91制片厂鈥檚 Statement on Sex Discrimination and Sexual Violence

91制片厂 is committed to stopping sex discrimination and sexual violence on our campus.

We work with all members of the Wagner community to create policies that can be understood by all. We review these policies on a yearly basis to meet New York state law, federal regulations, and best practices. We encourage any student who has experienced any form of sex discrimination to report it and to seek help from the College.听We publish annual reports about all reported incidents, not just to comply with state and federal laws, but because we believe that transparency will lead to positive change.

The College also engages in thoughtful educational initiatives with our students and our employees. Even before our new students arrive on campus, they are required to participate in educational programs to prevent sexual assault. This training for students and employees continues throughout each academic year. Offices including听Human Resources,听Student Engagement & Activities,听Health and Wellness,听Residential Education,听,听Intercultural Advancement, the听Center for Spirituality,听the Dean of Campus Life鈥檚 Office, and the听Student Government听host speakers and sponsor programs to educate the community about sexual assault prevention.

You can start your own educational process now. Read Wagner鈥檚 full policy on sex discrimination and sexual assault below, and review Campus Safety鈥檚 鈥Tips for Preventing Sexual Assault.鈥

Title IX of the Educational Amendments of 1972 (鈥淭itle IX鈥) prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has defined the meaning of Title IX鈥檚 prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student鈥檚 ability to equally access our educational programs and opportunities.

Pursuant to Title IX, the U.S. Department of Education鈥檚 applicable regulations provide:

  • A definition of 鈥渟exual harassment鈥 (including forms of sex-based violence)
  • Rules regarding how this institution must respond to reports of misconduct falling within that definition of sexual harassment, and
  • Mandates as to a grievance process that this institution must follow to comply with Title IX before issuing a disciplinary sanction against a person accused of sexual harassment.

How does the Title IX Grievance Policy impact other campus disciplinary policies?

91制片厂 has a Community Standards of Conduct that defines certain behavior as a violation of campus policy, and a separate Non-Title IX Sexual Misconduct Policy, based on New York Education Law 129-B, that addresses the types of sex-based offenses constituting a violation of campus policy, and the procedures for investigating and adjudicating those sex-based offenses.

To the extent that alleged misconduct falls outside the Title IX Grievance Policy, or misconduct falling outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the institution retains authority to investigate and adjudicate the allegations under the policies and procedures defined within the Non-Title IX Sexual Misconduct Policy through a separate grievance proceeding.

This Title IX Grievance Policy is limited to the regulatory mandates and jurisdictional scope of听 Title IX. The elements established in this Title IX Grievance Policy may differ from the behavioral expectations and scope of other College policies that address sexual harassment and/or sexual violence.

Effective Date

This Title IX Grievance Policy will become effective on August 14, 2020.

Non-Discrimination in Application

The requirements and protections of this policy apply equally based on 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. Individuals who wish to file a complaint about the institution鈥檚 policy or process may contact the Department of Education鈥檚 Office for Civil Rights using contact information available at https://ocrcas.ed.gov/contact-ocr.

Covered Sexual Harassment

For the purposes of this Title IX Grievance Policy, 鈥渟exual harassment鈥 includes any conduct on the basis of sex that satisfies one or more of the following:

  1. An employee of the College conditioning the provision of an aid, benefit or service听 of the College on participation in unwelcome sexual conduct (i.e., quid pro quo harassment);
  2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College鈥檚 education program or activity (i.e., hostile environment harassment);
  3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent. Sexual assault consists of the following specific acts:
    1. Rape.听 The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
    2. Nonconsensual Sexual Contact.听 The touching of the private body parts (including the genital area, anus, groin, buttocks and breast), of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
    3. Incest. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    4. Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent.听 The statutory age of consent in New York is 17.
  4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
  5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York State鈥檚 domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of New York State.
  6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to–(A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Note that conduct that does not meet one or more of these criteria may still be prohibited under other applicable College policies set forth in 91制片厂鈥檚 Community Standard of Conduct (Student Handbook) and Employee Handbook.

Consent

For the purposes of this Title IX Grievance Policy, the definition of consent, as stated in Section 6441 of NYS Article 129-B:听 Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

As used in this policy, the term 鈥渃onsent鈥 always refers to 鈥渁ffirmative consent鈥 (defined above).听 By way of further explanation, consent is free and informed permission.听 Consent given verbally is evidenced by affirmative agreement to engage in specific sexual activity.听 Consent through action is active participation in the specific sexual activity.听 Past consent to sexual activity cannot be presumed to be consent to engage in the same sexual activity in the future. Consent can be withdrawn at any time, and, if so, the sexual activity must cease.听 Consent to some sexual activity (e.g., kissing, fondling) cannot be presumed consent for other sexual activity (e.g., intercourse).听 Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. Certain conditions prevent a person from being able to consent.听 Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity.听 A person cannot consent if they are unaware of the who, what, when and how of a sexual interaction.听 Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent.听 Depending on the degree of intoxication, someone who is under the influence of alcohol or drugs or other intoxicants may be incapacitated and therefore unable to consent. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.

Education Program or Activity

For the purposes of this Title IX Grievance Policy, 91制片厂鈥檚 鈥渆ducation program or activity鈥 includes:

  • Any on-campus premises
  • Any off-campus premises that 91制片厂 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 91制片厂鈥檚 programs and activities over which 91制片厂 has substantial control.

