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.