Title IX/Sexual Harassment
Manhattan College is committed to providing an environment not impaired by sex and gender-based misconduct, including sex discrimination and sexual harassment. Title IX of the Education Amendment of 1972 is a federal law that prohibits discrimination on the basis of sex in educational programs, activities, and employment practices. Therefore, students, employees, applicants, and other members of the Manhattan College community (including without limitation, vendors, visitors, and guests) may not be subject to discrimination or harassment or otherwise treated adversely based upon a protected characteristic. This includes, without limitation, sexual harassment, sexual assault, domestic violence, dating violence, and stalking. Similarly, the College will not tolerate harassing, violent, intimidating, or discriminatory conduct by its students, employees, or any other member of or visitor to the College community.
This policy applies to conduct occurring on campus, during any College program or activity on or off-campus, including academic programs, admissions, athletics, recruitment, financial aid, housing, employment, as well as certain off-campus conduct perpetrated or suffered by a Manhattan College student, employee, staff member, or third party member of the College community.
The College encourages individuals to report all gender-based misconduct immediately to the Title IX coordinator, one of the deputy coordinators or another College staff member. The College will fully and promptly investigate all allegations of gender-based misconduct and will impose disciplinary measures, or take similar actions, as may be appropriate.
Title IX and the College strictly prohibits retaliation. Any person who attempts to penalize, intimidate, or threaten a person who makes a report or cooperates in an investigation of gender-based misconduct, harassment, or discrimination will be disciplined. Any person who believes he or she has been the victim of retaliation should immediately contact the Title IX coordinator or one of the deputy coordinators.
This College policy is in accordance with federal and state laws and regulations prohibiting discrimination and harassment. These laws include Title IX (prohibiting discrimination and harassment based on sex), the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VII, the New York State Human Rights Law and the New York City Administrative Code.
All members of the College community, including students, staff, faculty, vendors, and visitors who experience, witness, or hear about gender-based misconduct, including sexual harassment and sexual assault, are encouraged to immediately contact the College’s Title IX Coordinator, Sheetal Kale, in person at Kelly Commons, Room 3.04, by phone at 718-862-7512, or by email at firstname.lastname@example.org. In an emergency please call 9-1-1 or the Public Safety at (718) 862-7333. There is no time limit on how long after an incident you can make a report of misconduct. However, the College’s ability to respond to a report may be hindered by the length of time between the alleged misconduct and the report itself.
Once the College is informed of alleged misconduct, the Title IX Coordinator will promptly contact the Complainant confidentially 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 a formal complaint, and explain to the Complainant the process of filing a formal complaint.
Filing a Formal Complaint
Anyone who has been a victim of or a witness to sexual harassment, sexual assault, domestic violence, dating violence, or stalking may report such an incident to the Title IX Coordinator. However, in order to initiate an investigation, the victim of such an incident (hereafter referred to as the “Complainant”) must file a formal complaint with the Title IX Coordinator.
A formal complaint is a document submitted physically, by electronic mail, or digitally through the College’s online portal with the Complainant’s physical or digital signature that indicates the Complainant’s desire to file such a complaint.
Any College official (e.g. faculty member, residence life staff member, dean) informed of possible discrimination, harassment or sex or gender-based misconduct must report it to the Title IX Coordinator. However, certain College officers who serve in a privileged professional capacity (e.g. rape crisis
If a reporting individual discloses an incident to a College employee who is responsible for responding to or reporting sexual assault, domestic violence, dating violence, or stalking, but wishes to maintain confidentiality or does not consent to the College’s request to initiate an investigation, the Title IX Coordinator will weigh the request against the College’s obligation to provide a safe, non-discriminatory environment for all member of its community. The College will assist with academic, housing, transportation, employment and other reasonable and available accommodations regardless of reporting choices.
Upon receipt of a report, the Title IX Coordinator and those assisting with an investigation and those participating in any disciplinary
Even Manhattan College office and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.
To speak with someone at Manhattan College on a confidential basis, the following options are available:
- Counselors in the Manhattan College Counseling Center
- Nurse Practitioners in the Student Health Center
- The Campus Chaplain
Off-Campus Reporting Options
NYPD Sex Crimes Report Line
Tel. (212) 267-7273
New York State Police
Sexual Harassment is a type of sex discrimination and is prohibited by Title IX and by Manhattan College policy.
