Title IX/Sexual Harassment

Introduction

Manhattan College (the “College”) is committed to providing an environment not impaired by sexual misconduct, including sex discrimination and sexual harassment. This Sexual Misconduct Policy (the “Policy”) addresses allegations of sex discrimination, including sexual harassment, in accordance with Title IX of the Education Amendments of 1972 (“Title IX”), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), as amended by the Violence Against Women Act of 2013 (“VAWA”), Article 129-B of the New York State Education Law (“Article 129-B”), the New York State Labor Law, the New York State Human Rights Law (“NYSHRL”), Title VII of the Civil Rights Act of 1964 (“Title VII”), the New York City Human Rights Law (“NYCHRL”), the New York City Stop Sexual Harassment Act, and all other applicable law. In accordance with Title IX and its implementing regulations, the College does not discriminate on the basis of sex in its education programs and activities, including in admissions and employment.

Sexual misconduct and related retaliation are prohibited by the College. Students, employees, applicants, and other members of the Manhattan College community (including without limitation, vendors, visitors, and guests) may not be subject to discrimination, harassment, or otherwise treated adversely based upon their sex. 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. Any person who believes he or she has been subject to sex discrimination or related retaliation should immediately contact the Title IX Coordinator.

Any inquiries about the application of Title IX and related issues of sexual misconduct may be referred to either the College’s Title IX Coordinator or the U.S. Department of Education’s Assistant Secretary for Civil Rights, or both, using the contact information below:

Goldie Adele
Interim Title IX Coordinator 
Manhattan College
Thomas Hall, 3B
4513 Manhattan College Parkway
Bronx, NY 10463
Telephone: 718.862.7741
Email: titleix@manhattan.edu

U.S. Department of Education
Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Telephone: 800.421.3481
FAX: 202.453.6012
TDD: 800.877.8339
Email: OCR@ed.gov

Questions may also be directed to the OCR’s New York office email at ocr.newyork@ed.gov or telephone number at (646) 428-3800.

This Policy applies to allegations of sexual misconduct as defined herein, which includes all forms of sex discrimination. Complaints regarding other types of discrimination, such as discrimination based on race or religion, are covered by the College’s Non-Discrimination and Anti-Harassment Policy for Employees | Inside Manhattan College (for employee respondents) and Community Standards & Student Code of Conduct | Dean of Students | Inside Manhattan College (for student respondents). An individual who has a question about which policy applies in a specific instance should contact the Title IX Coordinator.

Any necessary accommodations due to a disability for the processes outlined in this Policy can be discussed with the Title IX Coordinator or the Student Resource Center (SRC), who will handle such requests pursuant to College policy.

II. The Title IX Coordinator

The Title IX Coordinator oversees the College’s Title IX compliance efforts and is responsible for coordinating the College’s response to all reports of sexual misconduct, including sex discrimination and sexual harassment. The Title IX Coordinator also collects data from all Title IX reports to monitor processes, conclude outcomes, and identify and address any patterns or systemic issues that may arise. Any person who believes he or she has been subject to sex discrimination or related retaliation should immediately contact the Title IX Coordinator.

Any disclosure regarding alleged Policy violations as well as any questions or concerns regarding this Policy or the state and federal laws covered in this Policy should be directed to the College’s Title IX Coordinator. You may contact the College’s Title IX Coordinator at:

Goldie Adele
Interim Title IX Coordinator
Manhattan College
Thomas Hall, 3B
4513 Manhattan College Parkway
Bronx, NY 10463
Telephone: 718.862.7741
Email: titleix@manhattan.edu

The Title IX Coordinator will not have a conflict of interest or bias when discharging their responsibilities. Allegations regarding bias or a conflict of interest of the Title IX Coordinator should be addressed to Mr. Goldie Adele, Chief Compliance Officer at gadele01@manhattan.edu or 718-862-7741.

III. SCOPE OF POLICY

The Policy applies to the College’s students, employees (including faculty, staff, and administrators), contractors, subcontractors, vendors, visitors, and guests. This Policy also applies to others affiliated with the College by reason of employment or education and to any other individuals who are on campus and/or participating in a College-sponsored program, activity, or event and who are within the College’s control. This Policy applies regardless of race, national origin, color, religious affiliation, age, sex, gender, gender identity, gender expression, sexual identity, familial status, pregnancy, ability, military status, criminal conviction, sexual violence victim status, or any other protected class recognized under federal, state, or local law. If the alleged conduct involves students or employees from two or more institutions, the College may work collaboratively with the other institution(s) to address the conduct, provided that such collaboration complies with the Family Educational Rights and Privacy Act (“FERPA”).

The Policy applies to alleged sexual misconduct or retaliation, as defined herein, that occurs:

  • on the College’s campus or property;
  • during any College program or activity, regardless of whether it is on or off-campus; and
  • off-campus and outside of a College education program or activity, if the conduct is perpetrated or suffered by an individual covered by the Policy and either:
    • the conduct has or could have a significant impact on the College’s campus or a College education program or activity;
    • the conduct poses a threat to the College community; or
    • the conduct has a reasonable connection to the College.
Unless otherwise indicated, an “education program or activity” of the College includes all of the operations of the College, including academic programs, admissions, study abroad programs, athletics, recruitment, financial aid, housing, and employment, and may also include computer and internet networks, digital platforms, and computer hardware or software owned by, operated by, or used in the operations of the College. This Policy still applies when any member of the College community travels off-campus as part of a College activity, team, organization, or event and when employees are traveling for business.

 

This Policy is effective as of August 7, 2023 and applies to all allegations of sexual misconduct reported after this date, regardless of when the conduct allegedly occurred. Allegations of sexual misconduct reported prior to this date will be resolved under the policy in effect at the time a formal complaint or complaint regarding the reported allegations is filed.

This Policy supersedes any other College policy to the extent that such policy applies to sexual misconduct or sex discrimination.

TITLE IX COMPLAINT FORM

Title IX/Sexual Harassment Anonymous Reporting Form

IV. PROHIBITED CONDUCT

Prohibited conduct includes the following behavior, as well as attempts to commit the below behavior. Some prohibited conduct has been designated as “non-Title IX” to differentiate it from conduct defined in the 2020 Title IX Regulations. Additional definitions for terms used below can be found in Appendix B.

  1. Dating Violence (non-Title IX)

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 a consideration of the following factors: (i) the length of the relationship; (ii) the type of the relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

  1. Discrimination Based on Pregnancy or Childbirth

The adverse treatment of an individual based on such individual's actual or perceived pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.

  1. Discrimination Based on Sexual and Reproductive Health Decisions

The adverse treatment of an individual based on such individual's actual or perceived decision to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions. Such services include, but are not limited to, fertility-related medical procedures, sexually transmitted disease prevention, testing, and treatment, and family planning services and counseling, such as birth control drugs and supplies, emergency contraception, sterilization procedures, pregnancy testing, and abortion.

  1. Discrimination Based on Status as a Victim of Domestic Violence, Sex Offenses or Stalking

The adverse treatment of an individual based on such individual's actual or perceived status as a victim of domestic violence, or as a victim of sex offenses or stalking.

  1. Domestic Violence (non-Title IX)

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 victim under New York domestic or family violence laws, or by any other person against an adult or youth Complainant who is protected from that person’s acts under New York domestic or family violence laws.

  1. Incest (non-Title IX)

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

  1. NYSHRL Sexual Harassment

The NYSHRL Sexual Harassment prohibition applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors, and persons conducting business, regardless of immigration status, with the College. Please see Appendix C for the definition of NYSHRL sexual harassment and related information.

  1. NYSHRL Retaliation

The NYSHRL Retaliation prohibition applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors, and persons conducting business, regardless of immigration status, with the College. Please see Appendix C for the definition of NYSHRL Retaliation and related information.

  1. Quid Pro Quo Sexual Harassment (non-Title IX)

One individual conditioning the provision of an aid, benefit, item, or service on another individual’s participation in unwelcome sexual conduct. This definition includes 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.

  1. Retaliation (non-Title IX)

Any adverse action taken against an individual for making a good faith report of a violation of this Policy, filing a good faith formal complaint or complaint in relation to a violation of this Policy, or participating in any investigation or proceeding under this Policy. Retaliation includes threatening, intimidating, coercing, harassing or any other conduct that would discourage a reasonable person from engaging in activity protected under this Policy.

  1. Sexual Assault (non-Title IX)

Engaging in the following sexual acts without affirmative consent, including instances where the victim is incapable of giving consent:

  1. Vaginal, anal, or oral sexual intercourse with another person;
  2. Inserting an object or instrument, however slight, into the genital or anal openings of the body of another person;
  3. Intentionally touching the sexual or intimate body parts of another person, directly, through material, or through the use of an object, or making a person touch their own sexual or intimate body parts or those of another person, for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or abuse; or
  4. Intentionally touching another person’s body, or making a person touch themselves or another person, for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or abuse.
  1. Sex Discrimination

Any adverse treatment or conduct that denies a person access to, the benefits of, or the ability to participate in any College education program or activity on the basis of sex, gender, sexual orientation, gender identity, and gender expression.

  1. Sexual Exhibitionism

Engaging in sexually explicit activity in public spaces, including online.

  1. Sexual Exploitation

Abuse or non-consensual use of another person’s sexuality or nudity without consent, including situations where the person is incapable of giving consent, for the perpetrator’s own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Specific conduct that constitutes sexual exploitation could, but does not necessarily, constitute Title IX Sexual Harassment as defined herein. Examples of sexual exploitation include but are not limited to:

  • Prostituting or causing the prostitution of another individual
  • Peeping/Voyeurism: intentionally watching, observing, photographing, videotaping, audio recording, or in any other way recording:
    • an individual who is undressing
    • the sexual activity of another individual
    • another individual who is in a state of undress (completely or partially naked)
    • another individual in a place and time where such person has a reasonable expectation of privacy, such as a bathroom or shower or changing room
  • Exceeding the boundaries of consent with another individual (such as permitting others to secretly observe you engaging in sex acts with another individual)
  • Inducing or attempting to induce incapacitation in another individual for purposes of compromising that individual’s ability to give Affirmative Consent to sexual activity, such as by administering alcohol or drugs (such as “date rape” drugs) to another person without their knowledge or consent for the purpose of sexual activity
  • Knowingly exposing another person to a sexually transmitted infection or virus without the other individual’s knowledge
  • Disseminating, streaming or posting sexual activity of any form on social media or any other public forum without permission from the other individual
  • Non-consensual texting of sexual activity or images of another individual
  • Distributing intimate sexual information about another individual
  1. Sexual Harassment (non-Title IX)

Unwelcome conduct of a sexual nature that is severe, pervasive, or persistent, including but not limited to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where:

  1. Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of a person’s employment, academic standing, or status in a program, course, or activity; or
  2. Submission to or rejection of such conduct by a person is used as the basis for employment or educational decisions affecting that person, or for academic evaluation, grades, or advancement; or
  3. Such conduct is sufficiently severe, pervasive, or persistent to have the purpose or reasonable effect of interfering with a person’s work or educational performance, or of creating an intimidating, hostile, or offensive work, academic, residential, or educational environment.
  1. Stalking (non-Title IX)

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for their safety or the safety of others; or (ii) suffer substantial emotional distress. As used in this definition:

  • “Course of conduct” means two or more acts, including acts in which the Respondent, directly, indirectly, or through third parties, by any method monitors, observes, follows, surveils, threatens, or communicates to or about a person or interferes with a person’s property.
  • “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the Complainant
  • “Substantial emotional distress” means significant mental anguish or suffering that may, but does not necessarily, require professional treatment or counseling.
  1. Stealthing

The act of removing a condom during sexual intercourse without affirmative consent of the sexual partner, or the act of intentionally misleading a sexual partner to believe a condom is being used during sexual intercourse when it is not.

  1. Title IX Retaliation

Intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with an individual’s right or privilege secured by Title IX and 34 C.F.R. Part 106, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under 34 C.F.R. Part 106. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or the corresponding regulations, constitutes retaliation.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this subsection of the Policy. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under 34 C.F.R. Part 106 does not constitute retaliation under this subsection of the Policy, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any Party made a materially false statement in bad faith.

  1. Title VII Retaliation

In accordance with Title VII, the College will not discriminate against any of its employees or applicants for employment because of the employee’s or applicant’s opposition to any practice made an unlawful employment practice by Title VII, or because the employee or applicant made a charge, testified, assisted, or participated in any investigation, proceeding, or hearing under Title VII.

  1. Title IX Sexual Harassment

Conduct on the basis of sex, occurring in an education program or activity of the College against a person in the United States, that satisfies one or more of the following:

  1. 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. 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” as defined in 20 U.S.C § 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. § 12291(a)(10), “domestic violence” as defined in 34 U.S.C. § 12291(a)(8), or “stalking” as defined in 34 U.S.C. § 12291(a)(30).

At the time of filing a formal complaint for Title IX Sexual Harassment, a Complainant must be participating in or attempting to participate in the education program or activity of the College.

  1. Title VII Sexual Harassment

Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

V. RESOURCES AVAILABLE TO THE COLLEGE COMMUNITY

In an emergency, please call 911 or the College Public Safety Office at 718-862-7333 (24/7). More information on confidentiality is in Section VI below.

