The College will put in place reasonable interim measures and accommodations to protect safety, prevent retaliation, and ensure that the person reporting a violation of this policy is not subjected to an ongoing hostile or abusive environment. Interim measures or accommodations may include an interim suspension, no contact order or changes in academic, housing, employment, transportation or other circumstances. At any time, the complainant or accused may request review of the need for and the terms of any interim measures or accommodations imposed or requested that affect the individual directly and may submit evidence in support of his/her request. A request to add to, modify or eliminate an interim measure or accommodation may be made to the Title IX Coordinator. Upon receipt of such a request, the Title IX Coordinator will inform the other party of the request and allow the other party to respond, including submitting evidence if desired. The Title IX Coordinator will respond to the request as promptly as possible and, absent unusual circumstances, within one calendar week. The Title IX Coordinator may modify the interim measures or accommodations on a temporary basis and while the parties are submitting their information and responses.
Upon receiving a report, the College will conduct an investigation, which usually will be performed or overseen by one of the Responsible Administrators listed above, but the College reserves the right to utilize other appropriately trained persons. The complainant and the accused will be given an equal opportunity to present information in the context of the investigation. An investigation usually involves interviews of witnesses and reviewing relevant documentation. At the conclusion of the investigation, the investigator(s) will make a recommendation as to whether the complaint will be referred to the applicable disciplinary process. A referral to the disciplinary process will occur where the allegations appear to have merit and, if true, the allegations may constitute a violation of this policy.
The complainant and accused will be informed in writing as to whether the complaint will be forwarded to the applicable disciplinary process, with a brief explanation of the basis for the outcome. If the investigator's determination is to not forward a complaint to a disciplinary process, there is no right to appeal. The College endeavors to complete the investigatory phase within 30 days.
Regardless of whether a complaint is referred to a disciplinary process, the College may offer other, non-disciplinary remedies available to the complainant, such as a change in residential or working situation, changes in class assignment, and so on.
In some instances, the parties may be interested in an informal or mediated resolution, and, if the case is appropriate for such an option in the College's discretion, mediation may be explored. (Incidents of violence are not eligible for a mediation.) No party will be required to participate in a mediated or informal resolution, and either party may decline further participation in mediation or informal resolution at any time.
This policy applies campus-wide and sets forth behavioral expectations for all. However, the applicable disciplinary procedure that will be applied in a particular case depends on whether the accused is a student, an employee, or a non-community member. For instance, a complaint brought by a staff member against a student is processed pursuant to the student policy; a complaint by a student against a staff member is processed pursuant to the staff policy; a complaint by a student against another student is processed pursuant to the student policy; and so on. If the investigation results in a determination to forward:
At their own expense, the complainant and the accused each may have an advisor of their choice present during the disciplinary proceeding and any related meeting. The standard for decisions in disciplinary proceedings is a preponderance of the evidence, meaning that it is more likely than not that an allegation is true. Both parties will receive simultaneous written notice of outcomes of all disciplinary proceedings, to the extent permitted by law.
On an annual basis, the College will appoint a Standing Judicial Panel. This Panel will consist of staff and faculty (and, at the College's option, students) who receive annual training in discrimination, harassment, non-consensual sex offenses, dating violence, domestic violence and stalking. The College will make every reasonable effort to appoint individuals from the Standing Judicial Panel to hear cases involving these kinds of allegations.
Please refer to the relevant sections of the Faculty/ Student/Staff Handbook for detailed information on the disciplinary processes. The College endeavors to complete the disciplinary process within 30 days of the date the complaint was referred by the investigator(s).
A complaint against a non-community member (e.g., a visitor to campus, an alum, a vendor or employee of Chartwells) will be investigated but no formal policy or procedure applies. The College may opt to ban the non-community member from College property or take other appropriate responsive measures.
The College will protect the privacy of all individuals to the extent practicable and appropriate under the circumstances. Under some circumstances, it may be possible to protect the identity of complainants who do not wish to be identified. However, in order to conduct an investigation and a disciplinary process, it is often necessary to disclose the identity of the complainant, including to the accused. Decisions with respect to whether a request for confidentiality can be honored will be made by a Responsible Administrator.
Complaints may be made anonymously. However, the nature of anonymous complaints may make the investigation, determination, and remediation more difficult and, at times, impossible.
Records generated in connection with reports, investigations and disciplinary proceedings are maintained in confidential files, and only those with a right and need to know are permitted access.
The College prohibits retaliation against any individual who files a good-faith complaint or assists or participates in good faith in any manner in an investigation or proceeding conducted by the College or an external agency. Any retaliation is subject to disciplinary action, up to and including expulsion/termination. Allegations of retaliation will be subject to the disciplinary procedures noted above for students, faculty, staff and non-community members.
The health and safety of every student at NYCC is of utmost importance. NYCC 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. NYCC strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to NYCC officials. A student bystander acting in good faith or a reporting individual (including a complainant/victim) that discloses any incident of domestic violence, dating violence, stalking or sexual assault to NYCC's officials or law enforcement will not be subject to NYCC'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. Notwithstanding the foregoing, NYCC reserves the right to implement measures to protect the health and safety of students (including but not limited to requiring substance abuse treatment and testing) and will comply with any obligations it may have to provide information to licensing authorities.
NYCC is a graduate institution at which academic freedom is necessary and valued. NYCC will not construe this policy to prevent or penalize a statement, opinion, theory, or idea offered within the bounds of legitimate, relevant, and responsible teaching and learning.
The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR). Names of individuals involved in incidents are not reported or disclosed in ASRs. In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus. In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/complainant will not be disclosed.
A particular situation may potentially invoke one or more College policies or processes. The College reserves the right to determine the most applicable policy or process and to utilize that policy or process.