APPENDICES
APPENDIX A
ADDITIONAL INFORMATION ABOUT THE FLEXIBLE COMMON CORE¹
The Flexible Common Core features six liberal arts and sciences courses2, with at least one course from each of the following five areas and no more than two courses in any discipline or interdisciplinary field.
All Flexible Core courses must meet the following three learning outcomes. A student will:
Gather, interpret, and assess information from a variety of sources and points of view.
Evaluate evidence and arguments critically or analytically.
Produce well-reasoned written or oral arguments using evidence to support conclusions.
World Cultures and Global Issues
A course in this area must meet at least three of the following additional learning outcomes. A student will:
• Identify and apply the fundamental concepts and methods of a discipline or interdisciplinary field exploring world cultures or global issues, including, but not limited to, anthropology, communications, cultural studies, economics, ethnic studies, foreign languages (building upon previous language acquisition), geography, history, political science, sociology, and world literature.
Analyze culture, globalization, or global cultural diversity, and describe an event or process from more than one point of view.
Analyze the historical development of one or more non-U.S. societies.
Analyze the significance of one or more major movements that have shaped the world’s societies.
Analyze and discuss the role that race, ethnicity, class, gender, language, sexual orientation, belief, or other forms of social differentiation play in world cultures or societies.
Speak, read, and write a language other than English, and use that language to respond to cultures other than one’s own.
U.S. Experience in its Diversity
A course in this area must meet at least three of the following additional learning outcomes. A student will:
Identify and apply the fundamental concepts and methods of a discipline or interdisciplinary field exploring the U.S. experience in its diversity, including, but not limited to, anthropology, communications, cultural studies, economics, history, political science, psychology, public affairs, sociology, and U.S. literature.
Analyze and explain one or more major themes of U.S. history from more than one informed perspective.
Evaluate how indigenous populations, slavery, or immigration have shaped the development of the United States.
Explain and evaluate the role of the United States in international relations.
Identify and differentiate among the legislative, judicial, and executive branches of government and analyze their influence on the development of U.S. democracy.
Analyze and discuss common institutions or patterns of life in contemporary U.S. society and how they influence, or are influenced by, race, ethnicity, class, gender, sexual orientation, belief, or other forms of social differentiation.
Creative Expression
A course in this area must meet at least three of the following additional learning outcomes. A student will:
Identify and apply the fundamental concepts and methods of a discipline or interdisciplinary field exploring creative expression, including, but not limited to, arts, communications, creative writing, media arts, music, and theater.
Analyze how arts from diverse cultures of the past serve as a foundation for those of the present, and describe the significance of works of art in the societies that created them.
Articulate how meaning is created in the arts or communications and how experience is interpreted and conveyed.
Demonstrate knowledge of the skills involved in the creative process.
Use appropriate technologies to conduct research and to communicate.
¹ This document is adapted from “Common Core Structure: Final Recommendation to the Chancellor,” accepted by Chancellor Goldstein in December 2011)
² “Liberal arts and sciences”courses are defined by the New York State Education Department. http://www.nysed.gov/college-university-evaluation/department-expectations-curriculum#c
Individual and Society
A course in this area must meet at least three of the following additional learning outcomes. A student will:
Identify and apply the fundamental concepts and methods of a discipline or interdisciplinary field exploring the relationship between the individual and society, including, but not limited to, anthropology, communications, cultural studies, history, journalism, philosophy, political science, psychology, public affairs, religion, and sociology.
Examine how an individual’s place in society affects experiences, values, or choices.
Articulate and assess ethical views and their underlying premises.
Articulate ethical uses of data and other information resources to respond to problems and questions.
Identify and engage with local, national, or global trends or ideologies, and analyze their impact on individual or collective decision-making.
Scientific World
A course in this area must meet at least three of the following additional learning outcomes. A student will:
Identify and apply the fundamental concepts and methods of a discipline or interdisciplinary field exploring the scientific world, including, but not limited to: computer science, history of science, life and physical sciences, linguistics, logic, mathematics, psychology, statistics, and technology-related studies.
Demonstrate how tools of science, mathematics, technology, or formal analysis can be used to analyze problems and develop solutions.
Articulate and evaluate the empirical evidence supporting a scientific or formal theory.
Articulate and evaluate the impact of technologies and scientific discoveries on the contemporary world, such as issues of personal privacy, security, or ethical responsibilities.
Understand the scientific principles underlying matters of policy or public concern in which science plays a role.
APPENDIX B
NOTICE OF ACCESS TO CAMPUS CRIME STATISTICS, THE CAMPUS SECURITY REPORT, AND INFORMATION ON REGISTERED SEX OFFENDERS
The College Advisory Committee on Campus Safety will provide upon request all campus crime statistics as reported to the U.S. Department of Education, as well as the annual campus security report. The campus security report includes: (1) the campus crime statistics for the most recent calendar year and the two preceding calendar years; (2) campus policies regarding procedures and facilities to report criminal actions or other emergencies on campus; (3) policies concerning the security of and access to campus facilities; (4) policies on campus law enforcement; (5) a description of campus programs to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others; (6) campus crime prevention programs; (7) policy concerning the monitoring through the police of criminal activity at off-campus locations of student organizations officially recognized by the college; (8) policies on illegal drugs, alcohol, and underage drinking; (9) where information provided by the State on registered sex offenders may be obtained (also see below); and (10) policies on campus sexual assault programs aimed at the prevention of sex offenses and procedures to be followed when a sex offense occurs. This information is maintained pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
The campus crime statistics and the annual campus security report are available in the Public Safety Office - Loew Hall 5th Floor, Office of Human Resources – South Hall Room 106 and Office of Student Affairs – Loew Hall Room 201. If you wish to be mailed copies of the campus crime statistics and the annual campus security report, you should contact public safety at 718-289-5923, and copies will be mailed to you within 10 days. The U.S. Department of Education’s website address for campus crime statistics is https://ope.ed.gov/campussafety/#/institution/search (then follow Step 1. Search Institution/Campus) You may contact the College’s public safety office (Loew Hall, RM 505) at 718-289-5923 to obtain information about Level 2 or Level 3 registered sex offenders on campus. To obtain information about Level 3 offenders, you may contact the Division’s registry website at www.criminaljustice.ny.gov/nsor/ and then click on “Search for Level 3 Sex Offenders” or access the directory at the college’s public safety department or police precinct. To obtain information about Level 2 offenders, you need to contact the public safety department, local police precinct in which the offender resides or attends college, or the Division’s sex offender registry at 800-262-3257.
APPENDIX C
Notification of Student Immunization Requirements
Students who do not submit proof of measles, mumps and rubella (MMR) immunization or who fail to return the meningococcal meningitis response form within a statutory grace period shall be prohibited from attending the institution. For additional information, you should contact the Health Services Center located in Loew Hall [LO], Room 101, or call 718-289-5858.
Public Health Law 2165 requires that post-secondary students be immunized against measles, mumps, and rubella (MMR).
All registered full-time students and part-time students born on or after January 1, 1957, who are enrolled for at least six, but fewer than twelve semester hours (or equivalent) per semester in an approved degree program or registered certificate program must submit proof of MMR immunization. Students may be exempt from the required MMR immunizations for religious or medical reasons. To qualify for a religious exception, students must submit a signed statement, or in the event the student is a minor (under 18), a signed statement from their parent or guardian, that they hold sincere and genuine religious beliefs that prohibit immunization. To qualify for a medical exception, students must submit a written statement from a licensed physician or nurse practitioner indicating that such immunization may be detrimental to their health.
Public Health Law 2167 requires that post-secondary institutions provide written information about meningococcal meningitis to its students and that students complete, sign, and return a meningococcal meningitis response form. Public Health Law 2167 does not require that students be immunized against meningitis.
Public Health Law 2167 requires colleges to distribute written information about meningococcal meningitis disease and vaccination and for students to complete, sign and return to the college, a meningococcal meningitis response form that: (a) confirms that the college has provided the information about meningococcal meningitis; and (b) indicates that either: (1) the student has received immunization against meningococcal meningitis within the 10 years preceding the date of the response form; or (2) the student has decided against receiving the vaccination. This law applies to students who are enrolled in at least six semester hours (or the equivalent) per semester. No student may be exempt from receiving information or returning the response form.
APPENDIX D
Special Provisions for Students in the Military
The following policies apply to students who leave CUNY to fulfill military obligations.
I. Students called to active duty or drafted before the end of the semester.
Grades. A student who is called to active duty in the armed forces of the United States after having attended regularly for 13 or more weeks or having completed 85% of the term’s work through acceleration may be given full credit for each course in which he or she has a grade of C or better.
The student must follow their college’s policy on incomplete, and sign an incomplete contract with the instructor. The normal regulations apply, and grades will be recorded as failures if courses are not completed.
Refunds. A student called to active duty or drafted, and who does not attend for a sufficient time to qualify for a grade is entitled to a 100% refund of tuition and all other fees except application fees.
II. Students who volunteer (enlist) for the military.
Grades. A student who is called to active duty in the armed forces of the United States after having attended regularly for 13 or more weeks or having completed 85% of the term’s work through acceleration may be given full credit for each course in which he or she has a grade of C or better.
The student must follow their college’s policy on incomplete, and sign an incomplete contract with the instructor. The normal regulations apply, and grades will be recorded as failures if courses are not completed.
Refunds. A student called to active duty or drafted, and who does not attend for a sufficient time to qualify for a grade is entitled to a 100% refund of tuition and all other fees except application fees.
1. Withdrawal before beginning of the 5th calendar week (3rd calendar week for summer session): 100% refund of tuition and all other fees except application fees.