Formal Complaint

For the purposes of this Title IX Grievance Policy, 鈥渇ormal complaint鈥 means a document 鈥 including an electronic submission – filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within 91制片厂鈥檚 education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.

颁辞尘辫濒补颈苍补苍迟听

For the purposes of this Title IX Grievance Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.

Relevant evidence and questions

鈥淩elevant鈥 evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.

鈥淩elevant鈥 evidence and questions do not include the following types of evidence and questions, which are deemed 鈥渋rrelevant鈥 at all stages of the Title IX Grievance Process:

  • Evidence and questions about the complainant鈥檚 sexual predisposition or prior sexual behavior unless:
    • They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
    • They concern specific incidents of the complainant鈥檚 prior sexual behavior with respect to the respondent and are offered to prove consent.
  • Evidence and questions that constitute, or seek disclosure of, information protected under a legally-recognized privilege.
  • Any party鈥檚 medical, psychological, and similar records unless the party has given voluntary, written consent.

Respondent

For the purposes of this Title IX Grievance policy, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.

Privacy vs. Confidentiality

Consistent with 91制片厂鈥檚 Community Standards of Conduct, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse.

References made to privacy mean 91制片厂 offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. 91制片厂 will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

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 Process 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, even where the Parties may be receiving accommodations in other institutional programs and activities. The Parties are responsible for disclosing the needs for an accommodation to the Title IX Coordinator. The Title IX Coordinator may consult with the Office of Disability Services in deciding whether to grant a disability accommodation request.

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person鈥檚 verbal or written report. The College鈥檚 Title IX Coordinator is:

Name: Jazzmine Clarke-Glover, DBA
Title: Vice President/Chief of Staff, Chief Human Resources Office (CHRO), Chief
Diversity Officer (CDO), & Title IX Coordinator
Office Address: Union 4th Floor, President鈥檚 Office
Email Address: j.clarke-glover@wagner.edu
Telephone Number: 718-390-3111

Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

Reporting

Non-Confidential Resources at the College

The following Officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy:

Jazzmine Clarke-Glover, DBA
Title: Vice President/Chief of Staff, Chief Human Resources Office (CHRO), Chief
Diversity Officer (CDO), & Title IX Coordinator
Office Address: Union 4th Floor, President鈥檚 Office
Email Address: j.clarke-glover@wagner.edu
Telephone Number: 718-390-3111

Madison Bonamo
Title: Associate Athletic Director- Finance & Senior Women’s Administrator, Deputy Title IX Coordinator
Office Address: Spiro Sports Center, 2nd Floor
Email Address: m.bonamo@wagner.edu
Telephone Number: 718-390-3431

Reilly Schaefer
Title: Deputy Chief of Staff for Student Support, Deputy Title IX Coordinator
Office Address: Union 4th Floor, President鈥檚 Office
Email Address: reilly.schaefer@wagner.edu
Telephone Number: 718-390-3109

Lateef Wearrien
Title: Director of Residential Education & Deputy Title IX Coordinator
Office Address: Towers, B3
Email Address: lateef.wearrien@wagner.edu
Telephone Number: 718-390-3801

Tonya Weston
Title: Director of Human Resources Deputy Title IX Coordinator
Office Address: Union 2nd Floor
Email Address: tonya.weston@wagner.edu
Telephone Number: 718-390-4086

Confidential Resources

On Campus

  • Center for Health and Wellness

Licensed Practitioners (Nurse Practitioners, Nurses, Counselors)

Phone: 718-390-3158

The services provided by the Center for Health and Wellness are available to students enrolled in the College community.听 The College鈥檚 on-campus health and counseling services noted above are available to students free of charge.

Off Campus

  • 24 Hour NYS Domestic & Sexual Violence Hotline 1-800-942-6906
  • NYS Police Sexual Assault Hotline 鈥 1-844-845-7269
  • Staten Island University Hospital Northwell Health (475 Seaview Avenue Staten Island, NY 10305; (718)226-9000)
  • Richmond University Medical Center (RUMC) (355 Bard Avenue Staten Island, NY 10310; 718-818-1234)

It is important to note that all other 91制片厂 employees, including, but not limited to, Resident Assistants, who do not fall within the categories listed as Confidential Resources are required to report known incidents of sexual harassment, sexual assault or other forms of sexual violence to the Title IX Coordinator, so they are NOT confidential resources.

Supportive Measures

Once a report is made under the Title IX Grievance Policy, the Complainant will be contacted by the Title IX Coordinator and offered individualized support.听 Complainants have the right to receive supportive measures from 91制片厂 regardless of whether they desire to file formal complaint, which may include supportive measures listed below, as appropriate. Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the College鈥檚 educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties.听 Supportive measures are non-disciplinary and non-punitive.

As appropriate, supportive measures may include, but not be limited to:

  • See an on-campus counselor at 91制片厂鈥檚 Center for Health and Wellness or see a private counselor
  • Mutual 鈥淣o Contact鈥 orders and, possibly, in rare cases, such as when legal restraining orders or orders of protection have been issued, one-way no contact orders.
  • Changes to housing, transportation and campus working situations if those changes are requested by a party and reasonably available;
  • Changes or adjustments in academics, such as extension of deadlines or other course-related adjustments or allowing a withdrawal from a course without penalty;
  • Access to campus escorts or other reasonable security or monitoring measures
  • Ask the Dean鈥檚 Office to communicate with your professors

The Title IX Coordinator is responsible for coordinating the implementation of supportive measures, including coordinating the various College departments and offices that may be involved. Supportive measures will be offered free of charge.

