Title IX - Sexual Assault and Victim Advocacy

Filing a Report

• A Complainant has the right, and can expect, to have reports taken seriously by the university when notified, and to have these incidents investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma and impartiality.
•  Resolution procedures are guided by principles of fairness and respect for all parties.  As referenced above, both on-campus and off-campus resources and support are available for both students and employees, whether as Complainants or Respondents, to provide guidance throughout the investigation and resolution of complaints. 
• A Complainant may withdraw a complaint or report from the university at any time, without penalty.
•  All proceedings are conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, the Violence Against Women Act, federal, state and local law, and university policy. 

Submit an Incident Report via the Maxient Incident Reporting Form

Please review the full Policy to review the process of filing a report.

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Designated university Officials:

The following are key staff members to whom a report may be made via email, phone or in person:

Joseph Perez - Title IX Coordinator
Reid Castle, Rm. 227
914-323-1565
Joseph.Perez@mville.edu 

Julene Caulfield - Associate Vice President of Athletics and Recreation
Deputy Title IX Coordinator
Kennedy Gymnasium
914-323-7285
Julene.Caulfield@mville.edu

Anthony Herrmann
Director for Campus Safety & Security
Title IX Investigator
Spellman Hall, G34
Anthony.Herrmann@mville.edu
914-323-5406

The Title IX Coordinator is formally designated to coordinate the university’s compliance efforts regarding reports of sexual misconduct and discrimination by members of the university Community. The Coordinator will oversee the review, investigation and resolution of all reports under this Policy.
 
Mandated Reporters
 
Individuals may also choose to report incidents of prohibited conduct to university employees not specifically designated above. The following is a list of Mandated Reporters who are trained to receive reports or complaints of sexual misconduct:

• President;
• Senior Officers (Vice Presidents and Upper-level administrators);
• Campus Safety and Security;
• Human Resources Administrators;
• Other Deans, Associate Deans, Directors and Administrators with supervisory responsibilities;
• Academic Department Chairs and Program Directors.
• Coaches including Assistant ADs and Assistant Coaches;
• Faculty;
• Staff;
• Faculty/Staff advisors to student clubs/organizations;
• Student Affairs professionals;
• Residential Life Para and Professional Staff.

 
All Mandated Reporters are required to report incidents to the university's Title IX Coordinator or designee who will determine the most appropriate course of action to ensure a prompt and equitable response. This legal obligation is based on the Title IX requirement that the university take immediate and corrective action if an employee knows or, in the exercise of reasonable care, should have known about sexual or gender-based harassment or violence.
Pursuant to this Policy, failure to report allegations of sexual misconduct may result in disciplinary action up to and including termination and/or dismissal from the university.

Confidential Reporting
 
While steps are taken to protect the privacy of all involved, individuals should understand that a report to any university employee listed above will necessarily trigger this Policy’s centralized review process. If an individual would like the details of an incident to be kept confidential, he or she may choose to speak with the following resources: 
 

• On-campus health service providers and licensed professional counselors in Student Health and Counseling (SHAC), located in Spellman Hall. Campus counselors are available to help free of charge and can be seen on an emergency basis during normal business hours.

 

 

The above on-campus resource centers are staffed by medical and psychological professionals who are bound by state confidentiality laws and will not share a report with other members of the university except in extreme cases of immediate threat or danger, or abuse of a minor. These employees are required to submit timely anonymous, aggregated statistical information for Clery Act purposes.

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We hear and use many words to describe sex discrimination and other crimes. The university seeks to foster a community in which work and learning may proceed in a humane and caring atmosphere for all its members. Violation of Federal laws as well as university policy will not be tolerated. These definitions are provided so you can understand the university's definition of these terms.

Affirmative Consent:
“A knowing, voluntary, and mutual decision among all participants to engage in sexual activity.  Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression. NY Educ. Law § 6441.
 

1. 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.
2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
3. Consent may be initially given but withdrawn at any time.
4. 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 incapacitate and therefore unable to consent.
5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
6. When consent is withdrawn or can no longer be given, sexual activity must stop.” 

Bias Behavior:
Any act committed against a person or group because of the race, color, gender, creed, religion, sexual orientation, gender identity, age, disability, or national origin of the victim. Bias crimes or misconduct are based on fear, misunderstanding, or dislike of a certain group of people and will result in disciplinary action by the university.
 
Bystander:
“A person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of the university.” A bystander does not have equivalent rights under federal or state law as a Complainant directly impacted by the violence. NY Educ. Law § 6439.

• The university encourages community members to offer help and assistance to others in need, and pursues a policy of amnesty for those who do so. 

Code of Conduct:
“The written policies adopted by the university governing student behavior, rights, and responsibilities while such student is matriculated at the university.” NY Educ. Law § 6439.
 
Complainant: (“Reporting Individual”)
“Shall encompass the terms victim, survivor, claimant, witness with victim status, and any other term used by the university to reference an individual who brings forth a report of a violation.” A bystander to a violation, or a third party who reports information about a violation that they have learned from a Complainant, is not a Complainant. NY Educ. Law § 6439.
 
Confidentiality:
“May be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of university employees who may offer confidentiality.” NY Educ. Law § 6439.
 
Dating violence:
“Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
(i) The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(ii) For the purposes of this definition—

(A) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

(B) Dating violence does not include acts covered under the definition of domestic violence.

(iii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.” 34 C.F.R. § 668.46.

Domestic violence:
“(i) A felony or misdemeanor crime of violence committed—

(A) By a current or former spouse or intimate partner of the victim;

(B) By a person with whom the victim shares a child in common;

(C) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;

(D) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or

(E) By any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

(ii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.” 34 C.F.R. § 668.46.

Hate Crime:
“A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim. For the purposes of this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.” 34 C.F.R. § 668.46.

Impact Statement:
A written or oral statement from either the Complainant or Respondent describing how an incident has affected them.
 
Mandated Reporter:

• Any member of the university Community who is informed about and/or witnesses potential sex discrimination has the responsibility to report to the Title IX Coordinator or designee. Generally, climate surveys, classroom writing assignments, human subjects research, or events such as Take Back the Night marches or speak-outs do not trigger an employee’s duty to report.

No Contact Contract:

A formal directive issued by the university. Requires signatures of both parties in any interpersonal conflict to have no direct or indirect interaction. A No Contact Contract remains in effect until it is officially removed in writing by the university. A violation of a No Contact Contract should be reported to either Campus Safety, the Office of Residence Life, Dean of Students or Human Resources. A violation of a No Contact Contract is subject to disciplinary action. Under this Policy, a No Contact Contract may also be instituted as an interim remedy.
 
Preponderance of the Evidence:
The legal standard of proof applicable to disciplinary proceedings under this Policy. Also characterized as “more likely than not” or “fifty-one percent”, the standard means that the allegation is supported by the greater weight of the attendant circumstances and available information.
 
Privacy:

• “May be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a Complainant or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate university officials.” NY Educ. Law § 6439. university officials and employees who cannot guarantee confidentiality will maintain privacy to the greatest extent possible. The information provided to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution. 

Reporting Individual:
“Shall encompass the terms Complainant, survivor, Complainant, claimant, witness with Complainant status, and any other term used by the university to reference an individual who brings forth a report or a violation.” NY Educ. Law § 6439.
 
Respondent:
“A person accused of a violation who has entered the university’s judicial or conduct process.” NY Educ. Law § 6439.
 
Retaliation:
Any adverse action a university Community member experiences as a result of the individual making an inquiry, participating in an investigation, or making a reasonable good-faith report of possible non-compliance with laws, regulations and/or policies.
 
Sexual Activity:
Shall have the same meaning as ‘sexual act’ and ‘sexual contact’ as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).
 
“(2) the term ‘sexual act’ means—

A. contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;

B. contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;

C. the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or

D. the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
 
(3) the term ‘sexual contact’ means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.”
 
“Individuals must obtain affirmative consent prior to engaging in any of the activity referenced above.” NY Educ. Law § 6439.

Sexual Assault:
An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.” 34 C.F.R. § 668.46

• “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, without the consent of the victim.
• Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
• Incest—Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape—Sexual intercourse with a person who is under the statutory age of consent.” 
• Sexual Discrimination:
• All forms of sexual harassment, including all forms of sexual assault, and other sexual violence committed by members of the university Community, which includes Board of Trustees, Faculty, Staff, students, and volunteers, as well as anyone doing business with or for the university. 
   
  Sexual Harassment:
  Sexual Harassment is any unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct or communication of a sexual nature when:

• Submission to such conduct is explicitly or implicitly a condition of an individual’s academic or employment status;
• Submission to, or rejection of, such conduct is used as the basis for making academic or employment decisions affecting an individual; or
• Such conduct has the purpose or effect of interfering unreasonably with an individual’s academic performance or work or creates an offensive, hostile, or intimidating learning or working environment.

Sexual Harassment falls into two categories:

• Quid Pro Quo: unwelcome sexual advances or requests for sexual favors from a person in authority in exchange for a grade, job, promotion or some other academic or employment benefit; or
• Hostile Environment: unwelcome behaviors of a sexual nature that a reasonable person would find so offensive, hostile, or intimidating as to impair an individual’s academic or employment rights.

 
Social Media Policy:
This policy establishes a set of rules and guidelines for any activity and participation in “social media” by all Manhattanville students. The term “social media” applies, without limitation, to any web-based and mobile technologies, in use now or developed in the future, that enable individuals or entities to disseminate or receive information, communicate, or otherwise interact, and includes, without limitation, email, texting, messaging, social networking, blogging, micro-blogging, and bulletin boards through providers such as Facebook, LinkedIn, Myspace, Twitter, YouTube, Instagram, Vine, Snapchat and any other social media platforms.  
 
Stalking:
“(i) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

(A) Fear for the person’s safety or the safety of others; or

(B) Suffer substantial emotional distress.

(ii) For the purposes of this definition—

(A) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

(B) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

(C) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

(iii) For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.” 34 C.F.R. §668.46.

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Policy Statement

Manhattanville University is committed to creating an accessible and inclusive environment for pregnant and parenting students, where all individuals enjoy freedom from discrimination, including discrimination based on sex, as defined by Title IX of the Education Amendments of 1972. Sex discrimination, which can include discrimination based on pregnancy, marital status, or parental status, is prohibited and illegal in admissions, educational programs and activities, hiring, leave policies, employment policies, and health insurance coverage.
Students interested in obtaining an accommodation are encouraged to reach out to the Title IX coordinator to learn about their rights as pregnant or parenting students.

View the full Pregnant and Parenting Student Policy

The university Title IX Coordinator is:

Joseph Perez
Reid Castle, Rm. 227
914-323-1565
Joseph.Perez@mville.edu

Entities Affected by the Policy

Students

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Manhattanville University supports this policy through educational prevention, counseling, and medical support services. Educational programs at Manhattanville University include, but are not limited to, guest speakers, awareness programs, individual counseling, various victim support services and other programs presented by various departments.

For an explanation of the differences between New York State Penal Law and university Disciplinary Process regarding Sexual Assault Click Here

Here are on-campus and off-campus support services available for the alleged victim, accused, and witnesses:

On Campus:

• Campus Safety — 914.323.7233
• Counseling Center — 914.323.7277
• Health Center — 914.323.5245
• Title IX Coordinator Email: titleix@mville.edu

Off-Campus Resources
Individuals may also elect to contact off-campus support services and resources. The following organizations can provide crisis intervention services, counseling, medical attention and assistance in interfacing with the criminal justice system:
 

• Crisis/Suicide Hotline: 1.800.273.8255
• Domestic Violence Hotline: 1.800.942.6906
• GLBTQ - Domestic Violence Support 1.800.832.1901
• GLBTQ - Sexual Assault Support 1.617.779.2127
• Harrison Police Department: 1.914.967.5111
• Loft Lesbian and Gay Community Service Center 1.914.948.2932
• Loft Helpline 1.914.948.4922 ext. 14 
• My Sister's Place: 1.914.683.1333
• National Organization on male Sexual Victimization/Male Survivor: www.malesurvivor.org
• New York City Gay and Lesbian Anti-Violence Project Hotline 1.212.714.1141
• Planned Parenthood: 1.914.761.6566
• Rape Crisis Hotline 24/7: 1.845.452.7272
• Victims Assistance Services: 1.914.345.9111
• Westchester Medical Center (FACT): 833.220.2444
• White Plains Hospital: 914.681.1155

 
Inquiries may be made to the local Office for Civil Rights (OCR) Office:
 

Complaints with OCR must be filed within one hundred eighty (180) days of the last act the Complainant believes was discriminatory. There is no time limit for making a report to the university; however, if the Respondent is no longer a student or employee, the university’s authority to pursue disciplinary action may be limited.
 