2. Withdrawal thereafter: 50% refund.
III. Other Provisions for Military Service.
Resident Tuition Rates. These lower rates are applicable to all members of the armed services, their spouses and their dependent children, on full-time active duty and stationed in the State of New York.
Re-enrollment of Veterans. Veterans who are returning students are given preferred treatment in the following ways:
1. Veterans who were former students with unsatisfactory scholastic records may be readmitted with a probationary program.
2. Veterans, upon their return, may register even after normal registration periods, without late fees.
3. Granting of college credit for military service and armed forces instructional courses.
4. Veterans returning too late to register may audit lasses without charge.
C. Late Admissions. Veterans with no previous college experience are permitted to file applications up to the date of registration, and are allowed to begin classes pending completion of their application and provision of supporting documents.
D. Readmission Fee. Upon return from military service, a student will not be charged a Readmission Fee to register at the same college.
E. Veterans Tuition Deferrals. Veterans are entitled to defer the payment of tuition pending receipt of veterans’ benefits.
APPENDIX E
BOARD OF TRUSTEES THE CITY UNIVERSITY OF NEW YORK No. 8. A. THE CITY UNIVERSITY OF NEW YORK-AMENDMENT TO THE POLICY ON WITHHOLDING STUDENT RECORDS RESOLVED:
That the existing Board of Trustees policy with respect to the withholding of student records as last amended on February 22, 1993, Gal. No. 7.C., be amended as follows:
Students who are delinquent and/or in default in any of their financial accounts with the college, the university or an appropriate state or federal agency for which the university acts as either a disbursing or certifying agent, and students who have not completed exit interviews as required by the federal Perkins Loan Program, the federal Family Education Loan Programs, the William D. Ford Federal Direct Loan Program, and the Nursing Student Loan Program, are not to be permitted to complete registration, or issued a copy of their grades, a transcript of academic record, certificate, or degree, nor are they to receive funds under the federal campus-based student assistance programs or the federal Pell Grant Program unless the designated officer, in exceptional hardship cases and consistent with federal and state regulations, waives in writing the application of this regulation.
EXPLANATION: The purpose of this amendment is to formally incorporate all of the applicable federal loan programs.
APPENDIX F
NOTIFICATION UNDER FERPA OF STUDENT RIGHTS CONCERNING EDUCATION RECORDS AND DIRECTORY INFORMATION
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. See Section “6” below on your right to prevent the disclosure of directory information. The FERPA rights of students are:
The right to inspect and review your education records. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. If the records are not maintained by the college official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
All requests shall be granted or denied in writing within 45 days of receipt. If the request is granted, you will be notified of the time and place where the records may be inspected. If the request is denied or not responded to within 45 days, you may appeal to the college’s FERPA appeals officer. Additional information regarding the appeal procedures will be provided to you if a request is denied.
The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. You may ask the college to amend a record that you believe is inaccurate or misleading. You should write to the college official responsible for the record, clearly identify the part of the record you want changed, and specify why it is inaccurate or misleading. If the college decides not to amend the record as requested by you, the college will notify you of the decision and advise you of your right to a hearing before the college’s FERPA appeals officer regarding the request for amendment. Additional information regarding the hearing procedures will be provided to you when notified of your right to a hearing.
The right to consent to disclosure of personally identifiable information contained in your education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to college officials with legitimate educational interests. A college official is a person employed by the university in an administrative, supervisory, academic or research, or support staff position; a person or company with whom the University has contracted; a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another college official in performing his or her tasks.
A college official has a legitimate educational interest if access is reasonably necessary in order to perform his/her instructional, research, administrative or other duties and responsibilities.
Upon request, the college discloses education records without consent to officials of another college or school in which a student seeks or intends to enroll.
You may appeal the alleged denial of FERPA rights to the: General Counsel and Vice Chancellor for Legal Affairs, The City University of New York, 535 East 80th Street, New York, NY 10021.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the college to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are: Family Policy Compliance Office, U.S. Department of Education, 600 Independence Avenue, SW Washington, D.C. 20202-4605.
The college will make the following “directory information” concerning current and former students available to those parties having a legitimate interest in the information: name, attendance dates (periods of enrollment), address, telephone number, date and place of birth, photograph, e-mail address, full or part-time status, enrollment status (undergraduate, graduate, etc.), level of education (credits) completed, major field of study, degree enrolled for, participation in officially recognized activities and sports, height and weight of athletic team members, previous school attended, and degrees, honors and awards received. By filing a form with the Registrar’s Office, you may request that any or all of this directory information not be released without your prior written consent. This form is available in the Registrar’s Office and may be filed, withdrawn, or modified at any time.
APPENDIX G
Freedom of Information Law Notice
Requests to inspect public records at the college should be made to the Records Access Officer, Change to: Susan G. Fiore, Esq., Interim Executive Legal Counsel, Deputy to the President, and Labor Designee, who is located at Language Hall [LH], Room 27; 2155 University Avenue; Bronx, NY 10453; 718.289.5809. Please include Ms. Grisselle Nadal, M.A., Confidential Executive Assistant to Legal Counsel and Labor Designee, on the correspondence; 718.289.5487. Public records are available for inspection and copying by appointment only at a location to be designated. You have a right to appeal a denial of a request for access to records to the CUNY General Counsel and Vice Chancellor for Legal Affairs. Copies of the CUNY Procedures for Public Access to Public Records pursuant to Article 6 of the Public Officers Law and the appeal form are available at the reference desk of the library and the college website.
APPENDIX H
The CUNY Workplace Violence Policy and Procedures
The City University of New York has a long-standing commitment to promoting a safe and secure academic and work environment that promotes the achievement of its mission of teaching, research, scholarship and service. All members of the University community—students, faculty and staff—are expected to maintain a working and learning environment free from violence, threats of harassment, violence, intimidation or coercion. While these behaviors are not prevalent at the University, no organization is immune.
The purpose of this policy is to address the issue of potential workplace violence in our community, prevent workplace violence from occurring to the fullest extent possible, and set forth procedures to be followed when such violence has occurred.
Policy
The City University of New York prohibits workplace violence. Violence, threats of violence, intimidation, harassment, coercion, or other threatening behavior towards people or property will not be tolerated. Complaints involving workplace violence will not be ignored and will be given the serious attention they deserve. Individuals who violate this policy may be removed from University property and are subject to disciplinary and/or personnel action up to and including termination, consistent with University policies, rules and collective bargaining agreements, and/or referral to law enforcement authorities for criminal prosecution. Complaints of sexual harassment are covered under the University’s Policy Against Sexual Harassment.
The University, at the request of an employee or student, or at its own discretion, may prohibit members of the public, including family members, from seeing an employee or student on University property unless necessary to transact University-related business. This policy particularly applies in cases where the employee or student suspects that an act of violence will result from an encounter with said individuals.
Scope
All faculty, staff, students, vendors, contractors, consultants, and others who do business with the University, whether in a University facility or off-campus location where University business is conducted, are covered by this policy. This policy also applies to other persons not affiliated with the University, such as former employees, former students and visitors. When students have complaints about other students, they should contact the Office of Student Affairs at their campus.
Definitions
Workplace violence is any behavior that is violent, threatens violence, coerces, harasses or intimidates others, interferes with an individual’s legal rights of movement or expression, or disrupts the workplace, the academic environment, or the University’s ability to provide services to the public. Examples of workplace violence include, but are not limited to:
Disruptive behavior intended to disturb, interfere with or prevent normal work activities (such as yelling, using profanity, verbally abusing others, or waving arms and fists).
Intentional physical contact for the purpose of causing harm (such as slapping, stabbing, punching, striking, shoving, or other physical attack).
Menacing or threatening behavior (such as throwing objects, pounding on a desk or door, damaging property, stalking, or otherwise acting aggressively; or making oral or written statements specifically intended to frighten, coerce, or threaten) where a reasonable person would interpret such behavior as constituting evidence of intent to cause harm to individuals or property.
Possessing firearms, imitation firearms, knives or other dangerous weapons, instruments or materials. No one within the University community, shall have in their possession a firearm or other dangerous weapon, instrument or material that can be used to inflict bodily harm on an individual or damage to University property without specific written authorization from the Chancellor or the college President regardless of whether the individual possesses a valid permit to carry the firearm or weapon.
Reporting of Incidents
General Reporting Responsibilities
Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any member of the University community. Workplace violence should promptly be reported to the appropriate University official (see below). Additionally, faculty, staff and students are encouraged to report behavior that they reasonably believe poses a potential for workplace violence as defined above. It is important that all members of the University community take this responsibility seriously to effectively maintain a safe working and learning environment.Imminent or Actual Violence
Any person experiencing or witnessing imminent danger or actual violence involving weapons or personal injury should call the Campus Public Safety Office immediately, or call 911.Acts of Violence Not Involving Weapons or Injuries to Persons
Any person who is the subject of a suspected violation of this policy involving violence without weapons or personal injury, or is a witness to such suspected violation, should report the incident to his or her supervisor, or in lieu thereof, to their respective Campus Public Safety Office. Students should report such incidents to the Office of Student Affairs at their campus or in lieu thereof, their campus Public Safety Office. The Campus Public Safety Office will work with the Office of Human Resources and the supervisor or the Office of Student Affairs on an appropriate response.Commission of a Crime
All individuals who believe a crime has been committed against them have the right, and are encouraged, to report the incident to the appropriate law enforcement agency.False Reports
Members of the University community who make false and malicious complaints of workplace violence, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action and/or referral to civil authorities as appropriate.Incident Reports
The University will report incidents of workplace violence consistent with the College Policies for Incident Reporting Under the Campus Security Policy and Statistical Act (Clery Act).