Confidential Resources

To speak with someone at Manhattan College on a confidential basis, the following options are available (to students only) free of charge:

Employees have access to our EAP, ACI Specialty Benefits, which can be accessed at: 885-775-4357 (Phone), 858-224-2094 (Text), rsli@acieap.com, or http://rsli.acieap.com. The Company Code is: RSLI859. The EAP benefits are provided at no additional cost to employees.

Local Medical Resources (not free of charge – charges may be paid out of pocket or by insurance):

24/7 Confidential Hotlines (free of charge):

Non-Confidential College and External Resources

The following non-confidential resources are also available free of charge:

Goldie Adele, Chief Compliance Officer
Tel. (718) 862-7741
Building: Memorial Hall, 2nd Floor
gadele01@manhattan.edu

Dean of Students’ Office
Tel. (718) 862-7438
Building: Thomas Hall 514
aj.goodman@manhattan.edu

Human Resources Office
Tel. (718) 862-7392
Building: Memorial Hall 303
Email: vicki.cowan@manhattan.edu

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: publicsafety@manhattan.edu
https://inside.manhattan.edu/offices/public-safety/index.php-safety

Sexual Assault Forensic Examiners

In instances involving physical injury or sexual assault, the College strongly encourages the Complainant to obtain a medical examination to determine the extent of injuries. It is also important to understand that physical evidence collected in a rape examination (i.e., a rape kit) is a way to preserve evidence should anyone want to pursue criminal charges with the police or a local prosecutor at a later time. A hospital, with the Complainant’s permission, will collect physical evidence in a sexual offense evidence collection kit. The College community has access to Sexual Assault Nurse Examiners via the Domestic & Other Violence Emergencies (DOVE) Program at New York Presbyterian Hospital/Columbia University Medical Center, available via: Tel: 347-504-3726, Fax: 212-305-6196, and Email: dove@nyp.org.

VI. CONFIDENTIALITY OF DISCLOSURES REGARDING SEXUAL MISCONDUCT

The College understands that Complainants may wish to talk about alleged sexual misconduct with the assurance that the discussion will be confidential. Reporting Individuals have the right to disclose confidentially an incident of sexual misconduct to College representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for Reporting Individuals. Reporting Individuals also have the right to disclose confidentially an incident and obtain services from the state or local government. Confidentiality may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to College officials. Licensed mental health counselors, medical providers, and pastoral counselors are examples of College employees who may offer confidentiality.

  1. Confidential College Resources

Certain College employees who serve in a privileged professional capacity (e.g. rape crisis counselors, medical service providers, licensed mental health counselors, and the clergy) are not required by the College to report disclosures of sexual misconduct except as required by law. To speak with someone at Manhattan College on a confidential basis, the following options are available:

The Counseling Center
Miguel Hall, Room 501
(718) 862-7394
Monday - Friday
9 a.m. - 4:30 p.m.

The Health Center
Horan Hall, Room 218
718-862-7217
Monday-Friday
9AM-4:30PM

The Campus Chaplain
Father Tom Franks
Miguel Hall, Room 209
718-862-7972
Monday-Friday 9AM-4:30PM

Students may speak with these resources free of charge.

Employees have access to our EAP, ACI Specialty Benefits, which can be accessed at: 885-775-4357 (Phone), 858-224-2094 (Text), rsli@acieap.com, or http://rsli.acieap.com. The Company Code is: RSLI859. The EAP benefits are provided at no additional cost to employees.

  1. Employee Reporting Requirement

Other than the confidential College resources outlined above, all College employees are considered mandated reports, and if informed of possible sexual misconduct, must report it to the Title IX Coordinator. Employees must report all relevant details (obtained directly or indirectly) about the alleged sexual misconduct to the Title IX Coordinator. Such information includes dates, times, locations, and names of parties and witnesses. Even College offices and employees who cannot guarantee confidentiality will maintain 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.

Upon receipt of a report of possible sexual misconduct, the Title IX Coordinator, those assisting with an investigation, and those participating in any disciplinary proceedings, will make all reasonable efforts to maintain the privacy of those involved. The College understands that reports of this nature can be difficult, emotional, and stressful. Therefore, the College will only share information as is needed to conduct a prompt, thorough, and effective Grievance Process. All members of the College community should understand even if the Complainant declines to file an formal complaint or complaint and asks the College not to pursue an investigation, the College may still need to investigate the allegations and address the conduct. Additional information regarding this scenario is discussed in Section XII(A) below.

  1. FERPA

The Family Educational Rights and Privacy Act (“FERPA”) allows the College to share information with a student’s parents if there is a health or safety emergency or if the student is listed as a dependent on either parent’s prior year federal tax income form. However, the College will generally not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the permission of the reporting individual or Complainant.

  1. Sexual Assault Public Awareness Events and Climate Surveys

The College is not obligated to and will not begin an investigation based on information that a person chooses to share during public awareness events such as candlelight vigils, “Take Back the Night,” protests, or other public events. The College will conduct a campus climate assessment at least every other year that meets the requirements of Article 129-B. The College will take steps to ensure that answers to climate surveys remain anonymous and that no individual is identified. Results of the survey will be published on the College website provided that no personally identifiable information or information which can reasonably lead a reader to identify an individual shall be shared. Information discovered or produced as a result of the climate survey will not be subject to discovery or admitted into evidence in any federal or state court proceeding or considered for other purposes in any action for damages brought by a private party against the College, unless, in the discretion of the court, any such information is deemed to be material to the underlying claim or defense.

  1. Clery Reporting

The College will make reports of certain crimes occurring in specific geographic locations that shall be included in the College’s Annual Security Report pursuant to the Clery Act, 20 USC § 1092(f), in an anonymized manner that identifies neither the specifics of the crime nor the identity of the reporting individual, including a Complainant. The College is obligated to and will issue timely warnings to the College campus community of crimes enumerated in the Clery Act occurring within relevant geography that are reported to campus security or local police agencies and that represent a serious or continuing threat to students and employees, except in those circumstances where issuing such a warning may compromise current law enforcement efforts or when the warning itself could potentially identify the reporting individual or Complainant. A Reporting Individual or Complainant will not be identified in a timely warning.

VII. REPORTING SEXUAL MISCONDUCT EXTERNALLY

There are multiple ways to report sexual misconduct, both internal and external to the College. A person may report an incident externally or internally, or both. Complainants have the right to notify proper law enforcement authorities, including on-campus and local police, be assisted by campus authorities in notifying law enforcement authorities if the Complainant so chooses, and decline to notify such authorities.

  1. Law Enforcement Notification

The College strongly encourages you to promptly report alleged incidents of sexual misconduct to the police. It is important to preserve evidence as may be necessary to the proof of criminal charges. Law enforcement can help ensure the preservation of evidence and facilitate a timely investigation and response. College representatives are available to assist you in notifying law enforcement of an incident of sexual misconduct and in contacting law enforcement or legal service organizations to learn about these remedies. An individual may also choose not to report an incident to law enforcement. Except in instances where the victim is under the age of 18, the College will respect a victim’s decision regarding whether to report an incident to local law enforcement. Where an incident involves the suspected abuse of a minor, certain individuals at the College may have an obligation to report to law enforcement under New York State Law.

NYPD Sex Crimes Report Line 212- 267-7273
New York State Police 844-845-7269
  1. Orders of Protection

An individual has the right to request the assistance of the College in obtaining an order of protection from the court. If an order of protection is granted, the parties will have the right to receive a copy of the order of protection when the order is received by the College. The parties will also have the opportunity to meet or speak with an appropriate College employee who can explain the order and the consequences for violating the order and answer any questions about the order. Additionally, if the order of protection is violated, the individual may receive assistance from the College in calling local law enforcement to inform them of the violation.

  1. Criminal Proceedings

Sexual misconduct may constitute a violation of both state law and College policy. This Policy and the criminal justice system work independently from one another and the filing of a Complaint of sexual misconduct under this Policy is independent of any criminal investigation or proceeding Thus, a law enforcement determination of whether to prosecute a Respondent is not determinative of whether the College will conduct an investigation under this Policy.

Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings. The College will not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation or to take any necessary interim measures to protect the Complainant and the College community. However, the College may temporarily delay its investigation to enable law enforcement to gather evidence and to engage in a preliminary investigation of sexual misconduct matters that may also violate the state criminal code. This delay should not last longer than 10 days unless law enforcement specifically requests a longer delay.

  1. Civil Proceedings

A Complainant and/or Reporting Individual has the right to receive assistance from appropriate College representatives in initiating legal proceedings in family court or civil court.

  1. External Enforcement Agencies

An individual who has experienced sex discrimination, including sexual harassment, may report or file a Complaint with the College, a complaint with an external enforcement agency, or both. Reporting or filing a Complaint internally with the College does not extend the time to file with an external enforcement agency or in court. One does not need an attorney and there is no cost to file a complaint with an external enforcement agency. Additional reporting options relating to NYSHRL Sexual Harassment and NYSHRL Retaliation are discussed in Appendix C.

U.S. Department of Education
Office for Civil Rights
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Telephone: 1-800-421-3481
Fax: 202-453-6012; TDD: 1-800-877-8339
Email: OCR@ed.gov

New York State Education Department
Office of Higher Education
89 Washington Avenue
Albany, NY 12234
(518) 486-3633
www.nysed.gov

Office for Civil Rights, New York Office
U. S. Department of Education
32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: (646) 428-3800
Facsimile: (646) 428-3843
Email: OCR.NewYork@ed.gov
https://www2.ed.gov/about/offices/list/ocr/index.html

VIII. REPORTING SEXUAL MISCONDUCT TO THE COLLEGE

Individuals have the right to make a report of sexual misconduct, including sexual assault, domestic violence, dating violence, and/or stalking, to the Title IX Coordinator, College security, local law enforcement and/or state police. Individuals also have the right to choose not to report. A person may report an incident either externally or internally, or both. Reporting parties have the right to disclose the incident to a College representative who can offer privacy or confidentiality.

Confidentiality may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. § 1092(f) and 20 U.S.C. § 1681(a). Privacy may be offered by an individual when such individual is unable to offer confidentiality and as appropriate, and can assist in obtaining resources for Reporting Individuals. The College will take all steps available to protect the individual from retaliation for reporting an incident and will provide assistance and resources to support the individual. At the first instance of disclosure by a Reporting Individual to a College representative, the Reporting Individual shall be reminded of these rights and be informed that “You have the right to make a report to College police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College.”

In an emergency, please call 9-1-1 or the Department of Public Safety at (718) 862-7333. The Department of Public Safety is open 24 hours a day, 7 days a week, 365 days a year.

Once the College has actual knowledge of Title IX Sexual Harassment in its education program or activity against a person in the United States, it will respond promptly in a manner that is not deliberately indifferent.

  1. Reporting Sexual Misconduct

All members of the College community, including students, employees, members of Public Safety, vendors, and visitors who experience, witness, or hear about sexual misconduct, including sexual harassment, are encouraged to immediately contact the Title IX Coordinator:

Goldie Adele
Interim Title IX Coordinator
Manhattan College
Thomas Hall, 3B 4513
Manhattan College
Parkway Bronx, NY
10463 718.862.7741
titleix@manhattan.edu

A reporting individual also has the right to disclose, if the accused is an employee of the College, the incident to the College’s human resources authority or the right to request that a confidential or private employee assist in reporting to the appropriate human resources authority.

Reports of sexual misconduct may be made verbally or in writing. Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed above for the Title IX Coordinator, by using the link below, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed above for the Title IX Coordinator.

TITLE IX/SEXUAL HARASSMENT ANONYMOUS REPORTING FORM

An individual making a report will have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault. These personnel shall be available upon the first instance of disclosure to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible. This individual will also detail that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney. This individual will also explain whether he or she is authorized to offer the reporting individual confidentiality or privacy and will inform the reporting individual of other reporting options.

The College will keep confidential the identity of sexual misconduct reporters, Complainants, individuals who have been reported to be perpetrators of sexual misconduct, including Respondents, and witnesses, except as permitted by FERPA, as required by law, or as required to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.

  1. Anonymous Reporting

If the College receives a report of alleged sexual misconduct or related retaliation from an anonymous source, the College’s Title IX Coordinator will promptly notify the alleged Complainant of the report and inform him/her of the availability of supportive measures and assistance. In cases in which a report is made anonymously, this Policy will apply in the same manner as if the Complainant had made the initial report.

A known Complainant in a matter involving a formal complaint of Title IX Sexual Harassment cannot remain anonymous regardless of who, the Complainant or the Title IX Coordinator, files the formal complaint. If a report is filed anonymously and the Complainant is not identified, the Title IX Coordinator may still proceed with filing a complaint or formal complaint, should circumstances warrant. However, the College’s ability to respond to the complaint or formal complaint may be limited.

  1. Response to a Report

Once the College has received a report of alleged sexual misconduct, the Title IX Coordinator will promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the ability to request supportive measures with or without the filing of an formal complaint or complaint, and explain to the Complainant the process of filing an formal complaint or complaint (a formal complaint for allegations of Title IX Sexual Harassment or a complaint for allegations of all other sexual misconduct and related retaliation).