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Amnesty Policy

“The health and safety of every student at Manhattanville University is of utmost importance. The 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. The university strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to university officials. A bystander acting in good faith or a reporting individual (complainant) acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Manhattanville officials or law enforcement will not be subject to Manhattanville’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.”

Nothing in this section shall be construed to limit the university’s ability to provide amnesty in additional circumstances.

Education Law, Section 6442

Amnesty Protocol – Educational Follow up

An individual who calls for emergency assistance on behalf of a person experiencing sexual violence or any alcohol or other drug-related emergency will not face formal disciplinary action by the university for the possession or use of alcohol or other drugs if she/he agrees to participate in, and complete, the recommended educational expectations outlined by the university. The recipient of medical attention will also avoid formal disciplinary action by the university for the possession or use of alcohol or other drugs if she/he agrees to participate in, and complete, the recommended educational expectations outlined by the university. If an individual is documented or receives emergency medical assistance on more than one occasion due to excessive use of alcohol or other drugs, the situation will be evaluated so as to provide the student with additional resources and/or sanctions as needed or appropriate.

The Amnesty protocol applies to straightforward cases of alcohol or other drug-related emergencies. The Amnesty protocol does not excuse co-occurring student code of conduct infractions or other incidents related or unrelated to the medical emergency.

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Manhattanville University strictly prohibits the offenses of domestic violence, dating violence, sexual assault and stalking. The university is committed to providing options, support and assistance to victims/survivors regardless of race, color, religion, gender identity or expression, or sexual orientation.

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 by the university
• 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 university courteous, fair, and respectful health care and counseling services, where available
• Be free from any suggestion that the reporting individual (complainant) 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 university representatives as practicable and not be required to unnecessarily repeat a description of the incident
• Be protected from retaliation by the university, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the university
• 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 (complainant), 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 university

Education Law, Section 6443

Students:
Please refer to the Student Rights before the Title IX Hearing Panel information sheet

Employees:
Please refer to the Employee Rights before the Title IX Hearing Panel information sheet

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Transcript Notation Policy

 

Per New York Education Law Article 129-B, “for crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), the university shall make the following notations on the transcript of students:

Student found responsible after a conduct process. Transcript comment reads: “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.’ One year after the conclusion of a suspension, the student may appeal for removal of a transcript notation. For an expulsion, this notation will not be removed from transcript.

Respondent who withdraws from the university while such conduct charges are pending, and declines to complete the disciplinary process. Transcript comment reads: “Withdrew with conduct charges pending.” This notation will not be removed from transcript.

After one year  from the date of the student leaving the university for withdrawal pending disciplinary hearing, Interim Suspension, or Disciplinary Suspension, the student may appeal to the Vice President for Student Affairs to have the transcript comment removed. It is the student's responsibility to provide substantial evidence, which supports the appeal and provides documentation of their activities (work, education, etc.) since their exit from Manhattanville University.

Other disciplinary records maintained by the Dean of Students office are not reflected upon a student’s academic transcript, but are maintained in the Dean of Students office in accordance with university policy.
 
Appeal’s Process for Seeking Removal of Notation
 Any decision of the Conduct Process may be appealed in writing within 48 hours to the Vice President for Student Affairs for cases heard by the Director of Residence Life or Dean of Students. Once an appeal is submitted the appeals officer will determine if a face to face meeting is warranted. An appellate decision for this purpose is defined as having the power to review the conduct findings of another conduct officer. Appellate decisions of the Director of Residence Life, Dean of Students, Vice President for Student Affairs are final, and will be rendered after receiving the appeal.
 
The appeal form must include the grounds for the appeal as well as the supporting facts and arguments. The following are grounds for an appeal:

1. The conduct process was not in accord with the rules and regulations governing the university’s conduct process, and this deprivation materially affected the decision; and/or
2. The finding of the violation is contradicted by new evidence and would have resulted in a different decision.

On appeal, sanctions can be increased or decreased. If an appeal is heard, the following actions may be taken:
     
     1. Possible modification of the sanction, including increasing the penalty. 

2. Ordering reconsideration by the original conduct officer or designee based on:

3. Ordering dismissal of the case where false evidence was presented.

 

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