Sexual harassment under Title IX is defined as: 1) any instance of quid pro quo harassment by a school’s employee, 2) any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access, or 3) any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or sexual assault as defined in the Violence Against Women Act (VAWA).
Sexual Assault is any non-consensual, intentional physical contact of a sexual nature. Sexual assault includes:
- Non-Consensual Sexual Contact: Any intentional sexual touching, however slight and with any object or body part, that is without consent (as defined in this Policy) and/or by threat, intimidation, coercion, duress, violence, or by causing
a reasonablefear of harm. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.
- Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, forcibly or without affirmative consent or where the victim is incapable of affirmative consent due to mental or physical incapacity. Statutory rape is non-forcible sexual intercourse with a person who is under the statutory age of consent. In New York, the statutory age of consent is 17 years old.
Domestic Violence may include violent acts by a current or former spouse; by a person with whom the victim shares a child in common; by a person who is or has cohabitated with the victim as a spouse; by a person similarly situated to a spouse; between a parent and child; between members of the same household in an intimate relationship; or by any other person similarly situated. Domestic violence can be physical, sexual, emotional or economic in nature.
Dating Violence can be violence or abusive
Stalking is unwanted or obsessive attention by an individual or group toward a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or to suffer substantial emotional distress. Stalking may include the monitoring of an individual online or involve the use of social media, email or other technology. It may also include unwanted observation or surveillance.
Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. This definition does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act;
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol;
- Consent may be initially given but withdrawn at any time;
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent;
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm;
- When consent is withdrawn or can no longer be given, sexual activity must stop;
- Children under 17 years of age cannot legally consent under New York State Law to having sex or sexual contact with an adult (i.e., someone who is 17 years of age or older). Any sexual contact in New York between a child under 17 and an adult is a crime, and any such illegal behavior between a College student under 17 and a College employee or employee of a contracted service provider to the College will be reported to an appropriate law enforcement agency. Other jurisdictions may have different standards, and any illegal behavior in such jurisdiction also will be reported to the appropriate law enforcement agency.
Incapacitation: occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Evaluating incapacitation requires an assessment of an individual’s:
- Decision-making ability;
- Awareness of consequences;
- Ability to make informed judgments;
- Capacity to appreciate the nature and the quality of the act; and
- Level of consciousness.
- An individual who engages in sexual activity with someone the individual knows or reasonably should know is incapable of making a knowing, reasonable decision about whether to engage in sexual activity is in violation of this Policy.
Note about Alcohol and Drug Use: the consumption of alcohol and other drugs can have unintended consequences and create an atmosphere of confusion as to whether consent was freely given. If students do consume alcohol or other substances, they are encouraged to do so responsibly.
See Appendix A for the College’s Alcohol and Drug Use Amnesty policy.
Alcohol and Drug Use
The consumption of alcohol and other drugs can have unintended consequences and create an atmosphere of confusion as to whether consent was freely given. If students do consume alcohol or other substances, they are encouraged to do so responsibly.
- An individual’s consumption of alcohol or other drugs never places them at fault for being sexually assaulted or victimized by any other form of gender-based misconduct.
The College’s primary concern is for the safety and well-being of its students and other members of the College community. It is imperative that you report sexual assault, harassment and other forms of gender-based misconduct, even if those involved may be violating other College policies, such as those regarding underage alcohol consumption. The College expects that members of the community will look out for each other and immediately report troubling behavior so that the College can put a stop to it, address the effects of the behavior and prevent its recurrence. Students who report or cooperate with an investigation of sexual assault, domestic or dating violence and stalking will not be charged with violating the Alcohol or Drug policies of Manhattan College related to that violation. However, the student may be referred without conduct charges to the Alcohol and Drug Counselor available through the Manhattan College Counseling Center to support their health and well-being. If you are not sure whether misconduct has occurred, please contact the Title IX coordinator or one of the other individuals listed.
Safe Bystander Interventions
Observers of a sexual assault or other types of gender or intimate
Manhattan College will not tolerate retaliation. Retaliation is prohibited by Title IX. Any attempt by a member of or visitor to the Manhattan College community to intimidate,
Manhattan College’s greatest concern is for the safety and physical and mental health of all its students, faculty, staff, and guests and is committed to maintaining a welcoming and supportive educational climate. Therefore, the following procedures are available to all students, staff, administrators and faculty who feel they have experienced or witnessed sexual harassment, sexual assault, dating violence, domestic violence, or stalking as defined above.
