Policy on Sexual Misconduct, Stalking and Relationship Violence

Intro
Scope
Bill of Rights
Relationship policy
Reporting Sexual Misconduct, Sexual Assault, Stalking, or Relationship Violence
Procedures and Protocols
Informal Resolution
Transcript Notation
Definitions
Off-Campus Resources for All Members of the MMC Community

I. Introduction

Marymount Manhattan College (the College) is firmly committed to learning, living, and working environments that are welcoming, respectful and inclusive. To that end, the College prohibits sexual misconduct, which includes sex discrimination, gender harassment, sexual harassment, sexual assault, stalking, and dating or domestic violence, as defined below. This policy applies to all members of the College campus community, including faculty, staff and students, as well as visitors, vendors and contractors.

This policy is intended to be consistent with the College’s obligations under Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq. and the Clery Act, 20 U.S.C. § 1092(f), as amended. Title IX is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. Under Title IX, discrimination on the basis of sex includes sexual harassment and sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion. This policy also prohibits domestic violence, dating violence and stalking, which, along with sexual assault, are addressed in the Clery Act.

Students, faculty, and staff who are found to have violated this policy will be subject to disciplinary action, as described below. Visitors, vendors, and contractors may be barred from participation in a college program or activity or barred from parts or all of campus, and/or face termination of an existing contractual relationship with the College.

II. Scope

This policy prohibits a broad range of behaviors that can create a hostile working, living or learning environment, including sexual assault and sexual harassment, collectively referred to as “sexual misconduct.”

This policy applies to sexual misconduct whenever that sexual misconduct occurs:

On campus; and
At an off campus Education Program or Activity as defined in the Definitions section herein.

Sexual Misconduct that occurs off campus and is not part of an Education Program or Activity shall be subject to review and/or investigation under other applicable Codes of Conduct of the College.

This policy applies to and protects all individuals, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, criminal conviction, or gender identity. This policy also prohibits retaliation in connection with any reports of possible violations of this policy, regardless of where the retaliation occurs.

For students, this policy does not cover other violations of the College’s Code of Conduct. Such matters are handled by a separate process as set forth in the MMC’s Griffin Guide Student Handbook.

For faculty, this policy solely governs sexual misconduct involving faculty and, as authorized by the Faculty Governance (Article 4, section 8, sub-section 2), supersedes the Faculty Governance. The Faculty Governance otherwise remains in full force and effect.

For staff, this policy does not cover other violations of the College’s Standards of Conduct. Such matters are handled by a separate process as set forth in the MMC Staff Handbook.

III. Bill of Rights

All students and employees of Marymount Manhattan College have the right to:

Make a report to local law enforcement and/or state police;
Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
Be free from any suggestion that the Reporting Individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
Access to at least one level of appeal of a determination;
Be accompanied by an advisor of choice who may assist and advise a Reporting Individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
Receive resources, such as counseling and medical attention.
Confidentially or anonymously disclose a crime or violation to confidential resources, as set forth in Section IV(C)(1) below.
Make a report to an employee with the authority to address complaints, including the Title IX Coordinator, the Associate Vice President for Student Success & Engagement and Dean of Students, Interim Vice President of Academic Affairs and Dean of the Faculty, Associate Vice President for Human Resources, Campus Security, Local Law Enforcement, and/or Family Court or Civil Court.
Receive reasonable accommodations in academic, living, or working environments.

IV. Relationship Policy

Employees are prohibited from entering into romantic and/or sexual relationships with students. Such relationships are inherently unequal in power and therefore cannot be truly consensual. Possible violations of this policy will be investigated and reviewed by the appropriate Vice-President along with the Associate Vice President for Human Resources and may constitute grounds for disciplinary action up to and including dismissal.

V. Reporting Sexual Misconduct, Sexual Assault, Stalking, or relationship violence

Any individual may report a possible violation of this policy, whether the person is reporting behavior they have experienced or they learned about in another way (e.g., in conversation with a student, on social media, etc.). The person who originally brings the behavior to the College’s attention is not obligated to participate in any review the College may undertake, but as described below, the College may pursue the matter without the person’s involvement.

The College encourages all individuals to report behavior that may violate this policy. If that behavior is also criminal in nature, the College also encourages that the matter be reported to law enforcement in the applicable jurisdiction. In this document, the person alleging a violation of policy is referred to as the “reporting individual.” The person who is alleged to have violated campus policy is referred to as the “responding individual”

A reporting individual may report to the College and/or law enforcement; these are not mutually exclusive options. Both College and criminal complaints may be pursued simultaneously.

A reporting individual is encouraged to report sexual misconduct, domestic violence, dating violence and stalking regardless of where the incident occurred, or who committed it. Even if the College does not have jurisdiction over the responding individual, the College will still take prompt action to provide for the safety and well-being of the reporting individual and the broader campus community.

To report a sexual misconduct violation:

Contact the Title IX Coordinator, Desiree Sholes, by:
Telephone: 646.393.4127;
Email: dsholes@mmm.edu;
Online: through the College’s Bias Incident Report Form; or
Direct mail or in person: 221 E. 71 ^st Street, President’s Office, Carson Hall 307.

Students may also report violations to the Associate Vice President for Student Success & Engagement and Dean of Students, Emmalyn Yamrick, by telephone at 212-774-0751, by email at emmalyn@mmm.edu, or in person at 221 E. 71 ^st Street, Carson Hall 807.
Faculty may also report violations to the Interim Vice President of Academic Affairs and Dean of the Faculty, Peter Naccarato by telephone at 212-517-0531, by email at pnaccarato@mmm.edu, or in person at 221 E. 71 ^st Street, Carson Hall 800.
Staff may also report violations to the Associate Vice President for Human Resources, Bree Bullingham by telephone at 212.517.0532, by email at bbullingham@mmm.edu, or in person at 221 E. 71 ^st Street, Carson Hall 305.

If a report is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Reporting Party to ensure that it is filed correctly.

Reports that Involve Underage Drinking or Illegal Drug Use

The health and safety of every student at Marymount Manhattan College is of utmost importance. Marymount Manhattan College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Marymount Manhattan College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a Reporting Individual acting in good faith who discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Marymount Manhattan College’s officials or law enforcement will not be subject to the College’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

b. Confidentiality and Disclosures to the College

The College encourages reporters of sexual misconduct to talk to somebody about what happened so a reporting person can get the support they need and the College can respond appropriately. Sexual misconduct includes sexual assault, domestic violence, dating violence, and stalking.

When a report of a violation is made to an employee of the College, whether the employee is required to inform the Title IX Coordinator depends on whether the individual is a “counseling” member of the school community or “responsible employee” of the College. Healthcare, professionals, and pastoral counselors are considered confidential resources whereas responsible employees are non-confidential reporters.

Even College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

The College shall assist with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of reporting choices.

i. Confidential Disclosures:

Healthcare providers, professional and pastoral counselors who provide advocacy, health, mental health or sexual assault-related counseling to students are considered a “counseling” member of the school community. As such, they are not required to report any information regarding an incident of sexual violence to the Title IX Coordinator. Individuals may confidentially report the incident to these College officials who can assist in obtaining support services.

At Marymount Manhattan College, the following offices are staffed with healthcare or counseling members of the school community. Students who wish to speak to somebody in confidence about their concerns may contact these offices:

Counseling and Wellness Center, 212-774-0700, Carson Hall 806.
- Mental health counselors (including those who act in that role under the supervision of a licensed counselor.
The College’s Campus Ministry, 212-774-0759, Campus Ministry Carson Hall 412
Dow Zanghi Student Health Center, (212) 759-5870, 231 E. 55 ^th St. (in the 55 ^th St. Residence Hall)

A full-time faculty and/or staff member who wishes to speak to somebody in confidence about their concerns may contact:

Employee Assistance Program Services (Full-time faculty and staff only) 1-800-964-HELPS (3577)

ii. Non-Confidential Disclosures:

At Marymount Manhattan College, with the exception of health and counseling employees as set forth above, all employees of the College are considered responsible employees. As such, a responsible employee must report incidents of sexual misconduct to the Title IX Coordinator or other appropriate school designee.

Violations of this policy should be reported to the Title IX Coordinator, Desiree Sholes, at 646.393.4127 dsholes@mmm.edu, 221 E 71 ^st Street, President’s Office, Carson Hall 307.

In addition to the Title IX Coordinator, students may also report violations of this policy to Emmalyn Yamrick, Associate Vice President for Student Success & Engagement and Dean of Students by calling 212-774-0751 or via email at eyamrick@mmm.edu.

Faculty may also report violations of this policy to the Interim Vice President of Academic Affairs and Dean of the Faculty, Peter Naccarato, by calling 212-517-0531 or via email at pnaccarato@mmm.edu.

Staff may also report violations of this policy to the Associate Vice President for Human Resources, Bree Bullingham, by calling 212.517.0532 or via email at bbullingham@mmm.edu.

Please note that faculty and staff who do not work in offices listed as confidential are obligated to refer concerns about violations of this policy to the Title IX Coordinator, the Associate Vice President for Student Success & Engagement and Dean of Students, the Interim Vice President of Academic Affairs and Dean of the Faculty, the Associate Vice President for Human Resources or designee.

If a person discloses an incident to a responsible employee who is obligated to respond to or report sexual misconduct or sexual harassment, but the disclosing person wishes to maintain confidentiality or does not consent to the College’s request to initiate an investigation, the Title IX Coordinator must weigh the request against the College’s obligation to provide a safe, non-discriminatory environment for all members of the Marymount Manhattan College community. The College seeks consent from those who disclose prior to conducting an investigation. Declining to consent to an investigation will be honored unless the College determines in good faith that failure to investigate does not adequately mitigate a potential risk of harm to the disclosing person or the College community. If the College determines that an investigation is required, it will notify the reporting person and take immediate action as necessary to protect and assist that person. Anonymous reports shall be investigated by the College to the extent possible, both to assess the underlying allegation(s) and to determine if interim measures or remedies can be provided. However, the College’s ability to investigate, respond and provide remedies to anonymous reports are typically limited and are dependent upon the information shared.

Reports shall be investigated in accordance with College policies. Even if a person does not request confidentiality, to the extent possible, the reporting individual’s identity shall remain private. The College shall only disclose information regarding incidents of sexual misconduct to individuals who are responsible for handling the College’s response.

In addition, the College is not obligated to initiate a Title IX investigation based on statements made by an individual through a public awareness event, such as a candlelight vigil, protest, or other public event

iii. Criminal Reporting:

In addition to reporting incidents of sexual violence to the College and consulting the College’s Title IX Coordinator for information and assistance, a reporting individual may also file a criminal complaint with local law enforcement authorities and/or seek the assistance of campus security. The College encourages anyone who has experienced sexual violence, domestic violence, dating violence or stalking to report the matter to law enforcement.

It is not necessary to decide immediately whether or not to pursue a criminal complaint, but it is important to try to preserve all physical evidence. Collecting evidence immediately following a crime will be helpful in the event of later prosecution, or in the event that an order of protection is sought. For example, those who have experienced sexual assault are advised to seek medical attention immediately and not to drink, bathe, douche, brush teeth, change clothes, or comb hair, if possible.

For all types of misconduct covered by this policy, a reporting individual should also retain text messages, emails, notes, and other evidence that may relate to the matter. Early reporting is encouraged to assist with a police investigation and prosecution, should the reporting individual choose to pursue criminal prosecution, or again, if a protection order is sought. Reporting an incident covered by this policy to the police does not commit an individual to further legal action, but it helps to preserve options for the future.

iv. Campus Security:

Campus security can assist reporters of sexual violence with information on how to obtain an order of protection. College personnel can explain the order and answer questions pertaining to the order, including information about the responding individual’s responsibility to stay away from the reporting individual.

v. Third Parties:

Complaints by or about third parties or vendors should be made to the Director of Human Resources, or HR designee, or the Title IX Coordinator.

vi. Time Lines:

To promote timely and effective review, the College strongly encourages individuals to make reports of possible violations of this policy as soon as possible following the last occurrence of the behavior giving rise to the concern. Although the Title IX Coordinator or Director of Human Resources or designee may pursue a report at any time, delays may make it more difficult to gather relevant and reliable information.

vii. Right to Withdraw Complaint:

Reporters of sexual violence have the right to withdraw a complaint or involvement from the College process at any time.

e. Formal Complaint

A Formal Complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment. The filing of a Formal Complaint will trigger the grievance process outlined in Sections V. through VI. below. A Formal Complaint may be filed with the Title IX Coordinator by mail, electronically or in person as outlined above in Section b.

VI. Procedures and Protocols

a. Response to a Formal Complaint

Upon receipt of a Formal Complaint, the College will provide to both parties written notice of the grievance process outlined in this Policy and the allegations made with sufficient details to permit parties to prepare for an initial interview.

If, in the course of an investigation, the College decides to investigate allegations about the reporting individual or responding individual that are not included in the initial notice provided, the College will provide notice of the additional allegations to the parties whose identities are known.

i. Dismissal of Formal Complaints

If the conduct alleged in the Formal Complaint would not constitute sexual harassment as defined in § 106.30 of the Title IX Regulations even if proved, did not occur in Marymount Manhattan College’s Education Program or Activity, or did not occur against a person in the United States, then the College must dismiss the Formal Complaint with regard to that conduct for purposes of sexual harassment under Title IX. Such a dismissal does not preclude action under another provision of the the College’s Sexual Misconduct Policy or code of conduct.

The College may dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing: a reporting individual notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; the responding individual is no longer enrolled or employed by the College; or specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.

Upon a dismissal, the College will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

After written notice of the Formal Complaint is provided to all parties, and Investigation will be conducted as outlined below.

b. Response to Informal Complaints

i. Initial Review

When the College receives an informal complaint or otherwise learns of a concern about sexual harassment, sexual misconduct, domestic violence, dating violence and/or stalking, it will inform the reporting individual of the process for filing a Formal Complaint and the grievance process that will occur if a Formal Complaint is filed. If the reporting individual does not wish to file a Formal Complaint, the College will review the matter to determine if the behavior, as reported, would violate the College policies. If so, the College will determine how to address the matter, as provided for below.

ii. Decision to Proceed with Investigation

If the reporting individual is willing to participate in the review and investigation process, the College will proceed as described in the Investigation section below. If the reporting individual requests confidentiality or asks that the report of sexual misconduct not be pursued, the College will, generally before taking any further investigative steps, forward that information, along with all available information about the report, to the Title IX Team. The Title IX team is comprised of senior administrators, faculty and staff at the College who meet regularly to respond to complaints, identify and address compliance issues, review College policies and procedures, and monitor campus culture surrounding sexual and gender violence.

Even in those instances in which the reporting individual does not wish to be involved in the process, interim measures and resources continue to be available (see Section J, below, Interim Measures).

The Title IX Team is charged with balancing the College’s tradition of supporting survivor-centered practices with the College’s equally strong commitments to providing due process to the responding individual and promoting a safe community. Specifically, the Title IX Team members will provide information and advice to the Title IX Coordinator regarding:

Their perspectives on whether, how, and to what extent, College should further investigate the report of sexual misconduct;
What steps may be possible or appropriate when a responding individual is unknown, and;
What other measures or remedies might be considered to address any effects of the reported sexual misconduct on the campus community. In all cases, the final decision on whether, how, and to what extent the College will conduct an investigation, and whether other measures will be taken in connection with any allegation of sexual misconduct, rests solely with the Title IX Coordinator.

iii. Notification of Charges

The reporting individual and the responding individual shall be notified that the responding individual is the subject of a complaint when it is determined that an investigation is warranted. Charges may be presented to the responding individual in person, by placement in the individual’s residence hall or work mailbox, by email to the responding individual’s official College email address or by mail to the responding individual’s local or permanent address.

c. Investigation

The Title IX Coordinator will appoint an internal and/or external investigator to conduct a prompt, thorough and impartial investigation of the complaint. The investigation will include an objective evaluation of all relevant evidence, both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent or witness in the investigation.

This investigation consists of (but will not necessarily be limited to) separate interviews of the reporting individual, the responding individual, other individuals who may have witnessed the reported incident or incidents or have other relevant information, and a review of any relevant documents, photographs or other materials. In addition to their interview, the reporting individual and responding individual may provide a written statement or supporting materials or identify other potential witnesses regarding the matter under review. The investigation will also include a live hearing as discussed further below in Section e.

The College will provide to all parties whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;

Throughout the investigation, it is presumed that the responding individual is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

The Investigator will prepare an investigation report summarizing all evidence relevant to the claims and factual findings, and provide the final Investigation Report to the Title IX Coordinator and a separate decision maker to reach the determination regarding responsibility, as discussed further below. The decision maker will be an individual separate from the Title IX Coordinator and investigator.

d. Advisors

Both the Reporting and Responding Parties each may have an advisor of their choosing throughout the processes set forth in this policy. The advisor may be a person chosen by the party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, as more fully discussed below.if any. The advisor may be an attorney but is not required to be. The advisor may privately counsel the Reporting and Responding Parties, but may not speak on behalf of their advisee or otherwise actively participate in the investigation process.

e. Hearings

A live hearing will be conducted as part of the grievance procedure. Both parties have the right to submit, cross-examine, and challenge evidence at a live hearing, which will be recorded. Each party’s respective Advisor will conduct cross examinations at the hearing. Parties are prohibited from directly cross-examining one another and direct confrontation is not permitted. Neither the Reporting Party nor the Responding Party has a right to self-representation. A Hearing Officer will preside over the hearing and will determine whether a question is relevant before the party or witness is required to answer. A party’s medical treatment records, privileged information and certain questions or evidence about a party’s “sexual predisposition or prior sexual behavior” will be excluded.

Either party can request for the live hearing to take place in separate rooms. Participants may attend the hearing virtually, provided that all participants are able to see and hear each other.

MMC will provide written notice to the parties in advance of any meeting, interview, or hearing conducted as part of the investigation or adjudication.

f. Rights of Persons Reporting and Responding to Sexual Misconduct Complaints

Both Reporting and Responding Parties shall have the right to participate in proceedings that are in accordance with College rules. Each shall have the right to receive written or electronic notice of any meeting or hearing they are required to or are eligible to attend. Either party may provide testimony via alternative arrangements such as telephone/videoconferencing to lessen confrontations. Prior sexual history or past mental health history shall be excluded in determining responsibility but may be considered in imposing an appropriate sanction. These and other rights are set forth below.