If a party鈥檚 request for a supportive measure is denied, the party will be afforded an opportunity to have the denial promptly reviewed to assess whether the supportive measure is reasonable under the circumstances. In addition, each party will, upon request, be afforded the opportunity for a prompt review of the need for and the terms of no contact orders and other supportive measures that have been implemented, including the potential modification of these measures, to the extent that the party is affected by the measure(s) being reviewed.听 听Each party will be allowed to submit evidence in support of, or in opposition to, the request to the extent the supportive measures under review affects that party. Information about how to request a review will be included in a written communication that will outline the supportive measures offered and any that were requested by the party but denied.

Emergency Removal

91制片厂 retains the authority to remove a student respondent from Wagner鈥檚 program or activity on an emergency basis, where 91制片厂 (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal.

Emergency removal is not a substitute for reaching a determination as to a respondent鈥檚 responsibility for the sexual harassment allegations; rather, emergency removal is for the purpose of addressing imminent threats posed to any person鈥檚 physical health or safety which may arise out of the sexual harassment allegations.

If 91制片厂 determines such removal is necessary, the Title IX Coordinator will provide written notice of the emergency removal to both the complainant and respondent. This notice will contain: (1) the date the removal is set to begin, (2) the reason for the emergency removal, (3) the consequences of non-compliance, and (4) how to appeal the decision.

If a student respondent disagrees with the decision to be removed from campus, the respondent may appeal the decision. The respondent must provide written notice of the intent to appeal, which shall include the substance of the appeal, to the Title IX Coordinator within 10 days of receiving the notice of removal. The burden of proof is on the student respondent to show that the removal decision was incorrect.

This section applies only to student respondents. Employee respondents are not subject to this section and may be placed on administrative leave consistent with 91制片厂 Employee Handbook during the pendency of a Title IX Grievance Process.

Administrative Leave

91制片厂 retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Process, consistent with 91制片厂 Employee Handbook

Filing a Formal Complaint

A formal complaint is necessary to initiate the College鈥檚 grievance process, meaning an investigation and adjudication process.听 The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded within a reasonably prompt manner, and no longer than ninety (90) business days after the filing of the Formal Complaint, provided that the Process may be extended for a good reason, including but not limited to the absence of a party, a party鈥檚 advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The procedure for applying for extensions is described below. Please note, parties have 10 days to provide responses to evidence for an investigation. The investigative report must be created 10 days prior to hearing.

To file a Formal Complaint, a complainant must provide the Title IX Coordinator a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of 91制片厂, including as an employee. However, a formal complaint may be filed by a parent or guardian of a minor person. In order to qualify as a formal complaint, the document must contain the complainant鈥檚 physical or electronic signature, or otherwise indicate that the complainant is the person filing the formal complaint.听 For complainants who do not meet this criteria, the College will utilize existing policy in the Community Standards of Conduct and/or Non-Title IX Sexual Misconduct Policy.

If a complainant does not wish to make a Formal Complaint, or does not wish to participate in the complaint and adjudication process, and the Title IX Coordinator determines there is sufficient cause to file a formal complaint, the Title IX Coordinator may file a formal complaint.听 In such cases, the Title IX Coordinator is not considered to be a complainant or other party under this Policy.

The Title IX Coordinator will consider the wishes of the Complainant not to proceed with the investigation and adjudication process.听 However, the Title IX Coordinator may file a formal complaint if the Title IX Coordinator determines that the allegations are such that it would be unreasonable not to proceed despite the wishes of the complainant.

In making this determination, the Title IX Coordinator will consider, among other factors: the risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, which may be assessed by evaluating:

  • whether there have been other complaints about the same alleged perpetrator;
  • whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence;
  • whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others;
  • whether the sexual violence was committed by multiple perpetrators whether the sexual violence was perpetrated with a weapon;
  • whether the victim is a minor;
  • whether the College possesses other means to obtain relevant evidence of the prohibited conduct (e.g., security cameras or personnel, physical evidence);
  • whether the victim鈥檚 report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

If the Title IX Coordinator determines that the Complainant鈥檚 request that the College not conduct an investigation cannot be honored, and an investigation is necessary, 91制片厂 will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this Policy and Process.

Nothing in the Title IX Grievance Policy or Community Standards of Conduct prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.

A complainant who files a Formal Complaint may elect, at any time, to address the matter through the Institution鈥檚 Informal Resolution Process and can contact the Title IX Coordinator or designee regarding this process.

Multi-Party Situations

The institution may consolidate Formal Complaints alleging covered sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.

Determining Jurisdiction

The Title IX Coordinator or designee will determine if the instant Title IX Grievance Process should apply to a Formal Complaint. The Process will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:

  1. The conduct is alleged to have occurred on or after August 14, 2020;
  2. The conduct is alleged to have occurred in the United States;
  3. The conduct is alleged to have occurred in 91制片厂鈥檚 education program or activity; and
  4. The alleged conduct, if true, would constitute covered sexual harassment as defined in this policy.

If all of the elements are met, 91制片厂 will investigate the allegations according to the Title IX Grievance Process.

Allegations Potentially Falling Under Two Policies

If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied in the investigation and adjudication of all of the allegations.

Mandatory Dismissal

If any one of the four elements under 鈥淒etermining Jurisdiction鈥 are not met, the Title IX Coordinator or designee will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal using the procedure outlined in 鈥淎ppeals,鈥 below. Even if dismissed for purposes of the Title IX Grievance Policy, the conduct may fall under the Non-Title IX Sexual Misconduct Grievance Policy or other College policy.

