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 firstname.lastname@example.org. 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:
- Make a report to local law enforcement, the New York City Police Department;
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
- 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;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
- 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;
- Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- 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;
- Access to at least one level of appeal of a determination;
- 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
- 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.