Sexual Misconduct Policy

This Policy applies to all members of the Manhattanville University Community, which includes Board of Trustees, Faculty, Staff, students, and volunteers, as well as anyone doing business with or for the College. 

Complaints brought to the University’s attention involving non-members of the Community are also covered by these procedures.[1]

Back to top

This Policy is intended to provide the University Community with a clearly articulated set of behavioral standards, definitions and prohibited conduct.  The procedures described below apply to all complaints involving Students, Staff, Faculty, as well as any other members of the University Community.  Reports will follow a due process procedure specific to violations of the Sexual Misconduct Policy, which fall outside the jurisdiction of the Problem Resolution Procedures in the University Employee Handbook; the Code for Manhattanville Community, Section VII including applicable procedures in the University Faculty Handbook; the Grievance Procedures, Section IX, in the University Faculty Handbook; and II.F.ii (a) and (b), Review Committee in the University Faculty By-Laws.

This Policy supersedes all previous policies covering discrimination on the basis of sexual misconduct and is to be read in conjunction with the University’s Non-Discrimination and Harassment Policy and the University’s Grievance Policy for Addressing Formal Complaints of Sexual Harassment under the Title IX Regulations (Title IX Policy)

Back to top

Jurisdiction

• This Policy applies to all members of the Manhattanville University Community, which includes Board of Trustees, Faculty, Staff, students (whether matriculated or not, whether taking courses on-campus or off) and volunteers, as well as anyone doing business with or for the University. University jurisdiction and discipline is not limited to conduct which occurs on University premises. Conduct which adversely affects the University Community or all those communities with which students interact in carrying out educational or professional activities, including but not limited to students pursuing field experiences and other course assignments, practica, internships, student teaching or supervised teaching, teaching under an internship certificate, research, and students attending professional conferences and education events, shall fall under the jurisdiction of this Policy. The University aims to especially protect those individuals, such as children, who are deserving of special protections.
• This policy does not apply to alleged behaviors that fall under the University’s Title IX Policy.

 

Reporting of Offenses

• Any student, employee or other member of the University Community who has experienced or witnessed prohibited conduct under this Policy, including any form of sexual harassment, sexual assault, dating/domestic violence or stalking, is encouraged to make a prompt report to law enforcement and/or to designated officials of the University.Individuals may also report to any University employee not specifically designated as a reporting option. An employee who receives such a report is required to share this information with the Title IX Coordinator to ensure the consistent and proper implementation of available University resources and resolution options.
•  The University encourages all Community members to take reasonable and prudent actions to prevent or stop an act of sexual misconduct, including direct intervention when safe to do so, enlisting the assistance of friends or persons in authority, contacting law enforcement, and/or reporting the incident to campus officials. Community members who choose to exercise this positive, moral obligation will be supported by the University and protected from retaliation. In general, the University will not seek to hold any student who reports sexual harassment, sexual violence, dating/domestic violence or stalking accountable for conduct which may constitute a violation of Community Standards, provided that any such violation did or does not place the health or safety of any person at risk. This means, for example, that students reporting sexual misconduct generally will not face disciplinary action due to the personal ingestion of alcohol or other drugs.
• The University recognizes that not every individual is prepared to move forward with a complaint for informal or formal resolution under this Policy. Confidential resources are available for those who are seeking assistance, but do not necessarily wish to make a report to the University. In addition, there are also many off-campus resources.

Back to top

Title IX Email Account

TitleIX@mville.edu

 

Seann Kalagher – Chief of Staff
Reid Castle – Room 230
914-323-5379
Seann.Kalagher@mville.edu

 

Julene Caulfied--  Associate Vice President of Athletics and Recreation

Title IX Deputy Coordinator

Kennedy Gym – Main Floor

914.323.7285

Julene.Caulfield@mville.edu

 

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.

Back to top

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.

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.

 

Back to top

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 licensed professional counselors and Staff in the Student Health and Counseling (SHAC) Center, located in Founder’s Hall, G-29. Campus counselors are available to help free of charge and can be seen on an emergency basis during normal business hours. On-campus health service providers and Staff in the Health Center, located in Spellman Hall, ground floor. Campus counselors are available to help free of charge and can be seen on an emergency basis during normal business hours.

 

The head of the Student Health and Counseling Center is:

Melissa Boston, Psy.D

Dean of Student Health and Counseling

(914) 323-5155

Melissa.Boston@mville.edu

 

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, aggregate statistical information for Clery Act purposes.

 

Back to top

1. 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.
2. 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.

3.  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.