Discretionary Dismissal

The Title IX Coordinator or designee may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:

  • A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
  • The respondent is no longer enrolled or employed by 91制片厂 or,
  • If specific circumstances prevent 91制片厂 from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

Any party may appeal a dismissal determination using the process set forth in 鈥淎ppeals,鈥 below.

Notice of Dismissal

Upon reaching a decision that the Formal Complaint will be dismissed, the institution will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the parties through their institutional email accounts. It is the responsibility of parties to maintain and regularly check their email accounts.

Notice of Removal

Upon dismissal for the purposes of Title IX, 91制片厂 retains discretion to utilize the Community Standards of Conduct and/or Non-Title IX Sexual Misconduct Policy to determine if a violation of the Community Standards of Conduct and/or Non-Title IX Sexual Misconduct Policy has occurred. If so, 91制片厂 will promptly send written notice of the dismissal of the Formal Complaint under the Title IX Grievance Process and removal of the allegations to the conduct process.

Notice of Allegations

The Title IX Coordinator, or designee, will draft and provide the Notice of Allegations to any party to the allegations of sexual harassment. Such notice will occur as soon as practicable, after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances.

The parties will be notified by their institutional email accounts if they are a student or employee, and by other reasonable means if they are neither.

The institution will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview.

Contents of Notice

The Notice of Allegations will include the following:

  • Notice of the institution鈥檚 Title IX Grievance Process and a hyperlink to a copy of the process.
  • Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment; and the date and location of the alleged incident, if known.
  • A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
  • A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney.
  • A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source.

Ongoing Notice

If, in the course of an investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise covered “sexual harassment鈥 falling within the Title IX Grievance Policy, the institution will notify the parties whose identities are known of the additional allegations by their institutional email accounts or other reasonable means.

The parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.

Advisor of Choice and Participation of Advisor of Choice

91制片厂 will provide the parties equal access to advisors and support persons; any restrictions on advisor participation will be applied equally.

91制片厂 will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for all parties are not available, provided that the Advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.

91制片厂鈥檚 obligations to investigate and adjudicate in a prompt timeframe under Title IX and other college policies apply to matters governed under this Policy, and 91制片厂 cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. 91制片厂 will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice or utilize one provided by Wagner.

Notice of Meetings and Interviews

91制片厂 will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate. The Complainant and Respondent have the right to be accompanied by an advisor of their choice who may be, but is not required to be, an attorney.

No unauthorized audio or video recording of any kind is permitted during investigation meetings or interviews. If the Title IX Coordinator and/or investigator elects to audio and/or video record interviews, all involved parties in the meeting or interview will be made aware that audio and/or video recording is occurring.

Delays

Each party may request a one-time delay in the Grievance Process of up to five (5) days for good cause (granted or denied in the sole judgment of the Title IX Coordinator or designee) provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties. The Title IX Coordinator shall have sole discretion to grant further pauses in the Process.

Investigation

General Rules of Investigations

Two investigators designated by the Title IX Coordinator, or said designee, will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute covered sexual harassment after issuing the Notice of Allegations.

91制片厂, not the parties, has the burden of proof and the burden of gathering evidence. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from 91制片厂 and does not indicate responsibility.

91制片厂 cannot access, consider, or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. 91制片厂 will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e. evidence that tends to prove and disprove the allegations) as described below. The investigators may decline to interview any witness or to gather information found to be not relevant or otherwise excludable (e.g., sexual history of the complainant with a person other than the respondent, materials subject to a recognized privilege, medical records in the absence of a release by the subject of the records, etc.). The investigators will determine the order and method.

Inspection and Review of Evidence

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any:

  1. Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;
  2. Inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source

All parties must submit any evidence they would like the investigator to consider prior to when the parties鈥 time to inspect and review evidence begins.

Prior to the completion of the investigative report, the Complainant and Respondent, and each party鈥檚 advisor of choice, if any, will be provided a copy of the evidence, subject to redaction permitted and/or required by law. The copy may be sent in hard copy or electronic format or made available through an electronic file sharing platform. The Institution is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.

The parties will have ten (10) calendar days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties鈥 written responses before completing the Investigative Report. The investigator will determine if additional investigation is necessary and, if so, will complete any additional investigative steps.

Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.

  1. The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process.
  2. The parties and their advisors agree not to photograph or otherwise copy the evidence.

Evidence Not Directly Related to the Allegations

Evidence obtained in the investigation that is determined in the reasoned judgment of the investigators not to be directly related to the allegations in the Formal Complaint will not be disclosed, or may be appropriately redacted before the parties鈥 inspection to avoid disclosure of personally identifiable information of a student. Any evidence obtained in the investigation that is kept from disclosure or appropriately redacted will be documented in a 鈥減rivilege log鈥 that may be reviewed by the parties and their advisors.

Investigative Report

An Investigative Report that fairly summarizes relevant evidence will be completed.

The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence.

Only relevant evidence will be referenced in the Investigative Report.

The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant.

At least ten (10) days prior to a hearing to determine whether there is responsibility for the allegations, the Complainant and Respondent, and each party鈥檚 advisor, if any, will be provided a copy of the investigative report (which may be sent in hard copy or electronic format or made available through electronic file sharing platform), subject to redaction permitted and/or required by law.

Hearing

General Rules of Hearings

91制片厂 will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing, unless otherwise resolved through an informal resolution process.

