Manhattan College Non-Discrimination and Sexual Misconduct Policy
Manhattan College is committed to ensuring equal access to its educational programs and employment opportunities without regard to sex, gender, race, color, national origin, religion, age, disability, pregnancy, gender identity, sexual orientation, predisposing genetic characteristics, marital status, veteran status, military status, domestic violence victim status, or ex-offender status. Manhattan College is committed to providing an environment free from sex and gender-based misconduct, including sex discrimination and sexual harassment. Title IX of the Education Amendment of 1972 is a federal law that prohibits discrimination on the basis of sex in educational programs, activities and employment practices. Therefore, students, employees, applicants and other members of the Manhattan College community (including but not limited to vendors, visitors, and guests) may not be subject to discrimination or harassment or otherwise treated adversely based upon a protected characteristic. This includes, without limitation, sexual harassment, sexual assault, domestic violence, dating violence, and stalking. Similarly, the College will not tolerate harassing, violent, intimidating or discriminatory conduct by its students, employees or any other member of or visitor to the College community.
This policy applies to conduct occurring on campus, during any College program or activity on or off-campus or abroad, including academic programs, admissions, athletics, recruitment, financial aid, housing, employment as well as certain off-campus conduct perpetrated or suffered by a Manhattan College student, employee, staff member, or third party member of the College community.
The College encourages individuals to report all gender-based misconduct immediately to the Title IX Coordinator or another College staff member. The College will fully and promptly investigate all allegations of gender-based misconduct and will impose disciplinary measures as may be appropriate.
The College strictly prohibits retaliation. Any person who attempts to penalize, intimidate or threaten a person who makes a report or cooperates in an investigation of gender-based misconduct, harassment or discrimination will be disciplined. Any person who believes he or she has been the victim of retaliation should immediately contact the Title IX Coordinator or one of her deputy coordinators.
This College policy is in accordance with federal and state laws and regulations prohibiting discrimination and harassment. These laws include Title IX (prohibiting discrimination and harassment based on sex), the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VII, the New York State Education Law, New York State Human Rights Law and the New York City Administrative Code.
Inquiries regarding the application of Title IX and other laws, regulations and policies prohibiting discrimination may be directed to:
Vicki Cowan, Title IX Coordinator, Affirmative Action Officer, Director of Human Resources, and ADA Coordinator for Faculty, Staff and Administration. Ms. Cowan can be reached at her office in 305 Memorial Hall, at (718) 862-7392, or by email at Vicki.firstname.lastname@example.org.
Anne Vaccaro, Director Specialized Resource Center/ADA Coordinator for Students Tel. (718) 862-7409, Building: 304A Miguel Hall, Email: Anne.email@example.com
Note – Please see Anne Vaccaro for student ADA issues only.
Inquiries may also be directed to the United States Department of Education’s Office for Civil Rights, 32 Old Slip 26th Floor, New York, NY 10005-2500; Tel. (646) 428-3800; Email OCR.NewYork@ed.gov.
Below are other individuals designated by the Title IX Coordinator to assist students, faculty, staff and other members of the College community:
Dr. Michael Carey, Dean of Students, Sr. Deputy Coordinator for Student Affairs
Tel. (718) 862-7999, Building: 5FL Thomas Hall, Email: Michael.firstname.lastname@example.org
Tiffany French, Assistant Dean of Students
Tel. (718) 862-6995, Building: 5Fl Thomas Hall, Email: Tiffany.French@manhattan.edu
Marilyn Carter, Director of HEOP, Deputy Title IX Coordinator for HEOP, Special Resource Center, Career Services, Academic Success
Tel. (718) 862-7958, Building: 301D Miguel Hall, Email: Marilyn.email@example.com
Juan Cerezo, Director, Public Safety, Deputy Title IX Coordinator, Public Safety, Physical Plant
Tel. (718) 862-7938, Building: 1FL Jasper Hall, Email: Juan.firstname.lastname@example.org
Dianna Cruz, Assistant Dean, School of Arts, Deputy Title IX Coordinator, Academic Advisement
Tel. (718) 862-7956, Building: 210 Miguel Hall, Email: Dianna.email@example.com
David Erosa, Assistant Director, Public Safety, Deputy Title IX Coordinator, Public Safety, Physical Plant
Tel. (718) 862-7328, Building: 1FL Jasper Hall, Email: David.firstname.lastname@example.org
Barbara Fabe, Vice President for Human Resources, Deputy Title IX Coordinator, Senior Administration, Administrative Personnel
Tel. (718) 862-7922, Building: 305 Memorial Hall, Email: Barbara.email@example.com
Dr. Shawn Ladda, Deputy Title IX Coordinator, Academics, O’Malley Library
Tel. (718) 862-7811, Building: 2FL Alumni Hall, Email: Shawn.firstname.lastname@example.org
Kathleen Muskopf, Director of Principal Gifts, Deputy Title IX Coordinator for College Advancement, Registrar, Finance
Tel. (718) 862-7434, Building: 1FL Memorial Hall, Email: Kathleen.email@example.com
Andrew Weingarten, Interim Director, Residence Life, Deputy Title IX Coordinator – Residence Life
Tel. (718) 862-7343, Building: 5FL Thomas Hall, Email: Andrew.firstname.lastname@example.org
Sex and Gender-Based Misconduct encompasses a broad range of behaviors including sex and/or gender discrimination which may or may not be sexual in nature. Sexual harassment, sexual assault and intimate partner violence such as domestic, dating violence and stalking are other types of gender-based misconduct prohibited by law and this policy. Gender-based misconduct can be perpetrated by men or women and can occur between people of the same or different sex.
Examples of gender-based misconduct include pressure to date or engage in a romantic or intimate relationship, unwelcome touching, kissing, hugging; inappropriate remarks about a person’s gender, gender expression, or sexual orientation; inappropriate sexual innuendo or humor; unnecessary or unwelcome references to parts of the body; and pressure for or forced sexual activities.
Sexual harassment is a type of gender discrimination and is prohibited by Title IX, other state and federal laws, and by Manhattan College policy. Sexual harassment may include unwelcome sexual advances, requests to engage in sexual conduct or for sexual favors, and other behavior of a sexual nature where:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment;
- Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; and/or
- Such conduct has the purpose or effect of substantially interfering with an individual’s academic or work performance, or of creating an intimidating, hostile or demeaning educational or employment environment.
Sexual harassment can be verbal, visual, or physical and can occur regardless of the relationship, position, gender, or sexual orientation of the parties involved. It can be overt (e.g., in a suggestion that a person can get a higher grade by submitting to sexual advances), or implied from conduct or circumstances. Sexual harassment can also consist of unwelcome attempts to make an educational or professional relationship into a personal one. It may include severe, persistent and pervasive unwelcome sexual flirtation or inappropriate or derogatory language, including jokes involving individuals or classes of people, or persistent requests for dates. A single incident or few incidents may not necessarily amount to harassment, but a single extreme incident could constitute prohibited discrimination or harassment. Sexual harassment can also include the display of offensive materials, unwelcome physical contact, or serious physical abuse such as sexual assault or rape.
Sexual Assault is any non-consensual, intentional physical contact of a sexual nature. Sexual assault includes:
- Non-Consensual Sexual Contact: Any intentional sexual touching, however slight and with any object or body part, that is without consent (as defined in this Policy) and/or by threat, intimidation, coercion, duress, violence, or by causing a reasonable fear of harm. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.
- Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, forcibly or without affirmative consent or where the victim is incapable of affirmative consent due to mental or physical incapacity. Statutory rape is non-forcible sexual intercourse with a person who is under the statutory age of consent. In New York, the statutory age of consent is 17 years old.
Domestic Violence may include violent acts by a current or former spouse; by a person with whom the victim shares a child in common, by a person who is or has cohabitated with the victim as a spouse; by a person similarly situated to a spouse; between a parent and child; between members of the same household in an intimate relationship; or by any other person similarly situated. Domestic violence may be physical, sexual, emotional or economic in nature.