4. The Title IX Coordinator and other appropriate offices will determine which University policy will govern the resolution of the complaint, such as the Title IX Policy, applicable employee policies, or this policy.

 

Complainant’s Request Not to Pursue an Investigation

If a Complainant does not wish for his/her name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the Complainant may make such a request to the Title IX Coordinator or designee, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, the University will likely be unable to honor a request for confidentiality.  Where the Complainant requests confidentiality and the circumstances allow the University to honor that request, the University may offer interim supports and remedies to the Complainant and the Community, but will not otherwise pursue formal action.

1. Privacy in Reporting: The University is committed to maintaining the privacy of all parties involved and every effort will be made to protect privacy interests in a manner consistent with the need for a thorough review. Information provided to non-confidential campus employees will be relayed only as necessary to assist the Title IX Coordinator or designee in the active review, investigation and/or resolution of the complaint. While not bound by confidentiality, the circle of people with this knowledge will be kept as tight as possible to preserve a Complainant’s and Respondent’s rights and privacy.
2. Receipt of Notice: Upon receipt of notice of any allegation of sexual misconduct, the University shall ensure that Complainants are advised of their right to:
   1.  “notify proper law enforcement authorities, including on-campus and local police;
   2. be assisted by campus authorities in notifying law enforcement authorities if the Complainant so chooses; and
   3. decline to notify such authorities.”

20 U.S.C. §1092 (f)(8)(B)(iii)(III)(aa)-(cc).

The University will also inform the Complainant of his/her right to be protected from retaliation for reporting an incident in good faith, even if the report is not later substantiated.

If a Complainant chooses to file a report with the Harrison Police Department or any other applicable law enforcement agency, upon request, the University will assist the Complainant in doing so. Any criminal investigation performed by law enforcement will be separate from the investigation performed by the University. Disciplinary action will normally proceed concurrently with these civil and/or criminal proceedings and will not be subject to challenge on the grounds that civil or criminal charges involving the same incident have been dismissed or reduced. The University may undertake a short delay (several days to weeks) in its investigation or resolution process, to comply with a law enforcement request for cooperation (e.g. to allow for criminal evidence collection) when criminal charges on the basis of the same behaviors that invoke this process are being investigated. This temporary delay should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay. The University will promptly resume its investigation and processes once notified by law enforcement that the initial evidence collection process is complete.

Back to top

1. Following receipt of notice or a report of misconduct, the Title IX Coordinator or designee will conduct an initial Title IX assessment. The goal of this assessment is to determine whether there is reasonable cause to believe the Sexual Misconduct Policy has been violated, and to initiate an integrated and coordinated response. The assessment will consider the nature and circumstances of the allegations, the safety of both the individual and wider campus Community, and the Complainant’s preference for resolution.
2. The Title IX Coordinator and other appropriate offices will determine which University policy will govern the resolution of the complaint, such as the Title IX Policy, applicable employee policies, or this policy. The Title IX Coordinator, or designated staff member, will notify the complainant of which policy and process are applicable to their complaint, if any. Net steps will be in accordance with the applicable policy.
3.  Both the Complainant and Respondent may have a Support Person assist in providing support throughout the investigation and resolution of a complaint. The Support Person may be any individual, including an attorney engaged at the party’s expense, who is not otherwise a party or witness in the investigation. They may accompany the Complainant or Respondent to any meeting or related proceeding with an investigator or a University employee. While the Support Person may confer quietly with the Complainant or Respondent to provide advice or support, they may not speak or write on the Complainant or Respondent’s behalf or otherwise actively participate in the meeting or proceeding.
4. A full investigation will proceed if there is reasonable cause to believe a policy violation may have occurred, evidence of a pattern of misconduct, or a perceived threat of further harm to the Community or any of its members. The University will make every effort to successfully resolve all reports within 90 days. The time allotted for the procedural appeal process is not included in the 90 days.

Back to top

If, in the judgment of the Title IX Coordinator or designee, the safety or well-being of any member(s) of the campus Community may be jeopardized by the presence on campus of the accused individual or the ongoing activity of a student organization whose behavior is in question, the Title IX Coordinator or designee may provide interim responsive and/or protective actions. These measures, which are not intended to be punitive in nature, may include but are not limited to:

• Referral to counseling and health services;
• Referral to the Employee Assistance Program;
• Community education;
• Altering the housing situation of the Respondent (resident student or resident employee) or the Complainant, if desired;
• Altering work arrangements for employees;
• Implementing contact limitations between the parties;
• Interim suspension from the University;
• Offering academic adjustments.
•  The University may issue a No Contact Contract to both parties, whereby continued intentional contact by the Respondent with the Complainant would be a violation of University policy subject to additional conduct charges. No Contact Contracts are institutional documents that do not have the legal effect of orders of protection, which are obtained through a court.
• The Title IX Coordinator or designee has sole discretion to implement or stay an interim suspension under the Sexual Misconduct Policy, and to determine its conditions and duration.
• Both the Complainant and Respondent shall, upon request and consistent with the University’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure or accommodation that directly affects him or her, and shall be allowed to submit evidence in support of this request.