The Title IX Coordinator, or said designee, will notify the parties in writing of the date, time, and location of the hearing, the names of the Hearing Board, and how to challenge participation by any Hearing Board member for bias or conflict of interest. Bias must be judged by an objective standard (whether a reasonable person would conclude the decision-maker is biased).

The live hearing may be conducted with all parties physically present in the same geographic location, or, at Wagner鈥檚 discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through a remote video conferencing interface. This technology will enable participants simultaneously to see and hear each other. At its discretion, 91制片厂 may delay or adjourn a hearing based on technological errors not within a party鈥檚 control.

The hearing 听will be recorded through audio or audiovisual recording. That recording or transcript will be made available to the parties for inspection and review.

Prior to obtaining access to any evidence and/or a recording of the hearing, the parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the Title IX Grievance Process. Once signed, this Agreement may not be withdrawn.

Continuances or Granting Extensions

91制片厂 may determine that multiple sessions or a continuance (i.e. a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, 91制片厂 will notify all participants and endeavor to accommodate all participants鈥 schedules and complete the hearing as promptly as practicable.

Participants in the live hearing

Live hearings are not public. Observers or additional support personnel, other than the parties鈥 advisors, are not allowed unless deemed necessary by the Title IX Coordinator for purposes such as accommodation of a disability. The only individuals permitted to participate in the hearing are as follows:

Complainant and Respondent (The Parties)

  • The parties cannot waive the right to a live hearing.
  • The institution may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through any evidence gathered that does not constitute a 鈥渟tatement鈥 by that party.
  • 91制片厂 will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party鈥檚 participation.
  • If a party does not submit to cross-examination questions presented by the other party鈥檚 advisor, the decision-maker cannot rely on any statements made by that party in reaching a determination regarding responsibility, but may reach a determination regarding responsibility based on evidence that does not constitute a 鈥渟tatement鈥 by that party.
  • The decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party鈥檚 absence from the live hearing or refusal to answer cross-examination or other questions.

Hearing Board

  • The hearing body will consist of a three person hearing board panel (which may consist of trained faculty and/or staff or, in the Title IX Coordinator鈥檚 discretion, trained individuals external to the College) , each of whom shall have voting rights One member of the hearing board will be designated as the Chairperson of the hearing board.
  • No member of the hearing body will also have served as the Title IX Coordinator, Title IX investigator, or advisor to any party in the case, nor may any member of the hearing body serve on the appeals body in the case.
  • No member of the hearing body will have a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
  • The hearing body will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.
  • The parties will have an opportunity to raise any objections regarding a decision-maker鈥檚 actual or perceived conflicts of interest or bias at the commencement of the live hearing.

Advisor of Choice

  • The parties have the right to select an advisor of their choice.
  • The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-examination.
  • The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.
  • The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
  • The advisor is not prohibited from being a witness in the matter.
  • If a party does not attend the live hearing, the party鈥檚 advisor may appear and conduct cross-examination on their behalf.
  • If neither a party nor their advisor appear at the hearing, 91制片厂 will provide an advisor to appear on behalf of the non-appearing party.

Witnesses

  • Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation.
  • If a witness does not submit to cross-examination questions presented by a party鈥檚 advisor, as described below, the decision-maker cannot rely on any statements made by that witness in reaching a determination regarding responsibility, including any statement relayed by the absent witness to a witness or party who testifies at the live hearing.
  • Witnesses are not permitted to bring an advisor or other person to the hearing, absent an approved disability accommodation.

Hearing Procedures

For all live hearings conducted under this Title IX Grievance Process, the procedure will be as follows:

  • Chairperson of the hearing board will open and establish rules and expectations for the hearing;
  • The Complainant will be given the opportunity to present an opening statement;
  • The Respondent will be given the opportunity to present an opening statement;
  • The Chairperson of the Hearing Board will ask questions of the Parties and Witnesses in the following order: Complainant, Respondent, then any witnesses;
  • Parties will be given the opportunity for live cross-examination after the Chairperson of the Hearing Board conducts its initial round of questioning;
    • During the Parties鈥 cross-examination, the Chairperson will have the authority to pause cross-examination at any time for the purposes of asking their own follow up questions; and any time necessary in order to enforce the established rules of decorum.
    • Should a Party or the Party鈥檚 Advisor choose not to cross-examine the other Party and/or Witnesses, the Party shall affirmatively waive their right to conduct cross-examination through a written or oral statement to the Chairperson of the Hearing Board. A Party鈥檚 waiver of cross-examination does not eliminate the ability of the Hearing Board to use statements made by the Party.
  • The Respondent will have the opportunity to present a closing statement.
  • The Complainant will have the opportunity to present a closing statement.

Formal rules of evidence will not apply. Except as otherwise expressly prohibited, any information that the Hearing Board determines is relevant may be considered, including hearsay, history and information indicating a pattern of behavior, and character evidence.

Live Cross-Examination Procedure

Each party鈥檚 advisor will be permitted to conduct live cross-examination of the other party听 and any witnesses. During this live-cross examination the advisor will have the opportunity to ask the other party听 and any witnesses all relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time. Questioning must be conducted by the party鈥檚 advisor in a respectful, nonintimidating and non-abusive manner, and never by a party personally.

Before any cross-examination question is answered, the Chairperson of the Hearing Board will determine if the question is relevant and explain any decision to exclude a question as not relevant . Cross-examination questions that are duplicative of those already asked, including by the decision-maker may be deemed irrelevant if they have been asked and answered.

