Sexual Misconduct Policy
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SEXUAL MISCONDUCT AND GRIEVANCE POLICY SECTION TITLE 1. Purpose 2. Policy 3. Definitions of Prohibited Conduct Under This Policy 4. Definitions and Terms Related To This Policy 5. Grievance Process for Reporting Prohibited Conduct Under This Policy 6. Confidential Resources 7. Interim Supportive Measures 8. Formal Complaint Filing 9. Informal Resolution 10. Investigation Process 11. Hearing Procedures 12. Sanctions 13. Transcript Notations 14. Withdrawal, Graduation, or Resignation While Charges Pending 15. Appeals 16. Application to College Employees, Including Faculty and Staff 17. False Claims 18. Retaliation Addendum A. Notification of Rights (NYS Ed 129-b) Addendum B. Code of Decorum for Advisors 1. PURPOSE Mount Saint Mary College is committed to providing an educational environment free from any form of discrimination and harassment. In accordance with applicable federal and state laws, the College strives to eliminate any form of discrimination, harassment, or sexual misconduct. The policies and procedures that follow specifically address sexual misconduct. The purpose of this policy is to help Mount Saint Mary College protect the safety, rights, and dignity of all students, faculty, administrators, staff, and visitors without regard to person or position. The purpose of this policy is to establish a clear, fair, and predicable grievance policy for addressing both formal complaints of sexual harassment under Title IX regulations and those grievances involving violations of campus policy that involve sex-based offenses falling outside Title IX jurisdiction. Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex, including sexual orientation or gender identity, in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities. On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that: • Defines the meaning of “sexual harassment” (including forms of sex-based violence) • Addresses how this institution must respond to reports of misconduct falling within that definition of sexual harassment, and • Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment. The Title IX Grievance process is included in this policy and will become effective August 14, 2020. This Sexual Misconduct and Grievance Policy defines certain behavior as a violation of campus policy, including, but not limited to, Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and related sex-based offenses. To the extent that alleged misconduct falls outside the formal Title IX Grievance procedure, or misconduct falling outside the Title IX Grievance procedure is discovered in the course of investigating covered Title IX misconduct, the College retains authority to investigate and adjudicate the allegations as non- Title IX sexual misconduct via the steps outlined in this policy. 2 2. POLICY This policy applies to all conduct occurring on campus or at College-sponsored events or other College education programs or activities. Behaviors cited in this policy that occur off campus, on private property, or online, including calls, texts, emails and social media or business travel, even if they occur on private devices or during non-work hours, may still be addressed by the College when the off campus behavior/conduct affects a substantial College interest. This is defined by: • Any action that constitutes criminal offense as defined by Federal or NYS law. • Any situation when it appears the accused individual may present a danger or threat to the health or safety of self or others. • Any situation that significantly infringes upon the rights, property of self or others or creates a significant disruption and/or • Any situation that is detrimental to the educational interests of the College. • This policy applies to all students, employees, paid or unpaid interns, vendors, and non- employees and all must follow and uphold this policy. This policy must be provided to all employees and should be posted prominently in all work locations to the extent practicable (for example, in a main office, not an offsite work location) and be provided to employees upon hiring. For the purposes of a Title IX grievance, the College’s “education program or activity” includes: • Any on-campus premises • Any off-campus premises that the College has substantial control over. This includes buildings or property owned or controlled by a recognized student organization. • Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of College’s programs and activities over which the College has substantial control. The polices set out here reflect the College’s commitment to a safe and nondiscriminatory educational environment consistent with Title IX, the Violence Against Women Act (“VAWA”), and New York Stat Education Law 129-B. In accordance with NYS Education Law Section 6443 of Article 129-B, students have a “Bill of Rights” that are provided to them in conjunction with the rights and privileges afforded to them in this policy. Addendum “A” is located at the end of this policy and provides a complete list of these rights. NONDISCRIMINATION STATEMENT In accordance with its obligations pursuant to Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments Act of 1972, Section 504 of the Rehabilitation Act of 1973 and other federal, state and local laws, Mount Saint Mary College does not discriminate on the basis 3 of race, color, sex, disability, age, religion, creed, national or ethnic origin, sexual orientation, gender identity or any other characteristic or classification protected by federal, state or local law, in the administration of any of the College’s educational programs or activities, admissions policies, athletics or other school administered programs, scholarship or loan programs. Pursuant to, and consistent with its obligations under Title IX and New York State law, the College prohibits sexual harassment, sexual misconduct and sexual violence, in connection with any of its educational programs, activities or employment practices. Mount Saint Mary College has designated a Title IX Coordinator, who is primarily responsible for coordinating the College’s compliance with Title IX and other federal, state and local laws relating to sex-based discrimination, as well as handling inquiries and questions regarding the College’s non-discrimination policies. The College’s Title IX Coordinator is also responsible for overseeing the school’s response to Title IX reports and complaints and identifying and addressing any patterns or systemic problems revealed by such reports and complaints. Mount Saint Mary College Title IX Coordinator(s) and Section 504 Compliance Officer, who is responsible for handling disability-related issues, are: Title IX Coordinator: Matthew Byrne, Garden Apartments 1, Room 205, 845-569-3597, [email protected] Deputy Title IX Coordinator: Melissa Caridi, 45 Elmwood Place, 845-569-3229, [email protected] Section 504 Compliance Officer: Alisha McCorvey, Executive Director of Counseling and Disability Services, Aquinas Hall room 107, 845-569-3641, [email protected] Director of Student Conduct: Hudson Hall, Office of Residence Life, 845-569-3732, [email protected] The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a Complainant, Respondent, or Witness. A student may also file a complaint with the following agencies: United States Department of Education, Office for Civil Rights at 32 Old Slip, 26th Floor, New York, New York 10005 ocrcas.ed.gov; and the New York State Division of Human Rights at 99 Washington Avenue, Albany, New York 12210. An employee may also file a complaint with the following agencies: Equal Employment Opportunity Commission (EEOC) at the New York District Office, 33 Whitehall Street, 5th Floor, New York, New York 10004; the New York State Division of Human Rights at 99 Washington 4 Avenue, Albany, New York 12210; or the United States Department of Education, Office for Civil Rights at 32 Old Slip, 26th Floor, New York, New York 10005. DISABILITY ACCOMMODATIONS This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance procedures that do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties,