Title IX/Sexual Misconduct Policy
Manhattan College is committed to providing an environment not impaired by sex and gender-based misconduct, including sex discrimination and sexual harassment. Title IX of the Education Amendment of 1972 is a federal law that prohibits discrimination on the basis of sex in educational programs, activities, and employment practices. Therefore, students, employees, applicants, and other members of the Manhattan College community (including without limitation, vendors, visitors, and guests) may not be subject to discrimination or harassment or otherwise treated adversely based upon a protected characteristic. This includes, without limitation, sexual harassment, sexual assault, domestic violence, dating violence, and stalking. Similarly, the College will not tolerate harassing, violent, intimidating, or discriminatory conduct by its students, employees, or any other member of or visitor to the College community.
This policy applies to conduct occurring on campus, during any College program or activity on or off-campus or abroad, including academic programs, admissions, athletics, recruitment, financial aid, housing, employment, as well as certain off-campus conduct perpetrated or suffered by a Manhattan College student, employee, staff member, or third party member of the College community.
The College encourages individuals to report all gender-based misconduct immediately to the Title IX coordinator, one of the deputy coordinators or another College staff member. The College will fully and promptly investigate all allegations of gender-based misconduct and will impose disciplinary measures, or take similar actions, as may be appropriate.
Title IX and the College strictly prohibits retaliation. Any person who attempts to penalize, intimidate, or threaten a person who makes a report or cooperates in an investigation of gender-based misconduct, harassment, or discrimination will be disciplined. Any person who believes he or she has been the victim of retaliation should immediately contact the Title IX coordinator or one of the deputy coordinators.
This College policy is in accordance with federal and state laws and regulations prohibiting discrimination and harassment. These laws include Title IX (prohibiting discrimination and harassment based on sex), the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VII, the New York State Human Rights Law and the New York City Administrative Code.
Inquiries regarding the application of Title IX and other laws, regulations and policies prohibiting discrimination may be directed to:
Sheetal Kale, Director of Diversity, Equity and Chief Title IX Coordinator
Tel: (718) 862-7512, Building: Miguel Hall, Room 100 Email: firstname.lastname@example.org
Inquiries may also be directed to the United States Department of Education’s Office for Civil Rights, 32 Old Slip 26th Floor, New York, NY 10005-2500; Tel. (646) 428-3800; Email OCR.NewYork@ed.gov.
Off-Campus Reporting Options
NYPD Sex Crimes Report Line
Tel. (212) 267-7273
New York State Police
Sex and Gender-Based Misconduct encompasses a broad range of behaviors including sex and/or gender discrimination which may or may not be sexual in nature. Sexual harassment, sexual assault and intimate partner violence such as domestic, dating violence and stalking are other types of gender-based misconduct prohibited by law and this policy. Gender-based misconduct can be perpetrated by men or women and can occur between people of the same or different sex.
Examples of gender-based misconduct include pressure to date or engage in a romantic or intimate relationship, unwelcome touching, kissing, hugging; inappropriate remarks about a person’s gender, gender expression, or sexual orientation; inappropriate sexual innuendo or humor; unnecessary or unwelcome references to parts of the body; and pressure for or forced sexual activities.
Sexual Harassment is a type of sex discrimination and is prohibited by Title IX and by Manhattan College policy. Sexual harassment may include unwelcome sexual advances, requests to engage in sexual conduct or for sexual favors, and other behavior of a sexual nature where:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment;
- Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; and/or
- Such conduct has the purpose or effect of substantially interfering with an individual’s academic or work performance, or of creating an intimidating, hostile or demeaning educational or employment environment.
Sexual harassment can be verbal, visual or physical and can occur regardless of the relationship, position, gender, or sexual orientation of the parties involved. It can be overt (e.g., in a suggestion that a person can get a higher grade by submitting to sexual advances), or implied from conduct or circumstances. Sexual harassment can also consist of unwelcome attempts to make an educational or professional relationship into a personal one. It may include severe, persistent and pervasive unwelcome sexual flirtation or inappropriate or derogatory language, including jokes involving individuals or classes of people, or persistent requests for dates. A single incident or few incidents may not necessarily amount to harassment, but a single extreme incident could constitute prohibited discrimination or harassment. Sexual harassment can also include the display of offensive materials, unwelcome physical contact, or serious physical abuse such as sexual assault or rape.
Sexual Assault is any non-consensual, intentional physical contact of a sexual nature. Sexual assault includes:
- Non-Consensual Sexual Contact: Any intentional sexual touching, however slight and with any object or body part, that is without consent (as defined in this Policy) and/or by threat, intimidation, coercion, duress, violence, or by causing
a reasonablefear of harm. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.
- 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, forcibly or without affirmative consent or where the victim is incapable of affirmative consent due to mental or physical incapacity. Statutory rape is non-forcible sexual intercourse with a person who is under the statutory age of consent. In New York, the statutory age of consent is 17 years old.
Domestic Violence may include violent acts by a current or former spouse; by a person with whom the victim shares a child in common; by a person who is or has cohabitated with the victim as a spouse; by a person similarly situated to a spouse; between a parent and child; between members of the same household in an intimate relationship; or by any other person similarly situated. Domestic violence can be physical, sexual, emotional or economic in nature.
Dating Violence can be violence or abusive
Stalking is unwanted or obsessive attention by an individual or group toward a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or to suffer substantial emotional distress. Stalking may include the monitoring of an individual online or involve the use of social media, email or other technology. It may also include unwanted observation or surveillance.
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. This definition does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act;
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol;
- Consent may be initially given but withdrawn at any time;
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent;
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm;
- When consent is withdrawn or can no longer be given, sexual activity must stop;
- Children under 17 years of age cannot legally consent under New York State Law to having sex or sexual contact with an adult (i.e., someone who is 17 years of age or older). Any sexual contact in New York between a child under 17 and an adult is a crime, and any such illegal behavior between a College student under 17 and a College employee or employee of a contracted service provider to the College will be reported to an appropriate law enforcement agency. Other jurisdictions may have different standards, and any illegal behavior in such jurisdiction also will be reported to the appropriate law enforcement agency.
Incapacitation: occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Evaluating incapacitation requires an assessment of an individual’s:
- Decision-making ability;
- Awareness of consequences;
- Ability to make informed judgments;
- Capacity to appreciate the nature and the quality of the act; and
- Level of consciousness.
- An individual who engages in sexual activity with someone the individual knows or reasonably should know is incapable of making a knowing, reasonable decision about whether to engage in sexual activity is in violation of this Policy.
Note about Alcohol and Drug Use: the consumption of alcohol and other drugs can have unintended consequences and create an atmosphere of confusion as to whether consent was freely given. If students do consume alcohol or other substances, they are encouraged to do so responsibly.
See Appendix A for the College’s Alcohol and Drug Use Amnesty policy.
Alcohol and Drug Use
The consumption of alcohol and other drugs can have unintended consequences and create an atmosphere of confusion as to whether consent was freely given. If students do consume alcohol or other substances, they are encouraged to do so responsibly.
- An individual’s consumption of alcohol or other drugs never places them at fault for being sexually assaulted or victimized by any other form of gender-based misconduct.
The College’s primary concern is for the safety and well-being of its students and other members of the College community. It is imperative that you report sexual assault, harassment and other forms of gender-based misconduct, even if those involved may be violating other College policies, such as those regarding underage alcohol consumption. The College expects that members of the community will look out for each other and immediately report troubling behavior so that the College can put a stop to it, address the effects of the behavior and prevent its recurrence. Students who report or cooperate with an investigation of sexual assault, domestic or dating violence and stalking will not be charged with violating the Alcohol or Drug policies of Manhattan College related to that violation. However, the student may be referred without conduct charges to the Alcohol and Drug Counselor available through the Manhattan College Counseling Center to support their health and well-being. If you are not sure whether misconduct has occurred, please contact the Title IX coordinator or one of the other individuals listed.
Safe Bystander Interventions
Observers of a sexual assault or other types of gender or intimate
Manhattan College will not tolerate retaliation. Retaliation is prohibited by Title IX. Any attempt by a member of or visitor to the Manhattan College community to intimidate,
Manhattan College’s greatest concern is for the safety and physical and mental health of all its students, faculty, staff, and guests and is committed to maintaining a welcoming and supportive educational climate. Therefore, the following procedures are available to all students, staff, administrators and faculty who feel they have experienced or witnessed gender-based misconduct, including sexual assault, domestic violence, dating violence, stalking, sexual harassment and gender discrimination as discussed above.
The College will promptly and equitably respond to all issues involving gender-based misconduct. It may be necessary to adjust on a case-by-case basis the procedures and timeframes discussed in this section due to the nature and complexity of the issues, the parties involved, and the College’s academic calendar. Both the complainant and the accused will be notified of procedural or timeframe adjustments.
All members of the College community, including students, staff, faculty, vendors, and visitors who experience, witness, or hear about gender-based misconduct, including sexual harassment and sexual assault, are encouraged to immediately contact the College’s Title IX Coordinator, Sheetal Kale, in person at Miguel Room 100, by phone at 718-862-7512, or by email at email@example.com, or reach out to any of deputy Title IX Coordinators listed on the college website. In an emergency please call 9-1-1 or the Public Safety at (718) 862-7333. There is no time limit on how long after an incident you can make a report of misconduct. However, the College’s ability to respond to a report may be hindered by the length of time between the alleged misconduct and the report itself.
Once the College is informed of alleged misconduct, the Title IX Coordinator or her designee will notify the complainant and the accused of their rights. See Appendix B for Students’ Bill of Rights. The Title IX Coordinator will help the parties navigate the formal complaint process, access appropriate medical, emotional or academic services, discuss possible interim arrangements during the investigation and resolution phases, understand your rights, and answer your questions along the way. The College will
Reporting Misconduct to Law Enforcement
If you have been the victim or target of a sexual assault or other type of sexual misconduct, you may also contact the NYPD in addition to the College. The local NYPD precinct is the 50th Precinct and is located 3450 Kingsbridge Avenue, Bronx, NY 10463 and can be reached at (718) 543-5700. You do not have to file a report with the police, but if you would like to do so, someone from the Title IX Working Group can accompany you to the local police precinct to support you through the process. The College can also provide you with information about the process of obtaining a judicial order of protection. In certain circumstances, depending on the type of conduct alleged and the parties involved, the College may be independently obligated to contact the police. The College will continue its own investigation into the alleged conduct, regardless of whether or not the police decide to pursue their own investigation. The College will cooperate with all police investigations and will honor and enforce any judicial no-contact, restraining, or protective orders the parties may obtain outside the College process.
Any College official (e.g. faculty member, residence life staff member, dean) informed of possible discrimination, harassment or sex or gender-based misconduct must report it to the Title IX Coordinator. However, certain College officers who serve in a privileged professional capacity (e.g. rape crisis
If a reporting individual discloses an incident to a College employee who is responsible for responding to or reporting sexual assault, domestic violence, dating violence, or stalking, but wishes to maintain confidentiality or does not consent to the College’s request to initiate an investigation, the Title IX Coordinator will weigh the request against the College’s obligation to provide a safe, non-discriminatory environment for all member of its community. The College will assist with academic, housing, transportation, employment and other reasonable and available accommodations regardless of reporting choices.
Upon receipt of a report, the Title IX Coordinator and those assisting with an investigation and those participating in any disciplinary
Even Manhattan College office 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.
To speak with someone at Manhattan College on a confidential basis, the following options are available:
- Counselors in the Manhattan College Counseling Center
- Nurse Practitioners in the Student Health Center
- The Campus Chaplain
After the receipt of a report of gender-based misconduct, the Title IX Coordinator or one of her deputy coordinators will meet with the complainant to gather as much information as possible. The Title IX Coordinator and/or her designee(s) will also meet with any witnesses or individuals who may have information about the conduct at issue. The Title IX Coordinator or her designee will counsel the accused on the available academic and other emotional supports available.
If after this initial fact-finding phase the College determines that a violation of College policy may have occurred, it will proceed with a full investigation. All parties will be notified that an investigation is underway and will be afforded the opportunity to independently meet with the Title IX Coordinator or her designee to review this procedure and to have his/her rights explained. All parties will also have the opportunity to submit names of individuals with knowledge of the situation and the College will follow up with those individuals. The Title IX Coordinator or her designee will counsel all parties on the available academic and other emotional supports available. The College will notify the parties in writing prior to any meeting that they are required or eligible to attend. The accused will receive a notice of investigation that includes the date time, location and factual allegations concerning the report that the College has received. Accused individuals will also be provided with a reference to the specific code of conduct provisions alleged to have been violated.
During an investigation, the Title IX Coordinator or an appropriate designee may ask for written statements and other documents or evidence which may aid in the investigation. Therefore, it is important to preserve all evidence associated with the conduct or that you think might help others understand what happened. Such evidence can include text messages, Facebook or Instagram posts, photos, voicemails, emails, or items of clothing. Both parties may exclude any prior sexual history with persons other than the parties involved in the current conduct process.
During the investigation process interim measures will be discussed with the parties and implemented as may be appropriate. Possible interim measures available to students, faculty, staff, or other individuals participating in this process may include a change in class schedule, housing arrangements and/or work arrangements. The parties may request that the College issue a “no contact” order, which prohibits the parties from interacting and restricts one or both party’s access to certain areas of campus. “No contact” orders are usually not indefinite and either party may request that the Title IX Coordinator or her designee amend or revoke a “no contact” order. Intentional and/or repeated violations of a College-issued “no contact” order are a violation of this Policy and may result in additional disciplinary charges and disciplinary sanctions.
Depending on the nature of the problem, possible supports and remedies for the parties involved, may include depending on availability and resources, but are not limited to: ensuring the complainant and the accused do not attend the same classes, live in the same residence halls, or eat at the same time in the same dining halls; provide academic, counseling, or medical services; and arrange for the parties to retake or withdraw from a course without penalty.
In some misconduct
Both the accused and the complainant will be updated throughout the investigation process. At the close of an investigation, the Title IX Coordinator or her designee with prepare an Investigation Report detailing the content of interviews and the evidence gathered. Both parties will be provided access to the Investigation Report and be given an opportunity to correct any inaccuracies that they believe exist.
Once the investigation is complete the matter will then proceed to a hearing before a hearing officer designated by the College in order to determine whether the accused is responsible, in whole or in part, for the alleged misconduct. The hearing officer will make this assessment based on a preponderance of the evidence. The Title IX Coordinator will forward the Investigation Report to the hearing officer for his or her review. The parties will be notified in writing of the date, time, and location of the hearing. Both parties are encouraged to attend the hearing. Arrangements can be made for a party to appear at the hearing by video or audio conference.
The accused and the complainant will receive advance written or electronic notice of the date, time, and location of any hearing they are required to or are eligible to attend. The accused and the complainant have the right to challenge the choice of
Each party will have an opportunity to submit further evidence prior to the hearing and will be afforded the opportunity to review this additional evidence before the start of the hearing. Both parties will be notified before the hearing of the possible sanctions. At the
The parties may not directly question each other, or any witnesses, although they may proffer in writing, prior to or during the hearing, questions for the Hearing Officer or panel to direct at the other party, or witness. The hearing officer or panel may choose
The burden of proof will not be solely on any one party. Should the accused fail to attend the hearing, the hearing may continue in the accused’s absence.
The hearing officer will make a determination based on the preponderance of the evidence, which means he or she will determine whether it is reasonable to conclude, based on the evidence available, that it is more likely than not that the alleged conduct occurred. Both parties may bring an advisor or support person of choice with them to the hearing, and during any phase of proceeding discussed in this Policy. Advisors/support persons are not be allowed to participate in the hearing process itself. Advisors/support persons may speak privately with the advisee during the proceedings, but are not otherwise allowed to participate in the hearing process itself.
The complainant and the accused will simultaneously be notified in writing of the hearing officer’s determination and any sanction imposed. After the hearing, but before the hearing officer delivers his/her written determination of responsibility and
Appropriate disciplinary sanctions will be determined according to the parties involved and the severity and/or duration of the conduct. Possible sanctions include exclusion from certain College buildings, classes, residence halls, and College events; suspension, expulsions, and/or discharge from employment or enrollment. Individuals doing business at the College or third party vendors found to be in violation of this policy may be banned from the College and the College will notify their respective employers of all charges and disciplinary outcomes. Visitors may be banned from the College. Possible sanctions for gender-based misconduct, including sexual harassment, sexual assault, domestic violence, dating violence, and stalking are suspension, termination of employment, and expulsion.
Resolution and Appeal
Both the complainant and the accused have the right to appeal the outcome of the hearing officer’s determination of responsibility and/or sanction. An appeal may be made in only certain limited circumstances, as follows: (1) a party believes a procedural error substantially impacted the original finding or sanction; (2) a party has substantial new evidence that was not available during the investigation or hearing and which would substantially impact the original finding or sanction; or (3) a party feels that the sanction is substantially outside the scope or guidelines set by the Manhattan College Community Standards and Student and Faculty Code of Conduct.