The Complainant will have an intake meeting with the Title IX Coordinator to discuss these and other topics, such as a Complainant’s rights, sexually transmitted infections, resources for the Complainant, and the College’s processes under this Policy. The Complainant should be as specific as possible during the intake meeting and should clearly describe the alleged incident(s), when and where they occurred, and the desired remedy sought. The Title IX Coordinator, or his or her designee, will provide the Complainant with a general understanding of the College’s Policy, and identify forms of support or immediate assistance available to the Complainant.

The College will provide the Reporting Individual, who may or may not be the Complainant, with a written explanation of his or her rights under various laws, including the Clery Act, and options. The College will provide the Reporting Individual with written notification regarding existing counseling, health, mental health, victim advocacy, legal assistance, student financial aid and other services available for victims both within the College and in the community. If the Reporting Individual is not the Complainant, and the identity of the Complainant is made known to the College, the College will provide such written notification to the Complainant.

Reports shall be investigated in accordance with this Policy. A Reporting Individual has the right to withdraw a report or involvement from the College process at any time. A report alone will not initiate the Grievance Process. A Complainant who wishes to pursue formal action by the College must file an formal complaint or complaint (a formal complaint for allegations of Title IX Sexual Harassment or a complaint for allegations of all other sexual misconduct and related retaliation).

  1. Timeframe for Making a Report

There is no time limit on how long after an incident you can make a report of sexual 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. Therefore, members of the College community are encouraged to make a report as soon as possible after the incident has occurred.

  1. Good Faith Reporting

An individual who, in good faith, makes a reasonable report and/or formal complaint or complaint regarding a suspected violation of this Policy will not be subject to discipline even if the report or formal complaint or complaint is found to be erroneous or the Respondent is ultimately found not responsible for a Policy violation.

  1. Good Faith Reporting

Members of the College community are prohibited from knowingly making a false, malicious, or frivolous report or formal complaint or complaint and knowingly making false statements or submitting false information during the Grievance Process, including during the investigation, adjudication, or appeal. Such conduct will not be tolerated and may be subject to disciplinary actions under Manhattan College’s Community Standards and Student Code of Conduct.

  1. Amnesty for Alcohol and Drug Use

The health and safety of every student at the College is of utmost importance. The 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. The 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 that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to the 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.

The College will provide students with the resources to respond to high-risk drinking and other drug abuse. Although students who report 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, 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. In a crisis, students are encouraged to seek assistance by contacting the Public Safety Department at 718-862-7333 or the College’s Counseling Center at 718-862-7394.

  1. Reports Involving Minors

The College is committed to the prevention of child abuse. Child abuse includes both the physical and sexual abuse of minors under the age of eighteen. All College employees are directed to bring all reasonable suspicions, beliefs, and allegations of child abuse immediately to the attention of the Title IX Coordinator, who will then make the appropriate report to the New York State Child Abuse Hotline (State Central Register). Reports can be made directly to the Child Abuse Hotline at (800) 342-3720. Additional information about reporting is available at http://ocfs.ny.gov/main/cps/.

IX. SUPPORTIVE MEASURES

Supportive measures are non-disciplinary, non-punitive individualized services offered, free of charge, by the College to the Complainant or the Respondent as appropriate and reasonably available. Participating in the Grievance Process, including an investigation, and/or reporting the incident to College Security or local law enforcement is not required to obtain supportive measures. Supportive measures may be offered before or after the filing of a formal complaint or complaint or when a report is made but no formal complaint or complaint is ever filed. They are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other Party and include measures designed to protect the safety of all Parties or the College’s educational environment or deter sexual misconduct.

Supportive measures are available regardless of whether a Complainant pursues a formal complaint or complaint under this Policy. When the College receives a report of alleged sexual misconduct, the Title IX Coordinator will promptly contact the Complainant to discuss and offer supportive measures. The Complainant will be informed of their right to request supportive measures with or without the filing of a formal complaint or complaint. The Title IX Coordinator will consider the Complainant’s wishes when determining which supportive measures to implement. Any supportive measures that are punitive or which restrict the rights of the Respondent require a finding of responsibility via the Grievance Process prior to their implementation.

Supportive measures will also be available to Respondents. The Title IX Coordinator will reach out to Respondents to offer supportive measures once a formal complaint or complaint has been filed and a Notice of Allegations has been sent.

Supportive measures range from services such as counseling or medical services to withdrawals or leaves of absence. Supportive measures may include but are not limited to:

  • Modifications in class schedule, housing arrangements, and/or work arrangements
    • This may include remote or hybrid class work
  • Extensions of deadlines or other course-related adjustments
  • Campus escort services
  • Mutual No-Contact Orders
  • Academic, counseling, or medical services
  • Allowing the parties to retake or withdraw from a course without penalty
  • Providing leaves of absence
  • Changing academic, living, transportation, and working situations

The College will provide information about provided supportive measures only to those having a need to know such information to implement the supportive measures; otherwise, any supportive measures provided to the Complainant or Respondent are confidential. Faculty generally must permit the supportive measures approved by the Title IX Coordinator absent or showing of infeasibility.

The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. The Respondent and/or the Complainant will, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any supportive measure that affects them, including potential modification. The Respondent and/or Complainant will be allowed to submit evidence in support of his or her request. Upon receipt of such a request, Title IX Coordinator will inform the other Party of the request and allow the other Party to respond in writing and to submit evidence relevant to the request if desired. Violation(s) of the Title IX Coordinator’s directives and/or protective actions will constitute related offenses that may lead to additional disciplinary action.

X. NO CONTACT ORDERS

The College may impose a No Contact Order, which typically will include a directive that the Parties refrain from having contact with one another, directly or through proxies, whether in person or via electronic means, pending the investigation and, if applicable, the hearing. All no-contact orders will be mutual – i.e., neither Party involved will be permitted to contact the other Party - unless the College determines, in its discretion and after a fact-specific analysis, that a non-mutual order is appropriate. The Title IX Coordinator will issue any no-contact order in writing, specifying the terms of the no-contact order, including the Parties’ responsibilities.

The Parties may request a prompt review, reasonable under the circumstances, of the need for and terms of the No Contact Order, including potential modification, and may submit evidence in support of the request. This request should be made in writing to the Title IX Coordinator. Upon receipt of such a request, Title IX Coordinator will inform the other Party of the request and allow the other Party to respond in writing and to submit evidence relevant to the request if desired. The College will conduct a prompt review, reasonable under the circumstances, in response to such request.

An individual who wishes to report a violation of a No-Contact Order can contact the Title IX Coordinator. Individuals who violate a no-contact order issued pursuant to this Policy may be subject to discipline. Sanctions may include, but are not limited to, expulsion or termination from the College.

XI. EMERGENCY REMOVAL

In the event the Respondent is determined to present a continuing threat to the health and safety of the community, the Respondent may be subject to emergency removal. A Respondent may be removed from the College’s education program or activity on an emergency basis, if, after an individualized safety and risk analysis, the Title IX Coordinator, in consultation with other College officials, including members of Public Safety, as necessary, determines that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual misconduct that justifies removal.

The Respondent will be provided with notice and an opportunity to challenge the decision immediately following the removal. The Parties will be afforded a prompt review, reasonable under the circumstances, of the need for and terms of the emergency removal, including potential modification, and shall be allowed to submit evidence in support of such request. A student respondent who wishes to challenge the emergency removal decision may do so by submitting a written request via email to the Vice President of Student Life, Ronald Gray, at rgray01@manhattan.edu, who will then conduct a review of the emergency removal decision and issue a decision on the challenge.  An employee respondent who wishes to challenge the removal decision may do so by submitting a written request via email to the Assistant Vice President & Affirmative Action Officer, Vicki Cowan, at vicki.cowan@manhattan.edu, who will then conduct a review of the emergency removal decision and issue a decision on the challenge. Those reviewing the challenges may consult with other College officials, including members of Public Safety, as necessary when making their decision.

The College may also place a non-student employee Respondent on administrative leave at its discretion and/or in accordance with federal and state laws. Removal of employees will be in accordance with applicable collective bargaining agreements and employee handbooks.

Individuals who fail to comply with an emergency removal order or any other interim measures may be subject to discipline. Sanctions may include, but are not limited to, expulsion or termination from the College.

XII. FILING A FORMAL COMPLAINT OR COMPLAINT

To initiate the Grievance Process (which includes both the Informal Resolution Process and the Formal Resolution Process), a formal complaint or complaint must be filed. A formal complaint or complaint means either a formal complaint of Title IX Sexual Harassment or a complaint of any other sexual misconduct or related retaliation. The filing procedure for a formal complaint and a complaint is the same; the only difference is the name of the formal document that is filed to initiate proceedings. The Title IX Coordinator can aid the Complainant in filing the document.

A complaint or formal complaint may be filed with the Title IX Coordinator at any time (even during non-business hours) in person, by mail, or by electronic mail, by using the contact information in Section II. Once a complaint or formal complaint is received by the College, it will be reviewed by the Title IX Coordinator. If a complaint or formal complaint is submitted that does not contain the requisite information and/or signature, the Title IX Coordinator will reach out to the Complainant to explain the deficiencies and instruct the Complainant regarding the process and information needed to properly file a complaint or formal complaint.

  1. Requests for Confidentiality

If a Reporting Individual, who may or may not be the Complainant, discloses an incident to a non-confidential College employee, 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 members of its community.

In certain circumstances, the College may not approve a request to not investigate. A request to not proceed with the Grievance Process will be honored unless the Title IX Coordinator determines in good faith that: (1) failure to investigate the allegations would not adequately mitigate a potential risk of harm to the reporting individual or the community; or (2) for Title IX Sexual Harassment only, not filing a formal complaint would be clearly unreasonable in light of the known circumstances.

When determining whether a request for confidentiality can be honored, the Title IX Coordinator will consider a range of factors, including, but not limited to, the following:

  • Whether there have been other sexual misconduct complaints about the same Respondent;
  • Whether there is an increased risk that the Respondent will commit additional acts of violence;
  • Whether the Respondent has a history of conviction from a prior school indicating a history of violence;
  • Whether the College has other means to obtain relevant evidence (e.g., security cameras or personal, physical evidence).
  • Whether the incident represents an escalation in unlawful conduct on behalf of the Respondent from previously noted behavior;
  • Whether the sexual misconduct was committed by multiple Respondents;
  • Whether the Complainant’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group;
  • Whether the alleged sexual misconduct was perpetrated with a weapon or force; and
  • The age of the Complainant.

If, after considering these factors, the College determines that an investigation is required, the Title IX Coordinator will sign a complaint or formal complaint, as appropriate, and the College will inform the Complainant and/or Reporting Individual and take immediate action necessary to protect and assist the Complainant and/or Reporting Individual. The College will take all reasonable steps to investigate and respond to the complaint while maintaining the Complainant’s privacy to the greatest extent possible.

A Complainant is entitled to supportive measures regardless of whether the Grievance Process, including an investigation, is pursued; however, no disciplinary sanctions or other actions that are not supportive measures may be imposed on a Respondent prior to a finding of responsibility.

A Complainant who initially declined to pursue the Grievance Process may later initiate the Grievance Process by filing a complaint or formal complaint. Likewise, a Complainant who began the Grievance Process is under no obligation to continue with that process and may withdraw the complaint or formal complaint at any time.

  1. Filing a Formal Complaint for Allegations of Title IX Sexual Harassment

"Title IX Sexual Harassment" means conduct on the basis of sex, occurring in an education program or activity of the College against a person in the United States, that satisfies one or more of the following:

  1. 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. 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” as defined in 20 U.S.C § 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. § 12291(a)(10), “domestic violence” as defined in 34 U.S.C. § 12291(a)(8), or “stalking” as defined in 34 U.S.C. § 12291(a)(30).

To initiate the Grievance Process for allegations of Title IX Sexual Harassment, a formal complaint must be filed. 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 College.

A formal complaint is a document filed by a Complainant (meaning a document or electronic submission (such as e-mail or through Maxient, the College’s online portal) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint) or signed by the Title IX Coordinator alleging Title IX Sexual Harassment against a Respondent and requesting that the College investigate the allegation(s) of Title IX Sexual Harassment. A formal complaint may be filed with the Title IX Coordinator in person, by mail, by electronic mail, or digitally through Maxient, the College’s online portal. If the Title IX Coordinator signs a formal complaint, the Title IX Coordinator does not become a Complainant or a Party.

The College’s digital formal complaint form is located at TITLE IX COMPLAINT FORM.

 

  1. Filing a Complaint for Allegations of All Other Sexual Misconduct and Related Retaliation

To initiate the Grievance Process for allegations of sexual misconduct other than Title IX Sexual Harassment or for allegations of related retaliation, a complaint must be filed.