Subject to the College’s compliance with FERPA or any other primary right or privilege, the Reporting and Responding Parties have the right to review all evidence that has been relied upon in reaching the final decision in the case which directly relates to the party requesting the evidence. Such evidence shall be available for inspection in a case file maintained by the College after a determination of findings has been reached. While it may be inspected, it may not be removed, copied, or scanned.

g. Standard of Proof

The investigator’s fact findings will be made using the “preponderance of the evidence standard.” The decision-maker’s finding regarding responsibility will be made using the same standard. This standard requires that the information supporting a finding that the policy was violated be more convincing than the information in opposition to it. Under this standard, individuals are presumed not to have engaged in behavior that violates the policy unless a preponderance of the evidence supports a finding that such behavior occurred.

h. Findings and Outcomes

A decision maker, who will be an individual separate from the Title IX Coordinator and investigator, will reach the determination regarding responsibility and will issue a written determination regarding responsibility. If the investigation determines that the policy was violated, the College will act promptly to eliminate the offending conduct, prevent its recurrence and address its effects, which may include sanctions/discipline, where appropriate. The Dean of Students, Interim Vice President of Academic Affairs and Dean of the Faculty or Assistant Vice President for Human Resources or designee, in consultation with the Title IX Coordinator and appropriate senior administrators, will determine the appropriate sanctions and interventions based on the totality of the circumstances. Reporting Individuals and Responding Individuals each have the right to present, within five (5) days of notification of whether this policy was violated, an impact statement to the Title IX Coordinator to be considered during the sanction process.

In those instances in which the underlying behavior occurred, but did not constitute a violation of this policy (e.g., the behavior did not meet the definition of domestic violence, dating violence or stalking), the College may still impose sanctions or take disciplinary action intended to stop the offending behavior when the misconduct violates the Code of Conduct. Such action may include any of the sanctions listed below, and will be reasonably calculated to stop the offending behavior.

i.Immediate and Ongoing Assistance

The College will assist individuals who report sexual misconduct in obtaining medical support and information regarding available legal and judicial resources, financial aid advising, immigration advice, as well as counseling and support services. The College will assist in notifying local police if the reporting individual requests the assistance of law enforcement. The College will assist individuals in seeking protection or no contact orders (both internally or externally) and it will enforce, to the extent possible, all such orders, when the institution has been appropriately notified of the existence of such order. The College will not require the reporting individual to notify law enforcement. Please be aware that some college employees may be obligated pursuant to law to report certain crimes to law enforcement or other college officials.

i. Notice of Outcome

Notice of the outcome will be provided in writing to the Reporting and Responding Parties simultaneously. The written determination will include the following:

Identification of the allegations potentially constituting sexual harassment as defined in § 106.30 of the Title IX Regulations;
A description of the procedural steps taken from the receipt of the formal complaint through the determination;
Findings of fact supporting the determination;
Conclusions regarding the application of the College’s code of conduct to the facts;
A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the College imposes on the respondent, and whether remedies designed to restore or preserve equal access to the College education program or activity will be provided by the College to the complainant; and,
The recipient’s procedures and permissible bases for the complainant and respondent to appeal.

j. Student Sanctions

Students found in violation of the policy are subject to sanctions or interventions that may include, but are not limited to one or more of the following:

Written Notice: A written notice stating that a student’s conduct is in violation of the Policy. Subsequent violations may result in the imposition of additional sanctions.
Disciplinary Probation: Levied for a specific period of time based on the seriousness of the case. Disciplinary Probation constitutes a loss of good standing at the College, and serves as a warning that any further violation of the Policy may result in the imposition of additional sanctions, including suspension or expulsion.
Restitution: Reimbursement in the amount of the cost to replace or repair stolen or damaged property of the College, the reporting individual or another person, or to cover certain expenses of the reporting individual.
Educational Sanctions/Imposition of Special Conditions: Assignment of an educational task appropriate to the circumstances of the case. Special conditions may include completion of training or educational programs, an educational project, service hours on campus or in the community; compliance with a behavioral contract; removal from specific courses or activities and/or permanent no contact directives.
Removal from College Housing: Placement in another room or housing unit or removal from college housing. Housing transfers or removals may be temporary or permanent depending on the circumstances.
Suspension: A separation of the student from the College for a definite or indefinite period of time or until written specified conditions are met. Conditions may include a ban on visitation on the campus and/or residential housing without prior written approval from the Associate Vice President for Student Success & Engagement and Dean of Students or designee. For students found responsible for committing sexual assault, the sanction shall either be immediate suspension, with any other conditions, or expulsion.
Expulsion: Permanent termination of student status from the College.

k. Employee Discipline

A faculty or staff member found to have engaged in behavior that violates this policy may be subject to one or more of the following:

Written reprimand
Change in work assignment/hours
Loss of privileges (including, but not limited to loss of vacation and sabbatical)
Reduction in salary or loss of future wage increase
Mandatory training
Suspension without pay and/or termination of employment
Demotion to a lower academic rank
Loss of honorific title
Loss of chair, department, committee and/or division positions

l. Application of this Policy to Members of a Recognized Bargaining Unit

For those employees who are members of a recognized bargaining unit, the conduct proscribed herein shall be grounds for the imposition of a disciplinary sanction, in accordance with the grievance procedures contained in the relevant collective bargaining agreement.

m. Course/Educational Programming Content

Within the College’s educational setting, there is latitude for a faculty member to exercise professional judgment in determining the appropriate content and presentation of academic material. Academic curriculum and pedagogical goals that serve legitimate and reasonable educational purposes do not, in and of themselves, constitute sexual harassment or other unlawful discrimination. Faculty members who participate in the educational setting have a responsibility to balance their professional academic responsibilities and professional judgment in light of the reasonable sensitivities of other participants in the same educational setting. Nothing contained in this policy should be construed to limit the legitimate and reasonable academic responsibilities and professional judgment of the College’s professional educators.

k. Interim Measures

Upon receiving a report of sexual misconduct, the College will provide the reporting individual with a written explanation of the interim measures available on campus and through local community resources and will ask the reporting individual if they would like to request interim measures. Examples of interim measures are listed below.

