A person may report sex discrimination, including sexual harassment, in person, by mail, email, by contacting the Title IX Coordinator directly, online using our Title IX / Sexual Harassment General Reporting Form, or by any other means that result in the Title IX Coordinator receiving the report.

For employees, you should contact the Title IX Coordinator directly or submit a report online using the link above. Other than the confidential University resources outlined below, all University 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 University 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 University understands that reports of this nature can be difficult, emotional, and stressful. Therefore, the University will only share information as is needed to conduct a prompt, thorough, and effective Grievance Process. All members of the University community should understand even if the Complainant declines to file an formal complaint or complaint and asks the University not to pursue an investigation, the University may still need to investigate the allegations and address the conduct. Additional information regarding this scenario is discussed in our Sexual Misconduct Policy.

If you are a student and would like to disclose an incident confidentially, you may visit the Campus Counseling Center:

Campus Counseling Center
(718) 862-7394
jegan01@manhattan.edu
Miguel Hall, Room 501 (access through northern stairwell)
Monday-Friday
9 a.m. - 4:30 p.m.

You may report sexual misconduct internally with the University, externally, or both.

The University 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. University 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 University 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 University 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: 1-844-845-7269

Criminal Proceedings
The University’s Sexual Misconduct Policy (the “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 University 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 University 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 University community. However, the University 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.

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

For more information, please contact the Title IX Coordinator or visit our Sexual Misconduct Policy.

Confidential Resources

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

• Counselors in the Manhattan University Counseling Center
  Miguel Hall, Room 501 (access through the northern stairwell)
  (718) 862-7394
  Monday - Friday
  9 a.m. - 4:30 p.m
  
  
• Nurse Practitioners at Health Services
  Alumni Hall, Room 104
  718-862-7217
  Monday-Friday
  9AM-4:30PM
  
  
• Campus Ministry and Social Action 
  Br. Daniel Gardner
  Miguel Hall, Room 209
  718-862-7142
  Monday-Friday
  9AM-4:30PM

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):

• NewYork-Presbyterian/Columbia University Medical Center
• Manhattan University Health Services

24/7 Confidential Hotlines (free of charge):

• Day One (sexual assault & trauma resource center)
  (800) 214-4150 (24/7)

• Rape, Abuse, and Incest National Network (RAINN) crisis hotline (queer and trans affirming sexual assault hotline)
  (800) 656-HOPE (24/7)

• The National Domestic Violence Hotline
  (800) 799-7233

• RAPE Crisis Hotline
  (914) 345-9111

• Safe Horizon's Rape, Sexual Assault, and Incest Hotline
  (212) 227-3000

• Safe Horizon Domestic Violence Hotline
  (800) 621-HOPE (4673)

• Domestic & Other Violence Emergencies (DOVE) Program  New York Presbyterian Hospital/Columbia University Medical Center
  (347) 504-3726
  Fax: 212-305-6196 
  dove@nyp.org
  
  
• Gay & Lesbian Anti-Violence Project
  (212) 714-1141

• Crime Victim's Hotline
  (212) 577-7777

• New York State Domestic Violence Hotline
  (800) 942-6906

• New York State Office of Victim Services
  (800) 247-8035
  www.ovs.ny.gov

Non-Confidential University Resources:

Title IX Office
Miguel 100
(718) 862-7512
titleix@manhattan.edu

Dean of Students Office

(718) 862-7438
Thomas Hall, 5th Fl.

Human Resources Office

(718)862-7392
humanresources@manhattan.edu

Public Safety Office
(718)862-7333 (available 24/7)
Jasper Hall, 1st Fl.
publicsafety@manhattan.edu

In instances involving physical injury or sexual assault, the University strongly encourages a person 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., 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 individual's permission, will collect physical evidence in a sexual offense evidence collection kit.

The University 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.

Tel: (347) 504-3726
Fax: (212) 305-619
Email: dove@nyp.org

The University has adopted the following drug and alcohol amnesty policy under NY Educational Law Article 129B.

The health and safety of every student at Manhattan University is of utmost importance. Manhattan University 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. Manhattan University 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 Manhattan University officials or law enforcement will not be subject to Manhattan University’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 University has adopted the following definition of Affirmative Consent under NY Educational Law Article 129-B.

Affirmative Consent is defined as, 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.

• 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.

According to the Policy, prohibited conduct includes the following behavior, as well as attempts to commit the below behavior. Please note, that some prohibited conduct has been designated as "non-Title IX" to differentiate it from conduct defined in the 2020 Title IX Regulations.

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.

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 (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.

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

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 University. 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 University. Please see Appendix C for the definition of NYSHRL Retaliation and related information.

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 University conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct.

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

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

• Vaginal, anal, or oral sexual intercourse with another person;
• Inserting an object or instrument, however slight, into the genital or anal openings of the body of another person;
• 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
• 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 University 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:

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

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

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.

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.

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.

Title VII Retaliation: In accordance with Title VII, the University 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 University against a person in the United States, that satisfies one or more of the following:

An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct;

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 University's education program or activity; or

"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 University.

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:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
• 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.

Supportive measures are non-disciplinary, non-punitive individualized services offered, free of charge, by the University 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 University 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 University's education program or activity without unreasonably burdening the other Party and include measures designed to protect the safety of all Parties or the University's educational environment or deter sexual misconduct.