Requests for an appeal must be made in writing,
Appeals of the hearing officer/panel/administrator’s decision will be heard by an Appeal Panel. The Appeal Panel will be comprised of individuals that are fair and impartial and will not include individuals with a conflict of interest. All appellate decisions are final. Both parties will be informed of the outcome of any appeal.
* Notwithstanding the foregoing procedures, findings and recommendations for sanction concerning faculty and represented employees will be further subject to the provisions of the appropriate collective bargaining agreement or the faculty handbook/policy.
Depending on the nature of the allegations, possible supports and remedies for the complainant that could be implemented during an investigation/hearing/appeal as well as after its conclusion, may include, but are not limited to: providing an escort to ensure that the complainant feels safe
Students suspended or expelled for committing an act of sexual assault, domestic violence, dating violence, stalking or a “violent crime,” as defined by the Clery Act, will have a notation placed on their transcript as follows: “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” The College will consider requests to remove transcript notations. A transcript notation will not be removed prior to one year after conclusion of the suspension. Expulsion notations will not be removed in any case. Appeals seeking removal of a transcript notation may be addressed to the Title IX Coordinator. If a finding of responsibility is vacated for any reason, a corresponding transcript notation will be removed.
If an accused student withdraws from the College while charges are pending and declines to complete the disciplinary process the following notation will be placed on his/her transcript: “withdrew with conduct charges pending.”
 “Violent crimes” defined by the Clery Act are murder, sexual
The College will make all reasonable efforts to ensure that future harassment, discrimination, and misconduct does not occur and that the parties and those who participated in the investigation and hearing process do not experience any form of retaliation. The College will also take appropriate steps to address the discriminatory effects of the misconduct including offering training programs, presentations that address issues of sex discrimination, sexual harassment and gender-based misconduct, as well as
If you experience subsequent harassing, discriminatory, threatening or retaliatory conduct, you should immediately report it to the Title IX Coordinator. Someone from the College will follow up with both parties after the resolution of the matter to determine whether there
Should a complainant or any other individual experience continuing, additional or new forms of discrimination, harassment, misconduct, or retaliation he or she should immediately inform the Title IX Coordinator or one of her designees listed on the College website.
Standard Minimum Sanctions (if found responsible) May Result In
- Suspension or Expulsion from the College
Campus Chaplain- Fr. Thomas Franks Tel. (718) 862-7972 Building: Miguel Hall- Cornerstone
College Counseling Center
Tel. (718) 862-7394, Building: 5FL Miguel Hall [http://https://inside.manhattan.edu/student-life/counseling-center/index.php-center]
RAPE Crisis Hotline
Tel. (914) 345-9111, [http://nyscasa.org/responding/crisiscenters]
Health Services-Request to speak with Nurse Practitioner
Tel. (718) 862-7217, Building: 104 Alumni Hall [http://https://inside.manhattan.edu/student-life/health-services/index.php-services]
Safe Horizon’s Rape, Sexual Assault, and Incest Hotline
Tel. (212) 227-3000, [http://www.safehorizon.org/index/get-help-8/call-our-hotlines-51.html]
New York Presbyterian Hospital/Columbia University Medical Center
Tel: 347-504-3726 Fax: 212-305
Sheetal Kale, Director of Equity, Diversity and Chief Title IX Coordinator
Tel. (718) 862-7512 Building: Miguel Room 100
Dean of Students’ Office
Tel. (718) 862-7438 Building: Thomas Hall 514
Human Resources Office
Tel. (718) 862-7392 Building: Memorial Hall 303
New York City Police Department 50th Precinct
Tel. (718) 543-5700, 3450 Kingsbridge Avenue, Bronx, NY 10463
College Public Safety Office
Tel: (718)-862-7333 (available 24/7), Building: Jasper Hall, 1st Floor, Email: firstname.lastname@example.org
In an emergency, please call:
911 or the College Public Safety Office at 718-862-7333 (24/7).
Alcohol and/or Drug Use Amnesty
The health and safety of every student at the College
The College will provide students with the resources to respond to
Student Bill of Rights
All students 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 from Manhattan College.
- 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
counselingservices, 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 Manhattan College representatives as practicable and not to be required to unnecessarily repeat a description of the incident.
- Be free from retaliation by the Manhattan College, 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.
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.