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Sexual Harassment, Sexual Misconduct, and Sexual Assault Complaints

Policy on Student Sexual Harassment, Sexual Misconduct, and Sexual Assault

Sarah Lawrence College is an intellectual community founded on mutual respect and is committed to providing a living, learning, and working environment that is free from sexual harassment, sexual misconduct, and sexual assault. Such offenses can impair or limit the educational and occupational opportunities of any person at Sarah Lawrence and have no place in this community. This policy applies to all Sarah Lawrence students, both undergraduate and graduate. A similar policy for Sarah Lawrence College employees (faculty, staff, and student employees) can be found at www.slc.edu/policies/SHSMSA. This policy defines unacceptable behavior, identifies resources for persons who have experienced a sexual offense, and describes the College’s prevention and education efforts.

Sexual offenses are prohibited under New York State and federal laws and may be prosecuted in the criminal justice system. Legal definitions may vary from definitions used by the Sarah Lawrence community as outlined here. Pursuing campus resolution does not preclude one from pursuing legal action now or in the future, and vice versa. Please see Appendix 1 for a list of relevant local, state, and federal laws.

Anyone can experience or be a perpetrator of sexual harassment, sexual misconduct, or a sexual assault regardless of gender or sexual orientation. Perpetrators can be anyone: a stranger, someone you have known for a long time, or someone you have just met.

The College has named Dean Allen Green as its Title IX Coordinator; his role is to oversee College compliance with Title IX regulations. Dean Green will:

Serve as a resource for students wishing to report any acts of sexual violence or sexual harassment, i.e. violations of Title IX.
Provide oversight for all Title IX complaints and identify patterns, issues or problems re: those same complaints. N.B. the Coordinator does not have a role in the Sexual Assault/Harassment Process, which is described Sexual Assault Reporting Proceduresand in the Student Handbook.
Review and support the informational initiatives enabling students, staff and faculty to fully understand sexual violence and sexual harassment as forms of sexual discrimination and further educate the community about College policy and procedures.

Dean Green’s office is located on the second floor of Westland. His extension is 2252 and his e-mail address is agreen@sarahlawrence.edu

Definitions of Prohibited Conduct

Sexual Harassment: Sexual harassment is defined as unwelcome sexual advances or requests for sexual favors or other unwelcome verbal or physical conduct of a sexual nature when submission to or rejection of such advances, requests, or conduct is made, either explicitly or implicitly, (i) a term or condition of educational benefits, privileges, or placement services or as a basis for the evaluation of academic achievement of a student or (ii) a term or condition of employment or a basis for employment decisions concerning any employee.

Sexual harassment is also defined as unwelcome sexual advances or requests for sexual favors or other unwelcome verbal or physical conduct of a sexual nature that are so severe or pervasive that they have the purpose or effect of unreasonably interfering with a student’s education or an employee’s work performance or of creating an intimidating, hostile, humiliating, or sexually offensive educational, living, or working environment, when judged by the standards of a reasonable person.

Sexual harassment does not refer to compliments or other behavior of a socially acceptable nature. It does not refer to discussions of material with a sexual component which might offend some but which was introduced in class or conference for intellectual purposes.

Sexual Misconduct: Sexual misconduct is the deliberate contact with an intimate body part of another person without that person’s consent. Intimate body parts include the genitalia, the anus, the groin, the buttocks, or the breasts of a female.

Sexual Assault: Sexual assault is the penetration, however slight, of another person’s vagina or anus with any object or body part, or of the mouth with a penis or sexual object, without that person’s consent.

Consent

A critical factor that distinguishes acceptable sexual behavior from unacceptable sexual behavior is the consent of the parties involved. Consent is informed, and freely and actively given. Consent is communicated through mutually understandable words or actions that indicate willingness by all of the involved parties to engage in the same sexual activity, at the same time, and in the same way.

Clear and open communication is an essential element to conveying and understanding consent. Any person who contemplates initiating any form of sexual activity is strongly encouraged to talk with all involved parties before engaging in such activity. While it is the responsibility of the initiator of a specific sexual activity to obtain consent, individuals should communicate as clearly and verbally as possible with all parties about what they do and do not want.