Dating Violence can be violence or abusive behavior used by one partner to gain or maintain control over another partner. It can be violence committed by a person who is or has been in a social, romantic or intimate relationship with the victim. The existence of such a relationship will be determined by factors such as the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved.
Stalking is unwanted or obsessive attention by an individual or group toward a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or to suffer substantial emotional distress. Stalking may include the monitoring of an individual online or involve the use of social media, email or other technology. It may also include unwanted observation or surveillance. Stalking may include contact through a third party, the monitoring of an individual online or involve the use of social media, email or other technology. Examples of stalking include:
- Unwelcome and repeated visual or physical proximity to a person;
- Repeated oral or written threats;
- Extortion of money or valuables;
- Unwelcome/unsolicited written communication, including letters, cards, emails, instant messages, and messages on on-line bulletin boards;
- Unwelcome/unsolicited communications about a person, their family, friends, or co- workers;
- Sending/posting unwelcome and/or unsolicited messages with another username;
- Implicitly threatening physical conduct or any combination of these behaviors directed toward an individual person.
Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. This definition does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act;
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol;
- Consent may be initially given but withdrawn at any time;
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent;
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm;
- When consent is withdrawn or can no longer be given, sexual activity must stop;
- Children under 17 years of age cannot legally consent under New York State Law to having sex or sexual contact with an adult (i.e., someone who is 17 years of age or older). Any sexual contact in New York between a child under 17 and an adult is a crime, and any such illegal behavior between a University student under 17 and a University employee or employee of a contracted service provider to the University will be reported to an appropriate law enforcement agency. Other jurisdictions may have different standards, and any illegal behavior in such jurisdiction also will be reported to the appropriate law enforcement agency.
Incapacitation: occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Evaluating incapacitation requires an assessment of an individual’s:
- Decision-making ability;
- Awareness of consequences;
- Ability to make informed judgments;
- Capacity to appreciate the nature and the quality of the act; and
- Level of consciousness.
An individual who engages in sexual activity with someone the individual knows or reasonably should know is incapable of making a knowing, reasonable decision about whether to engage in sexual activity is in violation of this Policy.
Note about Alcohol and Drug Use: the consumption of alcohol and other drugs can have unintended consequences and create an atmosphere of confusion as to whether consent was freely given. If students do consume alcohol or other substances they are encouraged to do so responsibly.
See Appendix A for the College’s Alcohol and Drug Use Amnesty policy.
The College’s primary concern is for the safety and well-being of its students and other members of the College community. Therefore it is imperative that you report sexual assault, harassment and other forms of gender-based misconduct even if those involved may be violating other College policies, such as those regarding underage alcohol consumption. The College expects that members of the community will look out for each other and immediately report troubling behavior so that the College can put a stop to it, address the effects of the behavior, and prevent its recurrence. If you are not sure whether misconduct has occurred please contact the Title IX Coordinator or one of the other individuals listed here to discuss.
Safe Bystander Interventions
Observers of a sexual assault, or other types of gender or intimate partner misconduct such as sexual assault, domestic violence, dating violence, or stalking, may be able to help the victim. However, it is important that you do so in a positive manner and in a way that keeps you and the victim safe. Appropriate interventions will depend on the situation. Safe and appropriate options for bystanders may include calling 911 or the public safety office in violent or potentially violent situations, intervening if you believe someone is in a potentially uncomfortable or unsafe situation, and/or encouraging the target of such conduct to report the incident and seek support.
Manhattan College will not tolerate retaliation. Any attempt by a member of or visitor to the Manhattan College community to intimidate, penalize, or threaten a person who reports or who is otherwise involved or cooperating in a report of discrimination, misconduct, or harassment is strictly prohibited. Any person found to have participated in an act of retaliation will be disciplined accordingly. In some cases knowingly making a false report of discrimination or harassment can amount to retaliation.
Manhattan College’s greatest concern is for the safety and physical and mental health of all its students, faculty, staff, and guests and is committed to maintaining a welcoming and supportive educational climate. Therefore, the following procedures are available to all students, staff, administrators and faculty who feel they have experienced or witnessed gender-based misconduct, including sexual assault, domestic violence, dating violence, stalking, sexual harassment and gender discrimination as discussed above.
