Sexual Misconduct Policy

Title IX states that:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance".

Each institution must designate at least one employee to evaluate current policy practices, coordinate college wide educational programming and training to ensure an institution's compliance with Title IX, coordinate efforts to effectively and efficiently respond to complaints of sex discrimination, including complaints of sexual harassment, sexual violence, domestic violence, stalking and dating violence and ensure as much as possible that every student has an equal education. If you would like to file a complaint or give notice of a violation of Title IX, please contact one of the following Title IX Committee Members:

Seann Kalagher, J.D., M.S.Ed.
Chief Compliance Officer/Title IX Coordinator

Reid Castle – Room 230

914.323.5379

Seann.Kalagher@mville.edu

Sharlise Smith-Rodriguez

Dean of Students

Title IX Deputy Coordinator

Reid Castle Room 227

914.323.3134

Sharlise.Smith@mville.edu

Julene F. Caulfield

Associate Director for Athletics

Title IX Deputy Coordinator

Kennedy Gym – Main Floor

914.323.7285

Julene.Fisher@mville.edu

Stephanie Carcano

Human Resources Generalist/Benefits

Title IX Deputy Coordinator

Chapel Corridor - Room 206

914.323.5138

Stephanie.Carcano@mville.edu

The Title IX Coordinator is formally designated to coordinate the College’s compliance efforts regarding reports of sexual misconduct and discrimination by members of the College Community. The Coordinator will oversee the review, investigation and resolution of all reports under this Policy.

Individuals may also choose to report incidents of prohibited conduct to College 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 College'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 College 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 College.

Confidentiality

Manhattanville College will make every effort to maintain the identities of students who seek help and/or report sex discrimination to the extent possible within the investigation. While steps are taken to protect the privacy of all involved and information relating to the complaint or investigation will only be disclosed to College officials on a “need to know” basis, the College may need to take steps to investigate an incident and take action, whether or not the student chooses to pursue a complaint.

A student’s request for confidentiality or that his/her name not be revealed may limit the College’s ability to investigate the allegations. Due to this consideration, the College may not be able to maintain confidentiality, even at the request of the student; the Title IX Coordinator will notify the student(s) if confidentiality cannot be maintained.

All parties involved are expected to maintain the confidentiality of the process. Failure by any individual to maintain confidentiality is a breach of this policy and may lead to disciplinary action.

Bystanders

The welfare of students in our community is of paramount importance. At times, students on and off-campus may need assistance. The College encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others for fear that they may get themselves in trouble. The College pursues a policy of medical amnesty for students who offer help to others in need.

How to File a Complaint/Grievance

As stated in the Sexual Misconduct Policy, any member of the Manhattanville College community who believes that s/he has been the victim of these of sex discrimination, including complaints of sexual harassment, sexual violence, domestic violence, stalking and dating violence should immediately contact the Title IX Coordinator, Deputy Title IX Coordinators, or Campus Safety to learn more about the resources, the College’s process and procedures, and to file a complaint/report. Below is the process to file a complaint:

• A Complainant has the right, and can expect, to have reports taken seriously by the College 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 College 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 College policy.

Complainant’s Request Not to Pursue 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 College will likely be unable to honor a request for confidentiality. Where the Complainant requests confidentiality and the circumstances allow the College to honor that request, the College may offer interim supports and remedies to the Complainant and the Community, but will not otherwise pursue formal action.

Privacy in Reporting

The College 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.

Receipt of Notice

• Upon receipt of notice of any allegation of sexual misconduct, the College shall ensure that Complainants are advised of their right to:
• “notify proper law enforcement authorities, including on-campus and local police;
• be assisted by campus authorities in notifying law enforcement authorities if the Complainant so chooses; and
• decline to notify such authorities.”

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

The College 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 College will assist the Complainant in doing so. Any criminal investigation performed by law enforcement will be separate from the investigation performed by the College. 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 College 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 College will promptly resume its investigation and processes once notified by law enforcement that the initial evidence collection process is complete.

Following receipt of notice or a report of misconduct, the Title IX Coordinator or designee will immediately appoint two investigators to 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 investigation 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.

Normally within five business days, at the conclusion of the initial Title IX assessment, the Title IX Coordinator will determine: (1) whether a policy violation may have occurred, and (2) the appropriate manner of resolution, either through an Informal Conflict Resolution process or the initiation of a more Formal Investigation and Proceeding. If the reported misconduct does not appear to violate a policy, then the report does not proceed to a full investigation, unless a pattern of misconduct is suspected.

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. S/he may accompany the Complainant or Respondent to any meeting or related proceeding with an investigator or a College employee. While the Support Person may confer quietly with the Complainant or Respondent to provide advice or support, s/he may not speak or write on the Complainant or Respondent’s behalf or otherwise actively participate in the meeting or proceeding.

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 College will make every effort to successfully resolve all reports (through the imposition of sanctions) within 60 days. The time allotted for the procedural appeal process is not included in the 60 days.

Procedural Appeal to Title IX Appeal Officer

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:

• 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.

The appeal will be considered in an impartial manner by the Title IX 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 original finding and sanctions are presumed to have been decided reasonably and appropriately.

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 rehearings 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.

Appeal decisions are to be deferential to the original decision. The Title IX 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 Title IX Appeal Officer will issue a written decision via email to all parties within five business days of receipt of the appeal from the Title IX Coordinator. The decision of the Title IX Appeal Officer is final and may not be appealed.

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 College 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 College 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 College 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 College.

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 college 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 College’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:
   1. Alleged new evidence – only if the new evidence is of such a nature as to be reasonably likely to change the outcome of the original investigation and was unavailable at the time of the original investigation.
   2. Alleged defect in procedure – only if the defect in the original investigation is sufficiently substantial to be reasonably likely to change the outcome.
3. Ordering dismissal of the case where false evidence was presented.

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:

• The conduct process was not in accord with the rules and regulations governing the College’s conduct process, and this deprivation materially affected the decision; and/or
• 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:

• Possible modification of the sanction, including increasing the penalty.
• Ordering reconsideration by the original conduct officer or designee based on:
  • Alleged new evidence – only if the new evidence is of such a nature as to be reasonably likely to change the outcome of the original investigation and was unavailable at the time of the original investigation.
  • Alleged defect in procedure – only if the defect in the original investigation is sufficiently substantial to be reasonably likely to change the outcome.
  • Ordering dismissal of the case where false evidence was presented.

Resources

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

Here are on-campus and off-campus support services available for the complainant, respondent, and witnesses

On Campus:

Campus Safety:	1-(914) 323-7233
Counseling Center:	1-(914) 323-5155
Health Center:	1-(914) 323-5245

Off Campus:

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 & 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
Title IX Official Website:	www.notalone.gov
Victims Assistance Services:	1-914-345-9111
Westchester Medical Center (FACT): http://www.westchestermedicalcenter.com/fact	1-914-493-8671
White Plains Hospital:	1-914-681-1155

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

Region II – New York (New Jersey, New York, Puerto Rico, Virgin Islands)

Office for Civil Rights

U.S. Department of Education

32 Old Slip, 26th Floor

New York, NY 10005-2500

Telephone: (646) 428-3800

Facsimile: (646) 428-3843

Email: OCR.NewYork@ed.gov

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 College; however, if the Respondent is no longer a student or employee, the College’s authority to pursue disciplinary action may be limited.