Back to top

A.  Pending Civil and/or Criminal Procedures

• The University’s Title IX process will not typically be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced. However, the University may undertake a short delay (several days to weeks) in its investigation or resolution process, to comply with a law enforcement request for cooperation (e.g. to allow for criminal evidence collection) when criminal charges on the basis of the same behaviors that invoke this process are being investigated. The University will promptly resume its investigation and processes once notified by law enforcement that the initial evidence collection process is complete.

 

 B.  Informal Conflict Resolution Procedure        

• The informal conflict resolution procedure may be considered for less serious inappropriate behaviors. Some incidents can be resolved through mediation or other interventions as long as both parties agree to participate voluntarily. Where the University concludes that informal resolution is appropriate, the University will take corrective action through the imposition of individual and Community remedies. These may include, but are not limited to, referral to counseling and health services, altering housing situations, academic adjustments, educational programming or training, and supported direct confrontation of the Respondent.
• The University may offer mediation for appropriate cases, but will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any form of voluntary resolution. Mediation, even if voluntary, is not appropriate for any form of sexual assault, dating/domestic violence or stalking.
• Either party may change his or her mind at any point in time and elect to pursue a formal resolution.
• If reported misconduct is resolved at this stage, the Title IX Coordinator or designee will inform the Complainant and Respondent of the final determination through the issuance of an Outcome Letter, setting forth the informal measures implemented.

 

C.  Formal Procedure 

• If the Complainant wishes to pursue a formal resolution, the University will initiate a formal investigation.
• Before the report is finalized, the investigator(s) will meet separately with the Complainant and Respondent to review the information that will be used in reaching a determination. This review will include, but is not limited to, a review by both parties of the entire investigatory file.Either party may raise concerns about the inclusion of any evidence that s/he believes may be harmful, even if relevant. The Complainant and/or Respondent may also present additional new evidence for consideration within two business days of the meeting after which no additional evidence or documentation can be added. An acknowledgement that the file is the complete record of the matter will be signed by both parties; this acknowledgement precludes the introduction of any new evidence at the formal hearing or appeal should either be requested. The investigator will consider such evidence, if appropriate, and issue a final report determining whether there is sufficient information to find, by clear and convincing evidence, that a policy violation has occurred.
• The parties will be notified of the investigator’s findings by the Title IX Coordinator or designee in an Investigation Outcome Letter. The Title IX Coordinator or designee will, if the respondent is found responsible for a violation, determine the appropriate sanction(s). If either party rejects the decision or sanctions, a formal Hearing will be held, according to the procedures set forth below.If a Hearing is not requested by either party, the sanctions assigned will be implemented (if applicable) and the matter will be considered closed by the University.

Sexual Misconduct Hearing Panel

• For any complaints that are not resolved following the investigative process, the Title IX Coordinator or designee will initiate a formal Hearing.
• The Title IX Coordinator or designee will select three members from a pool of trained hearing officers to a Title IX Hearing Panel. None of the members will have been previously involved with the investigation. Investigators will be witnesses in the hearing of the complaint and therefore may not serve as Hearing Panel members. The University reserves the right to have its own attorney present during the Hearing.

A. Notification of Charges

At least one week prior to the Hearing, or as far in advance as is reasonably possible, the Title IX Coordinator or designee will send a letter to the parties with the following information. Once emailed via University email, or received in person, notice will be presumptively delivered. The letter will contain:

B. Hearing Procedures

• A description of the alleged violation(s) and a description of the applicable procedures.
• The time, date and location of the Hearing and a reminder that attendance is mandatory. If any party does not appear at the scheduled Hearing, the Hearing will be held in their absence. For compelling reasons, the Title IX Coordinator or designee may reschedule the Hearing.
• Hearing procedures and accompanying rights of the Complainant and Respondent are set forth in Appendix C.
• Best efforts will be made to complete the entire process (up to the final appeal) in a timely manner within 90 days of the initial report. Extenuating circumstances may arise that require the extension of time frames beyond the 90 days. These circumstances may include the complexity and scope of the allegations, the number of witnesses involved, the availability of the Complainant, Respondent or witnesses, the effect of a concurrent criminal investigation, any intervening school break or other unforeseen circumstances.