A complaint is a document filed by a Complainant (meaning a document or electronic submission (such as e-mail or through Maxient, the College’s online portal) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint) or signed by the Title IX Coordinator alleging sexual misconduct (other than Title IX Sexual Harassment) and/or related retaliation against a Respondent and requesting that the College investigate the allegation(s). A complaint may be filed with the Title IX Coordinator in person, by mail, by electronic mail, or digitally through Maxient, the College’s online portal. If the Title IX Coordinator signs a complaint, the Title IX Coordinator does not become a Complainant or a Party.

The College’s digital complaint form is located at TITLE IX COMPLAINT FORM.

 

  1. Consolidation of Complaints

If two or more complaints or formal complaints are reported pertaining to the same or related sets of facts and circumstances, the Title IX Coordinator may determine that the cases should be consolidated and investigated and adjudicated by the same Investigator(s), Hearing Panel, and Appeal Panel, subject to the limits of applicable law including but not limited to FERPA. The College may do this as to allegations of sexual misconduct, including Title IX Sexual Harassment, or related retaliation for claims against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, where the allegations of sexual misconduct or related retaliation arise out of the same facts or circumstances.

XIII.GRIEVANCE PROCESS: GENERAL INFORMATION

The Grievance Process applies to all formal complaints and complaints. In other words, the same processes are used to resolve formal complaints of Title IX Sexual Harassment and complaints of all other sexual misconduct and related retaliation. During the Grievance Process, students have the rights outlined in the Students’ Bill of Rights, located in Appendix B. The Grievance Process allows for the prompt and equitable resolution of formal complaints and complaints.

Under Title IX, the College’s response to reports or formal complaints of Title IX Sexual Harassment must treat Complainants and Respondents equitably by offering supportive measures to a Complainant, and by following a grievance process that complies with Title IX before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a Respondent. The College extends this to all formal complaints and complaints and allegations of sexual misconduct and related retaliation.

  1. Presumption and Expectations

There is a presumption that the Respondent is not responsible for the alleged conduct unless a determination regarding responsibility is made at the conclusion of the Grievance Process.

Parties whose participation is invited or expected at a hearing, investigative interview, or other meeting will be provided written notice of the date, time, location, participants, and purpose of said event prior to the event. The College encourages all members of the College community to cooperate with the College during the various processes outlined in the Policy, however individuals will not be penalized by the College for declining to participate in the processes.

The College does, however, expect all members of the College community to respond in a timely manner to requests from the Title IX Coordinator or Investigator, even if that response is to inform them that you are declining to participate in the process. Further, individuals are expected to provide information in good faith; knowingly providing false information or making false allegations is strictly prohibited and is subject to discipline.

  1. Standard of Evidence

The standard for decisions under this Policy is a preponderance of the evidence, meaning that it is reasonable to conclude, based on the evidence presented, that it is more likely than not that a violation of this Policy occurred. The burden of proof as well as the burden to gather evidence sufficient to reach a determination regarding responsibility rests on the College and not the Parties.

  1. Timeframe

Unless there is good cause for temporary delay(s) or limited extension(s), the College will promptly conclude aspects of the Grievance Process within the following timeframes:

  • The Formal Resolution Process, including the investigation, hearing, and finding of responsibility but excluding time spent on informal processes or appeal, will be concluded within 90 business days of the complaint or formal complaint being filed.
  • Appeals will be concluded within 30 business days of the filing of an appeal.
  • Informal resolutions will be concluded within 30 business days of receiving both Parties’ voluntary, written consent to the informal resolution process.

Good cause may include, but is not limited to, absence or unavailability of a Party, advisor, or witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. In the case of a temporary delay of the Grievance Process or a limited extension of time frames for good cause, the College will provide the Complainant and Respondent with written notice of such delay or extension and the reasons for the action.

Please note that, while the College must attempt to accommodate the schedules of Parties and witnesses throughout the Grievance Process in order to provide Parties with a meaningful opportunity to exercise the rights granted to them under Title IX, the College is also obligated to meet its designated timeframes and may proceed with and conclude the Grievance Process even in the absence of a Party or witness. 

  1. Advisors

Throughout the process, each Party has the right to have an advisor of their choosing who can be, but is not required to be, an attorney. If a Party retains an attorney at their own expense as their advisor, the attorney is still limited to the role of advisor under this Policy, namely supporting their Party and asking questions during a hearing. One party having an attorney as an advisor does not require the other party to also retain an attorney as an advisor, although they are free to do so if they wish. While Parties are not restricted from discussing the allegations and may consult with multiple individuals, only one (1) individual may be designated an advisor for the purpose of this Policy.

The advisor can attend pre-meetings and meetings where the parties would like them present, but they are limited in what they can say throughout the meetings. The choice of whether to invite an advisor is solely that of the Complainant and Respondent, though both Parties may be accompanied by their respective advisors at any meeting or proceeding related to the investigation and resolution of a formal complaint or complaint under this Policy. Advisors may consult with the party, as reasonable and in private, during the meeting or proceeding. Advisors cannot actively participate or speak on behalf of the Complainant or Respondent, with the exception of in a hearing, as discussed in further detail in Section XIV below. If any advisor’s conduct is not consistent with these guidelines, he or she may be excluded from the Grievance Process.

Advisors are permitted to cross-examine the other Parties and witnesses during the live hearing; Parties are not permitted to personally conduct cross-examinations. If a Party does not have an advisor for a hearing, the College will appoint one (who can be, but is not required to be, an attorney) free of charge to conduct cross-examinations on behalf of that Party.

If a Party selects an advisor, the Party should inform the Title IX Coordinator as soon as possible of (1) the full name and title of the advisor of choice; and (2) contact information for the advisor of choice (phone, email, and address).

  1. Conflicts of Interest

The Title IX Coordinator, Investigators, Hearing Panel members, and Appeal Panel members, as well as any person who facilitates the Informal Resolution Process, are trained to serve impartially and must be free from conflicts of interest and bias against Complainants or Respondents generally or an individual Complainant or Respondent. These individuals also receive training in accordance with federal, state, and local law, including topics set forth in the Clery Act, Article 129-B (N.Y. Educ. Law § 6444(5)(c)(ii)) and Title IX (34 C.F.R. § 106.45 (b)(1)(iii)).

  1. Disclosure of Information and Outcomes

The College considers matters of sexual misconduct to be sensitive and private. Unless required by the law, the College does not publicly release underlying information regarding investigations or resolutions. The College also restricts access to information about investigations and resolutions, except as required or permitted by law.

During an investigation, participants will be requested to maintain confidentiality to the extent possible to protect the integrity of the investigation and generally refrain from discussing the matter during the pending investigation. However, Parties are not restricted from discussing the allegations under investigation or gathering and presenting relevant evidence. After the parties are provided with the determination of responsibility, Parties may choose to disclose or discuss the outcome of the Formal Resolution Process. The College does not provide witnesses with the determination of responsibility. 

XIV. GRIEVANCE PROCESS PROCEDURES

The Grievance Process applies to all formal complaints and complaints. In other words, the same processes are used to resolve formal complaints of Title IX Sexual Harassment and complaints of all other sexual misconduct and related retaliation. The Grievance Process will provide a prompt, fair, and impartial investigation and resolution. The College will promptly and equitably respond to all allegations involving sexual misconduct or related retaliation.

  1. Notice of Allegations

Once the College receives a formal complaint or complaint, written notice of the following information will be sent to Parties who are known:

  • A copy of this Policy, including the Grievance Process.
  • The specific provision(s) of this Policy or laws alleged to have been violated.
  • The allegations of conduct potentially constituting sexual misconduct, including Title IX sexual harassment, containing sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the Parties involved in the incident, if known, the conduct allegedly constituting the sexual misconduct, and the date, time, and location of the alleged incident, if known.
  • The sanction or sanctions that may be imposed on the Respondent.
  • The Respondent is presumed not responsible for the alleged conduct and a determination regarding responsibility is made at the conclusion of the grievance process.
  • The Parties may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence.
  • Any provision in the College’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the Grievance Process.
  • The College’s prohibition against retaliation.

If, during the investigation, the College decides to investigate allegations about the Complainant or Respondent that are not included in the original notice described above, the College will provide notice of the additional allegations to the Parties whose identities are known.

  1. Review of Formal Complaint or Complaint

Once a Notice of Allegations has been sent to the known Parties, the Title IX Coordinator will review the formal complaint or complaint to determine if the Grievance Process will proceed further. Formal complaints or complaints must or may be dismissed in certain circumstances, outlined further below.

  1. Dismissal of a Formal Complaint

There are certain circumstances where a formal complaint must or may be dismissed from the Grievance Process. Dismissal of a formal complaint from the Grievance Process does not preclude action under this Policy via a complaint or action under another College policy.

A dismissal of a formal complaint, or certain allegations therein, from the Grievance Process is mandatory when:

  • The conduct alleged in the formal complaint would not constitute Title IX sexual harassment, even if proved;
  • The conduct alleged in the formal complaint did not occur in the College’s education program or activity;
  • The conduct alleged in the formal complaint did not occur against a person in the United States; or
  • The Complainant is not participating in or attempting to participate in the College’s education program or activity at the time of filing a formal complaint.

The College is permitted, but not required, to dismiss a formal complaint, or any allegations therein, from the Grievance Process if at any time during the investigation or hearing:

  • A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein;
  • The Respondent is no longer enrolled at 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.

If a formal complaint and/or any allegations therein are dismissed, the Title IX Coordinator will promptly and simultaneously send written notice of the dismissal and the reason(s) therefore to the Parties. A dismissal may be appealed using the procedure discussed in Section E. The Parties are still entitled to supportive measures, even if the formal complaint is dismissed.

  1. Dismissal of a Complaint

There are certain circumstances where a complaint must or may be dismissed from the Grievance Process. Dismissal of a complaint from the Grievance Process does not preclude action under this Policy via a formal complaint or action under another College policy.

A dismissal of a complaint, or certain allegations therein, from the Grievance Process is mandatory when:

  • The conduct alleged in the complaint must be addressed via a formal complaint;
  • The conduct alleged in the complaint would not constitute sexual misconduct or related retaliation, even if proved;
  • The conduct alleged in the complaint falls outside of the scope of this Policy.

The College is permitted, but not required, to dismiss a complaint, or any allegations therein, from the Grievance Process if at any time during the investigation or hearing:

  • A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the complaint or any allegations therein;
  • The Respondent is no longer enrolled at or employed by the College; or
  • Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the complaint or allegations therein.

If a complaint and/or any allegations therein are dismissed, the Title IX Coordinator will promptly and simultaneously send written notice of the dismissal and the reason(s) therefore to the Parties. A dismissal may be appealed using the procedure discussed in Section E. The Parties are still entitled to supportive measures, even if the complaint is dismissed.

  1. Informal Resolution Process

Parties who do not wish to proceed through the Formal Resolution Process may choose to resolve a formal complaint or complaint through the Informal Resolution Process. Generally, the Informal Resolution Process is less time intensive than an investigation and hearing process while still allowing an opportunity for members to address their concerns and actively participate in the resolution of their complaint.

A formal complaint or complaint must be filed before an Informal Resolution Process can begin. The Informal Resolution Process is not available for formal complaints alleging Title IX Sexual Harassment where the Respondent is an employee and the Complainant is a student. All other formal complaints and complaints are eligible for Informal Resolution if the Parties voluntarily consent to the Informal Resolution Process. The College does not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of complaints of sexual misconduct or formal complaints of Title IX sexual harassment. The College does not require either party to undergo an informal resolution.

The informal resolution will be conducted by a member of the College’s Title IX Team, who is well-trained on such processes. The facilitator will not have a conflict of interest or bias.  An informal resolution may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation, shuttle diplomacy, or restorative justice. The informal process does not necessarily require the parties to meet or directly interact with each other. The Complainant and the Respondent each may be accompanied by an advisor during the Informal Resolution Process. Advisors are subject to the restrictions set forth in Section XIII(D).

The Title IX Coordinator will be responsible for determining whether the Informal Resolution Process is appropriate by assessing the totality of the circumstances including, but not limited to, the severity of the alleged sexual misconduct, the Parties’ wishes, and the potential risks to the campus community. If a formal complaint or complaint is eligible for the Informal Resolution Process, the process may begin at any time prior to a determination regarding responsibility being reached. Prior to beginning the process, the College must:

  • Provide to the Parties a written notice disclosing:
    1. the allegations;
    2. the requirements of the informal resolution process including the circumstances under which it precludes the Parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint or complaint; and
    3. any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and
  • Obtain the Parties’ voluntary, written consent to the Informal Resolution Process.

Any Party may, at any point, choose to withdraw from the Informal Resolution Process and resume the Formal Resolution Process. The Process for doing so is outlined further below.

Procedure

If any Party is interested in utilizing the Informal Resolution Process, that Party must notify the Title IX Coordinator in writing. Once the Title IX Coordinator receives notice that a Party is interested in the Informal Resolution Process, the Title IX Coordinator will reach out to the other Parties to see if they are interested in utilizing the Informal Resolution Process.