The College will promptly and equitably respond to all issues involving gender-based misconduct. It may be necessary to adjust on a case-by-case basis the procedures and timeframes discussed in this section due to the nature and complexity of the issues, the parties involved, and the College’s academic calendar. Both the complainant and the accused will be notified of procedural or timeframe adjustments.
All members of the College community, including students, staff, faculty, vendors, and visitors who experience, witness, or hear about gender-based misconduct, including sexual harassment and sexual assault, are encouraged to immediately contact the College’s Title IX Coordinator, Vicki Cowan, in person at 305 Memorial Hall, by phone at (718) 862-7392, or by email at email@example.com, or reach out to any of deputy Title IX Coordinators listed here. In an emergency please call 9-1-1 or the Public Safety at (718) 862-7333. There is no time limit on how long after an incident you can make a report of misconduct. However, the College’s ability to respond to a report may be hindered by the length of time between the alleged misconduct and the report itself.
Once the College is informed of alleged misconduct, the Title IX Coordinator or her designee will notify the complainant and the accused of their rights. See Appendix B for Students’ Bill of Rights.. The Title IX Coordinator will help the parties navigate the formal complaint process, access appropriate medical, emotional or academic services, discuss possible interim arrangements during the investigation and resolution phases, understand your rights, and answer your questions along the way. The College will endeavor to promptly, thoroughly and impartially investigate and resolve all complaints. The Title IX Coordinator and/or her designee will therefore respond to every report of alleged sex or gender-based misconduct, facilitate the implementation of measures to stop the behavior, and take steps to prevent its recurrence.
Reporting Misconduct to Law Enforcement
If you have been the victim or target of a sexual assault or other type of sexual misconduct, you may also contact the NYPD in addition to the College. The local NYPD precinct is the 50th Precinct and is located 3450 Kingsbridge Avenue, Bronx, and NY 10463 and can be reached at (718) 543-5700. You do not have to file a report with the police, but if you would like to do so, someone from the College can accompany you to the local police precinct to support you through the process. The College can also provide you with information about the process of obtaining a judicial order of protection. In certain circumstances, depending on the type of conduct alleged and the parties involved, the College may be independently obligated to contact the police. The College will continue its own investigation into the alleged conduct, regardless of whether or not the police decide to pursue their own investigation. The College will cooperate with all police investigations and will honor and enforce any judicial no-contact, restraining, or protective orders the parties may obtain outside the College process.
Any College official (e.g. faculty member, residence life staff member, dean) informed of possible discrimination, harassment or sex or gender-based misconduct must report it to the Title IX Coordinator. However, certain College officers who serve in a privileged professional capacity (e.g. rape crisis counselors, medical service providers, counselors, and the clergy) are not necessarily bound by this requirement, except as required by law. Confidential resources are listed below. Even College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide of a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.
If a reporting individual discloses an incident to a College employee who is responsible for responding to or reporting sexual assault, domestic violence, dating violence, or stalking, but wishes to maintain confidentiality or does not consent to the College’s request to initiate an investigation, the Title IX Coordinator will weigh the request against the College’s obligation to provide a safe, non-discriminatory environment for all member of its community. The College will assist with academic, housing, transportation, employment and other reasonable and available accommodations regardless of reporting choices.
Upon receipt of a report, the Title IX Coordinator and those assisting with an investigation and those participating in any disciplinary proceedings, will make all reasonable efforts to maintain the privacy of those involved. The College understands that reports of this nature can be difficult, emotional and stressful. Therefore the College will only share information as is needed to conduct a prompt, thorough and effective investigation. All members of the College community should understand that even if the complainant asks the College not to pursue an investigation, or decides to attempt to resolve the situation informally, the College may still need to investigate the allegations and address the conduct.
After the receipt of a report of gender-based misconduct, the Title IX Coordinator or one of her deputy coordinators will meet with the complainant to gather as much information as possible. The Title IX Coordinator and/or her designee(s) will also meet with any witnesses or individuals who may have information about the conduct at issue. The Title IX Coordinator or her designee will counsel the accused on the available academic and other emotional supports available.
If after this initial fact-finding phase the College determines that a violation of College policy may have occurred, it will proceed with a full investigation. The accused will be notified that an investigation is underway and will be afforded the opportunity to independently meet with the Title IX Coordinator or her designee to review this procedure and to have his/her rights explained. The Title IX Coordinator or her designee(s) will also meet with the accused to listen to his or her side of the story and to gather any evidence he or she may offer to better understand the nature of the conduct at issue. The accused will also have the opportunity to submit names of individuals with knowledge of the situation and the College will follow up with those individuals. The Title IX Coordinator or her designee will counsel the accused on the available academic and other emotional supports available. The College will notify the parties in writing prior to any meeting that they are required or eligible to attend.
During an investigation, the Title IX Coordinator or an appropriate designee may ask for written statements and other documents or evidence which may aid in the investigation. Therefore, it is important to preserve all evidence associated with the conduct or that you think might help others understand what happened. Such evidence can include text messages, Facebook or Instagram posts, photos, voicemails, emails, or items of clothing.
During the investigation process interim measures will be discussed with the parties and implemented as may be appropriate. Possible interim measures available to students, faculty, staff or other individuals participating in this process may include a change in class schedule, housing arrangements and/or work arrangements. The parties may request that the College issue a “no contact” order, which prohibits the parties from interacting and restricts one or both party’s access to certain areas of campus. “No contact” orders are usually not indefinite and either party may request that the Title IX Coordinator or her designee amend or revoke a “no contact” order. Intentional and/or repeated violations of a College-issued “no contact” order are a violation of this Policy and may result in additional disciplinary charges and disciplinary sanctions.
Depending on the nature of the problem, possible supports and remedies for the parties involved, may include depending on availability and resources, but are not limited to: ensuring the complainant and the accused do not attend the same classes, live in the same residence halls, or eat at the same time in the same dining halls; provide academic, counseling, or medical services; and arrange for the parties to retake or withdraw from a course without penalty.
In some misconduct cases mediation may be an appropriate interim measures. However, in cases that involve a potential sexual assault or other forms of sexual violence or intimidation, domestic violence, dating violence, or stalking, mediation is not an appropriate option. Mediation will only be pursued with the consent of both the complainant and the accused. At any time during the mediation process the complainant may stop the mediation and the matter will proceed to a formal investigation and hearing phase.
Both the accused and the complainant will be updated throughout the investigation process. At the close of an investigation, the Title IX Coordinator or her designee with prepare an Investigation Report detailing the content of interviews and the evidence gathered Both parties will be provided access to the Investigation Report and be given an opportunity to correct any inaccuracies that they believe exist.
Once the investigation is complete the matter will then proceed to a hearing before a hearing officer designated by the College in order to determine whether the accused is responsible, in whole or in part, for the alleged misconduct. The hearing officer will make this assessment based on a preponderance of the evidence. The Title IX Coordinator will forward the Investigation Report to the hearing officer for his or her review. The parties will be notified in writing of the date, time, and location of the hearing. Both parties are encouraged to attend the hearing. Arrangements can be made for a party to appear at the hearing by video or audio conference.
The accused and the complainant have the right to challenge the choice of hearing officer if the appointment of a specific hearing officer creates a real or perceived conflict of interest. The hearing officer will be chosen based on the parties involved and the nature of the allegations.
Each party will have an opportunity to submit further evidence prior to the hearing and will be afforded the opportunity to review this additional evidence before the start of the hearing. Both parties will be notified before the hearing of the possible sanctions.
At the hearing both parties will have the opportunity to present witnesses and testimony. The burden of proof will not be solely on any one party. Should the accused fail to attend the hearing, the hearing may continue in the accused’s absence.
The hearing officer will make a determination based on the preponderance of the evidence, which means he or she will determine whether it is reasonable to conclude, based on the evidence available, that it is more likely than not that the alleged conduct occurred. Both parties may bring an advisor or support person of choice with them to the hearing, and during any phase of proceeding discussed in this Policy. Advisors/support persons are not be allowed to participate in the hearing process itself.
