UMSV 603 Sexual Misconduct and Reporting
Policy Name: Sexual Misconduct and Reporting
The University seeks to foster a safe and healthy environment built on mutual respect and trust. At the foundation of the University’s mission is the recognition of the equal and inviolable dignity and worth of every person. Sexual misconduct of any kind is a serious violation of these principles and will not be tolerated in any form.
The University defines sexual misconduct to include sexual exploitation, sex-based harassment, sexual assault, stalking, and relationship violence of a sexual nature. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by men or by women, and it can occur between people of the same or different sex. Sexual harassment, including sexual violence, is a form of sex discrimination. Any member of the University community who encourages, aids, assists, or participates in any act of sexual misconduct against another is in violation of the University policy, Title IX, and Article 129-B.
Violence that is not of a sexual nature is also incompatible with the University’s mission and a violation of University policies. Policies and procedures governing incidents of violence that are not of a sexual nature are covered separately. This policy governs the process and procedures for sexual misconduct at the University and is separate from New York State Penal Law and its policies and procedures.
Read the University’s policies on sexual misconduct.
All PA students should review the policies carefully. The University includes information about sexual misconduct as part of its orientation and First Year Experience (FYE) course. All students complete an annual online education course on this subject. Training programs are offered to the entire community through campus programs. University counselors are also available for students.
Reporting Sexual Misconduct
Any member of the University community who encourages, aids, assists or participates in any act of sex discrimination or sexual misconduct against another is in violation of the University’s Code of Conduct.
Every member of the faculty, administration, and staff, including student workers, is obligated by law under Title IX to immediately report to the Title IX Coordinator, or the appropriate deputy coordinator, incidents of or perceived incidents of sexual misconduct involving any member of the campus community, or third party, upon learning of the incident. Even if the alleged victim requests confidentiality of the incident, the employee has a legal and moral obligation to report.
The only individuals exempt from reporting are priests who learn of the alleged behavior in a confession or licensed health or mental health professionals when functioning in their designated counseling role at the University. These individuals may not report any information about an incident to the Title IX Coordinator, or to any other person, without a victim’s express written permission—unless there is an imminent threat of serious harm to the individual or to others, or a legal obligation to reveal such information (e.g., if there is suspected abuse or neglect of a minor). They may submit non-identifying information about violations of this policy only to the Department of Public Safety for purposes of anonymous statistical reporting under the Clery Act.
All incidents or perceived incidents of sexual misconduct where the accused is an administrative or staff employee or third party, are to be reported to the University’s Title IX Coordinator:
Contact
Director for Human Resources
Founders Hall 113
(718) 405-3212
[email protected]
All incidents or perceived incidents of sexual misconduct where the accused is a faculty member are to be reported to the Deputy Title IX Coordinator for faculty:
Provost/Dean of Faculty
Founders Hall 206
(718) 405-3343
[email protected]
All incidents or perceived incidents of sexual misconduct where a student is the accused are to be reported to the Deputy Title IX Coordinator for students:
Vice President for Student Affairs
Founders Hall 114
(718) 405-3253
[email protected]
In the event that the incident, policy, or procedure about which a student, employee, faculty member, or third party seeks to file a report or complaint creates the appearance of a conflict of interest with any one of the members of the Title IX compliance team, complainants may contact any other member of the team, including the Title IX Coordinator or any Deputy Title IX Coordinator, directly.
The University is firmly committed to providing immediate care and support to all accusers. The University will take action to address any and all sexual misconduct, prevent its recurrence, and address its effects. In accordance with the Federal Campus Sexual Assault Victims’ Bill of Rights, the University will ensure that:
- Survivors be notified of their options to notify law enforcement (New York State requires all colleges and universities to report incidents of alleged sexual assault).
- The accuser and accused have the same opportunity to have an advisor present during a hearing or other disciplinary proceeding.
- Both the accused and the accuser be notified of the outcome of a disciplinary proceeding.
- Survivors be notified of counseling services.
- Survivors be notified of options for changing academic or a living arrangement.
The University will provide counseling to accusers who seek criminal prosecution under New York State Penal Law. Any student charged with such an offense may be prosecuted under New York State criminal statutes. Any student charged with such an offense may be subject to action under the University’s Student Conduct process, which acts independently of any legal proceedings.
Any faculty, administrative, staff employee, or third party charged with such an offense may be prosecuted under New York State criminal statutes. Any faculty, administrative, or staff employee charged with such an offense will be subject to the rules and procedures outlined in the sexual misconduct policy and/or provisions of the Employee Handbook or Faculty Handbook, which apply independently of any legal proceedings.
The University is required to report instances of alleged sexual assault to criminal authorities without the express consent of the victim, and where a legal obligation mandates such reporting (e.g., if there is suspected abuse or neglect of a minor).
Taking into account the wishes of the accuser, the University will pursue disciplinary action in cases of sexual misconduct. The University may choose to override a complainant’s decision not to go forward with an investigation. In this case, the University will inform the complainant of the University’s determination. Sanctions imposed on students for violations of the University’s sexual misconduct policy may include, but are not limited to:
- Suspension or expulsion from the University’s residence halls and suspension or expulsion from the University.
- Sanctions imposed on faculty, administrators, or staff employees for violations of the University’s sexual misconduct policy include, but are not limited to, suspension or dismissal from the University. The University’s disciplinary processes act independently of any legal proceedings.