If all Parties indicate that they are interested in utilizing the Informal Resolution Process, the Title IX Coordinator will send all Parties written notice stating:

  • the allegations;
  • the requirements of the Informal Resolution Process, including the circumstances under which it precludes the Parties from resuming a formal complaint or complaint arising from the same allegations;
  • that all Parties have the right to withdraw from an Informal Resolution Process at any time prior to agreeing to the resolution and resume the Formal Resolution Process for the formal complaint or complaint;
  • any consequences resulting from participating in the Informal Resolution Process, including the records that will be maintained or could be shared; and
  • that any Party may schedule a meeting with the Title IX Coordinator to discuss the informal resolution process prior to deciding whether they want to participate.

The Title IX Coordinator will ask each Party to review the written notice and then, if the Party is still interested in utilizing the Informal Resolution Process, provide their voluntary, written consent to the Informal Resolution Process. If any Party is no longer interested in utilizing the Informal Resolution Process, the Informal Resolution Process may not be used at that time; the Title IX Coordinator will inform all Parties that, because all Parties do not consent to using the Informal Resolution Process, the Formal Resolution Process will continue.

If all Parties provide voluntary, written consent to participate in the Informal Resolution Process, the Title IX Coordinator will notify the Parties in writing that the Informal Resolution Process will be utilized and provide the contact information for the facilitator. The Parties will have 30 business days from the date of the Title IX Coordinator receives both Parties’ voluntary, written consent to the Informal Resolution Process to reach an Informal Resolution Agreement. However, Parties and/or the facilitator may request an extension of time for good cause. The Title IX Coordinator will determine whether an extension for good cause will be granted.

If at any time any Party wishes to end the Informal Resolution Process, a written notice must be submitted to the Title IX Coordinator. If an agreement was not initially reached and the Parties later wish to attempt an Informal Resolution Process again, the Title IX Coordinator will have sole discretion to decide whether to reopen the Informal Resolution Process. Additionally, at any time during the Informal Resolution Process, the Title IX Coordinator may determine the Informal Resolution Process is no longer appropriate and may require the matter to be resolved through the Formal Resolution Process.

Informal Resolution Agreements

If the parties can reach a mutually satisfactory resolution, the matter will be considered final without involving a full formal investigation and hearing determination. Any resolution reached through the Informal Resolution Process must be approved by the Title IX Coordinator. If the resolution is accepted by the parties and the University, an Informal Resolution Agreement will be signed by the Parties and the Title IX Coordinator. At that point, the agreed upon sanctions will be promptly implemented. The sanctions that are agreed to are the same as those outlined in Section XV. If the resolution is rejected by the Title IX Coordinator, no Informal Resolution Agreement will be signed. Parties may then attempt to reach another resolution that is acceptable to the Title IX Coordinator or can resume the Formal Resolution Process.

The Respondent may, but is not required to, admit to violating the Policy in an Informal Resolution Agreement. If the Respondent admits to violating the Policy, that admission will serve as a finding of responsibility and, in addition to any agreed upon sanctions, transcript notations may be required. More information on required transcript notations is in Section XV(i) below. Once the Informal Resolution Agreement is signed, the case will be considered closed. There is no appeal from a signed Informal Resolution Agreement.

If no Informal Resolution Agreement is signed, the Formal Resolution Process will resume. Any statements or disclosures made during the Informal Resolution Process will not be considered in the Formal Resolution Process.

  1. Formal Resolution Process
  1. Investigation

The College must investigate the allegations in a formal complaint or complaint. The investigation will be conducted in an impartial, prompt, thorough, fair, timely, and respectful manner. Notice of the commencement of an investigation will be provided in accordance with Section XIV(A) of this Policy. Throughout the investigation, the Respondent is presumed “Not Responsible” for violating the Policy.

After the Notice of Allegations has been sent, the Title IX Coordinator will assign an appropriately trained investigator(s) to conduct the investigation (the “Investigator”). Where circumstances warrant, the Title IX Coordinator may determine that an individual external to the College will be assigned as the Investigator(s). The Title IX Coordinator may also serve as the Investigator. A Party wishing to challenge the selection of the Investigator must notify the Title IX Coordinator, in writing, within 2 business days of receipt of the name and contact information of the Investigator, stating the specific reason(s) for the Party’s objection. The Title IX Coordinator will determine whether the challenge has merit, and reserves discretion to make changes to the individual(s) assigned as the Investigator(s). If the Title IX Coordinator is the Investigator, objections should be submitted to, and will be determined by, Mr. Goldie Adele, Chief Compliance Officer at gadele01@manhattan.edu or 718-862-7741. No Investigator will have a conflict of interest or bias.

The Investigator(s) will meet with the Complainant and the Respondent to gather as much information as possible. The Investigator(s) will also meet with any witnesses or individuals who the Investigator(s) determine may have relevant information about the conduct at issue. The College will notify the parties in writing prior to any meeting they are required or eligible to attend. The role of the Investigator(s) is to interview all Parties and witnesses, collect any evidence, and create an Investigative Report to submit to the Title IX Coordinator. The Investigator(s) will not offer any recommendations on responsibility or sanctions, simply serve as a fact finder.

During the investigation, the College has the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility. The College cannot access, consider, disclose, or otherwise use in the Grievance Process a Party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the College obtains voluntary, written consent from that Party (or, if the Party is not an eligible student, that Party’s parent) to do so. Questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege are not permitted in the grievance process unless the person holding such privilege has waived that privilege. Both Parties may also exclude any prior sexual history with persons other than the parties involved in the current conduct process.

Neither Party is restricted from discussing the allegations or gathering and presenting evidence. While the burden of gathering evidence related to the allegation lies with the College, it is important for Parties to preserve all evidence associated with the conduct or that might help others understand what happened. Such evidence can include text messages, Facebook or Instagram posts, photos, voicemails, emails, or items of clothing. If relevant evidence is destroyed by a Party, the Hearing Panel can take that into account in assessing the credibility of the Parties and the weight of evidence in the case.

Both Parties have the right to provide evidence to the Investigator, present information in the context of the investigation, recommend fact and expert witnesses, and present other inculpatory or exculpatory evidence. Both Parties will have an equal opportunity to inspect and review any evidence as part of the investigation that is directly related to the allegations in a formal complaint or complaint, including the evidence upon which the College does not intend to rely on reaching a determination regarding responsibility, and inculpatory or exculpatory evidence whether obtained from a Party or other source. Both Parties have the right to review and present available evidence in the case file, or otherwise in the possession or control of the institution, and relevant to the case.

Both the Respondent and the Complainant will be updated throughout the investigation process.

At the close of an investigation, the Investigator(s) will prepare a case file, which will include all collected evidence that is directly related to the allegations raised in the formal complaint or complaint, including the evidence upon which the College does not intend to rely in reaching a determination of responsibility and any inculpatory or exculpatory evidence, whether obtained from a Party or other source as part of the investigation. The Investigator(s) will also prepare a draft investigation report that fairly summarizes relevant evidence. Prior to finalizing the investigative report, each Party and their advisor, if any, will be sent the evidence subject to inspection and review in an electronic format or a hard copy, and will have 10 business days to submit a written response.[3] The Investigator will consider these responses prior to finalizing the investigative report.

Once the investigative report is finalized, an electronic or hard copy of the final investigative report will be sent to each Party and their advisor, if any, at least 10 business days prior to the hearing for their review and written response. Parties must submit their written responses at least 5 days before the hearing. The Parties and their advisors, if any, will be provided with the other Party’s written response to the final investigative report, if any, in electronic format or hard copy prior to the hearing.

If the matter proceeds to a live hearing as described below, the Title IX Coordinator will forward the case file, the final investigation report, and the Parties’ responses to the investigative report to the Hearing Panel for their review prior to the hearing.

  1. Hearing Process

A live hearing is required. The Title IX Coordinator will appoint a Hearing Panel comprised of three (3) members to preside over the hearing. The Hearing Panel will be chosen from a pool of designated and trained faculty and staff at the College and is charged with fairly, promptly, and impartially determining, based upon a preponderance of evidence, whether it is more likely than not that the Policy has been violated. Where circumstances warrant, the Title IX Coordinator may determine that an individual external to the College will be assigned to the Hearing Panel. The Hearing Panel members will not have a conflict of interest or bias. Neither the Title IX Coordinator nor the Investigator are permitted to serve as members of the Hearing Panel.

The Title IX Coordinator will provide written notice at least five (5) business days before the hearing date to the Parties. The written notice will include, at a minimum:

  • The date, time, and place of the hearing;
  • The participants in the hearing (including but not limited to the Parties, witnesses, etc.);
  • The purpose of the hearing; and
  • The name and contact information of the Hearing Officer.

The Respondent and the Complainant have the right to challenge the choice of members on the Hearing Panel. A Party wishing to challenge the participation of a member of the Hearing Panel must notify the Title IX Coordinator, in writing, within three (3) business days of receipt of the notice of hearing, stating the specific reason(s) for the Party’s objection. The Title IX Coordinator will determine whether the challenge has merit, and reserves discretion to make changes to the assigned Hearing Panel members at any time.

The hearing will take place on the date and time specified in the notice of hearing. If circumstances arise that require a change in the hearing date or time, the Title IX Coordinator will provide both Parties with written notice explaining the reason for such change.

If Parties would like to have witnesses who are not listed on the hearing notice as participants appear at the hearing on their behalf, the names of the additional witnesses must be submitted to the Title IX Coordinator within 3 days of receiving the hearing notice described above. The Hearing Panel will ultimately determine which witnesses will be called at the hearing. If necessary, a revised hearing notice will be issued.

The live hearing may be in person, virtual, or a combination of both, as long as participants can simultaneously see and hear each other. At either Party’s request, the College will allow the Parties to be in separate rooms during the hearing with technology that enables the Hearing Panel and Parties to simultaneously see and hear the Party or the witness answering questions and each other. The hearing will be audio and/or video recorded.

To comply with the Family Educational Rights and Privacy Act (“FERPA”), and to provide an orderly process for the presentation and consideration of relevant information without undue intimidation or pressure, the hearing process is not open to the public. Participants in the live hearing are inclusive of:

  • The parties (Complainants and Respondents)
  • The Parties’ advisors
  • Witnesses (if any)
  • The Hearing Panel
  • The Title IX Coordinator

The College will not disclose documents prepared in anticipation of the hearing, documents, testimony, or other information introduced at the hearing, and any transcript of the hearing itself may not be disclosed outside of the hearing proceedings, except as may be required or authorized by law and/or College policy.

Individuals attending the hearing are subject to the College’s Rules of Decorum. The Hearing Panel is responsible for maintaining an orderly, fair, and respectful hearing and will have broad authority to respond to disruptive or harassing behaviors, including adjourning the hearing or excluding the offending individual, regardless of whether that individual is a Party, witness, or advisor.

Should a Party fail to attend the hearing, the hearing may continue in their absence, provided the absent Party was duly notified of the scheduled hearing date. During any hearing, the College will make all evidence subject to the Parties’ inspection and review available to give each party an equal opportunity to refer to the evidence during the hearing.

The Order of the Hearing

Both parties will be given the opportunity to make a brief opening statement (approximately 5 mins). If both parties wish to make an opening statement, the Complainant will go first.

The witnesses, including the Parties, will then be questioned. The order of the witnesses is left to the discretion of the Hearing Panel. Parties will first be asked questions by the Hearing Panel, then by their own advisor. Parties will then be subject to cross-examination by the other Party’s advisor. Any additional witnesses will also first be questioned by the Hearing Panel. Witnesses will then be questioned by the advisor of the Party that requested their presence at the hearing, followed by the other Party’s advisor. If the witness was requested by the Hearing Panel, the Hearing Panel will determine which Party’s advisor will question the witness first.

Once all witnesses have been questioned, both Parties will be given the opportunity to make a brief final statement (approximately 5 minutes). If both parties wish to make a final statement, the Complainant will go first.

Any relevant evidence may be considered by the Hearing Panel in making their decision regarding a finding of responsibility. While Parties are expected to be present for the entirety of the hearing prior to deliberations, witnesses are permitted to attend only as is necessary to answer questions, including on cross-examination, and are not permitted to attend the hearing otherwise.

Cross Examination and Questioning of Witnesses

During the hearing, Parties must speak on their own behalf to give testimony; however, an advisor must conduct cross-examinations. Each Party’s advisor is permitted to ask the other Party or Parties and any witnesses all relevant questions and follow up questions, including those challenging credibility, as part of cross-examination. Cross-examination must be conducted directly, orally, and in real time by the advisor; Parties are not permitted to personally conduct cross-examination. Thus, both the Complainant and Respondent must be accompanied by an advisor for at least this portion of the live hearing, though advisors are permitted to be present for the entire hearing. If a Party does not have an advisor present at the hearing, then an advisor will be appointed by the College, free of charge, for the purposes of conducting cross-examination.

Only relevant cross-examination and other questions may be asked of a Party or witness. Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Hearing Panel, via the Hearing Chair selected by the Hearing Panel, shall determine whether the question is relevant and comports with the rules of decorum, state a finding for the record, and explain any decision to exclude a question. The Hearing Panel may decline to allow any question that is duplicative of information already gathered or asked, irrelevant, or otherwise determined to be unnecessary or inappropriate. Additional information on relevance is included in below. If the Hearing Panel determines that a question is not relevant or does not comport with the rules of decorum, the Hearing Panel may instruct the advisor to rephrase the question. If the advisor is not so instructed, the witness will not answer the question and the advisor must move on to the next question.