The complainant and the accused will simultaneously be notified in writing of the hearing officer’s determination and any sanction imposed. After the hearing, but before the hearing officer delivers his/her written determination of responsibility and sanction, if any, the parties will have the opportunity to submit an impact statement for the hearing officer’s consideration with regard to sanction. Both parties will be given written notice of the outcome of the hearing.
Appropriate disciplinary sanctions will be determined according to the parties involved and the severity and/or duration of the conduct. Possible sanctions include exclusion from certain College buildings, classes, residence halls, and College events; suspension, expulsions, and/or discharge from employment or enrollment. Individuals doing business at the College or third party vendors found to be in violation of this policy may be banned from the College and the College will notify their respective employers of all charges and disciplinary outcomes. Visitors may be banned from the College. Possible sanctions for gender-based misconduct, including sexual harassment, sexual assault, domestic violence, dating violence, and stalking are suspension, termination of employment, and expulsion.
Resolution and Appeal
Both the complainant and the accused have the right to appeal the outcome of the hearing officer’s determination of responsibility and/or sanction. An appeal may be made in only certain limited circumstances, as follows: (1) a party believes a procedural error substantially impacted the original finding or sanction; (2) a party has substantial new evidence that was not available during the investigation or hearing and which would substantially impact the original finding or sanction; or (3) a party feels that the sanction is substantially outside the scope or guidelines set by the Manhattan College Community Standards and Student and Faculty Code of Conduct.
Requests for an appeal must be made in writing, include the grounds for appeal, and be received by the Title IX Coordinator within 5 business days of receipt of notification of the hearing officer’s decision.
Appeals of the hearing administrator’s decision will be heard by an Appeal Panel. All appellate decisions are final. Both parties will be informed of the outcome of any appeal.
* Notwithstanding the foregoing procedures, findings and recommendations for sanction concerning faculty and represented employees will be further subject to the provisions of the appropriate collective bargaining agreement or the faculty handbook/policy
Students suspended or expelled for committing an act of sexual assault, domestic violence, dating violence, stalking or a “violent crime,” as defined by the Clery Act, will have a notation placed on their transcript as follows: “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” The College will consider requests to remove transcript notations. A transcript notation will not be removed prior to one year after conclusion of the suspension. Expulsion notations will not be removed in any case. Appeals seeking removal of a transcript notation may be addressed to the Title IX Coordinator. If a finding of responsibility is vacated for any reason, a corresponding transcript notation will be removed.
If an accused student withdraws from the College while charges are pending and declines to complete the disciplinary process the following notation will be placed on his/her transcript: “withdrew with conduct charges pending.”
Generally the investigation and resolution process will take 60 days. However, that timeframe may be reasonably amended on a case by case basis depending on the time of year, the nature of the allegations, the parties involved, or as may be necessary to ensure a thorough and fair investigation of the allegations.
The College will make all reasonable efforts to ensure that future harassment, discrimination and misconduct does not occur and that the parties and those who participated in the investigation and hearing process do not experience any form of retaliation. The College will also take appropriate steps to address the discriminatory effects of the misconduct including offering training programs, presentations that address issues of sex discrimination, sexual harassment and gender-based misconduct, as well as counseling services and academic support.
If you experience subsequent harassing, discriminatory, threatening or retaliatory conduct, you should immediately report it to the Title IX Coordinator. Someone from the College will follow up with both parties after the resolution of the matter to determine whether there have been any new or recurring misconduct.
Should a complainant or any other individual experience continuing, additional or new forms of discrimination, harassment, misconduct, or retaliation he or she should immediately inform the Title IX Coordinator or one of her designees listed here.