Elements of Consent:

Consent cannot be freely given if the person’s ability to understand and give consent is impaired. Examples of those who are impaired and therefore cannot give consent include:
- any person who is incapacitated due to the use of alcohol and/or other drugs;
- any person who is unconscious or for any reason is physically incapacitated;
- any person who is mentally impaired;
- any person less than 17 years old;
- any person who has experienced the explicit or implicit use of force, coercion, threats, and/or intimidation.
Ideally, consent is given verbally. However, consent (or lack of consent) may also be expressed through gestures, body language, and/or attitude. For example, active reciprocation could express consent and pushing someone away, or simply moving away, could express lack of consent.
Silence does not equal consent.
Consent to one form of sexual activity does not necessarily imply consent to other forms of sexual activity. Consent may be given for specific activities and not for others.
Any party has the right to change their mind and withdraw consent at any time.
A prior sexual history between the participants does not constitute consent.
A person’s ability to freely give consent may be jeopardized if the initiator is in a position of power over the person. Examples might include if the initiator is a faculty member or supervisor of the person.

Statement about Relationships between Students and Employees

The College considers it unwise for faculty, staff, or contractors to engage in sexual relationships with students, or for department heads or supervisors to engage in sexual relationships with employees under their supervision and potentially subject to their judgment concerning personnel actions, and therefore strongly advises against engaging in such behavior. While both parties may consider the relationship a matter of mutual consent, the imbalance of power and authority and the potential for manipulation and misunderstanding inherent in such relationships can undermine the freedom and equity of the academic and work setting. All members of the Sarah Lawrence community should be aware that initial consent to a sexual relationship does not preclude the potential for charges of sexual harassment, sexual misconduct, or sexual assault should consent be withdrawn by either party.

Faculty members may not engage in sexual relations or romantic relationships with students who are in their classes or with students with whom they are in a formal advisory relationship, or with students whose academic work is currently being evaluated by the faculty member.

As a condition of employment, Public Safety and Security, Operations and Facilities Office, Office of Student Affairs, and Health Services staff members may not engage in sexual relations or romantic relationships with students regardless of whether the student consents to such interaction.

Enforcement of this Policy

The College will promptly investigate all complaints of sexual harassment, sexual misconduct, or sexual assault and take necessary steps to remedy such situations. A student found to have violated this policy is subject to disciplinary action, up to and including suspension or expulsion.

All students and employees are expected to cooperate fully with any sexual offense investigation. The College does not tolerate retaliation or discrimination against any person, and/or their family and friends, who brings forward a complaint, who cooperates in the investigation of a complaint, or who participates in the discipline process for an alleged violation of this policy. Anyone who believes they have been retaliated against as a result of their involvement with an investigation and/or discipline process for an alleged violation of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy should immediately report the alleged retaliation to the director of human resources. An independent investigation will be conducted and appropriate disciplinary action will be taken, up to and including suspension or expulsion from the College, in the case of a student, and up to and including termination of employment, in the case of an employee.

Confidential vs. Non-Confidential Communications

In times of distress it can be confusing to figure out whom you can contact to obtain information about your options and resources both on and off campus. Depending on whom you choose to speak with, there are limits on the confidentiality of the information shared. Before making a decision, you may want to consider the following.

Confidential Communications: Confidential communications are those communications which legally cannot be disclosed to another person, without the reporter’s consent, except under very limited circumstances such as an imminent threat or danger to self or others.

Examples of confidential communications include those with:

Sarah Lawrence College Health Services counseling staff (psychiatrists, psychologists, etc.);
Sarah Lawrence College Health Services medical staff (physicians, nurses, or nurse practitioners);
the Sarah Lawrence College on-call doctor;
off-campus support agencies

Non-Confidential Communications: The College is required by law to investigate and respond to incidents of sexual harassment, sexual misconduct, and sexual assault. Non-confidential communications consist of those communications that will be disseminated to others on a need-to-know basis to ensure that necessary steps are taken to protect the community as a whole and appropriate disciplinary measures are considered and taken.

Examples of non-confidential communications include those with:

residence life staff members including resident advisers (RAs) and graduate hall directors (GHDs);
Office of Student Affairs staff;
Public Safety and Security staff;
all faculty members, including dons;
all other College employees (with the exception of Health Services staff).

What to Do if You Have Experienced Sexual Harassment

Get to a safe place if you feel that you are in immediate danger or if you need assistance.
Discuss the incident/behavior with someone to seek support and information. (See “Confidential vs. Non-confidential Communications” above.)
File a complaint through the College discipline process or seek mediation.

Mediation is an option in sexual harassment cases, if both the complainant and the respondent agree to participate. If sexual misconduct and/or assault are part of the complaint, mediation is not an option. Any person interested in pursuing mediation for resolving a sexual harassment case should contact the hearing coordinator (see page 91) who will arrange for mediation to occur. The hearing coordinator will inform the respondent in writing of the complaint and require a written response to the complaint. The hearing coordinator will choose one trained mediator from among the dean of studies and student life staff members. Mediation normally will begin within one week of the respondent’s receipt of the complaint. The goal of mediation is an agreement between the two parties resolving the matter between them. That agreement may include a specific action or action(s) to be taken or refrained from on the part of the respondent. At the conclusion of a successful mediation process, both the complainant and the respondent will sign a statement that they are satisfied with the outcome and regard the matter as resolved between them. If the complainant believes the mediation process was unsuccessful, the complainant may choose to bring a complaint through the College’s discipline process.