The College will promptly and equitably respond to all issues involving gender-based misconduct. It may be necessary to adjust on a case-by-case basis the procedures and timeframes discussed in this section due to the nature and complexity of the issues, the parties involved, and the College’s academic calendar. Both the complainant and the accused will be notified of procedural or timeframe adjustments.
Prior to the investigation process, supportive measures will be discussed with the Complainant and implemented as may be appropriate. The Complainant will be informed of their right to request supportive measures with or without the filing of a formal complaint.
Possible supportive measures available to Complainants may include a change in class schedule, housing arrangements and/or work arrangements. Any supportive measures which restrict the rights of the Respondent require a grievance process prior to their implementation.
Depending on the nature of the problem, possible supports and remedies for the parties involved, and the result of the grievance process for any supportive measures that restrict the rights of the Respondent, may include depending on availability and resources, but are not limited to: ensuring the complainant and the accused do not attend the same classes, live in the same residence halls, or eat at the same time in the same dining halls; provide academic, counseling, or medical services; and arrange for the parties to retake or withdraw from a course without penalty.
To speak with someone at Manhattan College on a confidential basis, the following options are available:
- Counselors in the Manhattan College Counseling Center
- Nurse Practitioners in the Student Health Center
- The Campus Chaplain
Local Medical Resources:
Local Counseling Resources:
- Manhattan College Counseling Center
- 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
After the receipt of a formal, signed complaint from the Compliant (as defined above), the Title IX Coordinator will meet with the complainant to gather as much information as possible. The Title IX Coordinator and/or her designee(s) will send written notice to both the Complainant and the Respondent (the individual(s) accused of the Title IX offense) of the allegations described in the formal complaint.
The Title IX Coordinator will then assign two investigators to meet with the Complainant and the Respondent to gather as much information as possible. The investigators will also meet with any witnesses or individuals who may have information about the conduct at issue.
The Title IX Coordinator or her designee will counsel all parties on the available academic and other emotional supports available. The College will notify the parties in writing prior to any meeting that they are required or eligible to attend. The Respondent will receive a notice of investigation that includes the date time, location and factual allegations concerning the report that the College has received. Respondents will also be provided with a reference to the specific code of conduct provisions alleged to have been violated.
During an investigation, the Title IX Coordinator or an appropriate designee may ask for written statements and other documents or evidence which may aid in the investigation. 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 you think might help others understand what happened. Such evidence can include text messages, Facebook or Instagram posts, photos, voicemails, emails, or items of clothing. Both parties may exclude any prior sexual history with persons other than the parties involved in the current conduct process.
Both the Respondent and the Complainant will be updated throughout the investigation process. At the close of an investigation, the Title IX Coordinator or her designee with prepare an Investigation Report detailing the content of interviews and the evidence gathered. Both parties will have at minimum ten days to review the evidence and the Investigation Report and be given an opportunity to correct any inaccuracies that they believe exist.
If the matter proceeds to a live hearing as described below. The Title IX Coordinator will forward the Investigation Report to the hearing officer for his or her review. The parties will be notified in writing of the date, time, and location of the hearing. Both parties are encouraged to attend the hearing.
Informal Resolution and/or Mediation
The College, in its discretion, may choose to resolve a complaint through the use of an informal resolution, including the use of mediation or restorative justice, so long as each party provides voluntary, informed, and written consent to engage in such 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. An informal resolution may not be chosen absent the filing of a formal complaint.
The College may not require either party to undergo an informal resolution. Either party may at any point, choose to withdraw from the informal resolution process and resume the formal investigation and hearing process.
The informal resolution process is not an option for complaints in which the Respondent is an employee and the Complainant is a student.
The Respondent and the Complainant will receive advance written or electronic notice of the date, time, and location of any hearing they are required to or are eligible to attend. The Respondent and the Complainant have the right to challenge the choice of
Each party will have an opportunity to submit further evidence prior to the hearing and will be afforded the opportunity to review this additional evidence before the start of the hearing. Both parties will be notified before the hearing of the possible sanctions. At the
Each party has the right to bring one advisor of their choice to the hearing. If a party does not have an advisor, the College will appoint one, without fee or charge to the party. The advisor, may, but is not required to be, an attorney.