College Chaplain, Fr. George H. Hill
Tel. (718) 862-7972, Building: 1FL Miguel Hall, Email: George.firstname.lastname@example.org
College Counseling Center
Tel. (718) 862-7394, Building: 5FL Miguel Hall [http://manhattan.edu/student_life/counseling-center]
RAPE Crisis Hotline
Tel. (914) 345-9111, [http://nyscasa.org/responding/crisiscenters]
Safe Horizon’s Rape, Sexual Assault, and Incest Hotline
Tel. (212) 227-3000, [http://www.safehorizon.org/index/get-help-8/call-our-hotlines-51.html]
Dean of Students’ Office: Dean Michael Carey
Human Resources Office
Student Health Center
Tel. (718) 862-7217, Building: 104 Alumni Hall
New York City Police Department 50th Precinct
Tel. (718) 543-5700, 3450 Kingsbridge Avenue, Bronx, NY 10463
In an emergency, please call: 911 or the College Public Safety Office at 718-862-7333 (24/7).
Alcohol and/or Drug Use Amnesty
The health and safety of every student at the College is of utmost importance. The College 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 College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to a College official or law enforcement will not be subject to a 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.
The College will provide students with the resources to respond to high risk drinking and other drug abuse. In a crisis, students are encouraged to seek assistance by contacting the Public Safety Department at 718-862-7333 or the College’s Counseling Center at 718-862-7394.
Students’ Bill of Rights
All students have the right to:
- Make a report to local law enforcement and/or state police;
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
- Access to at least one level of appeal of a determination;
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
To file a report of misconduct with the College, please contact one of the individuals listed here.
Confidential reporting options:
College Chaplain, Fr. George H. Hill Tel. (718) 862-7972, Building: 1FL Miguel Hall, Email: George.email@example.com
College Counseling Center Tel. (718) 862-7394, Building: 5FL Miguel Hall [http://manhattan.edu/student_life/counseling-center]
RAPE Crisis Hotline Tel. (914) 345-9111, [http://nyscasa.org/responding/crisiscenters]
Safe Horizon’s Rape, Sexual Assault, and Incest Hotline Tel. (212) 227-3000, [http://www.safehorizon.org/index/get-help-8/call-our-hotlines-51.html]
New York Crime Definitions
The Violence Against Women Act (VAWA) and its regulations require the College to include certain New York State definitions in their Annual Security Report and also require that these definitions be provided in other materials disseminated by the College. Relevant New York definitions are set forth below.
CONSENT: Lack of consent results from: forcible compulsion; or incapacity to consent; or where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor’s conduct. Where the offense charged is rape in the third degree, a criminal sexual act in the third degree, or forcible compulsion in circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood such person’s words and acts as an expression of lack of consent to such act under all the circumstances. A person is incapable of consent when he or she is: less than 17 years old; or mentally disabled; or mentally incapacitated; or physically helpless; or committed to the care and custody of the state department of correctional services, a hospital, the office of children and family services and is in residential care, or the other person is a resident or inpatient of a residential facility operated by the office of mental health, the office for people with development disabilities, or the office of alcoholism and substance abuse services, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital.
CONSENT, ABBREVIATED: Clear, unambiguous, and voluntary agreement between the participating to engage in specific sexual activity.
DATING VIOLENCE: New York State does not specifically define “dating violence.” However, under New York Law, intimate relationships are covered by the definition of domestic violence when the crime is committed by a person in an “intimate relationship” with the victim. See “Family or Household Member” for definition of “intimate relationship.”
DOMESTIC VIOLENCE: An act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act.
FAMILY OR HOUSEHOLD MEMBER: Person’s related by consanguinity or affinity; persons legally married to one another; person formerly married to one another regardless of whether they still reside in the same household; persons who have a child in common regardless of whether such persons are married or have lived together at any time; unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation. Intimate relationship status shall be applied to teens, lesbian/gay/bisexual/transgender, and elderly individuals, current and formerly married and/or dating heterosexual individuals who were, or are in an intimate relationship.
PARENT: means natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.
SEXUAL ASSAULT: New York State does not specifically define sexual assault. However, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape.
SEX OFFENSES; LACK OF CONSENT: Whether or not specifically stated, it is an element of every sexual act committed without consent of the victim.
SEXUAL MISCONDUCT: When a person (1) engages in sexual intercourse with another person without such person’s consent; or (2) engages in oral sexual conduct or anal sexual conduct without such person’s consent; or (3) engages in sexual conduct with an animal or a dead human body.