What to Do if You Have Experienced Sexual Misconduct or Sexual Assault

Get to a safe place as soon as possible Contact 911 if you are in immediate danger or you need assistance. If the incident occurred on campus, call Public Safety and Security at (914) 395-2222 for transportation to the Lawrence Hospital emergency room and/or assistance in talking with the police.

Call the Sarah Lawrence College Sexual Assault Information Line, (914) 323-6800 This automated line provides prerecorded information regarding this policy and support resources, 24 hours a day, 7 days a week.

Discuss the incident/behavior with someone to seek support and information

(See “Confidential vs. Non-confidential Communications” above.)

Seek medical attention The Health Services medical staff is available for assistance Monday through Friday, 9 a.m. to 5 p.m. and will hold the information of your case in confidence unless there is an immediate threat to self or others. Health Services staff can document and treat any injuries resulting from an assault, screen for STIs and pregnancy, and provide important information about available resources and the options you have for reporting the incident to both on- and off-campus authorities. Health Services staff can also assist you in coordinating care at the emergency room.

For after hours assistance, the College’s on-call doctor is available for consultation. To speak with the on-call doctor, call Westlands Desk at (914) 395-2209 and ask to speak with the doctor on call. The Westlands Desk staff member will page the on-call doctor, who will contact you directly. In order to ensure confidentiality, you need not reveal the nature of your call to the Westlands Desk staff, simply ask the staff member to contact the on-call doctor on your behalf.

If you are considering filing criminal charges, or want to keep your options open in the future, you are encouraged to get an exam to collect medical evidence. Health Services staff can assist you in coordinating this exam at the emergency room. Health Services staff (or you, if you prefer not to go through Health Services) can request that a SANE (Sexual Assault Nurse Examiner) nurse be called to do the exam at the hospital. Before going to the hospital, try to preserve any physical evidence; do not wash, bathe, douche, go to the bathroom, or change clothing. It is best to collect evidence as soon after the assault as possible; however, an exam can be completed up to five days after an assault.

Regardless of whether or not a SANE exam is performed, you are encouraged to seek medical care in order to receive treatment and medication to prevent pregnancy or STDs/STIs. File a complaint through the College’s discipline process See information on filing a complaint through the College discipline process below.

File a police report The College strongly encourages students to report all crimes to the Yonkers Police Department. Filing a police report will provide legal documentation in the event of a future offense by the same person, or if the decision is made to prosecute in the future. A police report can be filed at any time, though evidence is likely to be stronger the sooner a report is filed after the incident. Filing a police report does not necessarily mean that further legal action must be taken. You may file a police report directly with the Yonkers Police or, upon request, the director of public safety will assist you in filing a police report. Filing a police report is distinct from making a complaint through the College’s discipline process (see “Filing a Complaint,” below).

Seek ongoing support In addition to providing medical care following an assault, Sarah Lawrence College Health Services mental health staff offer confidential counseling services. Counseling options include brief individual therapy, longer term process groups, and a support group for those who have been sexually assaulted. Walk-in assistance, for both medical and mental health, is available daily from 2 to 3:30 p.m. Appointments can be made by calling Health Services at (914) 395-2530 between 9 a.m. and 5 p.m., Monday through Friday.

Filing a Complaint

If you have experienced sexual harassment, sexual misconduct, and/or sexual assault you are strongly encouraged to file a complaint with the College, with the police, or with both. To file a complaint and initiate the College’s discipline process for an alleged violation of this policy, contact any of the people listed below. They will explain the complaint procedures and discipline process as well as coordinate the College’s response with the hearing coordinator.

Dean of Student Affairs, (914) 395-2575
Dean of the College, (914) 395-2303
Director of Human Resources, (914) 395-2365
Dean of Studies and Student Life, (914) 395-2249

Reporting sexual harassment, sexual misconduct, or a sexual assault incident to any College employee other than Health Services staff will initiate a campus investigation. All College employees (including faculty, staff— with the exception Health Services staff—and resident advisers) who become aware of an incident of sexual harassment, sexual misconduct, and/or sexual assault are required to notify the director of human resources who will initiate a campus investigation into the matter. The College is required to report incidents of sexual misconduct or sexual assault that constitute a violent felony under the New York State Campus Safety Act, to the local police. The director of public safety will coordinate such notification to the Yonkers Police.