Responsibilities
Presidents
The President of each constituent college of The City University of New York, the Chief Operating Officer at the Central Office, and the Deans of the Law School and the Sophie Davis School of Biomedical Education shall be responsible for the implementation of this policy on his or her respective campus. The responsibility includes dissemination of this policy to all members of the college community, ensuring appropriate investigation and follow-up of all alleged incidents of workplace violence, constituting a Workplace Violence Advisory Team (see #7 below), and ensuring that all administrators, managers, and supervisors are aware of their responsibilities under this policy through internal communications and training.Campus Public Safety Office
The Campus Public Safety Office is responsible for responding to, intervening, and documenting all incidents of violence in the workplace. The Campus Public Safety Office will immediately log all incidents of workplace violence and will notify the respective supervisor of an incident with his/her employee, or notify the appropriate campus official of an incident with a student. All officers should be knowledgeable of when law enforcement action may be appropriate. Public Safety will maintain an internal tracking system of all threats and incidents of violence. Annual reports will be submitted to the President (at the same time as the report noted below) detailing the number and description of workplace violence incidents, the disposition of the incidents, and recommend policy, training issues, or security procedures that were or should be implemented to maintain a safe working and learning environment. These incidents will be reported in the Annual Report of the College Advisory Committee on Campus Security consistent with the reporting requirements of Article 129A Subsection 6450 of the NYS Education Law (Regulation by Colleges of Conduct on Campuses and Other College Property for Educational Purposes).Officers will be trained in workplace violence awareness and prevention, non-violent crises intervention, conflict management, and dispute resolution.
Officers will work closely with Human Resources when the possibility of workplace violence is heightened, as well as on the appropriate response to workplace violence incidents consistent with CUNY policies, rules, procedures and applicable labor agreements, including appropriate disciplinary action up to and including termination.
When informed, Public Safety will maintain a record of any Orders of Protection for faculty, staff, and students. Public Safety will provide escort service to members of the college community within its geographical confines, when sufficient personnel are available. Such services are to be extended at the discretion of the Campus Public Safety Director or designee. Only the President, or designee in his/her absence, can authorize escort service outside of the geographical confines of the college.
Supervisors
Each dean, director, department chairperson, executive officer, administrator, or other person with supervisory responsibility (hereinafter “supervisor”) is responsible within his/her area of jurisdiction for the implementation of this policy. Supervisors must report to their respective Campus Public Safety Office any complaint of workplace violence made to him/her and any other incidents of workplace violence of which he/she becomes aware or reasonably believes to exist. Supervisors are expected to inform their immediate supervisor promptly about any complaints, acts, or threats of violence even if the situation has been addressed and resolved. After having reported such complaint or incident to the Campus Public Safety Director and immediate supervisor, the supervisor should keep it confidential and not disclose it further, except as necessary during the investigation process and/or subsequent proceedings.Supervisors are required to contact the Campus Public Safety Office immediately in the event of imminent or actual violence involving weapons or potential physical injuries.
Faculty and Staff
Faculty and staff must report workplace violence, as defined above, to their supervisor. Faculty and staff who are advised by a student that a workplace violence incident has occurred or has been observed must report this to the Campus Public Safety Director immediately. Recurring or persistent workplace violence that an employee reasonably believes is not being addressed satisfactorily, or violence that is, or has been, engaged in by the employee’s supervisor should be brought to the attention of the Campus Public Safety Director.Employees who have obtained Orders of Protection are expected to notify their supervisors and the Campus Public Safety Office of any orders that list CUNY locations as protected areas.
Victims of domestic violence who believe the violence may extend into the workplace, or employees who believe that domestic or other personal matters may result in their being subject to violence extending into the workplace, are encouraged to notify their supervisor, or the Campus Public Safety Office. Confidentiality will be maintained to the extent possible.
Upon hiring, and annually thereafter, faculty and staff will receive copies of this policy. Additionally, the policy will be posted throughout the campus and be placed on the CUNY website and on the college’s website, as appropriate.
Office of Human Resources
The Office of Human Resources at each campus is responsible for assisting the Campus Public Safety Director and supervisors in responding to workplace violence; facilitating appropriate responses to reported incidents of workplace violence; notifying the Campus Public Safety Office of workplace violence incidents reported to that office; and consulting with, as necessary, counseling services to secure professional intervention.The Office of Human Resources is responsible for providing new employees or employees transferred to the campus with a copy of the Workplace Violence Policy and Procedures and insuring that faculty and staff receive appropriate training. The Office of Human Resources will also be responsible for annually disseminating this policy to all faculty and staff at their campus, as well as posting the policy throughout the campus and on the college’s website, as appropriate.
Students
Students who witness violence, learn of threats, or are victims of violence by employees, students or others should report the incident immediately to the Campus Public Safety Office. If there is no imminent danger, students should report threatening incidents by employees, students or others as soon as possible to the Campus Public Safety Office or Office of Student Affairs. Students will be provided with workplace violence awareness information (including information regarding available counseling services) upon registration each year.Workplace Violence Advisory Team
A college President shall establish a Workplace Violence Advisory Team at his/her college. This team, working with the College Advisory Committee on Campus Security, will assist the President in responding to workplace violence; facilitating appropriate responses to reported incidents of workplace violence; assessing the potential problem of workplace violence at its site; assessing the college’s readiness for dealing with workplace violence; evaluating incidents to prevent future occurrences; and utilizing prevention, intervention, and interviewing techniques in responding to workplace violence. This team will also develop workplace violence prevention tools (such as pamphlets, guidelines and handbooks) to further assist in recognizing and preventing workplace violence on campus. It is recommended that this team include representatives from Campus Public Safety, Human Resources, Labor Relations, Counseling Services, Occupational Health and Safety, Legal, and others, including faculty, staff and students, as deemed appropriate by the President.In lieu of establishing the Workplace Violence Advisory Team, a President may opt to expand the College Advisory Committee on Campus Security with representatives from the areas recommended above to address workplace violence issues at the campus and perform the functions outlined above.
University Communications
All communications to the University community and outside entities regarding incidents of workplace violence will be made through the University Office of University Relations after consultation with the respective President or his/her designee.
Education
Colleges are responsible for the dissemination and enforcement of this policy as described herein, as well as for providing opportunities for training in the prevention and awareness of workplace violence. The Office of Faculty and Staff Relations will provide assistance to the campuses in identifying available training opportunities, as well as other resources and tools (such as reference materials detailing workplace violence warning signs) that can be incorporated into campus prevention materials for dissemination to the college community. Additionally, the Office of Faculty and Staff Relations will offer periodic training opportunities to supplement the college’s training programs.
Confidentiality
The University shall maintain the confidentiality of investigations of workplace violence to the extent possible. The University will act on the basis of anonymous complaints where it has a reasonable basis to believe that there has been a violation of this policy and that the safety and well-being of members of the University community would be served by such action.
Retaliation
Retaliation against anyone acting in good faith who has made a complaint of workplace violence, who has reported witnessing workplace violence, or who has been involved in reporting, investigating, or responding to workplace violence is a violation of this policy. Those found responsible for retaliatory action will be subject to discipline up to and including termination.
APPENDIX I
PROCEDURES FOR HANDLING STUDENT COMPLAINTS ABOUT FACULTY CONDUCT IN ACADEMIC SETTINGS
I. Introduction. The University and its Colleges have a variety of procedures for dealing with student-related issues, including grade appeals, academic integrity violations, student discipline, disclosure of student records, student elections, sexual harassment complaints, disability accommodations, and discrimination. One area not generally covered by other procedures concerns student complaints about faculty conduct in the classroom or other formal academic settings. The University respects the academic freedom of the faculty and will not interfere with it as it relates to the content or style of teaching activities. Indeed, academic freedom is and should be of paramount importance. At the same time the University recognizes its responsibility to provide students with a procedure for addressing complaints about faculty treatment of students that are not protected by academic freedom and are not covered by other procedures. Examples might include incompetent or inefficient service, neglect of duty, physical or mental incapacity and conduct unbecoming a member of the staff.
II. Determination of Appropriate Procedure. If students have any question about the applicable procedure to follow for a particular complaint, they should consult with the chief student affairs officer. In particular, the chief student affairs officer should advise a student if some other procedure is applicable to the type of complaint the student has.
III. Informal Resolution. Students are encouraged to attempt to resolve complaints informally with the faculty member or to seek the assistance of the department chairperson or campus ombudsman to facilitate informal resolution.
IV. Formal Complaint. If the student does not pursue informal resolution, or if informal resolution is unsuccessful, the student may file a written complaint with the department chairperson or, if the chairperson is the subject of the complaint, with the academic dean or a senior faculty member designated by the college president. (This person will be referred to below as the Fact Finder.) Only students in a faculty member’s class or present in another academic setting where the alleged conduct occurred may file complaints against that faculty member.
A. The complaint shall be filed within 30 calendar days of the alleged conduct unless there is good cause shown for delay, including but not limited to delay caused by an attempt at informal resolution. The complaint shall be as specific as possible in describing the conduct complained of.