Review of Recording

The recording of the hearing will be available for review by the complainant and respondent parties within 10 business days, unless there are any extenuating circumstances. The recording of the hearing will not be provided to parties鈥 advisors of choice.

Determination Regarding Responsibility

Following the conclusion of the hearing, the Hearing Board will deliberate and render a determination by majority vote as to whether the Respondent is responsible or not responsible for the alleged violation(s).

If the Hearing Board determines that the Respondent is responsible for one or more violations, the Complainant and Respondent will be invited by the Title IX Coordinator to submit a personal impact statement that will be provided to the Hearing Board for consideration in determining appropriate sanctions. The parties must submit their impact statements to the Title IX Coordinator within 24 hours after receipt of the invitation to submit an impact statement.

Standard of Proof

91制片厂 uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the investigation and hearing determine whether it is more likely than not that a violation of the Policy occurred.

General Considerations for Evaluating Testimony and Evidence

 

Decision-makers shall not draw inferences regarding a party or witness鈥 credibility based on the party or witness鈥 status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.

Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence.

Still, credibility judgments should not rest on whether a party or witness鈥 testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.

Decision makers will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.

Except where specifically barred by the Title IX regulations, a witness鈥 testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.

Pursuant to the Title IX regulations, parties will be permitted to present 听鈥渆xpert witnesses鈥 for direct and cross-examination.听 91制片厂 does not provide for expert witnesses in other proceedings. While the expert witness will be allowed to testify and be subject to cross-examination questions as described above, the decision-maker will be instructed to afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross-examination and regardless of whether all parties present experts as witnesses.

Pursuant to the Title IX regulations, parties will be permitted to present character witnesses. 91制片厂 does not provide for character witnesses in other proceedings. While the character witnesses will be allowed to testify and be subject to cross-examination questions as described above, the decision-maker will be instructed to afford lower weight to any non-factual character testimony of any witness.

Pursuant to the Title IX regulations, parties will be permitted to present relevant testimony and evidence regarding polygraph tests (鈥渓ie detector tests鈥) and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed to testify and be subject to cross-examination questions as described above, the decision-maker will be instructed to afford lower weight to such processes relative to the testimony of fact witnesses.

Where a party or witness鈥 conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Decision-maker may draw an adverse inference as to that party or witness鈥 credibility.

Components of the Determination Regarding Responsibility

The written Determination Regarding Responsibility will be issued simultaneously to all parties through their institution email account, or other reasonable means as necessary. The Determination will include:

  1. Identification of the allegations potentially constituting covered sexual harassment;
  2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
  3. Findings of fact supporting the determination;
  4. Conclusions regarding which section of the Student Community Standards of Conduct, if any, the respondent has or has not violated.
  5. For each allegation:
  6. A statement of, and rationale for, a determination regarding responsibility;
  7. A statement of, and rationale for, any disciplinary sanctions the recipient imposes on the respondent; and
  8. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the recipient鈥檚 education program or activity will be provided by the recipient to the complainant; and
  9. The recipient鈥檚 procedures and the permitted reasons for the complainant and respondent to appeal (described below in 鈥淎ppeal鈥).

Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by 91制片厂 within ten (10) business days of the completion of the hearing.

Finality

The determination regarding responsibility becomes final either on the date that the institution provides the parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in 鈥淎ppeals鈥 below, or if an appeal is not filed, the date on which the opportunity to appeal expires.

Sanctions

In addition to the impact statements,听 additional factors considered when determining sanctions may include:

  • The nature and severity of, and circumstances surrounding, the violation(s);
  • The Respondent鈥檚 state of mind at the time of the violation(s) (intentional, knowing, bias-motivated, reckless, negligent, etc.);
  • The Respondent鈥檚 previous disciplinary history;
  • The need for sanctions to bring an end to the conduct and/or to prevent the future recurrence of similar conduct;
  • The need to remedy the effects of the conduct on the Complainant and/or the community;
  • The impact of potential sanctions on the Respondent;
  • Sanctions imposed by 91制片厂 in other matters involving comparable conduct; and
  • Any other lawful factors deemed relevant by the Hearing Board.

Potential sanctions are located in the Community Standards of Conduct for students.

Other actions can include:

  • Withholding Degree and/or Diploma. The College may withhold a student鈥檚 degree and/or diploma for a specified period of time and/or deny a student participation in commencement activities.
  • Transcript Notation. New York State Law requires that, for violent crimes, the College records the outcome of disciplinary action on a student鈥檚 transcript. In disciplinary complaints involving withdrawal prior to a disciplinary hearing or Review Board, interim suspension, suspension, or dismissal, the student鈥檚 academic transcript shall be noted as follows: Withdrawal prior to a hearing: 鈥淩eadmission subject to Student Disciplinary Hearing.鈥 This comment is removed if a student is readmitted. Disciplinary Interim Suspension (pending a hearing): Student receives W or W grades according to established guidelines. Transcript comment reads: 鈥淒isciplinarily suspended on (date).鈥 Disciplinary Suspension: Student receives W or W grades according to established guidelines. Transcript comment reads: 鈥淒isciplinarily suspended until (date).鈥 Comment is removed when the term of suspension expires. Disciplinary Expulsion: Student receives W or W grades according to established guidelines. Transcript comment reads: 鈥淒isciplinarily expelled on (date).鈥 After five years from the date of the student leaving the College for withdrawal pending disciplinary hearing, disciplinary interim suspension, or disciplinary expulsion, the student may petition the Provost and Vice President for Academic Affairs or designee to have the transcript comment removed. It is the student鈥檚 responsibility to provide substantial evidence which supports the petition and provide documentation of their activities (work, education, etc.) since their exit from the College.