C. Notice of Outcome

D.  Sanctions

Written Warning:	An official warning that is recorded in a student’s conduct record notifying the student that he/she has violated the University’s Sexual Misconduct Policy. Any further violations will lead to a more serious sanction.
Restrictions from Activities or Privileges:	Students may be restricted from active status or participation in any and all organized University activities other than required academic endeavors for a designated period of time. Visitation and guest privileges in the residence halls or elsewhere on campus may also be revoked. The right to maintain a vehicle on campus may also be revoked.
No Contact Order:	A formal directive issued by the University. Requires notification and/or signatures of both parties in any interpersonal conflict to have no direct or indirect interaction. A No Contact Order remains in effect until it is officially removed in writing by the University. A violation of a No Contact Order should be reported to either Campus Safety, the Office of Residence Life, Dean of Students or Human Resources. A violation of a No Contact Order is subject to disciplinary action. Under this Policy, a mutual No Contact Order may also be instituted as a non-punitive remedy.
Mandatory Counseling:	In some instances students may be mandated to visit Student Health & Counseling for evaluation. Students mandated to undergo counseling will be given a deadline by which they must have made an appointment to be seen. If, based on the original evaluation, Student Health & Counseling recommends additional sessions the student is required to continue counseling until Student Health & Counseling recommends cessation. Failure to follow through with mandated counseling could result in removal from the residence halls or dismissal from the University.
Disciplinary Probation:	Disciplinary probation is an official documentation that is recorded in the student's conduct record, compelling the student to exhibit good conduct during the probationary period. There is a range of sanctions (up to and including residence hall suspension) that may accompany disciplinary probation at the discretion of the Title IX Coordinator. The Title IX Coordinator or Hearing Board may also direct the student to be professionally evaluated for any negative behavioral patterns suggested by the particular offense he/she committed. Terms of disciplinary probation shall be for a designated period.
Residence Hall Reassignment:	This sanction will be recommended in situations where the University feels the individual needs a change of environment in order to conform to acceptable group living standards. Students receiving this sanction must relocate within 24 hours after the Title IX Coordinator or Hearing Board makes the decision, unless an extension is granted. Under this Policy, a Residence Hall Reassignment may also be instituted as a non-punitive interim remedy.
Residence Hall Suspension:	A student is required to move out of the residence halls without refund of room fees. Students receiving this sanction must move out within 48 hours after the Title IX Coordinator or Hearing Board meets with the student, unless the Title IX Coordinator grants an extension or requires the student to vacate his/her room immediately. The Title IX Coordinator or Hearing Board will decide the term of a student's ineligibility to live in a residence hall.
Deferred Suspension:	Deferred separation from the University for a period of review during which the student must demonstrate an ability to comply with college rules, regulations, and all other stipulated requirements. If, during the period of the deferred suspension, the student is again found responsible for violating any university rule or regulation or an order from a University official, the student will be immediately suspended from the University.
Suspension:	Separation from the University for a designated time period. Typically the suspension period is 2 semesters. A suspended student will be ineligible to graduate until the term of suspension has been served.
Expulsion/Dismissal:	The Title IX Coordinator may decide that a student’s enrollment be canceled and the student be permanently separated from the University. A student who is dismissed will be ineligible to return or graduate from Manhattanville University.
Progressive Discipline process:	As outlined in the Employee Handbook, depending on the seriousness of the offense or misconduct, corrective action may include: verbal warning (with a note to file of the meeting(s)); written reprimand; last chance warning; and termination.
Mandatory Counseling:	In some instances, the employee may be mandated to follow through with an administrative referral to our Employee Assistance Program for evaluation and/or counseling.
Alternate Work Station: Change of work location.
Restrictions from activities or privileges: i.e. removal of Chair position.
Suspension with or without pay/Termination:	In the event of a serious infraction, a fast-track approach may be taken that could include suspension without pay or immediate termination. Typically, the suspension would range from 3 days to 2 weeks.

 

Back to top

 Minimum Recommended Sanction

 

Sexual Assault

Suspension from the University for a period of not less than one year and permanent eviction or restriction from University housing, and permanent restriction from campus. After the suspension is completed, the restriction from University housing and campus shall continue, except for the purpose of attending classes. Other sanctions deemed appropriate may also be imposed.

As per the Employee Handbook, all employees are subject to the progressive discipline process.