The Hearing Panel may still rely upon prior statements made by a Party or witness who is not subject to cross-examination for purposes of determining responsibility. However, the Hearing Panel cannot draw an inference regarding responsibility based solely on a Party’s or witness’s absence from the hearing and/or their refusal to be subject to cross-examination and/or answer any other questions.

Relevant Information and Questions

As noted above, before any question is asked of a witness by an advisor, the Hearing Panel must determine if the question is relevant. Relevant information and questions are those that tend to make an allegation more or less likely to be true.

Both Parties have the right to exclude their own mental health diagnosis and/or treatment from admittance in the hearing. Medical and psychological records are also excluded unless a Party voluntarily waives that privilege and consents to the records being used. Both Parties also have the right to exclude their own prior sexual history with persons other than the other Party in the judicial or conduct process, subject to the exceptions in 34 CFR § 106.45(6)(i), which states that questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant unless such questions and evidence about the Complainant’s prior sexual behavior are (1) offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant or (2) if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

A Party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, cannot be utilized during the hearing unless the College has obtained voluntary, written consent from that Party (or, if the Party is not an eligible student, that Party’s parent) to do so. Questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege are also not permitted in the hearing unless the person holding such privilege has waived that privilege.

Questions asked about or seeking information in violation of the above will be deemed irrelevant. Additionally, questions that are duplicative of information already gathered or asked or are otherwise determined to be unnecessary or inappropriate may be deemed irrelevant.

Rules of Decorum

Questions must be asked and answered in a respectful, civil, and proper manner. The College reserves the right to remove a witness, including a Party, or an advisor from a hearing if they have been warned at least once that they are not following the Rules of Decorum and continue to ignore the Rules of Decorum. The removal of an advisor may require an adjournment to the hearing as advisors are a requirement for cross-examination.

  1. Impact Statements

The Parties will have the opportunity to submit an impact statement for the Hearing Panel’s consideration regarding sanctions. The purpose of the impact statement is to allow the parties an opportunity to describe how the alleged violation and hearing has impacted them. The impact statement may not seek to introduce new evidence. Impact statements will not be given to the other Parties absent an appeal.

The Parties must submit their impact statements within five (5) business days of the conclusion of the hearing to the Title IX Coordinator. The impact statement can only be used by the Hearing Panel to help determine an appropriate sanction(s), if any. The Title IX Coordinator will provide the impact statements to the Hearing Panel only once the Hearing Officer is deliberating on appropriate sanctions. Impact Statements cannot and will not be considered by the Hearing Panel when reaching a determination of responsibility.

  1. Hearing Panel’s Determination

After the hearing, the Hearing Panel will deliberate. The Hearing Panel will evaluate the evidence under a “preponderance of evidence” standard. The Respondent will be found responsible for the alleged sexual misconduct if the Hearing Panel concludes, based upon careful and objective review of all information presented, that such sexual misconduct more than likely occurred. In reaching this decision, all relevant evidence must be objectively evaluated, and credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness. The Hearing Panel cannot defer to any conclusions in the investigative report and must make an independent determination of responsibility.

If the Hearing Panel determines that the Respondent committed a violation of this Policy, they will also determine the appropriate sanctions. The possible sanctions are described in Section XV below. If the Hearing Panel concludes that the Respondent is responsible for a violation of this Policy, then the Hearing Panel shall receive the Respondent’s disciplinary record (i.e., any previous disciplinary action or other violation of College Policy, including this Policy, for which the Respondent was found responsible), and the Party impact statements to consider, as appropriate, in determining sanctions.

The Complainant and the Respondent will simultaneously be notified in writing of the Hearing Panel’s determination and any sanction imposed via a written determination. The written determination must include:

  • Identification of the allegations potentially constituting sexual misconduct;
  • A description of the procedural steps taken from the receipt of the formal complaint or complaint through the determination, including any notifications to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
  • Findings of fact supporting the determination;
  • Conclusions regarding the application of the College’s Policy to the facts (including the decision regarding responsibility);
  • As to each allegation, a statement of, and rationale for, the result, including the 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’s education program or activity will be provided by the College to the Complainant;
  • The College’s procedures for appeal and permissible bases for the Complainant and Respondent to appeal; and
  • When the determination becomes final.

The College will simultaneously notify the Parties of any changes to the results that occurs prior to the time that the determination becomes final. The College must wait to act on the determination regarding responsibility, including implementing sanctions or remedies, until the determination becomes final. The determination becomes final either on the date that the College provides the Parties with the written determination of the result of the appeal, if an appeal is filed, or, if an appeal is not filed, the date on which an appeal would no longer be considered timely.

If the Respondent is an employee, certain College policies or contracts (such as a Collective Bargaining Agreement [CBA] or the policies and procedures in the Faculty Handbook) may require the College take additional steps before certain sanctions (such as termination) can be imposed. If an employee is covered by such a policy or contract, the Grievance Process will still proceed as outlined herein and the Hearing Panel (and Appeal Panel, if applicable) can still impose any sanction permitted by this Policy. Any sanction imposed that does not trigger additional procedures will become effective once the determination becomes final.  The determination becomes final either on the date that the College provides the Parties with the written determination of the result of the appeal, if an appeal is filed, or, if an appeal is not filed, the date on which an appeal would no longer be considered timely. If a sanction is imposed on a covered employee that triggers additional procedures under another College policy or contract, the College will go through those processes before that particular sanction takes effect. However, the College’s disciplinary action under the Policy will be considered complete on the date that the determination becomes final, even if the additional procedures have not yet been completed.

The Title IX Coordinator is responsible for effective implementation of any remedies. Both Parties have the right to choose whether to disclose or discuss the outcome of the Grievance Process.

  1. Appeal

Both the Complainant and the Respondent have the right to appeal the Hearing Panel’s determination of responsibility and/or sanction or the dismissal of an formal complaint or complaint or allegations therein. Appeals will be reviewed by a three-person Appeal Panel appointed by the Title IX Coordinator. The Appeal Panel will be comprised of individuals who are fair, impartial, and will not include individuals with a conflict of interest or bias. An individual who was involved in the investigation, hearing, or Informal Resolution Process, who made the determination of responsibility or determination of dismissal, or who is the Title IX Coordinator cannot be part of the Appeal Panel.

An appeal may be made only on the following bases:

    1. A procedural irregularity affected the outcome of the matter (finding of responsibility or sanction);
    2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter (finding of responsibility or sanction);
    3. The Title IX Coordinator, Investigator(s), or Hearing Panel had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter (finding of responsibility or sanction); or 
    4. The sanction is not proportionate to the findings of fact.

Appeals must be made in writing, include all the grounds of the appeal and the supporting evidence, and be received by the Title IX Coordinator within five (5) business days of receipt of the Hearing Panel’s written determination. Please note that except for appeals brought under (2) above, no new evidence may be relied on for the appeal.

The Title IX Coordinator will determine if the appeal meets the grounds for appeal and is timely. The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final.

If the appeal has standing, the non-appealing Party or Parties will be notified that an appeal has been filed and be provided with a copy of the appeal. All non-appealing Parties will then have the opportunity to submit a statement in response to the appeal, accompanied by supporting evidence, supporting or challenging the outcome. This response statement must be submitted to the Title IX Coordinator within five (5) business days of the Party receiving the copy of the appeal. Once the five (5) business day period expires, the appeal and any response statements will be forwarded to the Appeal Panel.

Except for appeals brought under (2) above, the Appeal Panel’s entire review process will be based on the Party’s appeal, the non-appealing Party’s response to the appeal, if any, and the record of the case. Otherwise, no additional evidence is allowed, and no witnesses may be heard. The Appeal Panel will not meet with either party. The standard used in an appeal is preponderance of the evidence.

The Appeal Panel will issue a decision on the appeal within 30 business days of the appeal being filed. The decision will include the result of the appeal (whether the appeal is granted or denied, in whole or in part), the rationale for the result, and, if the appeal is granted, any changes to the Hearing Panel’s determination and/or the remedies decided on by the Appeal Panel. The Appeal Panel will either affirm the finding of responsibility, modify the finding, or reverse the finding. The Appeal Panel can also modify the sanctions from an appeal. The Complainant and Respondent will be simultaneously notified in writing of this decision. This decision is final.

XV. DISCIPLINARY SANCTIONS AND REMEDIES

If the Hearing Panel finds the Respondent responsible for violating this Policy, the Hearing Panel may impose disciplinary sanctions on the Respondent and/or provide remedies to the Complainant. Alternatively, disciplinary sanctions and remedies may be imposed as a result of an Informal Resolution Agreement. Remedies, sanctions, or other actions that are not supportive measures cannot be imposed on the Respondent prior to a finding of responsibility through either the completion of the Formal Resolution Process or the Informal Resolution Process.

Disciplinary sanctions that may be imposed range from a reprimand or warning through expulsion/termination. Supportive remedies, which can include the supportive measures discussed in Section IX above, range from services such as counseling or medical services to withdrawals or leaves of absence; punitive or corrective remedies range from a reprimand or warning up to and including expulsion/termination.

The Hearing Panel may impose any of the following disciplinary sanctions that are determined to be fair and proportionate to the violation of the Policy:

  • Reprimand or warning;
  • Changes to the Respondent’s class or work schedule;
  • Reassignment of housing, office, and/or transportation;
  • Reassignment of College employment;
  • Disciplinary probation;
  • Revocation of honors or awards;
  • Restriction of Respondent’s access to College facilities or activities;
  • Exclusion from certain College buildings, classes, residence halls, property, and College events;
  • Forfeiture of a benefit, honor, leadership position, or other privilege enjoyed by virtue of the person’s membership as adjunct faculty, staff, or administration;
  • Community service;
  • Issuance of a No-Contact Order to the Respondent or requirement that such an order remain in place;
  • Demotion or forfeiture of promotion or salary increase;
  • Dismissal from, limitation on, or reassignment of College employment;
  • Notification to employers of third-party vendors or contractors of all charges and disciplinary outcomes;
  • Suspension (limited time or indefinite, with or without pay (for employees));
  • Expulsion;
  • Termination;
  • Training;
  • Revocation of degree[4]; and/or
  • Any other actions agreed to by the Parties in an Informal Resolution Agreement
  • Any other actions deemed appropriate.
  1. Transcript Notations

In accordance with New York State Education Law, Article 129-B, Section 6444 (B)(6), students suspended or expelled as a result of being found responsible for committing an act of sexual assault, domestic violence, dating violence, stalking or a “violent crime,” as defined by the Clery Act (20 USC 1092(f)(1)(F)(i)(I)-(VIII)), 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.” If a Respondent withdraws from the College while such conduct 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.”

In the event of a suspension, a student has the right to appeal such transcript notation to request its removal, however 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.

For more information on the transcript notation policy, please contact the Title IX Coordinator.

XVI. RECORD KEEPING

The College will maintain records generated in connection with reports, investigations, Grievance Processes, and appeals in confidential files for at least seven years. Only those with a right and need to know are permitted access. The Parties will have access to a full and fair record of the hearing in which they were involved and have the right to have all information obtained during the course of the Grievance Process be protected from public release until the Appeal Panel makes a final determination unless otherwise required by law. For additional information about maintenance and accessibility to student records, please contact the Title IX Coordinator.

The College will maintain the following materials for seven (7) years:

  • Investigation records, including determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to College’s education program or activity;
  • Any audio or audiovisual recording or transcript of any hearing;
  • Any appeal and the outcome of the appeal;
  • Records of any Informal Resolution Process, including Informal Resolution Agreements; and
  • Materials used to train the Title IX Coordinator, Investigators, Hearing Panel members, Appeal Panel members, and Informal Resolution Process facilitators. These training materials will be publicly available on the College website.

Additionally, the College must create, and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report or formal complaint or complaint. In each instance, the College must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the College’s education program or activity. If the College does not provide a Complainant with supportive measures, then the College must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

XVII. PREVENTION AND EDUCATION FOR THE CAMPUS COMMUNITY

At Manhattan College, we strive to create and maintain an area free from sexual misconduct. The College engages in comprehensive educational programming to prevent sexual misconduct, including training to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking. The College gives primary prevention and awareness programs for all incoming students and employees and continues with ongoing prevention and awareness campaigns throughout the year for all students and employees; the content of these programs complies with the requirements of the Clery Act and Article 129-B. The College also provides mandatory training for leaders and officers of student organizations and student-athletes that complies with Article 129-B.

Additionally, the College provides annual training, and training to new staff as soon as possible after hire, on the protections against gender-based harassment as required by the Stop Sexual Harassment Act in NYC (NYC Local Law 96 (2018)). The College also provides information on sexual misconduct prevention with parents of enrolling students.

The College uses a variety of training mechanisms to ensure the campus community has various interactions with prevention and awareness. This includes an online learning component, in person workshops, and collaborations for events with internal and external partners. This programming material provides the campus community with information about the Title IX policy and procedures, options for reporting, and information on bystander intervention. The College hosts public awareness events, such as “Take Back the Night,” where students do not have to report, but have an opportunity to continue education and prevention measures. The College’s Title IX Coordinator may be contacted for additional information regarding the policies, procedures, and education and prevention efforts.

XVIII. INTERACTION WITH OTHER POLICIES

Incidents that involve conduct that violates multiple College policies will be addressed on a case-by-case basis. The College reserves the right to determine the most applicable policy or process and to utilize that policy or process; allegations of Title IX Sexual Harassment, however, must be resolved under this Policy. If an individual is charged with policy violations under both the Sexual Misconduct Policy and another policy, the alleged violations may be handled through one hearing process, engaging both the Title IX Coordinator and the other presiding College Official or designee. In circumstances where there is a conflict between the procedures and/or processes set forth in the Student Handbook, Employee Handbook, or Faculty Handbook and this Policy, the procedures or process in this Policy govern. Alternatively, a situation that invokes more than one College policy may have allegations divided on the basis of which policy was allegedly violated, with each grouping addressed separately using the grievance process in the pertaining policy.

XIV. AMENDMENTS AND DESIGNATION

The most current revision of this Policy supersedes all previously issued revisions and inconsistent verbal or written policy statements. The College reserves the right at any time to change, delete, or add to any of the provisions of this Policy. The College may, at its discretion, designate a trained and experienced individual(s) to act in the place of the Title IX Coordinator, Investigator(s), Hearing Panel members, Appeals Panel members, and/or Informal Resolution Process facilitator(s) in this Policy. If there is such a designation, the Parties involved will be promptly informed.

APPENDIX A: GLOSSARY

*Some prohibited conduct has been designated as “non-Title IX” to differentiate it from conduct explicitly mentioned in the definition of Title IX Sexual Harassment. Terms designated “Title IX” indicate definitions used in the definition of Title IX Sexual Harassment*

Accused shall mean a person accused of a violation who has not yet entered an institution’s judicial or conduct process.

Actual Knowledge: notice of sexual misconduct or allegations of sexual misconduct to the College’s Title IX Coordinator or any official of the College who has authority to institute corrective measures on behalf of the College, also known as any Official with Authority, as defined below. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. The mere ability or obligation to report sexual misconduct, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the College. Notice includes, but is not limited to, reports, complaints, and formal complaints of sexual misconduct, as defined herein. This standard is not met when the only Official with Authority with actual knowledge is the Respondent.

Advisor: an individual who may be, but who is not required to be, an attorney, that is selected by a Party or appointed by the College to aid the Party during the grievance process. Parties are permitted to be accompanied by the advisor of their choice to any grievance process related meeting or proceeding. At a hearing, advisors are permitted to ask the other Party and any witnesses all relevant questions and follow-up questions, including those challenging credibility, on the Party’s behalf, as Parties are not permitted to personally conduct cross-examination. If a Party does not select an advisor and a hearing is required, the College will appoint an advisor for that Party for the purposes of conducting cross-examination.

Affirmative Consent: 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.

The following six principles, along with the above definition, will be used to evaluate whether affirmative consent was given:

  • 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.

Bystander: a person who observes a crime, impending crime, conflict, potentially violent or violent behavior or conduct that is in violation of rules or policies of the College.

Clery Reporting: Requires institutions to publish an annual report disclosing security policies and three years of selected crime statistics. The Clery Act requires institutions of higher education to comply with certain campus safety- and security-related requirements as a condition of their participation in the Title IV, HEA programs. Notably, VAWA amended the Clery Act to require institutions to compile statistics for incidents of dating violence, domestic violence, sexual assault, and stalking and to include certain policies, procedures, and programs pertaining to these incidents in their annual security reports. Only aggregate data is reported without any personally identifiable information. For more information on Clery reporting, please review the College’s Annual Security and Fire Safety Report which is published publicly annually.

Complainant: The individual who is alleged to be the victim of conduct that could constitute sexual misconduct or related retaliation, as defined herein.

Coercion: unreasonable pressure, including emotionally or physically manipulative actions or statements, or direct or implied threats, in order to compel the person to engage in sexual activity.

Complaint: a document filed by a Complainant (meaning a document or electronic submission (such as electronic mail or through the College’s online portal, Maxient) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint) or signed by the Title IX Coordinator alleging conduct that may constitute a violation of this Policy other than Title IX Sexual Harassment against a Respondent and requesting that the College investigate the allegation of misconduct.

Confidentiality: The obligation to keep information in confidence. Confidentiality may be offered  by  an  individual  who  is  not required  by  law  to  report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with  state  and federal  law,  including  but  not  limited  to 20 U.S.C. § 1092(f) and 20 U.S.C. § 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of College employees who may offer confidentiality. On campus, confidentiality is limited to The Counseling Center, the Health Center, and the College’s chaplain. Even college offices and employees who cannot guarantee confidentiality will maintain privacy to the greatest extent possible. The information provided to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

College’s Title IX Team: This team is comprised of select College faculty and administrators who have completed the requisite training under this Policy. Members of the College’s Title IX Team may serve as Investigators, members of the Hearing Panel, members of the Appeal Panel, or facilitators of the Informal Resolution Process.

Dating Violence (Title IX): as defined by VAWA at 34 U.S.C. § 12291(a)(10), the term “dating violence” means violence committed by a person: who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of the relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

Dating Violence (non-Title IX): 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 a consideration of the following factors: (i) the length of the relationship; (ii) the type of the relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

Day: calendar day, unless otherwise indicated.

Deliberately Indifferent: as defined in 34 C.F.R. § 106.44(a), the institution is deliberately indifferent only if its response to Title IX Sexual Harassment is clearly unreasonable in light of the known circumstances. Once the College has actual knowledge of Title IX Sexual Harassment in its education program or activity against a person in the United States, it will respond promptly in a manner that is not deliberately indifferent.

Determination: a written finding by the Hearing Panel containing the required information under 34 CFR § 106.45(b)(7), including the result and rationale as to each allegation, including a determination regarding responsibility, any disciplinary sanctions to be imposed on Respondent, and whether remedies will be provided to Complainant.

Discrimination Based on Pregnancy or Childbirth: The adverse treatment of an individual based on such individual's actual or perceived pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.

Discrimination Based on Sexual and Reproductive Health Decisions: The adverse treatment of an individual based on such individual's actual or perceived decision to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions. Such services include, but are not limited to, fertility-related medical procedures, sexually transmitted disease prevention, testing, and treatment, and family planning services and counseling, such as birth control drugs and supplies, emergency contraception, sterilization procedures, pregnancy testing, and abortion.

Discrimination Based on Status as a Victim of Domestic Violence, Sex Offenses or Stalking: The adverse treatment of an individual based on such individual's actual or perceived status as a victim of domestic violence, or as a victim of sex offenses or stalking.

Domestic Violence (Title IX): as defined by VAWA at 34 U.S.C. § 12291(a)(8), the term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

Domestic Violence (non-Title IX): 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 victim under New York domestic or family violence laws, or by any other person against an adult or youth Complainant who is protected from that person’s acts under New York domestic or family violence laws.

Education program or activity (Title IX): for purposes of 34 CFR §§ 106.30, 106.44, and 106.45, includes locations, events, or circumstances over which the College exercised substantial control over both the Respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the College.

Education program or activity (non-Title IX): includes all of the operations of the College, including academic programs, admissions, athletics, recruitment, financial aid, housing, and employment, and may also include computer and internet networks, digital platforms, and computer hardware or software owned by, operated by, or used in the operations of the College.

Force: using physical violence and/or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance. The use of force to cause someone to engage in sexual activity is, by definition, non-consensual contact, and is prohibited.

Formal Complaint: refers to a document filed by a Complainant (meaning a document or electronic submission (such as electronic mail or through the College’s online portal, Maxient) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint) or signed by the Title IX Coordinator alleging Title IX Sexual Harassment against a Respondent and requesting that the College investigate the allegations. At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the College’s education program or activity.

Grievance Process: the process by which formal complaints and complaints are resolved and includes both the Informal Resolution Process and the Formal Resolution Process.

Incest (non-Title IX): Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

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.

Intimidation: implied threats that reasonably cause another to fear for his/her safety or well-being.

Investigator: the individual(s) appointed by the College to investigate the allegations of sexual misconduct and/or retaliation. Investigators are also charged with creating an investigative report that fairly summarizes relevant evidence.

Manhattan College Community: includes all individuals covered by the Sexual Misconduct Policy.

No Contact Order: a directive prohibiting contact between or among designated individuals through any means, direct or indirect, including personal contact, email, telephone, text message, social media, or by means of a third Party. Continued intentional contact would be a violation of College policy subject to additional misconduct and/or retaliation charges.

NYSHRL Sexual Harassment: The NYSHRL Sexual Harassment prohibition applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors, and persons conducting business, regardless of immigration status, with the College. Please see Appendix C for the definition of NYSHRL sexual harassment and related information.

NYSHRL Retaliation: The NYSHRL Retaliation prohibition applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors, and persons conducting business, regardless of immigration status, with the College. Please see Appendix C for the definition of NYSHRL Retaliation and related information.

Official with Authority (OWA): an employee of the College who has the authority to institute corrective measures on behalf of the College. The mere ability or obligation to report sexual misconduct or to inform a student about how to report sexual misconduct, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the College.

Parties: refers to all Complainants and Respondents involved in the case. The singular term “Party” refers to any one of these individuals.

Preponderance of Evidence: the standard to determine responsibility under the College’s Policy. This means that it is more likely than not that a violation of the Policy occurred.

Privacy: May be offered when an individual is unable to offer confidentiality under the law but shall still not disclose information learned from a Reporting Individual or bystander to a crime or incident more than necessary to comply with applicable laws, including informing appropriate institution officials.

Quid Pro Quo Sexual Harassment (non-Title IX): One individual conditioning the provision of an aid, benefit, item, or service on another individual’s participation in unwelcome sexual conduct. This definition includes 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.

Remedies: actions taken by the College in favor of a Complainant after the Respondent has been found responsible through either the Informal Resolution Process or the Formal Resolution Process. Remedies are designed to restore or preserve equal access to the College’s education program or activity. Remedies can be the same as supportive measures but need not be non-disciplinary or non-punitive and need not avoid burdening Respondent.

Report: information brought to the attention of the Title IX Coordinator, whether verbal or written, by any person, and which references sexual misconduct, including sexual harassment. Such a report can be made at any time (including non-business hours) in person, by mail, by phone, or by electronic mail to the Title IX Coordinator. A report is not the same as a complaint or formal complaint and will not initiate the Grievance Process. A Party may make a report and then subsequently file a complaint or formal complaint.

Reporting Individual: encompasses the terms victim, survivor, Complainant, claimant, witness with victim status, and any other term used by the College to reference an individual who brings forth a report of a violation of the Policy. This may or may not be the same as the Complainant, a witness, or a bystander. All College services and protections afforded to Reporting Individuals are available to all students.

Respondent: the individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct or related retaliation, as defined herein, regardless of whether such individual has entered into the College’s Grievance Process for responding to a formal complaint or complaint.

Related Retaliation: includes Retaliation (non-Title IX), Title IX Retaliation, NYSHRL Retaliation, and Title VII Retaliation, as defined herein.

Retaliation (non-Title IX): Any adverse action taken against an individual for making a good faith report of a violation of this Policy, filing a good faith formal complaint or complaint in relation to a violation of this Policy, or participating in any investigation or proceeding under this Policy. Retaliation includes threatening, intimidating, coercing, harassing or any other conduct that would discourage a reasonable person from engaging in activity protected under this Policy.

Sex: encompasses actual or perceived sex, gender, sexual orientation, gender identity, and/or gender expression, including a person's actual or perceived gender-related self-image, appearance, behavior, expression or other gender-related characteristic, regardless of the sex assigned to that person at birth.

Sexual and reproductive health decisions: any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions. Such services include, but are not limited to, fertility-related medical procedures, sexually transmitted disease prevention, testing, and treatment, and family planning services and counseling, such as birth control drugs and supplies, emergency contraception, sterilization procedures, pregnancy testing, and abortion.

Sexual Activity: includes any “sexual act” or “sexual contact.”

  • A “sexual act” means (a) contact between the penis and the vulva or the penis and the anus where penetration occurs, however slight; (b) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (c) the penetration, however slight, of the anal or genital opening of another by hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (d) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
  • “Sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

Sexual Assault (Title IX): as defined in 20 U.S.C. § 1092(f)(6)(A)(v) means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (“FBI”). These offenses are defined as follows:

  • Sex Offenses: any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
    • Rape (except statutory rape): the carnal knowledge of a person, without the consent of the victim, including instances where the victim unable to give consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the sexual organ of the female (vagina) by the sexual organ of the male (penis).
    • Sodomy: oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is unable to give consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
    • Sexual Assault with an Object: to use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is unable to give consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia, e.g., a finger, bottle, handgun, stick.
    • Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is unable to give consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Sex Offenses: unlawful sexual intercourse
    • Incest: nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Statutory Rape: nonforcible sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.
    • Failure to Register as a Sex Offender: to fail to register or keep current a registration as required by state and federal laws.

Sexual Assault (non-Title IX): Engaging in the following sexual acts without affirmative consent, including instances where the victim is incapable of giving consent:

  1. Vaginal, anal, or oral sexual intercourse with another person;
  2. Inserting an object or instrument, however slight, into the genital or anal openings of the body of another person;
  3. Intentionally touching the sexual or intimate body parts of another person, directly, through material, or through the use of an object, or making a person touch their own sexual or intimate body parts or those of another person, for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or abuse; or
  4. Intentionally touching another person’s body, or making a person touch themselves or another person, for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or abuse.

Sex Discrimination: Any adverse treatment or conduct that denies a person access to, the benefits of, or the ability to participate in any College education program or activity on the basis of sex, gender, sexual orientation, gender identity, and gender expression.

Sexual Exhibitionism: Engaging in sexually explicit activity in public spaces, including online.

Sexual Exploitation: Abuse or non-consensual use of another person’s sexuality or nudity without consent, including situations where the person is incapable of giving consent, for the perpetrator’s own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Specific conduct that constitutes sexual exploitation could, but does not necessarily, constitute Title IX Sexual Harassment as defined herein. Examples of sexual exploitation include but are not limited to:

  • Prostituting or causing the prostitution of another individual
  • Peeping/Voyeurism: intentionally watching, observing, photographing, videotaping, audio recording, or in any other way recording:
    • an individual who is undressing
    • the sexual activity of another individual
    • another individual who is in a state of undress (completely or partially naked)
    • another individual in a place and time where such person has a reasonable expectation of privacy, such as a bathroom or shower or changing room
  • Exceeding the boundaries of consent with another individual (such as permitting others to secretly observe you engaging in sex acts with another individual)
  • Inducing or attempting to induce incapacitation in another individual for purposes of compromising that individual’s ability to give Affirmative Consent to sexual activity, such as by administering alcohol or drugs (such as “date rape” drugs) to another person without their knowledge or consent for the purpose of sexual activity
  • Knowingly exposing another person to a sexually transmitted infection or virus without the other individual’s knowledge
  • Disseminating, streaming or posting sexual activity of any form on social media or any other public forum without permission from the other individual
  • Non-consensual texting of sexual activity or images of another individual
  • Distributing intimate sexual information about another individual

Sexual Harassment (non-Title IX): Unwelcome conduct of a sexual nature that is severe, pervasive, or persistent, including but not limited to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where:

  1. Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of a person’s employment, academic standing, or status in a program, course, or activity; or
  2. Submission to or rejection of such conduct by a person is used as the basis for employment or educational decisions affecting that person, or for academic evaluation, grades, or advancement; or
  3. Such conduct is sufficiently severe, pervasive, or persistent to have the purpose or reasonable effect of interfering with a person’s work or educational performance, or of creating an intimidating, hostile, or offensive work, academic, residential, or educational environment.

Sexual Misconduct: Discrimination on the basis of sex, gender, sexual orientation, gender identity, and/or gender expression. Sexual misconduct therefore includes, for example, sex- or gender-based discrimination, sex- or gender-based harassment, sexual harassment, sexual assault, dating violence, domestic violence, stalking, and any other form of non-consensual sexual activity.  Sexual misconduct can occur between strangers, acquaintances, or people who know each other well, including those who are involved in an intimate or sexual relationship. Sexual misconduct can be committed by anyone and anyone can experience sexual misconduct.

Sexual Orientation: an individual's actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender. A continuum of sexual orientation exists and includes, but is not limited to, heterosexuality, homosexuality, bisexuality, asexuality and pansexuality.

Stalking (Title IX): as defined by 34 U.S.C. § 12291(a)(30) means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.

Stalking (non-Title IX): Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for their safety or the safety of others; or (ii) suffer substantial emotional distress.

As used in this definition:

  • “Course of conduct” means two or more acts, including acts in which the Respondent, directly, indirectly, or through third parties, by any method monitors, observes, follows, surveils, threatens, or communicates to or about a person or interferes with a person’s property.
  • “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the Complainant
  • “Substantial emotional distress” means significant mental anguish or suffering that may, but does not necessarily, require professional treatment or counseling.

Stealthing: The act of removing a condom during sexual intercourse without affirmative consent of the sexual partner, or the act of intentionally misleading a sexual partner to believe a condom is being used during sexual intercourse when it is not.

Student: a person who has gained admission to the College.

Supportive Measures: non-disciplinary and non-punitive individualized services provided by the College as appropriate and reasonably available, free of charge, to Complainants and Respondents before or after the filing of a formal complaint or complaint or where no formal complaint or complaint has been filed. Supportive measures are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties or the College’s educational environment, or deter sexual harassment. Supportive measures can include various forms of services as set forth in Section IX.

Title IX Coordinator: the employee(s) designated and authorized by the College to coordinate its efforts to comply with its responsibilities under Title IX. As used in this Policy, “Title IX Coordinator” also includes any designee of the Title IX Coordinator. The Title IX Coordinator may delegate certain responsibilities under this Policy to designees, who will be appropriately trained.

Title IX Retaliation: Intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with an individual’s right or privilege secured by Title IX and 34 C.F.R. Part 106, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under 34 C.F.R. Part 106. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or the corresponding regulations, constitutes retaliation.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this subsection of the Policy. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under 34 C.F.R. Part 106 does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any Party made a materially false statement in bad faith.

Title VII Retaliation: In accordance with Title VII, the College will not discriminate against any of its employees or applicants for employment because of the employee’s or applicant’s opposition to any practice made an unlawful employment practice by Title VII, or because the employee or applicant made a charge, testified, assisted, or participated in any investigation, proceeding, or hearing under Title VII.

Title IX Sexual Harassment: Conduct on the basis of sex, occurring in an education program or activity of the College against a person in the United States, that satisfies one or more of the following:

  1. 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. 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” as defined in 20 U.S.C § 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. § 12291(a)(10), “domestic violence” as defined in 34 U.S.C. § 12291(a)(8), or “stalking” as defined in 34 U.S.C. § 12291(a)(30).

Title VII Sexual Harassment: Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Victim of sex offenses or stalking: a victim of acts that would constitute violations of article 130 of the penal law or a victim of acts that would constitute violations of sections 120.45, 120.50, 120.55, or 120.60 of the penal law.

Appendix B: STUDENT BILL OF RIGHTS

All students have the right to:

  1. Make a report to local law enforcement and/or state police.
  2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.
  3. 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 the institution.
  4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
  5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available.
  6. 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.
  7. Describe the incident to as few institution representatives as practicable and not to be required to unnecessarily repeat a description of the incident.
  8. Be free 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.
  9. Access to at least one level of appeal of a determination.
  10. 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.
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

Appendix C: NYSHRL POLICY

Introduction

Manhattan College is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. All employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of Manhattan College’s commitment to a discrimination-free work environment. Sexual harassment is against the law[8] and all employees have a legal right to a workplace free from sexual harassment and employees are urged to report sexual harassment by filing a complaint internally with Manhattan College. Employees can also file a complaint with a government agency or in court under federal, state, or local antidiscrimination laws.

Policy:

  1. Manhattan College’s policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business, regardless of immigration status, with Manhattan College. In the remainder of this document, the term “employees” refers to this collective group.
  1. Sexual harassment will not be tolerated. Any employee or individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action (e.g., counseling, suspension, termination).
  1. Retaliation Prohibition: No person covered by this Policy shall be subject to adverse action because the employee reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. Manhattan College will not tolerate such retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Any employee of Manhattan College who retaliates against anyone involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination. All employees, paid or unpaid interns, or non-employees[9] working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, or the College’s Title IX Coordinator. All employees, paid or unpaid interns or non-employees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in the section on Legal Protections.
  1. Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject Manhattan College to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Employees of every level who engage in sexual harassment, including managers and supervisors who engage in sexual harassment or who allow such behavior to continue, will be penalized for such misconduct.
  1. Manhattan College will conduct a prompt and thorough investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. Manhattan College will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.
  1. All employees are encouraged to report any harassment or behaviors that violate this policy. Manhattan College will provide all employees a complaint form for employees to report harassment and file complaints.
  1. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to the College’s Title IX Coordinator.
  1. This policy applies to all employees, paid or unpaid interns, and non-employees, such as contractors, subcontractors, vendors, consultants, or anyone providing services in the workplace, and all must follow and uphold this policy. This policy must be provided to all employees and should be posted prominently in all work locations to the extent practicable (for example, in a main office, not an offsite work location) and be provided to employees upon hiring.

What Is “Sexual Harassment”?

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.

Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment need not be severe or pervasive to be unlawful and can be any harassing conduct that consists of more than petty slights or trivial inconveniences. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;
  • Such conduct is made either explicitly or implicitly a term or condition of employment; or
  • Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment.

A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance.

Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.

Any employee who feels harassed should report so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy.

Examples of Sexual Harassment

The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:

  • Physical acts of a sexual nature, such as:
    • Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee’s body or poking another employee’s body;
    • Rape, sexual battery, molestation or attempts to commit these assaults.
  • Unwanted sexual advances or propositions, such as:
    • Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion or other job benefits or detriments;
    • Subtle or obvious pressure for unwelcome sexual activities.
  • Sexually oriented gestures, noises, remarks or jokes, or comments about a person’s sexuality or sexual experience, which create a hostile work environment.
  • Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
  • Sexual or discriminatory displays or publications anywhere in the workplace, such as:
    • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
  • Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as:
    • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
    • Sabotaging an individual’s work;
    • Bullying, yelling, name-calling.

Who can be a target of sexual harassment?

Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer, or visitor.

Where can sexual harassment occur?

Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work hours.

Retaliation

Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).

Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:

  • made a complaint of sexual harassment, either internally or with any anti-discrimination agency;
  • testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law;
  • opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;
  • reported that another employee has been sexually harassed; or
  • encouraged a fellow employee to report harassment.

Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.

Reporting Sexual Harassment

Preventing sexual harassment is everyone’s responsibility. Manhattan College cannot prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern, or non-employee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to a supervisor, manager or the College’ Title IX Coordinator. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager or the College’s Title IX Coordinator.

Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is available at _____, and all employees are encouraged to use this complaint form. Employees who are reporting sexual harassment on behalf of other employees should use the complaint form and note that it is on another employee’s behalf.

Employees, paid or unpaid interns, or non-employees who believe they have been a target of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections.

Supervisory Responsibilities

All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior, or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to the College’s Title IX Coordinator.

In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.

Supervisors and managers will also be subject to discipline for engaging in any retaliation.

Complaint and Investigation of Sexual Harassment

All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner and will be confidential to the extent possible.

An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, commenced immediately and completed as soon as possible. The investigation will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation.

Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. Manhattan College will not tolerate retaliation against employees who file complaints, support another’s complaint or participate in an investigation regarding a violation of this policy. NYSHRL sexual harassments claims will be handled by the Grievance Process as outlined above.

Legal Protections And External Remedies

Sexual harassment is not only prohibited by Manhattan College but is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at Manhattan College, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

In addition to those outlined below, employees in certain industries may have additional legal protections.

State Human Rights Law (HRL)

The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns, and non-employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints with DHR may be filed any time within three years of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court. Complaining internally to Manhattan College does not extend your time to file with DHR or in court. The three years is counted from date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees, and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.

Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.

Civil Rights Act of 1964

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city, or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade Street, 1st Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.

For the purposes of this definition, “education program or activity” includes locations, events, or circumstances over which the College exercised substantial control over both the Respondent and the context in which the sexual misconduct occurs, and any building owned or controlled by a student organization that is officially recognized by the College.

As used here, “education program or activity” includes locations, events, or circumstances over which the College exercised substantial control over both the Respondent and the context in which the sexual misconduct occurs, and any building owned or controlled by a student organization that is officially recognized by the College.

Whether included as relevant in the investigative report or not, the College will make all directly related evidence subject to the Parties’ inspection and review available at any hearing to give each Party an equal opportunity to refer to the evidence during the hearing, including for purposes of cross-examination.

The College reserves the right to revoke any degree awarded for an individual who is found to have engaged in sexual misconduct and/or retaliation prior to conferral of a degree.

The definitions herein are from the most recent Uniform Crime Reporting Program National Incident-Based Reporting System (“NIBRS”) User Manual, dated April 15, 2021. 

Under the NIBRS User Manual dated 2011, available here, this definition was used to describe “Sex Offenses, Forcible.” The following acts were classified as “Sex Offenses, Forcible”: Forcible Rape (Except Statutory Rape), Forcible Sodomy, Sexual Assault with An Object, and Forcible Fondling.

Under the NIBRS User Manual dated 2011, available here, the definition of “(except prostitution offenses) unlawful, nonforcible sexual intercourse” was used to describe “Sex Offenses, Nonforcible.” The following acts were classified as “Sex Offenses, Nonforcible”: Incest, Statutory Rape.

While this policy specifically addresses sexual harassment, harassment because of and discrimination against persons of all protected classes is prohibited. In New York State, such classes include age, race, creed, color, national origin, sexual orientation, military status, sex, disability, marital status, domestic violence victim status, gender identity or expression, familial status, predisposing genetic characteristics, and criminal history.

A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected non-employees include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.