Appeals

Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within five (5) business days of being notified of the decision, indicating the grounds for the appeal.

The limited grounds for appeal available are as follows:

  1. Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow the institution鈥檚 own procedures);
  2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
  3. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.

The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

If a party appeals, the institution will as soon as practicable notify the other party in writing of the appeal, however the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal.

The non-appealing party may submit a statement in support of the decision.

Appeals will be decided by a panel who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decision-maker in the same matter.

Outcome of appeal will be provided in writing simultaneously to both parties, and include rationale for the decision. Once the appeal decision has been sent to the parties, the appeal decision is final.

Retaliation

91制片厂 will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.

No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for Community Standards of Conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment.

 

91制片厂 is committed to education and increasing awareness of students, faculty, and听staff about preventing incidents of sex discrimination and sexual violence. The Title IX Coordinators are responsible for coordinating the College鈥檚 sex discrimination and sexual violence education and prevention program in collaboration with the Center for Health and Wellness, which coordinates the Peer Education Program.

Education and prevention resources and opportunities at 91制片厂 include:

  • 91制片厂鈥檚 Title IX Coordinators
  • The Dean of Campus Life Office, the Office of Residential Education, and the Center听for Health and Wellness distribute sexual violence prevention materials and听information.
  • AlcoholEDU and Sexual Assault Prevention modules are required for all new students (as of Fall 2015).
  • Refresher modules in AlcoholEDU and Sexual Assault Prevention are required for all returning students (as of Fall 2017).
  • A 鈥楽tep Up Bystander Intervention Training鈥 is available for any campus group or office. Contact the Dean of Campus Life Office for additional information.
  • The staff members in the Division of Campus Life and in Public Safety, including听the undergraduate Resident Assistants, are trained in sexual assault response and听prevention.
  • Educational programming is conducted within the 91制片厂 residential communities.
  • Examples of student-run events that address issues of sexual assault are the Vagina Monologues听and Take Back the Night.

 

Training Materials

 

For the purposes of compliance with section 106.45 of the听Title IX听Final Rules,听听includes all training materials created by听the Student Conduct Institute听for听our听member institutions to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process in Title IX compliance and practices.

 

 

 

 

Campus and Community Resources and Services

 

There are campus and community resources and services available to students, faculty and staff even if College or criminal reports are not made. The College strongly encourages complainants to seek assistance to care for themselves emotionally and physically through confidential crisis intervention, health care, and counseling. Complainants should keep in mind that medical examinations are time-sensitive and critical in preserving evidence of sexual violence, so those options must be exercised as soon as possible.

91制片厂 Resources & Services

Local Resources & Services

  • : 1-855-234-1042 (M-F, regular business hours); 1-800-621-4673 (24/hour crisis hotline)
  • Rape and Sexual Assault 24 Hour Hotline: 212-227-3000
  • Sex Crimes 24 Hour Hotline: 212-267-7273
  • : 718-876-8500
  • New York State Police: 844-845-7269
  • 听(Sexual Assault Forensic Examiner 鈥淪AFE鈥 Site): 718-818-6132
  • : 718-226-9000
  • New York City Domestic and Sexual Violence Hotline: 800-621-HOPE (4673) or 311
  • New York State Domestic and Sexual Violence Hotline: 800-942-6906

Helpful Apps

  • 听is an app that prevents violence before it happens. It helps you connect to your friends quickly so you can stay close, stay safe, and keep you connected. The app allows you to call or text a close group of confidantes with a subtle press of a button. Circle of Six is designed for college student safety and we highly recommend that Wagner students use it!
  • 听is an app that mimics the persistent, repetitive texting and calling typical of an emotionally abusive partner. If it reminds you of your own relationship (or a friend’s), you know to get help.
  • 听is an app that asks you to check in before you go out, checks in on you via text, and sends your emergency contacts an automated message if you do not respond to the text.
  • 听is an app that lets lone travelers connect with family, friends, or public safety departments to track them on their journey and be alerted should trouble arise.

Helpful Websites

  • 听is a website that provides resources for students about how to prevent and respond to sexual assault on college campuses.
  • 听is a website that provides information about your rights as it relates to Title IX.
  • 听is a national survivor-run, student-driven campaign to end campus sexual violence.
  • 听is the nation鈥檚 largest anti-sexual assault organization.
  • 听allows you to text, chat, or call 24/7 for support.

 

To Reduce the Risk of Sexual Assault

 

Respond assertively. Communicate any discomfort you feel with another person鈥檚 behavior. Don鈥檛 make excuses. Trust your instincts.

Don鈥檛 isolate yourself with someone you just met.听 Always have a safe way to get home. Don鈥檛 sleep over because you can鈥檛 get home. Especially don鈥檛 isolate with someone who tries to get too close quickly, enjoys your discomfort or someone who doesn鈥檛 listen or respond when you say 鈥淣O.鈥

Buddy up.听听Keep an eye out for your friends.听 If you are going out to socialize, go with friends and only leave once everyone is accounted for.

Avoid drunk sex.听听Limit your alcohol consumption so that you can protect yourself, prevent aggressive behavior under the influence or help a friend who may need you.