Note: You are encouraged to file a complaint promptly. While there is no deadline for filing a complaint, in order for a hearing to occur, the respondent must be associated with the College at the time the complaint is made and throughout the hearing process. The College will, however, vigorously investigate all complaints made by students who are no longer enrolled at the College. The investigation of such complaints will be performed by a three-person hearing panel chosen from the hearing panel pool but may or may not take the form of a hearing as described in the discipline process for violations of this policy.

Prevention and Education

All members of the Sarah Lawrence community play a role in creating a culture of safety and respect and in eliminating sexual harassment, sexual misconduct, and sexual assault. You can protect yourself from hurting others by educating yourself on what consent really means. Without consent, anyone is at risk of committing a violation of this policy.

The majority of people do not commit sexual harassment, sexual misconduct, or sexual assault. However, many people witness varying degrees of sexually offensive conduct. The actions you take by intervening at any level send the clear message that disrespectful, demeaning, and violent behavior is not acceptable. Such an intervention may serve to educate and prevent someone from committing a sexual offense in the future, and may empower and validate the person experiencing the behavior. Making a choice to denounce violence of any kind is a choice that supports a peaceful, respectful, and vibrant community.

The following are steps you can take to help make this a safer community:

Call Public Safety and Security if you witness a violent or potentially violent situation, are aware of an assault taking place, or are concerned for someone’s safety.
Intervene if you believe someone’s boundaries are being violated or that they are in a potentially uncomfortable or unsafe situation; ask if they are comfortable with the situation and if they are in need of any assistance. Alternatively, you may alert other sources of assistance (e.g. Public Safety, residence life staff, or other employees in the vicinity). If you are not able to say something at the time of the incident, or if you are still concerned about the person’s well-being, follow up with them later by asking how they felt about the incident and if the person would like assistance in getting support.
If you hear someone acting, speaking, or telling jokes in a manner that is offensive, demeaning, or abusive to a targeted person or group of people, ask them to stop.
If you are aware that an incident of sexual harassment, sexual misconduct, or sexual assault has taken place, encourage the person to report the incident and seek support.

The College provides a variety of educational programs for students, faculty, and staff regarding sexual harassment, sexual misconduct, and sexual assault. Examples of such programs include the following:

workshops sponsored by Public Safety and Security on sexual assault prevention and self-defense
new student orientation programs on campus and community safety and security issues, including sexual assault prevention
information provided by Health Services and the Office of Student Affairs about risk reduction and prevention, as well as resources for sexual assault education and prevention tips, including a Web site and brochures
programs sponsored by the Sexual Assault and Violence Committee throughout the year
an interactive online program that outlines current laws against sexual harassment and provides examples that clearly illustrate situations and behaviors to be avoided (The College requires all employees to participate in this program, and employees can access this program through MySLC.)
annual training for Public Safety and Security staff and resident advisers, provided in conjunction with the local Victims Assistance Services

College and Community Resources

The following resources are available to students and other members of the Sarah Lawrence community for information and support concerning sexual harassment, sexual misconduct, and sexual assault.

On-Campus Resources

Sexual Harassment/Sexual Assault Liaison (914) 395-2350 The College’s sexual assault and sexual harassment liaison is available in a confidential setting to provide information regarding on- and off-campus resources, on- and off-campus reporting options, and the College’s discipline process. The liaison is available weekdays between 9 a.m. and 5 p.m. by calling (914) 395-2350.

Sexual Assault Information Line (914) 323-6800 The automated Sexual Assault Information Line provides 24-hour, seven-day-a-week access to pre-recorded information about support resources.

Health Services (914) 395-2350 You may speak with a Health Services staff member openly and without fear of initiating an investigation, so long as there is no imminent danger to yourself or others. Therapists are available to provide confidential support and counseling; medical staff can answer medical questions and provide follow-up medical care, including emergency contraception. Health Services staff are available in Lyles House from 9 a.m. to 5 p.m., Monday through Friday.

Public Safety and Security (914) 395-2222 Sarah Lawrence Public Safety and Security staff members are available to respond to and intervene in dangerous or potentially dangerous situations, to transport you to the hospital, and to help you stay safe. Public Safety staff members are available to assist 24 hours a day, seven days a week.

Student Affairs (914) 395-2575 The Office of Student Affairs staff members are available to assist you in accessing support resources and to answer questions about College policy and the discipline process. The Office of Student Affairs is open 9 a.m. to 5 p.m., Monday through Friday. For after hours emergencies, a member of the Office of Student Affairs staff is available by calling Public Safety and Security at (914) 395-2222.

Off-Campus Resources

The following organizations provide 24-hour assistance for persons dealing with violence.

Westchester County Victims Assistance Services Crisis Helpline (for anyone) (914) 345-9111 www.victimassist.org

My Sisters Place Domestic Violence Shelter and Hotline (for women) (800) 298-SAFE (7233) www.mysistersplaceny.org

New York City Gay & Lesbian Anti-Violence Project Hotline (for the lesbian, gay, transgender, bisexual, and HIV-affected communities) (212) 714-1141 www.avp.org

Student Discipline Process

The following procedures apply to complaints of alleged violations of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy where the respondent is a student (either graduate or undergraduate). Please consult the director of human resources for the procedures for cases in which the respondent is a faculty, staff, or student employee.

Confidentiality

The College treats all information shared about a reported incident of sexual harassment, sexual misconduct, and/or sexual assault, including information shared during an investigation and the discipline process, as confidential. This means information gathered through an investigation and this discipline process will only be shared with others on a need-to-know basis. Those who participate in an investigation and/or the discipline process should respect the confidentiality of the process and any information shared throughout.

Full Disclosure

The College promptly investigates all complaints of alleged violations of College policy. Students, faculty, and staff are expected to cooperate fully with any investigation and/or the discipline process, and are expected to provide the truth in all disciplinary matters. Consequently, students participating in an investigation or discipline hearing regarding an alleged violation of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy will not be charged with and held responsible for violations of the College’s Alcohol and Other Drugs Policy that may come to light as a result of participation in the investigation or discipline process. However, if there is a concern about a student’s safety or use of alcohol and/or other drugs, the College may recommend counseling or other educational resources to the affected student.

Protection from Retaliation

The College does not tolerate retaliation or discrimination against any person, and/or their family and friends, who brings forward a complaint, who cooperates in the investigation of a complaint, or who participates in the discipline process for an alleged violation of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy. Anyone who believes they have been retaliated against as a result of their involvement with an investigation and/or discipline process for an alleged violation of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy should immediately report the alleged retaliation to the hearing coordinator. An independent investigation will be conducted, and appropriate disciplinary action will be taken.

Rights of Those Involved in a Hearing

Rights of the Complainant (the person making the complaint of an alleged violation)

The right to an explanation of the options available to them;
The right to seek confidential assistance from a member of the Health Services staff ;
The right to seek off-campus medical and counseling services, including 24-hour emergency assistance through the Victims Assistance Services Crisis Hotline, (914) 345-9111;
The right to a change in on-campus residence and/or an adjustment to their academic schedule, if such changes are reasonably available;
The right to make a complaint that will initiate the College’s discipline process;
The right to the confidentiality of the discipline process to the extent possible (see “Confidentiality” above);
The right to an adviser who will assist the complainant during the discipline process (see “Definitions” below);
The right to request that the College instruct the respondent not to have contact with the complainant as an interim measure during the discipline process;
The right to file a police report and take legal action separate from and/or in addition to the College discipline process;
The right to know, in advance, the names of all persons to be called in the hearing;
The right not to have irrelevant sexual history discussed during a hearing (relevance of past sexual history, if presented, to be determined by the hearing coordinator);
The right to be present throughout the hearing and to inspect all statements and materials presented;
The right to speak and present information on one’s own behalf;
The right to know the status of the case at any point during the discipline process;
The right to be informed of the outcome of the hearing in a timely manner.

Rights of the Respondent (the person charged with an alleged violation)

The right to an explanation of the charges and the discipline process;
The right to receive a copy of the complaint filed against them;
The right to the confidentiality of the discipline process to the extent possible (see “Confidentiality” above);
The right to an adviser who will assist the respondent during the discipline process (see “Definitions” below);
The right to seek confidential assistance from a member of the Health Services staff;
The right to seek off-campus counseling support;
The right to a change in on-campus residence and/or an adjustment to their academic schedule, if such changes are reasonably available;
The right to request that the College instruct the complainant not to have contact with the respondent as an interim measure during the discipline process;
The right not to have irrelevant sexual history discussed during a hearing (relevance of past sexual history, if presented, to be determined by the hearing coordinator);
The right to be presumed not in violation until a violation is established through the discipline process;
The right to know, in advance, the names of all persons to be called in the hearing;
The right to be present throughout the hearing and to inspect all statements and materials presented;
The right to speak and present information on one’s own behalf;
The right to know the status of the case at any point during the discipline process;
The right to be informed of the outcome of the hearing in a timely manner.

Definitions

Adviser: Both the complainant and the respondent involved in a discipline case alleging a violation of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy have the option of choosing a member of the College community (faculty, staff, or student) to serve as their adviser. An adviser may not be a parent or relative, an attorney, or a representative of an attorney. Members of the hearing panel or those who will be serving as witnesses in the case may not serve as an adviser.

The sole role of the adviser throughout the process and during the hearing is to provide support and advice to the student. Advisers may not ask questions of the parties or the witnesses and may not speak to the panel. At the student’s request, the adviser may be present any time their advisee is meeting with the hearing panel or other member of the College staff regarding the discipline case. The adviser may not speak on behalf of the student; the student must speak on their own behalf. The adviser must maintain the confidentiality of the entire discipline process.

Complainant: The complainant is a person who makes a complaint of an alleged violation of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy.

Hearing Coordinator: The hearing coordinator is responsible for overseeing the discipline process for all alleged violations of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy including receiving and reviewing complaints, convening and chairing the hearing panel, disseminating the panel’s decisions, and maintaining the case records. The hearing coordinator ensures that the complainant’s and the respondent’s rights under these procedures are honored and the hearing procedures are followed. The hearing coordinator will be present for the hearing but not for the deliberations of the hearing panel; however, the hearing panel may call the hearing coordinator during the panel’s deliberations to answer questions about the discipline process, precedent, or other pertinent matters. The hearing coordinator is also responsible for coordinating mediations in cases of sexual harassment. The director of human resources or designee serves as the hearing coordinator.

Hearing Panel: The hearing panel hears complaints of alleged violations of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy, makes determinations of responsibility in such cases, and determines sanctions, if applicable. A hearing panel is composed of three members of the Sarah Lawrence College nonstudent community: two staff members and one faculty member. The dean of studies and student life will appoint a pool of at least eight full-time staff members and the General Committee will appoint a pool of at least eight tenured faculty members from whom the hearing coordinator will choose a panel for each hearing. Hearing panel members are trained annually. Potential panel members may be excused from a hearing in the event of a conflict of interest, lack of availability, or other valid reason, as determined by the hearing coordinator.

Respondent: The respondent is a person who has been charged with an alleged violation of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy.

Witnesses: The hearing panel, the respondent, and the complainant may call witnesses to a hearing. Each student may bring unlimited witnesses who have direct knowledge of the incident under investigation and may bring up to two character witnesses. Character witnesses may speak only to the character of the person who has called them as a witness. A list of witnesses to be called by each party must be submitted to the hearing coordinator in advance of the hearing by a date determined by the hearing coordinator. Witnesses must submit a written statement to the hearing coordinator in advance of the hearing by a date determined by the hearing coordinator. Witnesses are expected to be present for the hearing. A written statement in lieu of a personal appearance will be approved only if there is a good reason preventing the witness from being present, as determined by the hearing coordinator. Witnesses shall be in the hearing room only during the time they are speaking. Witnesses will not read their statements at the hearing, but will answer questions from the hearing panel, the complainant, and the respondent.

Filing a Complaint

Complainants are encouraged to file a complaint promptly and it is expected that complaints will be filed by current students. To file a complaint and initiate the College’s discipline process for an alleged violation of this policy, contact any of the people listed below. They will explain the complaint procedures and discipline process as well as coordinate the College’s response with the hearing coordinator.
- Dean of Student Affairs, (914) 395-2575
- Dean of the College, (914) 395-2303
- Director of Human Resources, (914) 395-2385
- Dean of Studies and Student Life, (914) 395-2249
While there is no deadline for filing a complaint, in order for a hearing to occur, the respondent must be enrolled at the College at the time the complaint is made and throughout the hearing process. The College will, however, vigorously investigate all complaints made by students who are no longer enrolled at the College. The investigation of such complaints will be performed by a three-person hearing panel chosen from the hearing panel pool, but may or may not take the form of a hearing as described below.
The hearing coordinator will initiate an investigation (See “Investigation” below).
Upon receipt of information about an alleged incident of sexual harassment, sexual misconduct, or sexual assault, the College has the obligation to investigate and may pursue disciplinary action regardless of whether the complainant files a complaint.