 

Stalking

Suspension from the University for a period of not less than one year and permanent eviction or restriction from University housing, and permanent restriction from campus. After the suspension is completed, the restriction from University housing and campus shall continue, except for the purpose of attending classes. Other sanctions deemed appropriate may also be imposed. ___________

As per the Employee Handbook, all employees are subject to the progressive discipline process.

 

Dating/Domestic Violence

Suspension from the University for a period of not less than one year and permanent eviction or restriction from University housing, and permanent restriction from campus. After the suspension is completed, the restriction from University housing and campus shall continue, except for the purpose of attending classes. Other sanctions deemed appropriate may also be imposed. ___________

As per the Employee Handbook, all employees are subject to the progressive discipline process.

 

Sexual Harassment

University probation and an educational sanction. More severe sanctions may be imposed according to the intrusiveness of the contact. These may include permanent eviction and/or restriction from University housing, as well as permanent restriction from campus except for the purpose of attending classes. Other sanctions deemed appropriate may also be imposed.

As per the Employee Handbook, all employees are subject to the progressive discipline process.

 

Retaliation

University probation and an educational sanction. More severe sanctions may be imposed according to the intrusiveness of the contact. These may include permanent eviction and/or restriction from University housing, as well as permanent restriction from campus except for the purpose of attending classes. Other sanctions deemed appropriate may also be imposed.

As per the Employee Handbook, all employees are subject to the progressive discipline process.

 

These are minimum sanctions only. The University reserves the right to add additional sanctions as are appropriate.

 

Back to top

• A procedural error or omission occurred that significantly impacted the outcome of the Hearing or the sanction imposed;
• New evidence, unknown or not reasonably available during the investigation or Hearing, that could substantially impact the original finding;
• Review of whether sanctions imposed are substantially disproportionate to the severity of the violation.
•  All sanctions imposed by the Hearing Panel will be in effect during appeal. The original finding and sanctions will stand if the appeal is not timely filed or is not based on the grounds listed above.
• Appeals are not intended to be full re-hearings of the case, but are confined to a review of the written record of the original Hearing and pertinent documentation regarding the grounds for appeal.
•  The original finding and sanctions are presumed to have been decided reasonably and appropriately. The Appeal Officer can affirm the original findings, alter the findings where there is clear error, and/or alter the sanctions, depending on the basis of the requested appeal. Appeals granted based on new evidence should normally be remanded to the original Hearing Panel unless otherwise directed by the Title IX Appeal Officer.
• The formal investigative procedure will typically include interviews with the Complainant and Respondent separately and any identified witnesses. The investigator will also gather any available physical evidence, including, but not limited to, documents, communications between the parties, and other electronic records. The investigator(s) will conduct the investigation in a manner appropriate to the circumstances of the case with sensitivity and respect, mindful of individual privacy concerns.
•  At the conclusion of the investigation, the investigator(s) will prepare a written report that summarizes the information gathered, the areas of agreement and disagreement between the parties, and any supporting information or accounts.This document analyzes relevant facts that will be used in reaching a determination, based upon a clear and convincing evidence standard, of whether the Sexual Misconduct Policy has been violated.

• The written decision of the Hearing Panel will be communicated to both parties via email, concurrently. This letter will be sent within five business days after the Hearing has concluded, barring any exigent circumstances that may cause reasonable delay. The final outcome letter will include:the finding as to whether there has been a policy violation, the rationale for the result, and a brief summary of the evidence on which the decision is based. The notice will also include the sanction and rationale for the sanction. Both parties will be informed of their right to appeal on procedural grounds.
•  If a finding of responsibility is made, the Hearing Panel will consider, as part of its deliberations, whether sanctions will: (a) bring an end to the violation in question, (b) reasonably prevent a recurrence of a similar violation, and (c) remedy the effects of the violation on the Complainant and the University Community. In determining appropriate sanctions, the Panel may consider any record of past violations, as well as the nature and severity of such past violations. Any sanction imposed will be explained or supported in the written report.
• Student sanctions may include, but are not limited to:

• Employee sanctions may include, but are not limited to:

• All requests for a final appeal must be submitted in writing to the Title IX Coordinator or designee within five business days of the delivery of the written findings of the Hearing Panel.Either party may appeal, but appeals are limited to the following:

• The appeal will be considered in an impartial manner by the Appeal Officer. Dissatisfaction with the Hearing Panel’s decision is not grounds for appeal. The party requesting appeal must show that the grounds for a request have been met, and the opposing party may counter that the grounds have not been met.
• The Officer will issue a written decision via email and letter to all parties within five business days of receipt of the appeal from the Title IX Coordinator.
• The decision of the Appeal Officer is final and may not be appealed.

Back to top