B. The Fact Finder shall promptly send a copy to the faculty member about whom the complaint is made, along with a letter stating that the filing of the complaint does not imply that any wrongdoing has occurred and that a faculty member must not retaliate in any way against a student for having made a complaint. If either the student or the faculty member has reason to believe that the department chairperson may be biased or otherwise unable to deal with the complaint in a fair and objective manner, he or she may submit to the academic dean or the senior faculty member designated by the college president a written request stating the reasons for that belief; if the request appears to have merit, that person may, in his or her sole discretion, replace the department chairperson as the Fact Finder. The chairperson may also submit a written request for recusal for good cause to the academic dean or senior faculty member designated by the college president to review such requests. If a recusal request is granted, a different department chairperson shall conduct the investigation, or, if no other chairperson is available, an administrator designated by the college president shall serve in the chairperson’s stead. Further, the college president may re-assign investigations as necessary, including but not limited to situations in which a Fact Finder has not completed an investigation in a timely manner. In addition, during any time that no department chairperson is available to investigate a complaint, the college president may assign an administrator to investigate.
C. The Fact Finder shall meet with the complaining student and faculty member, either separately or together, to discuss the complaint and to try to resolve it. The Fact Finder may seek the assistance of the campus ombudsman or other appropriate person to facilitate informal resolution.
D. If resolution is not possible, and the Fact Finder concludes that the facts alleged by the student, taken as true and viewed in the light most favorable to the student, establish that the conduct complained of is clearly protected by academic freedom, he or she shall issue a written report dismissing the complaint and setting forth the reasons for dismissal and send a copy to the complaining student, the faculty member, the chief academic officer and the chief student affairs officer. Otherwise, the Fact Finder shall conduct an investigation. The Fact Finder shall separately interview the complaining student, the faculty member and other persons with relevant knowledge and information and shall also consult with the chief student affairs officer and, if appropriate, the college ombudsman. The Fact Finder shall not reveal the identity of the complaining student and the faculty member to others except to the extent necessary to conduct the investigation. If the Fact Finder believes it would be helpful, he or she may meet again with the student and faculty member after completing the investigation in an effort to resolve the matter. The complaining student and the faculty member shall have the right to have a representative (including a union representative, student government representative or attorney) present during the initial meeting, the interview and any post- investigation meeting.
E. In cases where there is strong preliminary evidence that a student’s complaint is meritorious and that the student may suffer immediate and irreparable harm, the Fact Finder may provide appropriate interim relief to the complaining student pending the completion of the investigation. The affected faculty member may appeal such interim relief to the chief academic officer.
F. At the end of the investigation, the Fact Finder shall issue a written report setting forth his or her findings and recommendations, with particular focus on whether the conduct in question is protected by academic freedom, and send a copy to the complaining student, the faculty member, the chief academic officer and the chief student affairs officer. In ordinary cases, it is expected that the investigation and written report should be completed within 30 calendar days of the date the complaint was filed.
V. Appeals Procedure. If either the student or the faculty member is not satisfied with the report of the Fact Finder, the student or faculty member may file a written appeal to the chief academic officer within 10 calendar days of receiving the report, which time period may be extended for good cause shown. The chief academic officer shall convene and serve as the chairperson of an Appeals Committee, which shall also include the chief student affairs officer, two faculty members elected annually by the faculty council or senate and one student elected annually by the student senate. The Appeals Committee shall review the findings and recommendations of the report, with particular focus on whether the conduct in question is protected by academic freedom. The Appeals Committee shall not conduct a new factual investigation or overturn any factual findings contained in the report unless they are clearly erroneous. If the Appeals Committee decides to reverse the Fact Finder in a case where there has not been an investigation because the Fact Finder erroneously found that the alleged conduct was protected by academic freedom, it may remand to the Fact Finder for further proceedings. The committee shall issue a written decision within 20 calendar days of receiving the appeal. A copy of the decision shall be sent to the student, the faculty member, the department chairperson and the president.
VI. Subsequent Action. Following the completion of these procedures, the appropriate college official shall decide the appropriate action, if any, to take. For example, the department chairperson may decide to place a report in the faculty member’s personnel file or the president may bring disciplinary charges against the faculty member. Disciplinary charges may also be brought in extremely serious cases even though the college has not completed the entire investigative process described above; in that case, the bringing of disciplinary charges shall automatically suspend that process. Any action taken by a college, whether interim or final, must comply with the bylaws of the University and the collective bargaining agreement between the University and the Professional Staff Congress.
VII. Campus Implementation. Each campus shall implement these procedures and shall distribute them widely to administrators, faculty members and students and post them on the college website.
APPENDIX J
THE CITY UNIVERSITY OF NEW YORK POLICY ON SEXUAL MISCONDUCT
I. POLICY STATEMENT
The City University of New York (“CUNY” or the “University”) is committed to creating and maintaining an environment in which its community members live, learn, and work free from all forms of sex discrimination. In accordance with Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), as amended by the Violence Against Women Act (“VAWA”)/Campus Sexual Violence Act (“Campus SaVE Act”), Article 129-A and Article
129-B of the New York State Education Law, and all other federal, state, and local laws governing sex discrimination, CUNY prohibits dating violence, domestic violence, sexual assault, stalking, hostile environment harassment, quid pro quo harassment, knowingly submitting false statements or information relating to a report of sex discrimination, prohibited consensual relationships, retaliation, voyeurism, and all other forms of discrimination based on gender identity, pregnancy and related conditions, sex characteristics, sex stereotypes, and sexual orientation. In addition, CUNY is committed to: (1) assisting community members who are impacted by sex discrimination; (2) providing education and awareness training designed to eliminate sex discrimination and prevent future acts constituting sex discrimination; and (3) applying the Policy in a manner that is fair and impartial.
April 2024 Title IX Regulations
In April 2024, the United States Department of Education (“USDOE”) published regulations amending Title IX of the Education Amendments of 1972. The City University of New York Policy on Sex-Based Misconduct (the “Policy”), which is effective as of August 1, 2024, incorporates the provisions contained in those regulations. Conduct occurring prior to August 1, 2024, will be addressed using: (1) the definitions in effect at the time of the reported conduct; and (2) the procedures in effect at the time the matter is being addressed by CUNY.
Should any portion of Title IX of the Education Amendments of 1972 be stayed, held invalid by a court of law, withdrawn, deemed unenforceable, or in any other way modified so as to not require the application of the grievance process, definitions, or any other provisions contained herein, the relevant portion of the Policy, and the affected elements of it, will be deemed revoked as of the publication date of the opinion, order, decision, guidance, or other binding communication. To the extent permissible, if a matter is not resolved as of the date of the opinion, order, decision, guidance, or other binding communication, the grievance process will be investigated and adjudicated under the Policy. If it is impermissible to apply a specific provision contained in the Policy, CUNY will apply the relevant provision set forth in The City University of New York Policy on Sexual Misconduct that was in effect from August 14, 2020, to July 31, 2024.
II NOTICE OF NON-DISCRIMINATION & ROLE OF THE TITLE IX COORDINATOR
It is the policy of CUNY – applicable to all schools, colleges, and units – to recruit, employ, retain, promote, and provide benefits to employees, including paid and unpaid interns, and to admit and provide services for students without regard to race, color, creed, national origin, ethnicity, ancestry, religion, age, sex (including gender, gender identity, sex characteristics, sex stereotypes, sexual orientation, and past/present/potential pregnancy, childbirth, and related conditions), marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, head of household/principal wager status, status as a survivor of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state, and local laws.
It is also CUNY’s policy to provide reasonable accommodations when appropriate to individuals with disabilities, individuals observing religious practices, employees who have past/present/potential pregnancy, childbirth, or related medical conditions including lactation time and space, or employees who are survivors of domestic violence/stalking/sex offenses.
Each school, college, or unit within CUNY has an employee who has been designated as the Title IX Coordinator. This employee is responsible for compliance with Title IX of the Education Amendments of 1972 (which prohibits sex discrimination in education programs or activities), New York State Education Law Article 129-B (“Enough is Enough”), and all other federal, state, and local laws pertaining to sex discrimination. The Title IX Coordinator has overall responsibility for implementing the Policy, including overseeing the response to reports of Sex-Based Misconduct that have a reasonable connection to their school, college, or unit. All Title IX Coordinators receive annual training on issues pertaining to
Sex-Based Misconduct. To access the Title IX webpage for each school, college, or unit – which contains the contact information for that school, college, or unit’s Title IX Coordinator – please go to https://www1.cuny.edu/sites/title-ix/campus-websites/
Inquiries concerning the application of Title IX and its implementing regulations may be referred to the Title IX Coordinator or to the Assistant Secretary of the Office for Civil Rights (“OCR”), U.S. Department of Education, Lyndon Baines Johnson Department of Education Building, 400 Maryland Avenue SW, Washington, DC 20202-1100. You may call the OCR main numbers toll free at 800-421-3481 or 800-877-8339 (TDD). Or contact OCR’s New York office at https://www.ed.gov/ or 646-428-3800.
Filing External Complaints
Individuals who have been subjected to Sex-Based Misconduct 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 external agencies listed below:
U.S. Department of Education, Office for Civil Rights
U.S. Equal Employment Opportunity Commission
New York State Division of Human Rights
New York City Commission on Human Rights
In certain circumstances, the school, college, or unit may close an investigation upon the filing of an external complaint. When this happens, the external agency takes over the investigation and the school, college, or unit will cooperate with the investigation conducted by the external agency. If a school, college, or unit closes an investigation for this reason, the Title IX Coordinator will notify the parties in writing.
Additional University Policies Addressing Discrimination
The following University policies address additional or related forms of discrimination. The Policy and all other policies addressing discrimination are interpreted in accordance with the principles of academic freedom adopted by CUNY’s Board of Trustees.