Believe in your right to set sexual limits for yourself. 听Learn how to communicate these limits and how to assert yourself by saying 鈥淣O鈥 convincingly when you mean 鈥淣O鈥 and 鈥淵ES鈥 when you mean 鈥淵ES.鈥

Believe in another person鈥檚 right to say 鈥淣O鈥.听 Be aware of the effect peer pressure has on your decision here. Remember it鈥檚 okay not to have sex. Accept that 鈥淣O鈥 means 鈥淣O.鈥

Remember active, affirmative consent is necessary every time you have sexual contact with someone.听听Don鈥檛 assume previous permission for sexual contact applies to the current situation (especially when a person is asleep or drunk).

Don鈥檛 assume behavior is a signal for sex.听Thinking someone wants sex is not the same as knowing for sure. Be sure. Communicate.

 

To Reduce the Risks and Warnings of an Abusive Relationship

 

Listen to yourself听if you are sensing 鈥渂ad vibes,鈥 especially if you are feeling down on yourself or find yourself afraid in a relationship. Trust your instincts.

Know that听even one instance听of physical, verbal, or emotional violence is听dating violence.

Cruelty or physical violence听to other people, animals, or you, even if it happens just once, is a sure sign that more abuse is to come.

Be alert to actions that reduce your personal independence and self-control,听such as urging you to give up existing friendships or family connections, telling you either what to wear, or what to say or who to hang out with.

Be alert to signs of jealousy and/or possessiveness.听These are signs of insecurity, not love.

Seek assistance from professionals听who can help you learn more about abusive relationships and to explore options that are available to you.

 

To Reduce the Risks of Stalking

 

If you are in immediate danger, call 911.

Do not ignore any threat. Immediately report any instance of stalking听to Public Safety. Trust your instincts.

Keep evidence of any threat or instance of stalking.听Keep a daily journal containing information on time, date, and place of each instance, and keep it all in a safe and confidential place. Keep emails, phone messages, letters, and notes.

Don鈥檛 downplay a sense of danger by thinking 鈥渋t will just go away.鈥听If you feel unsafe, you probably are. Stalking behavior typically does not just stop.

Tell family, friends, roommates, and co-workers听about the stalking and seek their support.

Limit the distribution of personal information,听including home address and phone numbers, and be wary of any person who seeks to obtain too much personal information about you too quickly. Be careful about what you choose to post on public Web platforms, such as Facebook. Fully shred all personal information before disposing of anything in the trash.

Maintain quick access to critical telephone numbers and the location of safe places.

Seek assistance听from law enforcement and/or qualified professionals who can help you with safety strategies that are appropriate to your individual circumstance, including assistance with obtaining court issued orders of protection.

 

HEDS Campus Climate Survey

 

As part of 91制片厂’s commitment to assessing and addressing issues of sexual violence, we periodically ask members of the 91制片厂 community, via email, to participate in a brief, confidential, online survey. The survey considers issues such as听unwanted sexual contact and sexual assault, students鈥 perceptions of how 91制片厂 addresses and responds to sexual assault, and whether and how often students have experienced unwanted sexual contact or sexual assault.

Information collected through the survey allows 91制片厂听to enhance policies, programs,听support and services as well as to benchmark our efforts against national peers. 91制片厂 encourages broad participation to provide results that allow the institution to focus on programs and resources that will be most helpful to our community. 听

91制片厂 is committed to learning about our students鈥 perceptions of our campus climate for unwanted sexual contact and sexual assault, how Wagner responds to sexual assaults, and whether and how often they have experienced unwanted sexual contact or sexual assault.听 Therefore, 91制片厂 participated in the Higher Education Data Sharing (HEDS) Consortium Sexual Assault Climate Survey in 2017.听 We are sharing the results in order to engage the campus community in informed discussion about how to address this complex and difficult issue.

Survey Information

  • Online instrument developed by the Higher Education Data Sharing (HEDS) Consortium.
  • Data Collection in Fall 2022
  • Responses were Anonymous
  • All demographic information was voluntarily self-reported; therefore, not all counts add up to the total who responded.
  • 194 undergraduate and 34 graduate students completed the survey (a 12% response rate for all Wagner students and 10% for undergraduates).

What we Learned

  • 93% of undergraduate respondents reported that they received information what sexual assault is and how to recognize it
  • 88% of undergraduate respondents reported receiving information on actions they can take to help prevent sexual assault
  • Both men and women experience unwanted sexual contact or assault.听 However, women are much more likely to experience it and experience it more frequently.
  • Unwanted sexual contact and sexual assault continues to be a serious problem on college campuses and at 91制片厂.

 

91制片厂
听 2017 2020 2022
What is sexual assault and how to recognize it?
Yes 72% 90% 93%
Recognizing actions you can take to prevent sexual assault, such as bystander intervention, clear communication with a potential partner, or some other action
Yes 71% 86% 87%
Unwanted verbal behaviors
鈥渟辞尘别迟颈尘别蝉鈥 29% 20% 14%
鈥渙ften鈥 or 鈥渧ery often鈥 10% 7% 5%
Unwanted nonverbal behaviors
鈥渟辞尘别迟颈尘别蝉鈥 13% 10% 6%
鈥渙ften鈥 or 鈥渧ery often鈥 3% 3% 2%
Unwanted brief physical contact
鈥渟辞尘别迟颈尘别蝉鈥 15% 11% 7%
鈥渙ften鈥 or 鈥渧ery often鈥 3% 4% 3%

Click here for a list of Frequently Asked Questions about the survey.

Below please find links to our Campus Climate Survey (by section):