The College determines appropriate interim measures on a case-by-case basis. In those instances where interim measures affect both the Reporting and Responding Parties, the College will minimize the burden on the reporting individual wherever appropriate.

Possible interim measures include:

Academic accommodations (e.g. change of class)
Medical and mental health services, including counseling
Change in campus housing and/or dining locations
Assistance in finding alternative housing
Assistance in arranging for alternative College employment location and/or work schedule A “No contact” directive pending the outcome of an investigation. Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another

When the continued presence of the responding individual on campus, in the workplace and/or in the residence hall constitutes a threat to the security of one or more members of the College community, guests, or College property, interim measures may also include the responding individual’s immediate suspension from all or any portion of College premises, college program or activity, or registered student organization activities. Interim suspensions are determined by the Associate Vice President for Student Success & Engagement and Dean of Students or designee , Interim Vice President of Academic Affairs and Dean of the Faculty or designee, or by the Associate Vice President for Human Resources or designee. An interim suspension will be confirmed in writing and may remain in effect until the conclusion of the investigation and imposition of sanctions, if any.

l. Appeals

The reporting individual and/or the responding individual may appeal the outcome of the complaint. Appeals must be made in writing and submitted to the Title IX Coordinator within 14 calendar days of the notification of the decision regarding the outcome of the case. This deadline may be delayed for good cause shown (e.g. semester break, illness, etc.) upon approval of the Title IX Coordinator.

Grounds for Appeal- Appeals must be based on one or more of the following circumstances:

A material deviation from the procedures affected the outcome of the case;
There is new and relevant information that was unavailable, with reasonable diligence and effort, at the time of the investigation, that could reasonably affect the findings; and/or,
the Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome of the matter.

Appeals Board- will consist of one faculty member and two staff members who will be appointed by the President.
Removal for Conflict of Interest - Appeals Board members may be removed from a particular case for cause, such as conflict of interest or bias. Requests to have an Appeal Board member removed should be made in writing to the Title IX Coordinator, describing the conflict of interest or bias that is the basis of the request.
Decision – The Appeals Board may consider appeals based on the circumstances above. The appeal is not a new hearing and will consist of a review of the record. Upon review, the Appeals Board may make one of the following decisions within 14 calendar days from the request for an appeal:

Uphold the original outcome(s);
Modify the sanction(s); or
Remand the case with corrective instructions to the investigators.

m. Timeframes

Generally, the investigation and resolution will be completed within 60 days. In certain circumstances, such as College closures or time between terms, the timeframe may be extended. When it appears that there will be a delay in the process, the parties will be informed and provided with a new projected timeframe for completion.

n. Retaliation

The College will take appropriate steps to ensure that a person who in good faith reports, complains about, or participates in a sexual misconduct investigation will not be subjected to retaliation by the responding individual or by others with knowledge of the underlying report. Anyone who believes they are experiencing retaliation is strongly encouraged to report that concern using the same procedure for reporting possible sexual misconduct under this policy. A retaliation concern will be reviewed as a separate offense under this policy; that is, a person can be found responsible for retaliation even if not found to be responsible for the underlying reported sexual misconduct.

The College also will take appropriate steps to ensure that a responding individual accused of sexual misconduct or retaliation is treated fairly throughout the College’s review.

VII. Informal Resolution

At any time prior to reaching a determination regarding responsibility, the College may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that:

(i) all parties are provided with written notice of the allegations;

(ii) all parties are informed of the requirements of the informal resolution process and any consequences of participating; and,

(iii) the college obtains voluntary, written consent from all parties.

The only exception to the rule allowing informal resolution is with allegations of an employee sexually harassing a student.

VIII. Transcript Notation

According to New York State law, if a student is found responsible, through the College’s adjudication process, for crimes of violence including but not limited to sexual misconduct as set forth in the Clery Act, their academic transcript will be notated. If the violation results in suspension, the student’s transcript shall note, “Suspended after a finding of responsibility for a code of conduct violation.” If the violation results in expulsion, the student’s transcript shall note, “Expelled after a finding of responsibility for a code of conduct violation.” Should a student withdraw while the investigation of the complaint is pending, the transcript will note, “Withdrew with conduct charges pending.” Notations for expulsion are final and cannot be appealed or removed from a student’s transcript. Transcript notations for suspension may be appealed, provided that such notation shall not be removed prior to one year after conclusion of the suspension. In order to appeal a notation for suspension, the student must petition the Associate Vice President for Student Success & Engagement and Dean of Students in writing within 60 days of the notification of the determination of responsibility. If a finding is vacated then the notation on the transcript will be removed within 30 days.

IX. Definitions

Advisor – An individual chosen by a reporting individual or responding individual, to provide support during the review of a report of possible sexual misconduct under this policy. The advisor may be a person chosen by the party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any. The advisor may be an attorney but is not required to be. The person(s) chosen may not already be, or reasonably anticipated to be, directly involved in the investigative process (for example, as a reporting individual, responding individual, or witness).
Clery Act - Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is a federal law that requires colleges and universities to disclose information about crime on or around their campuses. The law has been amended to include various requirements, such as affording reporters of campus sexual assault certain basic rights.
Consent – For the purposes of this Policy, Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
Domestic Violence, Dating Violence and/or Relationship Violence – a felony or misdemeanor crime of violence committed –
- By a current or former spouse or intimate partner of the Complainant;
- By a person with whom the Complainant shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
- By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of [insert your state here];
- By any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of New York State.
Education Program or Activity – A location, event or circumstance over which Marymount Manhattan College exercises substantial control over both the respondent and the context in which the sexual harassment occurs. This includes any building owned or controlled by a student organization that is officially recognized by the College.
Formal Complaint - A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the Institution with which the formal complaint is filed.
Gender-Based Harassment – Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
Impact Statement – A statement drafted by a member of the College community explaining to the College how the underlying incident(s) has impacted his or her life.
Incapacitated – Lacking the physical and/or mental ability to make informed, rational judgments. This may have a variety of causes, including, but not limited to, being asleep or unconscious, being substantially impaired due to consumption of alcohol or drugs, experiencing blackouts or flashbacks, or intellectual or other disability.
Reporting Individual– An individual who experienced or is reported to have experienced sexual misconduct, domestic violence, dating violence and/or stalking, regardless of whether that individual participates in the disclosure or review of that report by the College at any point.
Responding Individual– A College student, faculty or staff member, or a participant in an Education program or activity, who is reported to have engaged in sexual misconduct. This term also includes individuals whose identities are unknown if:

i. There is reason to believe that they may be a College student or participant in a College program; or,
ii. The reporting individual or individual who discloses the incident to the college is a student, faculty or staff member.

l.

Sexual Misconduct – Umbrella term used to encompass unwanted or unwelcome conduct of a sexual nature that is committed without valid consent, including sexual assault and sexual harassment. Sexual misconduct may occur between people of the same sex or between people of different sexes and regardless of gender expression or identity. Sexual misconduct can include both intentional conduct and conduct that result in negative effects, even if those negative effects were unintended. Sexual misconduct can also include retaliation in connection with an individual’s report under this policy. Sexual misconduct may include the following:
Conduct on the basis of sex that satisfies one or more of the following:
1. QUID PRO QUO SEXUAL HARASSMENT: An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
2. SEXUAL HARASSMENT: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or
3. SEXUAL ASSAULT, defined as:
  - Sex Offenses, Forcible – Any sexual act directed against another person, without the consent of the Complainant including instances where the Complainant is incapable of giving consent.
  - Forcible Rape – 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 Complainant.
  - Forcible Sodomy – Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will (non-consensually) in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  - Sexual Assault With An Object – To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will (non-consensually) in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  - Forcible Fondling – The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
Sex Offenses, Nonforcible – Nonforcible sexual intercourse.
- Incest - Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by [insert state] law.
- Statutory Rape – Nonforcible sexual intercourse with a person who is under the statutory age of consent of 17.

4. DATING VIOLENCE, defined as: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition –

- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
  1. DOMESTIC VIOLENCE, defined as: a felony or misdemeanor crime of violence committed –
    - By a current or former spouse or intimate partner of the Complainant;
    - By a person with whom the Complainant shares a child in common;
    - By a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
    - By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of [insert your state here];
    - By any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of New York State.
  *To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
  1. STALKING, defined as: engaging in a course of conduct directed at a specific person that would cause a reasonable person to –
  - Fear for the person’s safety or the safety of others; or
  - Suffer substantial emotional distress.
  For the purposes of this definition –
  1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
  2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
  - Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling
Title IX – Title IX of the Education Amendments of 1972 (Title IX) (20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106) (as amended) is a federal law that prohibits sex-based discrimination, including sexual harassment and sexual assault, in education programs that receive federal financial assistance.
Title IX Coordinator – The College official charged with ensuring the College’s overall compliance with Title IX and related College policy.