CUNY Policy on Equal Opportunity and Non-Discrimination
This policy prohibits discrimination against employees and students based on race, color, creed, national origin, ethnicity, ancestry, religion, age, sex (including pregnancy, childbirth and related conditions), sexual orientation, gender, gender identity, marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, status as a survivor of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state, or local laws. The CUNY Policy on Equal Opportunity and Non-Discrimination can be found here:
CUNY Campus & Workplace Violence Policy
This policy prohibits workplace violence. The CUNY Campus & Workplace Violence Policy can be found here: https://www.cuny.edu/about/administration/offices/hr/professional-development-learning-management/compliance-trainings/#1570477395547-ed168223-4ef8
Gender Based Violence and the Workplace Policy
This policy prohibits gender-based violence occurring in the workplace or affecting employees in the workplace. The CUNY Gender Based Violence and the Workplace
Policy can be found here: https://www.cuny.edu/about/administration/offices/hr/professional-development-learning-management/compliance-trainings/#1704829973419-d0e82d52-adfc
Domestic Violence and the Workplace Policy
This policy prohibits domestic violence from occurring in the workplace or affecting employees in the workplace. The Domestic Violence and the Workplace Policy can be found here: https://policy.cuny.edu/general-policy/article-v/#policy_5.061
Reasonable Accommodations and Academic Adjustments Procedures
This policy addresses the procedures CUNY follows in response to a request for a reasonable accommodation or academic adjustment. The Reasonable Accommodations and Academic Adjustments Procedures can be found here:
Hunter College Campus Schools Policy on Sex-Based Misconduct
The Hunter College Campus Schools are subject to a separate policy addressing sex discrimination. The Hunter College Campus Schools Policy on Sex-Based Misconduct can be found here: https://www.hunterschools.org/high-school/high-school-welcome
III. SCOPE OF THE POLICY
The Policy governs the conduct of CUNY students and employees participating in a CUNY education program or activity or engaging in conduct that has a reasonable connection to CUNY, and conduct by Third Parties that involves explicitly or impliedly conditioning the provision of a CUNY aid, benefit, or service on a person’s participation in unwelcome sexual conduct. CUNY Visitors may be subject to restrictions under the Policy.
IV. SEX-BASED MISCONDUCT & DEFINITIONS
The Policy prohibits the following types of Sex-Based Misconduct.
A. Sex-Based Harassment
The following conduct constitutes Sex-Based Harassment.
1. Hostile Environment Harassment
Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from CUNY’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
(a) The degree to which the conduct affected the complainant’s ability to access CUNY’s education program or activity;
(b) The type, frequency, and duration of the conduct;
(c) The parties’ ages, roles within CUNY’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
(d) The location of the conduct and the context in which the conduct occurred; and
(e) Other Sex-Based Misconduct in CUNY’s education program or activity.
2. Quid Pro Quo Harassment
Conduct in which a CUNY employee or Third Party explicitly or impliedly conditions the provision of an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
3. Dating Violence
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. Dating violence can be a single act or a pattern of behavior, based on the frequency, nature, and severity of the conduct. Dating violence includes the threat of sexual assault or physical abuse. The existence of such a relationship is determined based on a consideration of the following factors: (1) The length of the relationship; (2) The type of relationship and (3) The frequency of interaction between the persons involved in the relationship. A relationship may be romantic or intimate regardless of whether the relationship was sexual in nature.
For the purposes of this definition: (1) dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse; and (2) dating violence does not include acts covered under the definition of domestic violence.
4. Domestic Violence
Violence committed by a current or former spouse or intimate partner of the complainant by a person with whom the complainant shares a child, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under applicable domestic or family violence laws, or by any other person against an adult or youth complainant who is protected from that person’s acts under applicable domestic or family violence laws of the State of New York.
For the purposes of this definition: (1) the relationship between the respondent and the complainant must be more than just two people living together as roommates; and (2) the people cohabitating must be current or former spouses or have or have had an intimate relationship.
5. Sexual Assault: Contact
Any sexual contact – including sexual touching for the purpose of sexual gratification, degradation of another person, or abuse of another person – without affirmative consent. Sexual touching includes: (1) contact under or over clothing with another person’s anus, breasts, buttocks, genitals, groin, or inner thigh; (2) touching another person under or over clothing with any of these body parts; (3) making another person touch any of these body parts under or over clothing; or (4) the emission of ejaculate on the body of another person or the clothing they are wearing. This definition includes the attempt to engage in any of the previously stated conduct.
6. Sexual Assault: Penetration
Any form of vaginal, anal, or oral penetration, however slight, by a penis, object, tongue, or finger without a person’s affirmative consent. This definition includes incest and statutory rape. This definition includes the attempt to engage in any of the previously stated conduct.
7. Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for their safety or the safety of others; or (2) suffer substantial emotional distress.
For the purposes of this definition: (1) course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property; (2) reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant; and (3) substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
The Policy addresses stalking that is based on sex (including gender identity, pregnancy and related conditions, sex characteristics, sex stereotypes, and sexual orientation). All other stalking will be addressed under other applicable policies.
B. Sex-Based Discrimination & Related Misconduct
The following conduct constitutes Sex-Based Discrimination & Related Misconduct. Reported conduct that, if true, meets the definition of misconduct under both the Sex-Based Harassment and Sex-Based Discrimination & Related Misconduct sections will be analyzed solely under the Sex-Based Harassment provisions.
1. Discrimination Based on Gender Identity
Unwelcome conduct directed toward a person based on their deeply felt, inherent sense of their gender, which may or may not be different than their sex assigned at birth, is prohibited under the Policy.
2. Discrimination Based on Past, Present, or Potential Pregnancy or Related Conditions
Subjecting a person to shame, punishment, unwanted sexual attention, or unwanted conduct based on past, present, or potential pregnancy or related conditions is prohibited under the Policy.
For the purposes of this definition:
(a) Pregnancy or related conditions means pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions as disclosed without any requirements for documentation.
(b) Pregnancy or related conditions will be treated as any other temporary medical condition for all job-related purposes, including commencement, duration and extensions of leave; payment of disability income; accrual of seniority and any other benefit or service; and reinstatement; and under any fringe benefit offered to employees by virtue of employment.
(c) In the case of an employee with insufficient leave or accrued employment time to qualify for leave, CUNY will treat pregnancy or related conditions as a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee will be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.
(d) CUNY will ensure all students and employees have reasonable access to a lactation space, which will be a space other than a bathroom, which is clean, shielded from view, free from intrusion from others, and may be used by a student or employee for expressing breast milk or breastfeeding as needed.
3. Discrimination Based on Sex Characteristics
Unwelcome conduct directed toward a person based on their physiological sex characteristics, which include a person’s anatomy, hormones, chromosomes associated with male or female bodies, or intersex traits is prohibited under the Policy.
Unwelcome conduct directed toward a person based on nonconformity with stereotypical notions of how someone of their sex, or perceived sex, is expected to act or appear, or that seeks to restrict a community member from participating in activities that are not stereotypically associated with that community member’s sex, or perceived sex, is prohibited under the Policy.
5. Discrimination Based on Sexual Orientation
Unwelcome conduct directed toward a person based on their emotional, romantic, or sexual attraction to a particular gender or sex is prohibited under the Policy.
6. Knowingly Submitting False Statements or Information
Knowingly making false statements or submitting false information in connection with any allegation of Sex-Based Misconduct – as opposed to providing information which, even if erroneous, is provided in good faith – is prohibited. Anyone who knowingly makes false statements or submits false information in connection with any allegation of Sex-Based Misconduct will be subject to disciplinary action in accordance with CUNY Bylaws, policies, and collective bargaining agreements. A party, witness, or other participant in CUNY’s grievance process will not be disciplined under this provision based solely on a determination regarding whether Sex-Based Misconduct occurred.
7. Prohibited Consensual Relationships
Because all sexual activity, amorous relationships, or dating relationships (“intimate relationships”) between employees and students raise issues of unequal power dynamics, favoritism, exploitation, or conflicts of interest, employees, including faculty, are prohibited from engaging in intimate relationships with students for whom they have a professional responsibility, including undergraduates, graduate and professional students, and postdoctoral fellows. For the purposes of this paragraph, professional responsibility for a student means responsibility over any academic matters, including teaching, counseling, grading, advising for a formal project such as a thesis or research, evaluating, hiring, supervising, coaching, making decisions or recommendations that confer benefits such as admissions, registration, financial aid, other awards, remuneration, or fellowships, or performing any other function that might affect teaching, research, or other academic opportunities.
Because all intimate relationships between supervisory employees and the employees they supervise raise issues of unequal power dynamics, favoritism, exploitation, or conflicts of interest, employees, including faculty, who possess supervisory responsibility are prohibited from engaging in intimate relationships with any employee they supervise unless the existence of that relationship has been reported to: (1) the person to whom the supervisory employee reports; or (2) the head of Human Resources for the school, college, or unit employing the supervisory employee and/or the Labor Designee. The person receiving the required notice will implement a plan to avoid or mitigate any conflicts of interest between the individuals in the intimate relationship as well as any conflicts of interest involving any other CUNY community member. Mitigation may involve the transfer of either the supervisor or the employee they supervise, reassigning the responsibility to evaluate the employee they supervise to a different supervisor, or other appropriate action. For the purposes of this paragraph, supervising an employee includes hiring, evaluating, assigning work to, or making decisions or recommendations that confer any aid, benefit, or service such as promotions, raises or other remuneration, or performing any other function that might affect employment opportunities.
8. Retaliation
Intimidation, threats, coercion, or discrimination against any student, employee, Visitor, Third Party, party, or witness for the purpose of interfering with any right or privilege secured by the Policy, or because the person has reported information, made a Complaint, testified, assisted, or participated, or refused to participate in any manner in an investigation, proceeding, or hearing under the Policy, including the Informal Resolution process or any other actions under the Policy is prohibited under the Policy. This definition includes retaliation by a student against another student. Nothing in this definition or the Policy precludes CUNY from requiring an employee or Third Party to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under the Policy.