RAPE IN THE THIRD DEGREE: When a person (1) engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) Being 21 years old or more, engages in sexual intercourse with another person less than 17 years old; or (3) engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
RAPE IN THE SECOND DEGREE: When a person (1) being 18 years old or more, engages in sexual intercourse with another person less than 15 years old; or (2) engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense to the crime of rape in the second degree the defendant was less than four years older than the victim at the time of the act.
RAPE IN THE FIRST DEGREE: When a person engages in sexual intercourse with another person (1) by forcible compulsion; or (2) who is incapable of consent by reason of being physically helpless; or (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.
CRIMINAL SEXUAL ACT IN THE THIRD DEGREE: When a person engages in oral or anal sexual conduct (1) with a person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) being 21 years old or more, with a person less than 17 years old; (3) with another person without such persons consent where such lack of consent is by reason of some factor other than incapacity to consent.
CRIMINAL SEXUAL ACT IN THE SECOND DEGREE: When a person engages in oral or anal sexual conduct with another person (1) and is 18 years or more and the other person is less than 15 years old; or (2) who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense that the defendant was less than four years older than the victim at the time of the act.
CRIMINAL SEXUAL ACT IN THE FIRST DEGREE: When a person engages in oral or anal sexual conduct with another person (1) by forcible compulsion; (2) who is incapable of consent by reason of being physically helpless; (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.
FORCIBLE TOUCHING: When a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. It includes squeezing, grabbing, or pinching.
PERSISTENT SEXUAL ABUSE: When a person commits a crime of forcible touching, or second or third degree sexual abuse within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions of one of one of the above mentioned crimes or any offense defined in this article, of which the commission or attempted commissions thereof is a felony.
SEXUAL ABUSE IN THE THIRD DEGREE: When a person subjects another person to sexual contact without the latter’s consent. For any prosecution under this section, it is an affirmative defense that (1) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than 17 years old; and (2) such other person was more than 14 years old and (3) the defendant was less than five years older than such other person.
SEXUAL ABUSE IN THE SECOND DEGREE: When a person subjects another person to sexual contact and when such other person is (1) incapable of consent by reason of some factor other than being less than 17 years old; or (2) less than 14 years old.
SEXUAL ABUSE IN THE FIRST DEGREE: When a person subjects another person to sexual contact (1) by forcible compulsion; (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old; or (4) when the other person is less than 13 years old.
AGGRAVATED SEXUAL ABUSE: For the purposes of this section, conduct performed for a valid medical purpose does not violate the provisions of this section.
AGGRAVATED SEXUAL ABUSE IN THE FOURTH DEGREE: When a person inserts a (1) foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old; or (2) finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than 17 years old.
AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE: When a person inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person (1)(a) by forcible compulsion; (b) when the other person is incapable of consent by reason of being physically helpless; or (c) when the other person is less than 11 years old; or (2) causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.
AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE: When a person inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person by (1) forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old.
AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE: When a person subjects another person to sexual contact: (1) By forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than eleven years old; or (4) when the other person is less than thirteen years old and the actor is twenty-one years old or older.
STALKING IN THE FOURTH DEGREE: When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or (2) causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.
STALKING IN THE THIRD DEGREE: When a person (1) commits the crime of stalking in the fourth degree against any person in three or more separate transactions, for which the actor has not been previously convicted; or (2) commits the crime of stalking in the fourth degree against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) with an intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or (4) commits the crime or stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.
STALKING IN THE SECOND DEGREE: When a person: (1) commits the crime of stalking in the third degree and in the course of and furtherance of the commission of such offense: (a) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, slingshot, slungshot, shirken, “Kung Fu Star,” dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapons; or (b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (2) commits the crime of stalking in the third against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree; or (4) being 21 years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or (5) commits the crime of stalking in the third degree, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.
STALKING IN THE FIRST DEGREE: When a person commits the crime of stalking in the third degree or stalking in the second degree and, in the course and furtherance thereof, he or she intentionally or recklessly causes physical injury to the victim of such crime.