At either party’s request, the College will allow the party to be in a separate room from the other party, with the use of technology that enables each party and their advisor to see and hear one another. The hearing may be live or virtually attended, but must take place in real time with each party and their advisor present.
The Hearing will offer an opportunity for the parties to make brief opening statements, call witnesses, respond to questions of the Hearing Officer or Panel, and make a brief final statement before the close of the hearing. Witnesses and advisors must be submitted to the Hearing Officer, or Hearing Panel Chair no later than forty-eight hours prior to the Hearing.
The burden of proof will not be solely on any one party. Should the Respondent fail to attend the hearing, the hearing may continue in the Respondent's absence. However, the College may not draw an inference of responsibility of the Respondent for the allegations made in the complaint based solely upon the Respondent’s absence.
The College will make either an audio or visual recording or transcript of the hearing.
Each party’s advisor is permitted to “cross-examine” the other party through the use of direct and/or follow up oral questions posed to the other party or their witness(es), including challenges to their credibility. These questions must be relevant, as determined by the hearing officer, and must NOT be directed by or at the parties personally, but only through their advisors. Prior to directing the party’s advisor and/or the witness to answer the question posed, the hearing officer will determine whether the question is relevant to the allegations at issue.
The decision makers may not rely upon any statement made by a party or witness who is not subject to cross-examination for purposes of determining responsibility of the Respondent for the allegations made in the complaint. However, the decision maker cannot draw an inference of responsibility based solely upon the absence of a party or witness from the hearing, and/or their refusal to be subject to cross-examination and/or answer any other questions.
Rape Shield Protections
Any evidence or questions related to a Complainant’s prior sexual history will be deemed irrelevant unless offered to prove that someone other than the Respondents are responsible for the sexual misconduct or to prove consent.
Standard of Evidence
The hearing officer will make a determination based on the preponderance of the evidence standard, which means that they will determine whether it is reasonable to conclude, based on the evidence available, that it is more likely than not that the alleged conduct occured.
Dismissal of Compliant
The College, may in its discretion, dismiss complaints when 1) the Complainant informs the College in writing that they wish to withdraw the complaint, 2) the Respondent is no longer enrolled or employed by the College, or 3) if specific circumstances prevent the College from gathering sufficient evidence to reach a determination.
The Complainant and the Respondent will simultaneously be notified in writing of the hearing officer’s determination and any sanction imposed. After the hearing, but before the hearing officer delivers his/her written determination of responsibility and sanction, if any, the parties will have the opportunity to submit an impact statement for the hearing officer’s consideration with regard to sanction. Both parties will be given written notice of the outcome of the hearing, including the determination made as a result of the hearing, rationale for the decision and any sanctions issued as a result of a finding of responsibility.
Appropriate disciplinary sanctions will be determined according to the parties involved and the severity and/or duration of the conduct. Possible sanctions include exclusion from certain College buildings, classes, residence halls, and College events; suspension, expulsions, and/or discharge from employment or enrollment. Individuals doing business at the College or third party vendors found to be in violation of this policy may be banned from the College and the College will notify their respective employers of all charges and disciplinary outcomes. Visitors may be banned from the College. Possible sanctions for gender-based misconduct, including sexual harassment, sexual assault, domestic violence, dating violence, and stalking are suspension, termination of employment, and expulsion.
Resolution and Appeal
Both the complainant and the accused have the right to appeal the outcome of the hearing officer’s determination of responsibility and/or sanction. An appeal may be made in only certain limited circumstances, as follows: (1) a party believes a procedural error substantially impacted the original finding or sanction; (2) a party has substantial new evidence, (3) a party feels that the sanction is substantially outside the scope or guidelines set by the Manhattan College Community Standards and Student and Faculty Code of Conduct or (4) a party believes that any member of the Title IX process (the Title IX Coordinator, investigators, hearing officer, and/or decision makers) had a conflict of interest or bias that impacted the outcome of the hearing.
