Policy Procedures
I. Jurisdiction
- The College 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 College. In addition, there are also many off-campus resources.
- Designated College Officials
The following are key Staff members to whom a report may be made via email, phone or in person:
Title IX Email Account
TitleIX@mville.edu
Seann Kalagher – 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
Stephanie Carcano-- Human Resources Generalist/Benefits
Title IX Deputy Coordinator
Chapel Corridor - Room 206
914.323.5138
Stephanie.Carcano@mville.edu
Julene Caulfied-- Director for Athletics & 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 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.
B. Mandated Reporters
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.
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.
- Confidential Reporting
While steps are taken to protect the privacy of all involved, individuals should understand that a report to any College 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 Counseling and Wellness 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 & Counseling Center is:
Melissa Boston, Psy.D
Assistant 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 College 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.
D. Off-Campus Resources
Individuals may also elect to contact off-campus support services and resources. The following organizations can provide crisis intervention services, counseling, medical attention and assistance in interfacing with the criminal justice system:
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.
III. Filing a Report
- 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.
- The Title IX Coordinator and other appropriate offices will determine which College 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 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.
C. 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. This temporary delay should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay. The College will promptly resume its investigation and processes once notified by law enforcement that the initial evidence collection process is complete.
IV. Initial Assessment
- 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.
- The Title IX Coordinator and other appropriate offices will determine which College 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.
- 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 College 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.
- 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 within 90 days. The time allotted for the procedural appeal process is not included in the 90 days.
V. Interim Measures
- 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 College;
- Offering academic adjustments.
- The College may issue a No Contact Contract to both parties, whereby continued intentional contact by the Respondent with the Complainant would be a violation of College 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 College’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.
VI. Investigation
A. Pending Civil and/or Criminal Procedures
- The College’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 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.
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 College concludes that informal resolution is appropriate, the College 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 College 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
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 College 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 College’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 College 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 College. Requires 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 College. 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 College.
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 College 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 College 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 college rule or regulation or an order from a College official, the student will be immediately suspended from the College.
Suspension: Separation from the College 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 College. A student who is dismissed will be ineligible to return or graduate from Manhattanville College.
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.
Issuance of an acceptable apology and commitment to cease and desist.
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.
No Contact Order: A formal directive issued by the College. Requires 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 College. 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 Contract is subject to disciplinary action. Under this Policy, a No Contact Order may also be instituted as a non-punitive remedy.
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.
Policy Violation
Minimum Recommended Sanction
Sexual Assault
Suspension from the College for a period of not less than one year and permanent eviction or restriction from College housing, and permanent restriction from campus. After the suspension is completed, the restriction from College 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 College for a period of not less than one year and permanent eviction or restriction from College housing, and permanent restriction from campus. After the suspension is completed, the restriction from College 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 College for a period of not less than one year and permanent eviction or restriction from College housing, and permanent restriction from campus. After the suspension is completed, the restriction from College 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
College 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 College 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
College 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 College 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 College reserves the right to add additional sanctions as are appropriate.
VIII. Procedural Appeal to Appeal Officer
- 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 College 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.
IX. Transcript Notation
- 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 a notation on the transcript of students found responsible after a conduct process that they were ‘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.’ For the Respondent who withdraws from the College while such conduct charges are pending, and declines to complete the disciplinary process, the College shall make a notation on the transcript of such students that they ‘withdrew with conduct charges pending.’” NY Educ. Law § 6444.