Investigation

The hearing coordinator will inform the director of public safety of the complaint and schedule a time for the complainant, the hearing coordinator, and the director of public safety (or designee) to meet for an interview. The complainant will be asked to submit a written statement of the incident.
The hearing coordinator will notify the respondent of the complaint and will schedule a time for the respondent, the hearing coordinator, and the director of public safety (or designee) to meet. During this meeting, the hearing coordinator will explain the discipline process and provide a copyf of the complaint alleging a violation of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy.
The respondent must submit a written response to the complaint to the hearing coordinator within a reasonable time frame, as determined by the hearing coordinator.
The director of public safety (or designee) will interview the respondent regarding the respondent’s statement and the incident.
The director of public safety (or designee) will conduct follow-up interviews with the complainant, the respondent, and relevant witnesses and submit an investigative report to the hearing coordinator for use by the hearing coordinator and hearing panel. Note: It is the role of the hearing panel through the hearing process to determine whether a violation occurred and, if so, which aspects of the policy were violated.

Next Steps

The hearing coordinator will instruct both the complainant and the respondent to refrain from contact with each other outside of the hearing process until the investigation and the hearing process are completed. This “no contact” instruction will include prohibiting indirect contact via phone, electronic means, or through other people. Failure to comply with these instructions will result in disciplinary action by the College.
The hearing coordinator will consult with the dean of studies and student life, who will determine whether the respondent may be a danger to the community. If it is determined that the respondent may be a danger to the community, the dean of studies and student life will take appropriate action until the investigation and discipline process are completed.
The hearing coordinator will ask the complainant and the respondent for the names, phone numbers, and mail and e-mail addresses of their adviser and witnesses, if applicable.
The hearing coordinator will provide the advisers and witnesses with a description of their roles and responsibilities.
All witnesses must provide a written statement containing the information they have about the alleged incident to the hearing coordinator. The hearing coordinator will establish a deadline for the submission of witness statements and other evidence.
The hearing coordinator will distribute copies of all statements and any other evidence, including any Public Safety and Security investigative reports, to the hearing panel, the complainant, and the respondent before the hearing.
If a statement or evidence is introduced after the deadline but before the hearing, the hearing coordinator will determine whether it is relevant and whether its belated introduction is for good reason. The hearing coordinator may admit the statement or evidence and, if necessary, may reschedule the hearing to allow both parties and the hearing panel time to review the new information.

Hearing Procedure

The hearing coordinator will make reasonable efforts to schedule the hearing in a timely manner.
The hearing coordinator will make every reasonable effort to secure a space for the hearing that is appropriate, private, and provides sufficient places for the parties to confer and the witnesses to wait.
The hearing shall be closed to all but the hearing coordinator, the hearing panel, the complainant, the respondent, the advisers of both the complainant and respondent, and the witnesses (during their respective interviews).
All speakers must be recognized by the hearing coordinator prior to their speaking. No interruptions will be tolerated.
Both parties may ask questions about all information shared during the hearing. The hearing coordinator will determine whether a question is relevant. The hearing coordinator’s decision on such matters is final.
If a new statement or evidence is introduced at the hearing, the hearing coordinator will determine whether it is relevant and whether its introduction at the hearing is for good reason. The hearing coordinator may admit the new statement or evidence and, if necessary, may grant a recess or reschedule the hearing to allow both parties and the hearing panel time to review the new information.
Brief breaks will be taken at the request of either party or the hearing panel. The hearing coordinator will determine the reasonableness of requests for breaks.
Hearing Outline: Generally, hearings will follow the order of business listed below. Variations may occur depending on the circumstances of an individual case.
1. The hearing coordinator makes introductions.
2. The hearing coordinator explains the hearing process.
3. The complainant may make an opening statement in addition to their written statement.
4. The respondent may make an opening statement in addition to their written statement.
5. The complainant answers questions from the hearing panel and the respondent.
6. The respondent answers questions from the hearing panel and the complainant.
7. The witnesses provide their statements and answer questions from the hearing panel, the complainant, and the respondent, one at a time.
8. The hearing panel may pose further questions to the complainant and the respondent.
9. The complainant may make a final statement.
10. The respondent may make a final statement.
11. The hearing coordinator dismisses all participants.

Deliberation and Decision Making

Upon completion of the hearing, the hearing panel will deliberate in private to determine if any violation(s) of the policy occurred and what the specific violation is. If it is not possible for the panel to make a decision the same day as the hearing, the panel will reconvene as soon as possible and shall meet until a decision is reached.

The hearing panel will base its decision on the hearing, participants written statements, the investigative report, and information shared during the hearing. The hearing panel will determine whether the respondent is:

Not Responsible: The respondent will be found not responsible when the hearing panel determines that it is more likely than not that the alleged behavior did not occur and/or the alleged behavior occurred but was not in violation of College policy.

Responsible: The respondent will be found responsible when the hearing panel determines that it is more likely than not that the alleged behavior did occur and that the behavior was in violation of College policy.