Requests for an appeal must be made in writing,
Appeals of the hearing officer/panel/administrator’s decision will be heard by an Appeal Panel. The Appeal Panel will be comprised of individuals that are fair and impartial and will not include individuals with a conflict of interest. All appellate decisions are final. Both parties will be informed of the outcome of any appeal.
* Notwithstanding the foregoing procedures, findings and recommendations for sanction concerning faculty and represented employees will be further subject to the provisions of the appropriate collective bargaining agreement or the faculty handbook/policy.
Depending on the nature of the allegations, possible supports and remedies for the complainant that could be implemented during an investigation/hearing/appeal as well as after its conclusion, may include, but are not limited to: providing an escort to ensure that the complainant feels safe
Students suspended or expelled for committing an act of sexual assault, domestic violence, dating violence, stalking or a “violent crime,” as defined by the Clery Act, will have a notation placed on their transcript as follows: “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” The College will consider requests to remove transcript notations. A transcript notation will not be removed prior to one year after conclusion of the suspension. Expulsion notations will not be removed in any case. Appeals seeking removal of a transcript notation may be addressed to the Title IX Coordinator. If a finding of responsibility is vacated for any reason, a corresponding transcript notation will be removed.
If a Respondent withdraws from the College while charges are pending and declines to complete the disciplinary process the following notation will be placed on his/her transcript: “withdrew with conduct charges pending.”
 “Violent crimes” defined by the Clery Act are murder, sexual
The College will make all reasonable efforts to ensure that future harassment, discrimination, and misconduct does not occur and that the parties and those who participated in the investigation and hearing process do not experience any form of retaliation. The College will also take appropriate steps to address the discriminatory effects of the misconduct including offering training programs, presentations that address issues of sex discrimination, sexual harassment and gender-based misconduct, as well as
If you experience subsequent harassing, discriminatory, threatening or retaliatory conduct, you should immediately report it to the Title IX Coordinator. Someone from the College will follow up with both parties after the resolution of the matter to determine whether there
Should a complainant or any other individual experience continuing, additional or new forms of discrimination, harassment, misconduct, or retaliation he or she should immediately inform the Title IX Coordinator or one of her designees listed on the College website.
Campus Chaplain- Fr. Thomas Franks Tel. (718) 862-7972 Building: Miguel Hall- Cornerstone
College Counseling Center
Tel. (718) 862-7394, Building: 5FL Miguel Hall [http://https://inside.manhattan.edu/student-life/counseling-center/index.php-center]
RAPE Crisis Hotline
Tel. (914) 345-9111, [http://nyscasa.org/responding/crisiscenters]
Health Services-Request to speak with Nurse Practitioner
Tel. (718) 862-7217, Building: Horan Hall [http://https://inside.manhattan.edu/student-life/health-services/index.php-services]
Safe Horizon’s Rape, Sexual Assault, and Incest Hotline
Tel. (212) 227-3000, [http://www.safehorizon.org/index/get-help-8/call-our-hotlines-51.html]
New York Presbyterian Hospital/Columbia University Medical Center
Tel: 347-504-3726 Fax: 212-305
Sheetal Kale, Director of Equity, Diversity and Chief Title IX Coordinator
Tel. (718) 862-7512 Building: Miguel Room 100
Dean of Students’ Office
Tel. (718) 862-7438 Building: Thomas Hall 514
Human Resources Office
Tel. (718) 862-7392 Building: Memorial Hall 303
New York City Police Department 50th Precinct
Tel. (718) 543-5700, 3450 Kingsbridge Avenue, Bronx, NY 10463
College Public Safety Office
Tel: (718)-862-7333 (available 24/7), Building: Jasper Hall, 1st Floor, Email: email@example.com
In an emergency, please call:
911 or the College Public Safety Office at 718-862-7333 (24/7).
Alcohol and/or Drug Use Amnesty
The health and safety of every student at the College
The College will provide students with the resources to respond to
Student Bill of Rights
All students have the right to:
- Make a report to local law enforcement and/or state police.
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from Manhattan College.
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and
counselingservices, where available.
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are
committed,or should have acted in a different manner to avoid such crimes or violations.
- Describe the incident to as few Manhattan College representatives as practicable and not to be required to unnecessarily repeat a description of the incident.
- Be free from retaliation by the Manhattan College, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
- Access to at least one level of appeal of a determination.
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process.
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.