9. Voyeurism
Unwelcome surveillance, including acts that violate a person’s right to privacy in connection with their body or sexual activity such as:
(a) Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s affirmative consent.
(b) Recording images (e.g., photograph or video) or audio of another person’s sexual activity, intimate body parts, or nakedness where that person would have a reasonable expectation of privacy, without that person’s affirmative consent;
(c) Disseminating images (e.g., photograph or video) or audio of another person’s sexual activity, intimate body parts, or nakedness where that person would have a reasonable expectation of privacy, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not affirmatively consent to such disclosure; or
(d) Using or installing, or permitting the use or installation of, a device for the purpose of recording another person’s sexual activity, intimate body parts, or nakedness in a place where the person would have a reasonable expectation of privacy, without that person’s affirmative consent.
V. OBTAINING ASSISTANCE BEFORE A REPORT OF SEX-BASED MISCONDUCT IS RECEIVED BY CUNY CUNY values the privacy of our community members, and CUNY recognizes that community members may want to discuss their experiences without the details of that conversation being reported to the Title IX Coordinator for their school, college, or unit. This section identifies the individuals you may want to speak with before a report of Sex-Based Misconduct is submitted to the Title IX Coordinator.
The following individuals do not have a duty to submit a report to a school, college, or unit Title IX Coordinator when they obtain information that may constitute Sex-Based
Misconduct under the Policy. Community members may speak with a confidential resource at any time, including: (1) before a report of Sex-Based Misconduct is made to CUNY, whether or not they plan to submit a report in the future; or (2) after a report of Sex-Based Misconduct is made to CUNY.
A. Confidential Employees
Confidential Employees will not report information to a Title IX Coordinator when the Confidential Employees are informed of conduct that may constitute Sex-Based Misconduct under the Policy. The only exception is when they learn of an imminent threat of serious injury to the complainant or any other person, sexual activity involving a minor, or sexual activity involving a person with a cognitive disability. Please note that, if a community member speaks solely to a Confidential Employee, it is unlikely the school, college, or unit will be able to conduct a full investigation into the allegations, pursue disciplinary action against a respondent, or otherwise address the conduct.
The following employees are deemed Confidential Employees within CUNY.
(a) Nurses, physicians, nurse practitioners, or other CUNY health office staff members or on-campus sexual assault response center staff members;
(b) Counselors, guidance counselors, or other staff members at a CUNY counseling center;
(c) Pastoral counselors or clergy (a person associated with a religious order or denomination, recognized by that order or denomination as someone who provides confidential counseling and identified by CUNY as functioning within the scope of that recognition);
(d) Ombuds on campuses;
(e) Designated staff members in CUNY Women’s or Men’s Centers;
(f) Any other CUNY employee whose communications are privileged or confidential under federal, state, or local law (please note that an employee’s confidential status only applies to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies); and
(g) Any CUNY employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about Sex-Based Misconduct (the employee’s confidential status is only with respect to information received while conducting the study).
1. Actions Confidential Employees Will Take
Confidential Employees, in response to an individual informing them of conduct that may reasonably constitute Sex-Based Misconduct under the Policy, will: (1) inform the individual of the Confidential Employee’s status if the Confidential Employee is operating in that role when informed; (2) provide the individual the contact information for the Title IX Coordinator in their school, college, or unit; (3) explain how the individual can file a Complaint (i.e., an oral or written request that can be objectively understood as a request for CUNY to investigate and make a determination about reported Sex-Based Harassment under the Policy) if they choose to do so; and (4) explain that the Title IX Coordinator could provide the individual with Supportive Measures, provide them access to the Informal Resolution process, or conduct an investigation into the conduct. All Confidential Employees will also disclose that there are circumstances in which the Confidential Employee must report an incident to law enforcement (e.g., when the Confidential Employee becomes aware of: an imminent threat of serious injury to the complainant or any other person; a potentially unlawful sexual act involving a minor; or a potentially unlawful sexual act involving a person with a cognitive disability).
2.CUNY’s Work/Life Program - Employees
In addition to the Confidential Resources above, free confidential support services are available for employees through CUNY’s Work/Life Program. The CUNY Work/Life Program can be found here: https://www.cuny.edu/about/administration/offices/hr/includes/worklife/
B. Non-CUNY Resources
Non-CUNY resources do not have a duty to report Sex-Based Misconduct to a Title IX Coordinator. The following resources are available to community members both before and after a report of Sex-Based Misconduct is made to the Title IX Coordinator. The External Resources section below contains a wide range of additional resources that may be of assistance to community members who experience Sex-Based Misconduct.
1. Reporting to Law Enforcement
Students, employees and other community members may choose to report Sex-Based Misconduct to local law enforcement and/or state police (“outside law enforcement”). CUNY does not require a complainant to report Sex-Based Misconduct to outside law enforcement. In addition, CUNY will not report Sex-Based Misconduct without a complainant’s approval, except in exceptional circumstances (e.g., they learn of an imminent threat of serious injury to the complainant or any other person, illegal sexual activity involving a minor, or illegal sexual activity involving a person with a cognitive disability). A summary of the distinctions between the criminal justice system and the Policy can be found in Section XII below.
i) Contact Information
Please dial 9-1-1 if you or anyone you know is experiencing an emergency. For non-emergencies, you may contact the following resources.
New York City Police Department - Sex Crimes Report Line (212) 267-7273
New York State Police 24-hour dedicated Campus Sexual Assault Hotline (844) 845-7269
New York City Police Department - General Inquiries (646) 610-5000
New York State Police – Troop NYC – General Inquiries (212) 459-7800
ii) Assistance from CUNY’s Department of Public Safety
Please note that CUNY Department of Public Safety (“Public Safety”) officers are not Confidential Employees. Therefore, they have a duty to report to the Title IX Coordinator for their school, college, or unit when they are informed of conduct that may constitute Sex-Based Misconduct under the Policy.
If any student, employee, or other individual chooses to report Sex-Based Misconduct involving a community member to outside law enforcement, Public Safety is available to provide assistance. Each school, college, or unit’s Public Safety office has an appropriately trained employee available at all times to provide information regarding the process to obtain an Order of Protection, collect and preserve evidence as part of a criminal investigation, or pursue other options within the criminal justice system. A link to the Campus Public Safety Directory can be found here: Campus Public Safety Directory – The City University of New York (cuny.edu)
2. Obtaining Medical Care
CUNY encourages anyone who has experienced Sexual Assault, Dating Violence, Domestic Violence, or any other form of sex-based violence or injury to seek medical attention as soon as possible. Medical professionals can provide preventative treatment for sexually transmitted infections, treatment for injuries, emergency contraception, and other health services. They can also assist in preserving evidence or documenting injuries. Promptly taking these steps after an incident can be helpful if an individual later decides to obtain an Order of Protection, pursue criminal charges, or pursue a resolution under the Policy.
Individuals who have experienced or witnessed Sexual Assault, Dating Violence, Domestic Violence, or any other form of sex-based violence or injury are also encouraged to seek emotional support, either on or off campus.
On-campus resources may include nurses and/or nurse practitioners at campus health offices and counselors at campus counseling centers. If a student needs the morning-after pill, abortion medication, or another form of emergency birth control, CUNY has a trained individual in its health centers who can provide students with referrals to medical facilities or authorized providers that can provide appropriate medication. Counselors are also trained to provide crisis intervention and referrals for long-term care as necessary.
CUNY also maintains a list of off-campus emergency contacts and resources, including rape crisis centers, available throughout New York City on its dedicated web page. This includes a list of local hospitals designated as SAFE (Sexual Assault Forensic Examiner) hospitals, which are specially equipped to handle sexual assaults and trained to gather evidence from those assaults.
Public Safety officers are available to help community members seek medical care. As a reminder, Public Safety officers are not Confidential Employees. Therefore, they have a duty to report to the Title IX Coordinator for their school, college, or unit when they are informed of conduct that may constitute Sex-Based Misconduct under the Policy. Additional external resources can be found in Section X below.
VI. REPORTING SEX-BASED MISCONDUCT TO CUNY
The following section discusses the various ways a report of Sex-Based Misconduct can be submitted to a Title IX Coordinator. If you are experiencing an emergency, please dial 9-1-1 for immediate assistance.
A. Officials Specifically Designated to Receive Reports of Sex-Based Misconduct
CUNY strongly encourages individuals who have experienced or learned of Sex-Based Misconduct to report allegations to one of the following designated officials:
(a) The Title IX Coordinator for the school, college, or unit;
(b) A Public Safety official for the school, college, or unit;
(c) The Office of Vice President for Student Affairs or Dean of Students;
(d) Residence Life staff in CUNY-owned or operated housing;
(e) The Labor Designee for the school, college, or unit; or
(f) The head of Human Resources for the school, college, or unit.
These designated officials are trained to receive reports of Sex-Based Misconduct and appropriately respond to them. The contact information for each school or college’s Title IX Coordinator, Public Safety Director, and Chief Student Affairs Officer can be found on CUNY’s Title IX Website. As a reminder, if individuals do not wish to speak with a CUNY employee who has a duty to report to a Title IX Coordinator, they should speak with a Confidential Employee.
B. Mandatory Reporters - Employees with a Duty to Notify the Title IX Coordinator of Reports of Sex-Based Misconduct
Except for those employees who are designated as Confidential Employees, every employee who has the authority to institute corrective measures on behalf of CUNY or who has responsibility for administrative leadership, teaching, or advising within CUNY is a Mandatory Reporter who has a duty to notify the Title IX Coordinator for their school, college, or unit when they reasonably suspect or observe conduct that may constitute Sex-Based Misconduct under the Policy. Mandatory Reporters are not permitted to maintain a complainant’s confidentiality, but they should maintain a complainant’s privacy to the greatest extent possible.
When possible, a Mandatory Reporter should advise the complainant of their obligations as a Mandatory Reporter before receiving a report of Sex-Based Misconduct. If, before a report of Sex-Based Misconduct is made to a Mandatory Reporter, the complainant indicates that they wish to speak with a person who does not have a duty to report, the Mandatory Reporter should direct the complainant to a Confidential Employee.
Mandatory Reporters are not required to report an incident of Sex-Based Misconduct if they are the person who experienced the Sex-Based Misconduct. Mandatory Reporters are not required to report Sex-Based Misconduct if they learn of the conduct during a public awareness event. Any CUNY employee who is not sure if they have a duty to report an incident should contact the Title IX Coordinator for their school, college, or unit to determine the appropriate steps they should take.
C. Sexual Misconduct Allegation Form
Community members are encouraged, but not required, to fill out the CUNY Sexual Misconduct Allegation Form to make a report of Sex-Based Misconduct. Once the form is filled out, they can: (1) bring the form to one of the designated officials discussed in Section VI(A) above; or (2) submit the form via email or through the school, college, or unit’s Title IX website. The Sexual Misconduct Allegation Form can be found here: https://www1.cuny.edu/sites/title-ix/sexual-misconduct-complaint-form/
D. Study Abroad
Community members participating in Study Abroad or Flagship programs may report Sex-Based Misconduct to the onsite director for that Study Abroad or Flagship program.
The onsite director will share that information with the US-based, on-campus director for the Study Abroad or Flagship program, and this on-campus director is responsible for submitting the report of Sex-Based Misconduct to the Title IX Coordinator and Chief Student Affairs Officer.
E. Domestic Travel
Community members participating in domestic travel as part of a CUNY education program or activity may report Sex-Based Misconduct to the person leading the program or activity. This person is responsible for submitting the report of Sex-Based Misconduct to the Title IX Coordinator. Community members may also submit a report of Sex-Based Misconduct as outlined in above.
F. Alcohol and Drug Use Amnesty Policy
The health and safety of every student at CUNY is of the utmost importance. CUNY recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at a time that Sex-Based Misconduct occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. CUNY strongly encourages students to report Sex-Based Misconduct to University officials. A bystander or complainant acting in good faith who discloses any incident of Sex-Based Misconduct to University officials or law enforcement will not be subject to discipline under CUNY’s Policy on Drugs and Alcohol for violations of alcohol and/or drug use policies occurring at or near the time of the Sex-Based Misconduct.
G. When an Employee is Informed a Student is Pregnant
All employees will provide a student with the contact information for the student’s Title IX Coordinator upon being informed by the student that they are pregnant. They will also inform the student that the Title IX Coordinator can coordinate specific actions to prevent Sex-Based Misconduct and ensure the student’s equal access to CUNY’s education programs or activities. For more information on accommodation options for pregnant students, please see Section VII(D)(4).
H. Community Members Who Have Not Been Designated as Mandatory Reporters or Confidential Employees
Community members who are not Mandatory Reporters or Confidential Employees are strongly encouraged to report allegations of Sex-Based Misconduct to the Title IX Coordinator for their school, college, or unit when they reasonably suspect or observe conduct that may constitute Sex-Based Misconduct, and they are strongly encouraged to protect the privacy of affected individuals to the greatest extent possible.
I. Public Awareness & Advocacy Events
CUNY strongly supports public awareness and advocacy events (e.g., Take Back the Night events or candlelight vigils). These events are valuable because they provide information about how our community can address and prevent Sex-Based Misconduct. To preserve the ability of community members to freely participate in these events, individuals who disclose information about their own experiences with Sex-Based Misconduct during these events will not be seen as submitting a report of Sex-Based Misconduct that requires the commencement of an investigation by CUNY. Nevertheless, community members are encouraged to report any Sex-Based Misconduct they have experienced so that they may learn about their rights, their options, and the resources available to them.
J. Bystander Intervention
CUNY encourages employees, students, Visitors, and Third Parties to take reasonable and prudent actions to prevent or stop Sex-Based Misconduct they witness if doing so does not pose a safety risk to themselves or others. Although bystander intervention strategies depend on the circumstances, they may include direct intervention or seeking assistance from a person in a position of authority. A person in a position of authority may be an administrator, a professor, a supervisor, a member of Public Safety, local law enforcement, or any person in a leadership position.
VII. CUNY’S INITIAL RESPONSE TO REPORTS
When a Title IX Coordinator receives a report of Sex-Based Misconduct, they will attempt to contact the complainant to inform them of their rights, their options, and the resources available to them. The Title IX Coordinator will also obtain additional information about the complainant’s experience. If the identity of the complainant is not known, reasonable steps will be taken to respond to the report and address the needs and concerns of any community member who experienced the unwelcome conduct. If the identity of the complainant is known, the Title IX Coordinator will maintain the complainant’s privacy to the greatest extent possible, and the following actions will be taken to address the needs and concerns of the complainant.
A. Determining Whether the Conduct Falls Within the Scope of the Policy & Identifying the Proper Category of Sex-Based Misconduct Reported
Once a report of Sex-Based Misconduct is received, the Title IX Coordinator will analyze the reported conduct to determine whether it falls within the scope of the Policy. As part of the process, the Title IX Coordinator will assess whether the individuals named in the report are students, employees, Visitors, or Third Parties as those terms are defined in the Glossary. If the Title IX Coordinator determines the conduct falls with the scope of the Policy, they will then determine whether the reported conduct falls under the Sex-Based Harassment or Sex-Based Discrimination & Related Misconduct provisions of the Policy.
Specific reported conduct that, if true, qualifies as both Sex-Based Misconduct under the Sex-Based Harassment provisions in Section IV(A) and Sex-Based Misconduct under the Sex-Based Discrimination & Related Misconduct provisions in Section IV(B) may only be analyzed under the Sex-Based Harassment provisions in Section IV(A). If a matter contains reported conduct that properly falls under the Sex-Based Harassment provisions in Section IV(A) and separate conduct that properly falls under the Sex-Based Discrimination & Related Misconduct provisions in Section IV(B), the matter will proceed in a manner that is consistent with the procedures for resolving a Sex-Based Harassment matter.
If the reported conduct does not fall within the scope of the Policy, the Title IX Coordinator will work with the complainant to determine which CUNY unit, department, or office, if any, is able to address the needs and concerns raised in the report. The analysis contained in this sub-section will be concluded within 10 business days.
B. Identifying Which School, College, or Unit has Jurisdiction
The Title IX Coordinator for the school, college, or unit with jurisdiction over the respondent will lead the response to the reported conduct even if the reported conduct occurred within an education program or activity of a separate school, college, or unit. For student-respondents, jurisdiction will attach to the school or college in which that student-respondent is enrolled. For employee-respondents, jurisdiction will attach to the school, college, or unit employing that employee-respondent. For Third Parties, jurisdiction will attach to the school, college, or unit authorizing the Third Party to provide the aid, benefit, or service.
C. Advisor of Choice & Support Person
The parties are permitted to have an advisor of their choice (i.e., an “Advisor of Choice”) present during any meeting or included on any communication occurring pursuant to the Policy. The Advisor of Choice can be anyone, including an attorney, who is willing to assist or advise the party. CUNY will not limit the choice or presence of the Advisor of Choice.
Unless otherwise expressly stated in the Policy, Advisors of Choice are not permitted to: (1) directly communicate with CUNY officials acting pursuant to the Policy; (2) submit documents on behalf of a party; or (3) otherwise communicate on behalf of a party. The availability of an Advisor of Choice to attend a meeting cannot unreasonably interfere with or delay meetings requested pursuant to the Policy. If the conduct of an Advisor of Choice is not consistent with the Policy, the party will be given notice of the improper behavior by their Advisor of Choice. If the conduct continues, CUNY will inform the party that continued non-compliance by their Advisor of Choice may be deemed a waiver by the party of the party’s right to proceed under or otherwise participate in the relevant portion of the Policy.
The parties are also permitted to have a Support Person present during any meeting occurring pursuant to the Policy. This person is responsible for addressing the mental, emotional, and physical health needs of a party. Support Persons are not permitted to: (1) directly communicate with CUNY officials acting pursuant to the Policy; (2) submit documents on behalf of a party; or (3) otherwise communicate on behalf of a party. The availability of a Support Person to attend a meeting cannot unreasonably interfere with or delay meetings requested pursuant to the Policy. If the conduct of Support Person is not consistent with the Policy, the party will be given notice of the improper behavior by their Support Person. If the conduct continues, CUNY will inform the party that continued non-compliance by their Support Person may result in the Support Person no longer being permitted to remain in that role.
D. Supportive Measures
Supportive Measures and accommodations are non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to education and to ensure safety, prevent retaliation and prevent an ongoing hostile environment. Supportive Measures are available to all community members who have been affected by Sex-Based Misconduct. Supportive Measures are available when a school, college, or unit becomes aware of a report of Sex-Based Misconduct, whether or not a complainant chooses to move forward with an investigation or Informal Resolution. Supportive Measures may be provided on an interim or continuing basis. The Title IX Coordinator may also take reasonable measures to ensure the safety of the CUNY community at large.
