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NYGSP Sexual Assault and Violence Response Website

NYGSP takes reports of sexual assault, domestic violence, dating violence and stalking seriously. If you are a member of the NYGSP community and have experienced any of the above, this website is available to provide you with information to seek resources and support. Information about the process to report the crime to law enforcement and/or the school is available as well, if you choose to report your experience.

NYGSP students and employees have the right to make a report to local law enforcement and/or the New York State Police, or choose not to report; to report the incident to your school; to be protected by the school from retaliation for reporting an incident; and to receive assistance and resources from your school.

To access the full Student’s Bill of Rights, click here.

NYGSP’s policy is that the response to sexual violence and related crimes is driven by the reporting victim/survivor. That means is that in line with Federal and New York State law, while the Graduate School encourages you to use all of the response, support and reporting (including criminal reporting) resources offered here, the choice of what resources to use and when is for the victim and survivor.

TO REPORT SEXUAL ASSAULT AND/OR INTERPERSONAL VIOLENCE

Any student wanting to report the above events should contact the Title IX coordinator, Ms Musolino at 212-260-7050 or 917-620-5068, or at amusolino@cmps.edu. A student may also choose instead to report the event to their adviser or other faculty member, who will advise the student of their rights in reporting and then contact Ms. Musolino.

REPORTING AND COUNSELING RESOURCES:

On-Campus Resources

If you are in immediate danger, CALL 911 now. We encourage you to first get to a place of safety, and then seek immediate assistance from police and healthcare providers to ensure your physical safety, emotional support and medical care.

Counseling and support services are available for NYGSP students on-campus. Please use the contact information below for more information:

Title IX Coordinator – Ms. Angela Musolino – amusolino@cmps.edu or 212-260-7050

Campus Security Authority – Mr. Kabir de Leeuw – nygsp@bgsp.edu or 212-260-7050

Program Director – Dr. Mimi Crowell – mimicrowell@gmail.com or 212-260-7050

Please note that these services are not available 24/7. Immediate counseling is available off-campus through a variety of supportive community organizations. Click here for more information on these off-campus resources.

Local services close to campus that offer resources 24/7 are:

Local Police Department –  New York City Police (6th Precinct) – (212) 741-4811

Local Medical Center –

If you have been the victim of a sexual assault, it is important to preserve evidence. The best way of doing so is to seek emergency treatment as soon as possible and before showering or changing your clothing. Three local health centers have SANE nurses available. These providers have specialized training for treating victims of sexual assault to provide all necessary support and treatment and to preserve forensic evidence.

Bellevue Hospital
462 First Avenue, Room A329
New York, NY
212-562-3025

Mt. Sinai Beth Israel Petri Div, ER Dept
First Ave & 16th Street
New York, NY
212-420-2840

Lenox Health, Greenwich Village
30 Seventh Ave
New York, NY
646-665-6910

Off-Campus Resources (Within New York City, NY State, and Nationwide)

If you are in immediate danger, CALL 911 now. We encourage you to first get to a place of safety, and then seek immediate assistance from police and healthcare providers to ensure your physical safety, emotional support and medical care.

Local Resources – New York City

If you have been the victim of a sexual assault, it is important to preserve evidence. The best way of doing so is to seek emergency treatment as soon as possible and before showering or changing your clothing. Three local health centers have SANE nurses available. These providers have specialized training for treating victims of sexual assault to provide all necessary support and treatment and to preserve forensic evidence.

Bellevue Hospital, 462 First Avenue, Room A329, New York, NY. Phone: 212-562-3025
Mt. Sinai Beth Israel Petri Div, ER Dept, First Ave & 16th Street, New York, NY. Phone: 212-420-2840
Lenox Health, Greenwich Village, 30 Seventh Ave, New York, NY. Phone: 646-665-6910

Counseling & Advocacy Hotlines:

Safe Horizon – Safe Horizon takes action by providing practical services like a new lock, 24-hour hotlines, safe shelter, and food as well as supportive services like mental health counseling.
Domestic Violence Hotline: 1-800-621-HOPE (4673) or dial 311.
Rape, Sexual Assault, & Incest Hotline: 212-227-3000
http://www.safehorizon.org/

New York City Anti-Violence Project – Serving NYC’s Lesbian, Gay, Bisexual,Transgender, Queer and HIV-affected Communities
Hotline: 212-714-1141 (available 24/7)
116 Nassau Street, 3rd Floor
New York, NY  10038
Business Phone: 212-714-1184 x 23
Website:  http://www.avp.org/

Violence Intervention Program, Inc. – providing support through a 24/7 live-operated bilingual hotline, assistance with Orders of Protection, finding a safe place tolive, and finding legal help
Hotline: 1-800-664-5880 (24/7; bilingual Spanish/English)
P.O. Box 1161, Triborough Station
New York, NY  10035
Website:  http://www.vipmujeres.org

Law Enforcement:

NYPD Special Victims Division
24 hour Hotline – 646-610-7272

New York City Police Department (6th Precinct)
Precinct number – 212-741-4811
Domestic Violence – 212-741-4800

Legal Aid/Community Resources –

Her Justice, Inc.
Hotline: 212-695-3800
100 Broadway, 10th Floor
New York, NY  10005
Business Phone: 212-695-3800
Website:  http://www.herjustice.org/

Urban Justice Center – Domestic Violence Project
Hotline: 718-875-5062
40 Rector Street, 9th Floor
Manhattan, NY  10038
Business Phone: 718-875-9400
Website:  https://dvp.urbanjustice.org/

Legal Information for Families Today (LIFT)
Hotline: 212-343-1122
32 Court Street, Suite 1208
Brooklyn, NY  11201
Business Phone: 212-343-1122
Website:  http://www.LIFTonline.org

Brooklyn Defender Services
177 Livingston Street, 5th floor
Brooklyn, NY  11201
Business Phone: 718-254-0700
Website:  http://www.bds.org

Additional off-campus resources are also listed in the Sexual Misconduct and Assault Information section of this website.

Additional Resources for International Students

In addition to the on- and off-campus resources listed in other sections, international students may have a need for further information related to their visa status. If you are an international student studying in the United States and have questions appropriate to your embassy, you may contact your nation’s embassy through the U.S. State Department: http://www.state.gov/s/cpr/rls/dpl/32122.htm

International students and scholars with questions about their immigration and visa status are advised to seek the assistance of an immigration attorney.  This webpage is a resource to explain certain aspects of the law, but is not a replacement for legal advice.

I’ve been a victim of assault, does my immigration status affect my ability to access on-campus resources?

No.  Under the law, students and staff who are victims or survivors of sexual and interpersonal violence receive the same rights under Title IX of the 1972 Education Amendments (Title IX) and the Violence Against Women Act (VAWA), regardless of immigration and visa status.  Information about on-campus counseling resources, as well as available accommodations, may be found here.  Information about the student conduct process may be found in the Student Handbook.  The Graduate School will not retaliate against you or treat you differently on the basis of reporting a crime.

Can I press criminal charges as a documented or undocumented immigrant?

Yes.  Information about your state’s criminal definitions of sexual assault, domestic violence, dating violence and stalking may be found in the Annual Security Report. Specific questions about filing charges may be addressed with law enforcement or with your immigration attorney.

Are there specific visa and immigration statuses for victims of crimes?

Yes.  For victims of sexual assault, domestic violence, dating violence and stalking, there may be other visa options in the United States, including U and T Visas.  For specifics, talk to an immigration attorney, and see the following USCIS websites:

Is there an office on campus that can provide me additional information?

The Registrar, Mr. Guttman, can provide useful information regarding immigration status.  Note that for questions regarding changes to other visa statuses, or legal options that fall outside of standard F-1 student visas, consult a qualified immigration attorney.

Options available for F-1 students:

  • Options for reduced course-load approval due to medical conditions certified by a licensed medical doctor, doctor of osteopathy, or licensed clinical psychologist
  • Options for, and consequences to, withdrawing from your academic program
  • Information about returning to the academic program at a later date, if the student chooses to withdraw
  • Options and consequences for accompanying spouses
  • General information on options for changing visa status.
  • General information on U and T visas. (Referral to a qualified immigration attorney)
  • Referral to a qualified attorney

What is an immigration lawyer and what do they do?

Immigration lawyers are licensed attorneys who specialize in the field of immigration law. They function as the client’s advocate, and can represent them before immigration agencies, both in immigration court as well as in filing applications for immigration benefits. The lawyer can give general advice and can discuss immigration options. Like all lawyers, immigration lawyers are bound by professional ethical and legal requirements, and keep client discussions confidential.

Where can I find a local immigration attorney?

U.S. Citizenship and Immigration Services (USCIS), a bureau of the Department of Homeland Security (DHS), offers two sites to help individuals find free or low-cost legal representation:

Other online resources to help individuals find legal representation include:

CLICK FOR MORE INFORMATION ABOUT:

Bias, Hazing, Stalking, Sexual and Domestic Violence Information

Bias-Related Crime Defined

A person commits a bias-related/hate crime, commonly referred to as “harassment” or “discrimination,” when he or she commits a crime as defined by federal or state statutes “in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of person. Such crimes can be committed against either person or property.

Prevention of Bias Related Crimes

School policy requires that all persons are treated with respect and understanding

NYGSP supports the elimination of biased language in its written and oral examination and requests that employees employ bias-free language principles in all its media.

Reporting Bias-Related Incidents

All members of the community are responsible for reporting incidents of bias related conduct. Any individual who believes he or she has been a victim of such conduct or who wishes to discuss an incident or seek guidance may contact any member of the faculty or administration. NYGSP will seriously and thoroughly investigate any complaints and take appropriate action, which can range from a recommendation of further analysis to suspension or expulsion. Victims of such offenses are strongly advised to discuss the issue in their psychoanalysis, a requirement for matriculation in the program.

In addition to reporting incidents to the school, the individual may seek legal redress. NYGSP will assist a member of the community.

Any student, staff member, or faculty who exercises bad faith and brings false, malicious, or frivolous charges may be subject to disciplinary action.

Reporting Crimes

Anyone who has been the victim of a crime or who believes him/herself to be a victim of a crime in a school related event can report the incident to the local law enforcement agency, the Sixth Precinct, at (212) 741-4841, in addition to any action taken with the school. NYGSP will cooperate fully with any legal investigation.

Additional guidance for crime victims can be found at the Office of Victim Services website: https://ovs.ny.gov/

Hazing

Hazing is any activity expected of someone joining or participating in a group that humiliates, degrades, abuses, or endangers them regardless of a person’s willingness to participate and includes the following actions.

“To haze another person, regardless of the person’s consent to participate. Hazing means an act that, as an explicit or implicit condition for initiation to, admission into, affiliation with, or continued membership in a group or organization, (1) could be seen by a reasonable person as endangering the physical health of an individual or as causing mental distress to an individual through, for example, humiliating, intimidating, or demeaning treatment, (2) destroys or removes public or private property, (3) involves the consumption of alcohol or drugs, or the consumption of other substances to excess, or (4) violates any University policy.” (From Cornell University definition)

All members of the NYGSP community are responsible for reporting incidents of hazing. Any individual who believes he or she has been a victim of hazing or who wishes to discuss an incident or seek guidance may contact any member of the faculty or administration. NYGSP will seriously and thoroughly investigate any complaints and take appropriate action, which can range from a recommendation of further analysis to suspension or expulsion. Victims of hazing are strongly advised to discuss the issue in their individual psychoanalysis (a requirement for matriculation in the program).

In addition to reporting incidents to the school, the individual may seek legal redress. NYGSP will assist a member of the community to do so. Any student, staff member, or faculty who exercises bad faith and brings false, malicious, or frivolous charges may be subject to disciplinary action.

For more information and resources on hazing, see: www.stophazing.org

Stalking

Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.

Stalking can include:

  • Repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or email.
  • Repeatedly leaving or sending victim unwanted items, presents, or flowers.
  • Following or lying in wait for the victim at places such as home, school, work, or recreation place.
  • Making direct or indirect threats to harm the victim, the victim’s children, relatives, friends, or pets.
  • Damaging or threatening to damage the victim’s property.
  • Harassing victim through the internet.
  • Posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth.
  • Obtaining personal information about the victim by accessing public records, using internet search services, hiring private investigators, going through the victim’s garbage, following the victim, contacting victim’s friends, family work, or neighbors, etc. (Source: Stalking Resource Center, National Center for Victims of Crime)

Any individual who believes he or she has been a target of stalking or who wishes to discuss an incident or seek guidance may contact any member of the faculty or administration. Victims of stalking are strongly advised to discuss the issue in their individual psychoanalysis (a requirement for matriculation in the program).

In addition to reporting incidents to the school, the individual may seek legal redress. NYGSP will assist a member of the community to do so. Any student, staff member, or faculty who exercises bad faith and brings false, malicious, or frivolous charges may be subject to disciplinary action.

For more information and resources on stalking, see: www.justice.gov/ovw/stalking#resource-tips

Domestic violence

Domestic Violence Defined: Also known as domestic abuse, domestic violence is a pattern of behavior used to establish power and control over another person through fear and intimidation, often including the threat or use of violence.

Some signs of domestic violence and abuse are more obvious than others. These are a few of the most common:

Does your partner ever…

  • Accuse you of cheating and being disloyal?
  • Make you feel worthless?
  • Hurt you by hitting, choking or kicking you?
  • Intimidate and threaten to hurt you or someone you love?
  • Threaten to hurt themselves if they don’t get what they want?
  • Try to control what you do and who you see?
  • Isolate you?
  • Pressure or force you into unwanted sex?
  • Control your access to money?
  • Stalk you, including calling you constantly or following you?

Any individual who believes he or she has been a victim of domestic violence or who wishes to discuss an incident or seek guidance may contact any member of the faculty or administration. Victims of domestic violence are strongly advised to discuss the issue in their individual psychoanalysis (a requirement for matriculation in the program).

In addition to reporting incidents to the school, the individual may seek legal redress. NYGSP will assist a member of the community to do so. Any student, staff member, or faculty who exercises bad faith and brings false, malicious, or frivolous charges may be subject to disciplinary action.

For more information and resources on domestic violence, see:

www.safehorizon.org/page/domestic-violence-get-help-10.html

or

www.manhattanda.org/resources-victims-domestic-violence

Sexual Misconduct and Assault Information

Introduction

NYGSP is committed to providing a safe environment for its students, staff, faculty, and general public. As a graduate program offering a degree in psychoanalysis, we are mindful that our education admits to the prevalence of sexual and aggressive impulses. Our policies are directed toward behavior and do not purport to regulate beliefs, attitudes, or feelings. This understanding, however, in no way condones behaviors defined by federal and state law to be a crime. In July 2015, New York State passed legislation designed to prevent the occurrence of sexual crimes involving college and university students and to promote policies and procedures that provide an appropriate response should they occur. The following information will help students to recognize acceptable and unacceptable behaviors, potential consequences of engaging in unacceptable behavior and NYGSP’s response to reports of such behavior.

Affirmative Consent to Sexual Activity

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.

  • Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
  • Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  • Consent may be initially given but withdrawn at any time.
  • 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. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, 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.
  • When consent is withdrawn or can no longer be given, sexual activity must stop.

Sexual Assault and Interpersonal Violence

Sexual assault is a crime. Its offenses include rape, sodomy, sexual and aggravated sexual abuse, and sexual misconduct. Sexual harassment is also a crime and includes, but is not limited to, stalking, unwanted touching, unwanted verbal or physical contact, and adverse conduct based on a person’s sexual orientation. Interpersonal violence includes domestic and dating violence. Sexual assault, sexual harassment and interpersonal violence can occur between persons of the same gender or the opposite gender. It can occur between faculty/administration and student, student and student, and faculty and administration. The penalties for those convicted of such crimes range from a few months for a misdemeanor to twenty-five years for a felony.

  Protecting Against Sexual Assault

Sexual violence and rape can happen to anyone at any time. Perpetrators, not survivors, are responsible for sexual violence. Only a perpetrator can prevent a sexual assault or other form of sexual violence, but we can all take steps to reduce the risk. Some prevention strategies for everyone include:

  • Respect the rights of others.
  • Listen to the messages your partner is giving. Be sensitive to both verbal and nonverbal communication. Ask. Double check that you both are doing what you want.
  • The absence of the word “no” does not constitute consent. Make sure you have consent by asking your partner what they want to do. If your partner seems confused or unsure, it’s time to stop.
  • Remember that having done something sexual relations previously is not a blanket “yes” for the future.
  • Remember that your partner can change “yes” to “no” at any time. Respect their choice.
  • Know which behaviors constitute rape and sexual assault, and understand that most incidents happen between people who know each other.
  • If you choose to drink, be responsible. Alcohol consumption greatly increases the risk of sexual assault.
  • Never slip anyone any type of drug. Not only is this illegal, but you don’t know what effect a drug can have on someone.
  • Increase your safety.
  • Think about what you really want from a partner before a possibly uncomfortable or dangerous situation occurs.
  • Communicate clearly. You have the right to say “no” or “I’m not sure.”
  • Go to a party with friends, not alone. Keep track of your friends and leave with them. Don’t leave alone or with someone you don’t know well.
  • If you choose to drink, be careful. Offenders often take advantage of people who have been drinking.
  • Know what’s in your drink, whether it’s non-alcoholic or contains alcohol. Open the can yourself, make your drink yourself or watch it being made, and don’t leave your drink unattended. Avoid punch bowls– there is no way to know how much alcohol is in them, and since date rape drugs are odorless, colorless and tasteless they can be added to punch without anyone knowing. Date rape drugs can cause dizziness, disorientation, loss of inhibition, blackouts, and loss of consciousness. If you feel any strange symptoms, tell someone you trust right away.
  • Know which behaviors constitute sexual assault and rape. Understand that most incidents occur between people who know each other.
  • If something happens, it wasn’t your fault. You have the right to get anonymous or confidential support from resources on campus and off campus.
  • Look out for the safety of friends.
  • When going to a party with friends, keep track of each other while you’re there. Plan to leave together and don’t let anyone leave alone.
  • If a friend decides to leave a party with someone else, talk to them about their safety. If you are worried about someone, it’s ok to try to protect them from harm.
  • Learn more about sexual assault and rape and how to help a friend who may have been assaulted.
  • If a friend discloses to you that they have been sexually assaulted, don’t take it all on yourself. Use NYGSP or off campus resources for advice and support for your friend and for yourself.

Additional resources for victims of sexual assault, harassment or interpersonal violence

State-wide Resources: Counseling & Advocacy Hotlines and Law Enforcement

To disclose confidentially the incident and obtain services from the New York State, New York City or county hotlines:

http://www.opdv.ny.gov/help/dvhotlines.html

Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages:

http://www.opdv.ny.gov/help/index.html (or by calling 1-800-942-6906).

Assistance can also be obtained through:

The New York State Domestic Violence 24-Hour Hotline [English & Español/ multi-language accessibility]: 1-800-942-6906

Legal Momentum: https://www.legalmomentum.org/
The Legal Momentum website provides detailed publications and resources for survivors of sexual, interpersonal, and domestic violence. Additionally, the website has assembled toolkits for survivors on: finding lawyers, sexual harassment laws, stalking, and how to file complaints

NYSCASA: http://nyscasa.org/get-help/
NYSCASA is a nonprofit organization dedicated to providing emotional support, technical assistance, and resources for survivors of sexual violence through rape crisis centers and a 24/7 crisis hotline.

If you have been sexually assaulted, call the New York State Hotline for Sexual Assault and Domestic Violence: 1-800-942-6906

NYSCADV: http: //www.nyscadv.org/
NYSCADV works to ensure the provision of effective and appropriate services to survivors through community outreach, training, technical assistance, and policy development. The New York State Domestic Violence 24-Hour Hotline [English & Español/multi- language accessibility]: 1-800-942-6906

The National Domestic Violence 24-Hour Hotline:
1-800-799-7233 or 1-800-787-3224 (TTY)

Hotline: 1-800-832-1901

RAINN: https://www.rainn.org/get-help
RAINN is the nation’s largest anti-sexual violence organization, and operates the National Sexual Assault Hotline in partnership with many local rape crisis centers across the country.

National Sexual Assault Hotline: 1-800-656-HOPE (4673)
The National Sexual Assault Hotline is operated by RAINN and provides 24/7 support for victims and survivors of sexual violence.
National Sexual Assault Online Hotline: https://ohl.rainn.org/online/ 

Safe Horizon: http://www.safehorizon.org/
Safe Horizon takes action by providing practical services like a new lock, 24-hour hotlines, safe shelter, and food as well as supportive services like mental health counseling.

Safe Horizon domestic violence hotline: 1-800-621-HOPE (4673)

Note that these hotlines are for crisis intervention, resources, and referrals, and are not reporting mechanisms, meaning that disclosure on a call to a hotline does not provide any information to the campus.

Victims/survivors are encouraged to additionally contact a campus confidential or private resource so that the campus can take appropriate action in these cases.

Additional off-campus resources are listed here

REPORTING SEXUAL ASSAULT, STALKING, DATING VIOLENCE OR DOMESTIC VIOLENCE:

NYGSP strongly encourages individuals who have experienced sexual assault, stalking, dating or domestic violence or sexual harassment to file a complaint as outlined below. Such reporting will enable complainants to get the support they need and provide the NYGSP with the information it needs to take appropriate action. Any student, staff or faculty member wanting to report sexual assault, stalking, dating violence or domestic violence should contact the Title IX coordinator, Ms. Angela Musolino at (212) 260-7050 or (917) 620-5068, or at amusolino@cmps.edu. A student may also choose to instead report the event to his/her academic advisor or other faculty member. Students who report incidents of sexual misconduct to their psychoanalyst are covered by confidentiality. The analyst is not required to report the information to NYGSP. Reports to other NYGSP faculty, staff or administrators are covered by privacy.

Confidentiality versus Privacy

Confidentiality is the commitment not to share any identifying information with others, except as required by law in emergency circumstances (such as risk of death or serious bodily harm). Confidentiality may only be offered by individuals who are not legally required to report known incidents of Sexual Misconduct to college officials. Licensed mental health counselors, medical providers & pastoral counselors may offer confidentiality.

Privacy is the assurance that the college will only reveal information about a report of Sexual Misconduct to those who need to know the information in order to carry out their duties or responsibilities or as otherwise required by law. Individuals who are unable to offer the higher standard of confidentiality under law, but who are still committed to not disclose information more than necessary, may offer privacy.

There is no prescribed method for filing a complaint of sexual misconduct. NYGSP will respond to complaints whether they are oral or written. Once any one of the officials or personnel above is notified of an incident of sexual misconduct, she/he will provide a copy of this Policy to the complainant and coordinate with the Title IX coordinator, including taking appropriate interim and supportive measures. All officials will maintain a complainant’s privacy to the greatest extent possible, and all information in connection with the complaint, including the identities of the complainant and the respondent, will be shared only with those who have a legitimate need for the information.

Student’s Bill of Rights

All students have the right to:

  1. Make a report to local law enforcement, the New York City Police Department;
  2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
  3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
  4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
  5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
  6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
  7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
  9. Access to at least one level of appeal of a determination;
  10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

Amnesty for Alcohol and/or Drug Abuse

The health and safety of every student at the NYGSP is of utmost importance. NYGSP recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. NYGSP strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to NYGSP’s officials or law enforcement will not be subject to NYGSP’s code

of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

NYGSP Response to Reports of Sexual Assault or Harassment

Student’s Rights

Individuals who have experienced sexual misconduct have the right to file a complaint with NYGSP or to decide not to do so. Reports will be investigated in accord with the procedures listed below and the reporting individual’s identity will remain private at all times if the reporting individual wishes to maintain privacy. (The decision on whether to bring disciplinary charges, however, rests with the campus.)

Students who report sexual misconduct have all of the rights contained in the Student’s Bill of Rights (accessible online here: http://nygsp.bgsp.edu/rights/) along with the rights listed below.

  • To notify campus public safety officer, local law enforcement, and/or the state police; or to choose not to report.
  • To have emergency access to an NYGSP official trained to interview victims of sexual assault and able to provide certain information, including reporting options and information about confidentiality and privacy. The official will, where appropriate, advise the reporting individual about the importance of preserving evidence and obtaining a sexual assault forensic examination (“SAFE”) as soon as possible. The official will also explain that the criminal process uses different standards of proof, evidence, and that any questions about whether an incident violated criminal law should be addressed to a law enforcement official or a district attorney’s office.
  • To disclose the incident to a college representative who can offer confidentiality or privacy and assist in obtaining services for reporting individuals.
  • To describe the incident only to those campus officials who need the information in order to properly respond and to repeat the description as few times as practicable.
  • To have complaints investigated in accordance with NYGSP policy.
  • To have privacy preserved to the extent possible.
  • To receive assistance and resources on campus, and to be notified of other services available off-campus, including the New York State Office of Victim Services.
  • To disclose the incident to the college’s Program Director if the accused is an NYGSP employee or request that a confidential or private resource assist in doing so.
  • To disclose the incident confidentially and obtain services from state and local governments.
  • To receive assistance from the campus or others in filing a criminal complaint, initiating legal proceedings in family court or civil court, and /or seeking an Order of Protection or the equivalent. In New York City, this assistance is provided by Family Justice Centers located in each borough: http://www1.nyc.gov/site/ocdv/programs/family-justice-centers.page.
  • To receive assistance with effecting an arrest when an individual violates an Order of Protection, which may be provided by assisting local law enforcement in effecting such an arrest.
  • To withdraw a complaint or involvement from the process at any time.

Students can speak with confidential resources on a strictly confidential basis before determining whether to make a report to college authorities. Students also have the right to consult confidentially with state, local and private resources who can provide other assistance.

Student Rights When a Complaint is Filed
  • When respondent is a student, the complainant has the right to a college-issued “no contact order” under which continued intentional contact with the complainant would violate this policy. If the accused or respondent and a reporting individual observe each other in a public place, it shall be the responsibility of the accused or respondent to leave the area immediately and without directly contacting the reporting individual. “No contact” orders may be issued for both the complainant and the respondent, as well as other individuals as appropriate.
  • Both the accused or respondent and the reporting individual, shall upon request and consistent with NYGSP policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request. An appropriate schedule shall be established as necessary to allow the accused and respondents to access the campus areas when the reporting individual is absent from those areas.
  • Both students can receive assistance from the Title IX coordinator to obtain an order of protection from the New York City judicial system. A copy of the order of protection will be provided to both parties. Both parties will be provided the opportunity to meet or speak with the Title IX coordinator who will provide an explanation of the order and the accused responsibility to stay away from the protected person(s) and the consequences of violating the order.
  • When the accused or respondent student is determined to present a continuing threat to the health and safety of the community, NYGSP can subject the accused or respondent to interim suspension pending the outcome of a judicial or conduct process consistent with Education Law 129B and NYGSP policies and procedures.
  • Prior to the commencement of a temporary suspension of a student, NYGSP shall give the respondent and reporter oral notice (which shall be confirmed via email to the address appearing on the records of the college) or written notice of the charges. If the respondent denies them, NYGSP shall give the respondent an informal oral explanation of the evidence supporting the charges and the student may present informally her/his explanation or theory of the matter.
  • Both complainant and the respondent will be notified of the suspension and if or when it the suspension is lifted at the same time and in the same manner.
  • After a report of an alleged incident of sexual misconduct is made to the Title IX Coordinator, a complainant may request (a) that the matter be investigated only to the extent possible without further revealing her/his identity or any details regarding the incident being divulged further (b) that no investigation into a particular incident be conducted, or (c) that an incident not be reported to outside law enforcement.
  • When the accused or respondent student is determined to present a continuing threat to the health and safety of the community, NYGSP can subject the accused or respondent to interim suspension pending the outcome of a judicial or conduct process consistent with Education Law 129B and NYGSP policies and procedures.
  • Both the accused or respondent and the reporting student shall upon request be afforded a prompt review of the need for and terms of the interim measures and accommodation that directly affects the individual. Both shall be allowed to submit evidence in support of their request.

In all such cases, the Title IX Coordinator will weigh the complainant’s request against NYGSP’s obligation to provide a safe, non-discriminatory environment for all students, employees and visitors, including the complainant. Factors used to determine whether to honor such a request include, but are not limited to: (a) whether the respondent has a history of violent behavior or is a repeat offender; (b) whether the incident represents escalation of unlawful conduct by the accused from previously noted behavior; (c) any increased risk that the accused will commit additional acts of violence, (d) whether the accused used a weapon or force; (e) whether the complainant is a minor; (f) whether the college possesses other means to obtain evidence such as security footage; and (g) whether available information reveals pattern of misconduct at a given location or by particular group.

A decision to maintain confidentiality does not mean that confidentiality can be absolutely guaranteed in all circumstances, but that reasonable efforts will be made to keep information confidential consistent with law. Notwithstanding the decision of the Title IX Coordinator regarding the scope of any investigation, NYGSP will provide the complainant with ongoing assistance and support.

If the Title IX Coordinator determines that NYGSP may maintain confidentiality as requested by the complainant, the college will, if possible, take reasonable steps to investigate the incident consistent with the request for confidentiality. However, a college’s ability to meaningfully investigate the incident and pursue disciplinary action may be limited by such a request for confidentiality.

Filing External Complaints

Complainants who feel that they have been subjected to unlawful sexual harassment and/or violence have the right to avail themselves of any and all of their rights under law, including but not limited to filing complaints with one or more of the outside agencies listed below.

U.S. Department of Education, Office for Civil Rights

http://www2.ed.gov/about/offices/list/ocr/complaintprocess.html

U.S. Equal Employment Opportunity Commission

https://www.eeoc.gov/federal/fed_employees/filing_complaint.cfm

New York State Division of Human Rights

https://dhr.ny.gov/complaint

New York City Commission on Human Rights

http://www1.nyc.gov/site/cchr/about/resources.page

Members of the NYGSP community who make false and malicious complaints of violations of this policy of as opposed to complaints which, even if erroneous, are made in good faith, may be subject to disciplinary action.

The Investigation of Sexual Misconduct and Violence

Upon receipt of a report of sexual assault, domestic violence, dating violence, stalking or sexual activity that violates NYGSP’s code of conduct, the following student’s rights apply:

  • A student has the right to request that student conduct charges be filed against the accused according to NYGSP policy and procedures outlined below.
  • The respondent has the right to a notice describing the date, time, location and factual allegations concerning the violation, with a reference to the specific code of conduct provision allegedly violated, and the possible sanctions for that violation.
  • Both complainant and respondent are provided an opportunity to offer evidence during an investigation and to present evidence and testimony at a hearing.
  • Both complainant and respondent have access to a full and fair record of the hearing which may be a transcript, recording or other appropriate record.
  • The respondent and reporting individuals are provided with a written notice of the findings of fact, the decision and the sanctions extended, if any, as well as the rationale for the decision and sanctions.
  • Both the complainant and the respondent have the right to review the available evidence in the case file or otherwise in possession or control of NYGSP.
  • Both complainant and respondent have access to at least one level of appeal of the determination made at a hearing. The hearing will be conducted by the Appeal Board, that will consist of two faculty members and one student representative chosen by the Program Director’s Council to ensure fairness and impartiality and to avoid any member who may have conflict of interest. All three members vote and a majority will decide all questions.
  • In order to effectuate an appeal, the respondent and reporting individuals shall receive written notice of the findings of fact, the decision and the sanctions, if any, as well as the rationale for the decision and sanction. In such cases, rights provided to one party must be provided to the other in a similar manner.

Throughout the proceedings involving an accusation of sexual assault, domestic violence, dating violence, stalking, or other sexual misconduct that violates NYGSP’s code of conduct, the reporting and respondent or accused has the right:

  • to be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process.
  • to a prompt, thorough, and impartial investigation. The NYGSP Title IX Coordinator is responsible for conducting any investigation and may designate another appropriately trained administrator to conduct all or part of the investigation. All individuals conducting the investigation will have received annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible’ until a finding of responsibility is made pursuant to an investigation and adjudication consistent with NY State law and the policies and procedures of NYGSP.
  • to exclude their own prior sexual history with persons other than the other party in the judicial or conduct process or their own mental health diagnosis and/or treatment from admittance in the NYGSP disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction.
  • to receive a written or electronic notice, provided in advance that is reasonable under the circumstances, of any meeting they are required to or are eligible to attend, with a reference to the specific code of conduct provision allegedly violated and in what manner, and the possible sanction or sanctions that may be imposed on the respondent based upon the outcome of the judicial or conduct process. The designated hearing panel or investigating officer will provide a written statement detailing the factual findings supporting the determination and the rationale for the sanction imposed.
  • to make an impact statement during the point in the proceeding where the decision maker is deliberating on appropriate sanctions.
  • to be informed of the sanction or sanctions that may be imposed on the respondent based upon the outcome of the judicial or conduct process and the rationale for the actual sanction imposed.

The NYGSP Title IX Coordinator is responsible for conducting any investigation and will ensure to:

  • coordinate investigative efforts with other appropriate offices;
  • interview witnesses who might reasonably be expected to provide information relevant to the allegations, and review relevant documents and evidence. Both the complainant and respondent shall be informed that they have the right to provide relevant documents and to propose for interview witnesses whom they reasonably believe can provide relevant information.
  • will maintain all documents of the investigation and hearing, whether a transcript or recording for five years, in accordance with NYGSP policy and in compliance with New York State law.

Neither the complainant nor the respondent is restricted from discussing and sharing information related to the complaint with others who may support or assist them. This does not, however, permit unreasonable sharing of private information in a manner intended to harm or embarrass another, or in a manner that would recklessly do so regardless of intention. Such unreasonable sharing may constitute retaliation under this Policy.

NYGSP shall make reasonable efforts to ensure that the investigation and resolution of a complaint are carried out as timely and efficiently as possible. However, the graduate school may need to temporarily delay the fact-finding portion of its investigation during the evidence-gathering phase of a law enforcement investigation. Temporary delays will generally not last more than ten days except when law enforcement specifically requests and justifies a longer delay. While some complaints may require more extensive investigation, when possible, the investigation of complaints should be completed within sixty (60) calendar days of the receipt of the complaint. If there is a delay in completing the investigation, the Title IX Coordinator shall notify the complainant and the respondent in writing.

Informal Resolution

Except in instances involving sexual assault, the Title IX Coordinator, in his or her discretion, may offer the respondent and the complainant the opportunity to participate in the informal resolution process. Informal resolution may take place after the Title IX Coordinator has completed the investigation, but before the Title IX report has been completed, in an effort to resolve the matter by mutual agreement. The informal resolution process shall be conducted by the Title IX Coordinator, or by a qualified staff or faculty member designated by Title IX Coordinator, in coordination with the Director of Educational Advisement.

Both the complainant and the respondent have the right to end the informal resolution process at any time. Any informal resolution must be acceptable to the complainant, the respondent, and the Title IX Coordinator. Even if both the respondent and complainant agree to a resolution, the Title IX Coordinator must also agree with the resolution for it to be final.

If a resolution is reached, the complainant and the respondent shall be notified in writing, and the Title IX Coordinator will confer with the Director of Educational Advisement when creating a written memorandum memorializing the agreed upon resolution and consequences for non-compliance. This memorandum will be included in the respondent’s student record.

If no agreement is reached within a reasonable time, the Title IX Coordinator shall complete the Title IX report and present the Title IX report of the facts collected during the investigation to the ad hoc Committee on Discipline. This committee comprised of three members of the faculty elected by the Faculty Council, two members of the Student Association, and the Director of Educational Advisement will review the facts to determine the disposition of the case. The committee may determine that the facts do not require any action. If the committee decides that action is required that may negatively impact the accused, a hearing will be arranged within one week.

Rights and Responsibilities for the Hearing

If a hearing is to be held, the complainant and the respondent will be advised of their rights regarding the hearing by the Director of Educational Advisement. These rights include:

  • To receive a written statement of the complaint, a copy of the procedures of the ad hoc Committee on Discipline, and notice of the time and location of the hearing.
  • To have a hearing before the Committee on Discipline at the earliest possible date consonant with the right to advance notice.
  • To be present at the hearing.
  • To call witnesses and present evidence; to hear and to question witnesses; and to review and to question all written testimony submitted. The ad hoc Committee on Discipline cannot consider statements against a student unless the student has been advised of their content and the names of those who made them and given the opportunity to rebut.
  • To have all evidence upon which a decision may be based introduced at the formal hearing and the decision based solely on such evidence.
  • To select an advisor of their choice (including an attorney) and who may advise throughout the entire process, including all meetings and hearings. While the advisor may represent a party and fully participate at a hearing, they may not speak during the meetings that proceed the hearing nor give testimony as a witness at the hearing.
  • To challenge any member of the ad hoc Committee on Discipline with conflict of interest in the case. Prior acquaintance does not, in itself, constitute conflict of interest. The Director of Educational Advisement as chair of the ad hoc Committee on Discipline will hear the challenge in the absence of the other members of the Committee and will decide it. If the Chair is challenged, then the Appeal Board (see pp. 33-34 of the NYGSP Student Handbook) must make the determination and, if necessary, appoint a temporary chair for the hearing.
  • To submit an appeal to the Appeal Board at the conclusion of the hearing before the Committee on Discipline.

In a disciplinary proceeding related to an allegation of dating violence, domestic violence, sexual assault, or stalking, the Committee shall use the preponderance of evidence standard when making a final determination. This standard requires the evidence presented to prove that it is more likely than not that the alleged incident occurred a certain way.

The accuser and the accused will both receive simultaneous notification of the outcome of the institution’s final determination with respect to the alleged sexual offense and any sanction that is imposed against the accused. This notification to both the accuser and the accused is not a violation of the Family Education Rights and Privacy Act of 1974 (FERPA) and will be disclosed in the same manner and the same time frame to both, regardless of where the alleged sex offense occurred.

Penalties and Sanctions

Note: To review the full Code of Conduct, please reference the NYGSP Student Handbook, pp. 12-14.

A student found to have violated the Code of Conduct is subject to one or more of the following penalties, depending on the nature of the violation and of his/her prior disciplinary record:

  1. Warning: A written admonition that will be considered in determining penalties if future violations occur.
  2. Fines: These may be assigned for minor infractions of the Code when appropriate. They may also be used in cases of damage to school or personal property, but in cases of serious and/or repeated acts of destruction or vandalism, the imposition of fines must be combined with other disciplinary penalties.
  3. Limitation on Participation: A student may be penalized by being barred from participating in school activities.
  4. Community Service and Other Alternatives: The Director of Educational Advisement or the Committee on Discipline can impose particular forms of community service and a number of hours to be worked. The Director of Educational Advisement will be responsible for supervising the implementation of the community service. The Director of Educational Advisement may also require attendance, when appropriate, at drug or alcohol workshops or other similar alternatives suitable to the nature of the infraction.
  5. Disciplinary Probation: A strong warning in writing which specifies that further infractions of the Code during a student’s time at the NYGSP will, in most instances, lead to suspension, dismissal or, in very serious cases, expulsion from the school. A student on disciplinary probation may be barred from some or all extracurricular activities for a defined period.
  6. Course Penalties: Acts of cheating or plagiarism are serious infractions. In such cases, the instructor, after consultation with the Director of Educational Advisement or Program Director, has the discretion to decide whether the grade should be imposed for the particular assignment or for the whole course. All such acts will be part of the student’s general file. The Director of Educational Advisement, Program Director, or the Committee on Discipline may impose other penalties as well, from disciplinary probation to expulsion, depending on the seriousness of the offense and the student’s previous record.
  7. Suspension: The rights and privileges of being a student at NYGSP may be suspended for a specific period of time, the minimum of which will be to the end of the current semester. The student must not return until the end of the period of suspension. Reapplication for admission is not necessary.
  8. Dismissal: A student may be required to leave school for at least one semester and petition for readmission. The student may be required to fulfill particular obligations while away from the School and to provide evidence of having done so, along with evidence of his/her readiness to return to study.
  9. Expulsion: This means the permanent termination of student and degree-candidate status at the NYGSP. It may be imposed only in the most serious cases.

For crimes of violence, including but not limited to sexual violence, defined as crimes requiring reporting pursuant to the federal Clery Act (20 U.S.C. 1092 (f)(1) (F)(i) (I)-(VIII), NYGSP will 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.

In the event that a respondent withdraws from the college before a decision is rendered on the charges, the respondent is required to participate in the disciplinary hearing or otherwise to resolve the pending charges and shall be barred from attending any other unit of the university until a decision on the charges is made, or the charges are otherwise resolved. Immediately following such withdrawal, the college shall place a notation on the respondent’s transcript that the respondent “withdrew with conduct charges pending.” If the respondent fails to appear, the college may proceed with the disciplinary hearing in absentia, and any decision and sanction shall be binding, and the transcript notation, if any, resulting from that decision and penalty shall replace the notation. If the finding of responsibility is vacated for any reason, any transcript notation will be removed. An appeal for the removal of a suspension notation can be made to the ad hoc Committee on Discipline which will follow the standard appeals process, but the suspension notation cannot be removed prior to a year after the suspension conclusion. Notations for expulsion cannot be removed.

Other penalties do not appear on student transcripts.

The Director of Educational Advisement is authorized to judge violations and to assign a penalty in all cases in which guilt or responsibility is not disputed. Cases of intellectual dishonesty may be settled by an instructor in consultation with the student and the Director of Educational Advisement; after the first offense, the case will go before the ad hoc Committee on Discipline.

Among those actions which normally will result in probation or more serious penalties are interference with others’ exercise of their academic freedom, intimidation or physical threat or harm, acts of vandalism or destruction of property, academic dishonesty, sexual or other harassment, exploitation of the student-patient relationship and theft.

Appeal

The membership of the Appeal Board will consist of two faculty members and one student representative chosen by the Program Director’s council. All three members vote and a majority will decide all questions.

Decisions of the Committee on Discipline can be appealed by the accused or the aggrieved only in cases of demonstrated failure or unfairness in procedure, in cases of alleged sexual misconduct, or when substantial new evidence can be presented. The student may also appeal the severity of the penalty. Requests for consideration of an appeal must be made in writing by the original complainant or the student complained against within five days of their receipt of the finding of the Committee on Discipline, if the appeal is based on procedural error or severity of penalty, or in timely manner, if the appeal is based on new evidence.

The Appeal Board determines what will be accepted on the basis of these requests and the summary of record of the hearing and any other relevant materials from the hearing.

The Board may resolve the appeal itself on the basis of this information, hold new hearings or refer the case back to the Committee on Discipline with instructions.

There will be no appeal beyond the Appeal Board except to the Program Director, and then only when there is demonstrated failure or unfairness of procedure, or when substantial new evidence can be presented, or for clemency.

Distinctions Between the New York State Penal Law and the College Disciplinary Processes
   Criminal Justice SystemCollege/University Disciplinary System
Goals.Public safety, deterrence, and punishment.Education; safety; safe and supportive campus environment.
Governing Law.New York State Penal Code; New York State Rules of Criminal Procedure (or another state’s rules if the crime took place there), Federal Criminal Law, and Rules of Evidence.Title IX; The Clery Act as amended by the Violence Against Women Act; NYS Education Law sections 129-A and 129-B. More specific rules govern particular colleges and universities.
How to report and whether there must be action once a report is made.Crimes involving sexual violence may be reported to campus police (if the campus has police officers), the local police agency, or to the New York State Police. Certain crimes may also be reported to federal law enforcement agents. Once a report is made, the decision whether to investigate is made by the police/law enforcement agency, often in consultation with a District Attorney or other prosecuting agency. An investigation may be conducted without the consent or participation of a reporting individual. The ultimate decision of whether to initiate a criminal prosecution is initially made by a prosecutor. In cases involving felony charges, the final charging decision is made by a Grand Jury.Victims may disclose sexual violence to various college employees who are designated confidential resources or to others who will try to ensure privacy to the extent consistent with the institution’s obligation to provide a safe educational environment. Disclosures made to a confidential resource will not trigger an investigation. When a report is made to the Title IX Coordinator (TIXC) or another Non-Confidential resource, the TIXC will determine whether an investigation is necessary by weighing a request for confidentiality by the reporting individual against the continuing safety of that person and the safety and best interests of the campus community.
Who investigates?Police or other law enforcement officials.Investigators employed or retained by the college or university; these individuals may work for different departments within the institution, including, but not limited to, the police/public safety department, student affairs and academic affairs.
ProceduresSee Governing Law. Procedures established by police departments, prosecutors’ offices, etc.College/University policies and Bylaws, which generally incorporate requirements of Governing Law. Collective bargaining agreements may impact some procedures.
Standard of Evidence.Crimes must be proven “Beyond a Reasonable Doubt”A violation of disciplinary rules must be found by a “Preponderance of the Evidence” (more likely than not)
ConfidentialityLaw enforcement agencies offer some confidential assistance, but a criminal charge and trial must be public.Colleges and universities offer confidential resources, but a disciplinary proceeding requires that relevant information be shared with those involved.
Privacy.Criminal trials must be public.Disciplinary proceedings are kept as private as possible, but information must be shared with certain individuals within the college, the parties, and pursuant to law.
Who are the parties?The prosecution and defendant. The victim/survivor is not a party, but often the critical witness for the prosecution.Varies by school—some consider the institution and the respondent to be parties, and confer on the reporting individual certain rights to participate, as the law provides. Otherwise, reporting individual and accused/respondent.
Participation in the process.In limited circumstances, a criminal prosecution can proceed without the participation or cooperation of the reporting individual, but without a reporting individual’s participation, it is generally more difficult to prove a crime beyond a reasonable doubt.Reporting students cannot be required to participate in the college process. However, a college will be limited in its ability to respond if a reporting individual does not participate.
Who initiates the proceedings?A prosecutor, acting on behalf of the state (or the United States in federal cases).The college or university initiates proceedings. While rules vary from school to school, they most provide an active role for the reporting individual.
Testimony.In a court, testimony is generally public. Other parties are, through counsel, entitled to cross-examine witnesses.The rules are established by individual colleges and universities, but some institutions provide for alternative approaches that permit students to testify without having other parties in the room and/or to ask cross-examination questions only through the disciplinary panel, investigator, or representative of the reporting individual and/or respondent.
Role of attorneys.Both the state and the defendant are represented by counsel; counsel may question witnesses.Varies by school. Many permit the parties to be advised by attorneys but some limit the attorney’s’ roles to quietly speaking with their clients or passing notes.
Mental Health and Sexual History.In New York, a reporting individual’s prior sexual and mental health history is generally, but not always, inadmissible in a criminal case. There are limited circumstances under which directly relevant evidence of that kind may be admitted.Generally not admissible, but subject to quite limited exceptions. Education Law 129-b permits parties to exclude information about their prior sexual history with persons other than the other party and also to exclude evidence of their own mental health history in the fact-finding phase of the disciplinary process.
Possible Results.If a prosecution takes place, the defendant may   ·         plead guilty or “no contest” ·         have the case dismissed by the judge (on legal grounds) ·         be found “guilty” or “not guilty” by a judge or juryIn cases that do not involve sexual assault, some schools permit mediation or similar procedures if parties agree.   If there is a formal proceeding, the respondent may be found “responsible” or “not responsible” for violations of the institution’s rules. Respondents may also accept responsibility before a finding by an adjudicator.
Sanctions.An individual found guilty may be fined, imprisoned, or both. In some courts, alternative sanctions are sometimes used.An individual found responsible for violating college policy may be given a range of sanctions (depending on the severity of the conduct and other factors, such as prior judicial history), ranging from a warning to suspension or expulsion from the institution.