Notification of Decision

If the respondent is found not responsible, the hearing panel will notify the hearing coordinator who will write the hearing decision letter and send the letter to both the respondent and the complainant.

If the respondent is found responsible, the hearing panel will notify the hearing coordinator of its decision before deliberating on sanctions. The hearing coordinator will inform the panel of the respondent’s prior disciplinary history, if any. The panel will deliberate and make a decision regarding sanctions, taking into account the respondent’s prior disciplinary history. The hearing coordinator will write the hearing decision letter and send the letter to both the respondent and the complainant.

Copies of the hearing decision letter will also be sent to the dean of studies and student life, the dean of student affairs (for placement in the student’s discipline file), and the dean of the college (for purposes of an appeal), and others as needed depending on the nature of any sanctions.

Sanctions

If the respondent is found responsible for violating the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy, the hearing panel may impose one or more of the following sanctions as indicated for the specific violation. If more than one type of violation of the Sexual Harassment, Sexual Misconduct, and Sexual Assault Policy occurred, the respondent will be sanctioned accordingly.

For a finding of Sexual Harassment:

Warning
Social Probation, which may include restriction from particular buildings, areas of campus, and/or College activities
Loss of Housing, either permanently or for a defined period of time
Suspension from the College for a minimum of one semester
Expulsion

For a finding of Sexual Misconduct:

• Social Probation, which may include restriction from particular buildings, areas of campus, and/or College activities
Loss of Housing, either permanently or for a defined period of time
Suspension from the College for a minimum of one semester
Expulsion

For a finding of Sexual Assault:

Suspension from the College for a minimum of one semester
Expulsion

In addition to the above sanctions, the hearing panel may require a respondent to participate in a mandatory educational program, including but not limited to, an evaluation by Health Services.

Appeal

Both the respondent and the complainant may appeal the hearing panel’s decision. An appeal must be made in writing within five business days of receipt of the hearing panel’s decision letter.
Upon receipt of an appeal, the hearing coordinator will call together an appeals committee to review the appeal. The three-member committee consists of the dean of the college, serving as chair, and two members of the hearing panel pool (who did not serve on the original hearing panel) selected by the hearing coordinator.
Both the complainant and the respondent will be notified if either party submits an appeal and may themselves submit a written response for the appeals committee to consider. The hearing coordinator will determine an appropriate deadline by which a response must be submitted in order for it to be considered by the appeals committee.
An appeal may be made on one or more of the following grounds only:
1. There was a process or procedural error made that was significantly prejudicial to the outcome
2. of the hearing as it affects the student appealing.
3. New information, that was not available or known to the student appealing at the time of the hearing, has arisen, which when considered, may materially alter the outcome. Note: Information that the appealing student chose not to present at the time of the hearing is not considered new information.
4. The sanctions were not appropriate for the specific policy violation for which the respondent was found responsible.
An appeal is not a new hearing and the appeals committee will meet alone.
The appeals committee will consider the merits of the appeal based only on the written appeal request, the hearing recording and the written record of the case, and the respondent’s prior disciplinary history (if the appeal is based on the appropriateness of the sanction) in making its decision. Based on these materials, the appeals committee will:
1. reject the appeal if the committee finds that the grounds for an appeal are unsubstantiated; or
2. reject the appeal if the committee finds that any procedural errors were minor in nature and would not have altered the outcome of the hearing or the sanctions imposed; or
3. modify the sanction(s) if they are found to be inappropriate; or
4. return the case to the hearing panel for further deliberation if new information, as defined above, has arisen (In such cases the original hearing panel will be reconvened as soon as possible. If a member of the original panel is no longer available, the hearing coordinator will select a new member from the hearing panel pool); or
5. remand the case to a different hearing panel for a new hearing when a substantial procedural error is determined to have occurred and has unfairly influenced the original hearing.
Once the appeals committee has made its decision the chair will notify the respondent, the complainant, the hearing panel, and the dean of studies and student life of its decision in writing.
The appeals committee’s decision is final and there are no further appeals permitted by either party.

Record of Process

An audio recording will be made of the hearing for the use of the hearing panel and the appeals committee.
The audio recording and copies of all statements, evidence, and letters associated with the hearing will be maintained by the hearing coordinator in a case file in accordance with the College’s record retention policy for a period of seven years after the conclusion of the case.
The hearing decision letter and the appeal decision letter, if applicable, will be kept in the respondent’s discipline file in accordance with the College’s record retention for a period of seven years after the conclusion of the case. In cases where the sanction is Expulsion or Suspension the hearing decision letter and appeal decision letter, if applicable, will be kept in the student’s permanent file.