X. Off-Campus Resources for All Members of the Marymount Manhattan Community

a. Criminal Reports (no fee)

NYC Police Department Special Victims 24-hour report line (646) 610-7273

If you would like to speak to a trained advocate first, call:

NYC Victim Services 24-hour hotline (212) 577-7777
NYC domestic violence 24-hour hotline (800) 621- HOPE (4673)
New York State Coalition against domestic violence Hotline (800) 942-6906
NYC Incest/Sexual Assault 24 hour Hotline (212) 267-7273
Mount Sinai Hospital Sexual Assault and Violence Intervention Program, (SAVI) (212) 423-2140
Confidentiality is protected unless there is a danger to yourself or others, or a minor is involved.

b. Hospital/Clinic Near MMC

Mount Sinai Hospital Sexual Assault and Violence Intervention Program (SAVI)
1468 Madison Avenue at 99th Street
(212) 423-2140

Free counseling and referral services
Emergency Room advocacy (SAFE Center of Excellence)
Legal advocacy
Services are confidential

c. Hospitals that Provide SAFE Center of Excellence Exams:

If you elect to have an evidence collection kit done within 96 hours of the assault, even if you choose not to make a report to the police, there is no cost for the services you receive as part of your sexual assault medical follow-up care for that visit. If you go to the Emergency Department of a hospital for medical follow-up but the evidence collection window has passed or you need additional medical services beyond the medical follow-up, your insurance will be billed. Counseling services are free and confidential.

The New York City Alliance Against Sexual Assault recommends that you get care at one of these sites, which ensures that you will have a victim advocate, a SAFE examiner, and a better level of care.

Manhattan:

St. Luke’s Hospital
Amsterdam Ave & W 113th St

Roosevelt Hospital
1000 10th Ave

Beth Israel-Petrie Campus
1st Ave & E 16th St

Bellevue Hospital
1st Ave & E 27th St

Harlem Hospital
506 Lenox Ave

Metropolitan Hospital Center
1901 1st Ave

The Mount Sinai Hospital
1468 Madison Avenue at 99th Street

New York Presbyterian Hospital-Columbia
622 W 168th St

New York-Presbyterian Hospital- The Allen Pavilion
5141 Broadway

New York-Presbyterian Hospital-Weill Cornell
525 East 68th Street

Brooklyn:

Woodhull Medical and Mental Health Center
760 Broadway

Kings County Hospital Center
451 Clarkson Ave

Bronx:

Lincoln Medical and Mental Health Center
234 E 149th St

Jacobi Hospital
Eastchester Rd & Pelham Pkwy S

Queens:

Queens Hospital Center
82-68 164th St

Elmhurst Hospital
79-01 Broadway

Staten Island:

Richmond University Medical Center
355 Bard Ave

d. Rape Crisis Centers (offering free counseling)

Mount Sinai Sexual Assault and Violence Intervention (SAVI) Program
The Mount Sinai Hospital
(212) 423-2140
Monday - Friday 9am-5pm

Bellevue Hospital
462 First Ave.
C Building, Room CD408
Manhattan
(212) 562-3435

Crime Victims Treatment Center, St. Luke’s Roosevelt Hospital
Roosevelt Office, 126 W 60th Street
Manhattan
(212) 523-8200

Confidentiality is protected unless there is a danger to yourself or others, or a minor is involved.

e. Hotlines (confidential and free)

Domestic Violence

Love is Respect
(866) 331-9474

NYS Hotline for Sexual Assault and domestic violence
(800) 942-6906

Safe Horizon (NYC domestic violence hotline)
(800) 621-HOPE (4673)

Suicide Prevention

The Trevor Project Helpline
(866) 488-7386

National Suicide Prevention Lifeline
(800) 273-TALK (8255)

f. Community Based Organizations with Resources on Sexual Assault, Dating Violence and Stalking:

New York City Alliance Against Sexual Assault
(212) 229-0345
Services: Getting help, Programs, Advocacy, policy and research

RAINN: Rape, Abuse & Incest National Network
(800) 656-HOPE (24-hour hotline)
Services: Prevention education, victims’ services, leadership

New York City Gay & Lesbian Anti-Violence Project
(212) 714-1141 (24-hour hotline)
Services: Education, survivor support, lesbian, gay, bisexual, transgender, queer and HIV-affected community

New York State Coalition Against Sexual Assault
(518) 482-4222
Services: Education, getting help

g. Sex Offender Information (no fee)

VINE - Victim Information Notification Everyday
1-888-VINE-4-NY— a 24-hour automated hotline that provides victims with the release date of inmates who are in custody of the New York City or NY State Department of Corrections.

NYS SEX OFFENDER Registry
800-262-3257

h. Immigration/Visa information (no fee)

VISA/Immigration Assistance – 311

i. General Assistance for Victims (no fee)

New York State Office of Victim Services

j. Organizations with Resources related to Sexually Transmitted Infections (no fee)

Centers for Disease Control and Prevention
The New York City Department of Health and Mental Hygiene

Policy on Sexual Misconduct, Stalking and Relationship Violence

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