Supportive measures are available regardless of whether a Complainant pursues a formal complaint or complaint under the Policy. When the University 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 University 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.

For more information about Supportive Measures, please visit our Sexual Misconduct Policy

The University 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 University 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 University 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 the Policy may be subject to discipline. Sanctions may include, but are not limited to, expulsion or termination from the University.

For more information on No Contact Orders, please visit our Sexual Misconduct Policy

Filing a Formal 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. Once a complaint or formal complaint is received by the University, 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.

Requests for Confidentiality

If a Reporting Individual, who may or may not be the Complainant, discloses an incident to a non-confidential University employee, but wishes to maintain confidentiality or does not consent to the University's request to initiate an investigation, the Title IX Coordinator will weigh the request against the University's obligation to provide a safe, non-discriminatory environment for all members of its community.

In certain circumstances, the University 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 University 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 University determines that an investigation is required, the Title IX Coordinator will sign a complaint or formal complaint, as appropriate, and the University will inform the Complainant and/or Reporting Individual and take immediate action necessary to protect and assist the Complainant and/or Reporting Individual. The University 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.

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 University encourages all members of the University community to cooperate with the University during the various processes outlined in the Policy, however individuals will not be penalized by the University for declining to participate in the processes.

The University does, however, expect all members of the University 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.

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 University and not the Parties

Timeframe

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

1. 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.
2. Appeals will be concluded within 30 business days of the filing of an appeal.
3. 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 University 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 University 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 University 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.

Grievance Process and 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 University will promptly and equitably respond to all allegations involving sexual misconduct or related retaliation.

Notice of Allegations

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

• A copy of the Policy, including the Grievance Process.
• The specific provision(s) of the 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 University’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the Grievance Process. 
• The University’s prohibition against retaliation.

Informal Resolution

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 University 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 University does not require either party to undergo an informal resolution.

The informal resolution will be conducted by a member of the University'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 (see our Policy for details).

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 University must:

• Provide to the Parties a written notice disclosing:
  • the allegations;
  • 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
  • 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:

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 or complaint arising from the same allegations;
3. 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;
4. any consequences resulting from participating in the Informal Resolution Process, including the records that will be maintained or could be shared; and
5. 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. 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 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.

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 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.

Formal Resolution 

Investigation

The University 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. 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 University 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 University 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 University has the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility. The University 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 University 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 University, 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 University 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 University 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. 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.

Hearing

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 University 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 University 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 University 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 University 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 University policy.

Individuals attending the hearing are subject to the University'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 University 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 University, 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, 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 University 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 University 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.

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.

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 the Policy, they will also determine the appropriate sanctions. The possible sanctions are described below. If the Hearing Panel concludes that the Respondent is responsible for a violation of the Policy, then the Hearing Panel shall receive the Respondent's disciplinary record (i.e., any previous disciplinary action or other violation of University Policy, including the 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:

1. Identification of the allegations potentially constituting sexual misconduct;
2. 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;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the University's Policy to the facts (including the decision regarding responsibility);
5. As to each allegation, a statement of, and rationale for, the result, including the determination regarding responsibility, any disciplinary sanctions the University imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the University's education program or activity will be provided by the University to the Complainant;
6. The University's procedures for appeal and permissible bases for the Complainant and Respondent to appeal; and
7. When the determination becomes final.

• The University will simultaneously notify the Parties of any changes to the results that occurs prior to the time that the determination becomes final. The University 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 University 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 University policies or contracts (such as a Collective Bargaining Agreement [CBA] or the policies and procedures in the Faculty Handbook) may require the University 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 the 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 University 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 University policy or contract, the University will go through those processes before that particular sanction takes effect. However, the University'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.

Appeals

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.

For more information on the University’s Grievance Procedures, please visit our Sexual Misconduct Policy

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 the 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 the 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 the 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 above. 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 University 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).

For more information on Advisors, please visit our Sexual Misconduct Policy

If the Hearing Panel finds the Respondent responsible for violating the 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 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 University employment;
• Disciplinary probation;
• Revocation of honors or awards;
• Restriction of Respondent's access to University facilities or activities;
• Exclusion from certain University buildings, classes, residence halls, property, and University 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 University 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; and/or
• Any other actions agreed to by the Parties in an Informal Resolution Agreement
• Any other actions deemed appropriate.

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 University 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.

The University 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 University 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 University'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 University website.

Additionally, the University 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 University 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 University's education program or activity. If the University does not provide a Complainant with supportive measures, then the University must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

At Manhattan University, we strive to create and maintain an area free from sexual misconduct. The University 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 University 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 University also provides mandatory training for leaders and officers of student organizations and student-athletes that complies with Article 129-B.

Additionally, the University 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 University also provides information on sexual misconduct prevention with parents of enrolling students.

The University 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 University 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 University's Title IX Coordinator may be contacted for additional information regarding the policies, procedures, and education and prevention efforts.

• Sexual Misconduct /Title IX Staff Training Materials

  In compliance with federal Title IX Regulations, Manhattan University ensures that it’s Title IX stakeholders, including the Title IX Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process, receives appropriate training.  

  Manhattan University is a member of the SUNY Student Conduct Institute (“SCI”). To access the SCI training curriculum for the University’s Title IX stakeholders, click on the SCI badge or visit https://system.suny.edu/sci/postedtraining/.