When a Title IX Coordinator learns of a report of Sex-Based Misconduct, the Title IX Coordinator will promptly contact the complainant to inform the complainant of the availability of Supportive Measures, inform the complainant that Supportive Measures and accommodations are available even if the complainant does not wish to proceed with an investigation and/or Informal Resolution, and discuss the complainant’s wishes regarding Supportive Measures.
When issuing Supportive Measures, the Title IX Coordinator will make reasonable efforts to address the physical, mental, and emotional well-being of the individual requesting Supportive Measures as well as their educational needs. Where no Complaint has been filed but Supportive Measures impacting a respondent have been requested, the respondent will be provided an unsigned Notice of Allegations, which will contain, if known: (a) the name of the parties; (b) the date, time, and location of the alleged Sex-Based Misconduct; (c) the underlying factual allegations; and (d) each type of Sex-Based Harassment or Sex-Based Discrimination & Related Misconduct alleged by the complainant.
The Title IX Coordinator is responsible for coordinating and ensuring the effective implementation of Supportive Measures. Therefore, all requests for Supportive Measures should be made to the Title IX Coordinator. The Title IX Coordinator will work with the Chief Student Affairs Officer to identify a trained staff member to assist students with obtaining Supportive Measures. The Title IX Coordinator will work with the Human Resources Director to assist employees with obtaining Supportive Measures.
1. Range of Supportive Measures
The following types of Supportive Measures may be offered by CUNY:
(a) Counseling services through the Counseling Center or other appropriate office, or referral to an off-campus agency;
(b) Appropriate changes to academic programs, including changes in class schedule, accommodations to permit students to take an incomplete or drop a course or courses without penalty, permitting students to attend a class via videoconference platform or other alternative means, transferring a student into an online-only version of a class, providing an academic tutor, or extending deadlines for assignments;
(c) Pregnancy accommodations;
(d) Making appropriate changes to residential housing situations or providing assistance in finding alternate housing;
(e) Changing an employee’s work assignment or schedule;
(f) Providing an escort to and from class or campus work location;
(g) Arranging appropriate transportation services to ensure safety;
(h) Issuing a No Contact Order whereby continued intentional contact would be a violation of CUNY Policy and subject to disciplinary action;
(i) Enforcing an Order of Protection issued by a court; and
(j) Emergency removal of a respondent when they pose an imminent threat to the physical health or safety of any person.
Where appropriate, the Title IX Coordinator has the authority to review and modify Supportive Measures.
2. No Contact Orders
A No Contact Order is a directive prohibiting intentional direct or indirect contact or communication between specific individuals. Students who violate a No Contact Order are in violation of the Henderson Rules and will be subject to disciplinary action under Article XV of the CUNY Bylaws. Employees who violate a No Contact Order are in violation of the relevant collective bargaining agreement or employment agreement and are subject to applicable disciplinary procedures. No Contact Orders may be issued to complainants, respondents, and other individuals as appropriate. No Contact Orders, and modifications of No Contact Orders, are drafted by the Title IX Coordinator and issued by the Chief Student Affairs Officer in student matters or the Director of Human Resources or Labor Designee in employee matters. No Contact Orders can be issued to one or more individuals and they may be unilateral or reciprocal.
3. Emergency Removal & Administrative Leave
When a respondent poses an imminent and serious threat to the health or safety of a student, employee, or other member of the CUNY community, CUNY may remove a respondent from any CUNY education program or activity in a manner that is consistent with the provisions contained in the Policy. An emergency removal is not a determination of responsibility.
Prior to issuing notice of an emergency removal under this sub-section, the Dean or President, or their designee, will, in consultation with the appropriate officials from the school or college and the University Title IX Director, conduct an individualized safety and risk analysis to determine whether the respondent presents an imminent and serious threat to the health or safety of a student, employee, or other member of the CUNY community. The parties will be notified of the emergency removal, or the revocation of the emergency removal, by an appropriate school or college official. Notice of the emergency removal will be simultaneously sent to the parties, and CUNY will provide the respondent notice and an opportunity to appeal the emergency removal immediately following the removal.
Nothing in this section prohibits CUNY from placing an employee on administrative leave from employment responsibilities during the pendency of a grievance procedure under the Policy. For employee-respondents subject to a collective bargaining agreement, emergency removal and administrative leave will comply with the procedures in the applicable collective bargaining agreement.
Violation of the terms of an emergency removal under the Policy will be grounds for separate disciplinary action which may include actions up to or including expulsion from the school or college or termination of employment.
A respondent may appeal an emergency removal on the following grounds:
(a) Procedural irregularity that would change the decision to implement an emergency removal;
(b) New evidence that would change the decision to implement an emergency removal and that was not reasonably available at the time the notice of emergency removal was issued;
(c) Any person directly involved in the decision to implement an emergency removal had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the decision to implement an emergency removal; or
(d) The disproportionate nature of the action.
A respondent must submit a written appeal of an emergency removal to the University Title IX Director within 5 business days of receipt of the written notice of emergency removal or within 5 business days of obtaining new information that supports one of the above grounds for appeal, whichever is later. Within 5 business days of receipt of the written appeal of an emergency removal, the University Title IX Director will: (1) inform the complainant that an appeal of the emergency removal has been submitted; and (2) provide the respondent’s written appeal to the Vice Chancellor for Student Affairs, or their designee. Within 15 business days of receipt of the written appeal, the Vice Chancellor for Student Affairs, or their designee, will issue an Appeal Decision to both parties describing the result of the appeal and the rationale for the result.
4. Pregnancy Accommodations
The following accommodations are available to students and employees seeking accommodations for past, present, or future pregnancy and related conditions.
i) Students
Pregnant students are entitled to breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom; intermittent absences to attend medical appointments; access to online or homebound education; changes in schedule or course sequence; extensions of time for coursework and rescheduling of tests and examinations; allowing a student to sit or stand, or carry or keep water nearby; counseling; changes in physical space or supplies (for example, access to a larger desk or a footrest); elevator access; or other changes to policies, practices, or procedures.
Pregnant students are also entitled to leaves of absence from their education program or activity for pregnancy and related conditions. Students are allowed to voluntarily take a leave of absence from their education program or activity to cover, at minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. A longer period may be available to the extent a student qualifies for leave under any CUNY policy that allows for a greater period of time than the medically necessary period. When the student returns to their education program or activity, the student will be reinstated to the academic status and, as practicable, to the extracurricular status that the student held when the voluntary leave began.
For the purposes of this sub-section, supporting documentation is not necessary including, but not limited to, when the student’s need for a specific action is obvious, such as when a student who is pregnant needs a bigger uniform, or when the reasonable modification because of pregnancy or related conditions at issue requires a student to carry or keep water nearby and drink, use a bigger desk, sit or stand, or take breaks to eat, drink, or use the restroom; when the student has lactation needs; or when the specific action is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation. CUNY will treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions with respect to any medical or hospital benefit, service, plan, or policy CUNY administers, operates, offers, or participates in with respect to admitted students. Finally, CUNY will not require a student who is pregnant or has related conditions to provide certification from a healthcare provider or any other person that the student is physically able to participate in a class, program, or extracurricular activity unless: (1) the certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity; (2) CUNY requires such certification of all students participating in the class, program, or extracurricular activity; and (3) the information obtained is not used as a basis for discrimination prohibited by the Policy.
ii) Employees
Employees requesting an accommodation based on pregnancy, childbirth, or a related medical condition should contact the Office of Human Resources at their school, college, or unit. Employees may be required to submit an intake form. The employee and the Director of Human Resources, or a designee, will engage in an interactive process, also called a cooperative dialogue, which may include a consideration of several factors, such as the employee’s limitations and the job functions and requirements, with the goal of finding an acceptable accommodation. The Director of Human Resources, or a designee, will initiate a cooperative dialogue even when an employee does not make an accommodation request when the school, college, or unit has: (1) knowledge the employee’s performance at work has been affected or that their behavior at work could lead to an adverse employment action; and (2) a reasonable basis to believe that the issue is related to pregnancy, childbirth, or a related medical condition. Reasonable accommodations may include, but are not limited to, granting frequent bathroom breaks, providing the employee with a specialized chair, granting leaves of absence, changing work schedules to accommodate doctor’s visits, temporary shift reassignments, providing light duties or assistance with manual labor for a period of time, or temporarily reassigning the employee to a vacant position for which the employee is qualified. A grant or denial of the employee’s request will be made as soon as practicable, considering the urgency of the request, and sent to the employee in writing, either stating the accommodation, or for denials, the reason the request was denied.
Employees may be required to submit medical documentation when requesting: (1) time away from work, including for medical appointments, other than the presumptive six (for a vaginal delivery) to eight (for a cesarean section) week period following childbirth for recovery from childbirth; or (2) to work from home, either on an intermittent or a long-term basis. This requirement does not affect medical documentation requirements related to leave taken pursuant to the Family Medical Leave Act or other disability plans or policies.
Employees seeking accommodations for pregnancy, childbirth, or a related medical condition should consult the following policies or laws:
• The City University of New York Policy on Equal Opportunity and Non-Discrimination The CUNY Policy on Equal Opportunity and Non-Discrimination can be found here: https://www.cuny.edu/about/administration/offices/legal-affairs/policies-resources/equal-opportunity-and-non-discrimination-policy/
• The CUNY Procedures for Implementing Reasonable Accommodations and Academic Adjustments
The CUNY Procedures for Implementing Reasonable Accommodations and Academic Adjustments can be found here: https://www.cuny.edu/about/administration/offices/legal-affairs/policies-resources/reasonable-accommodations-and-academic-adjustments/
• The New York City Pregnant Workers Fairness Act
The New York City Pregnant Workers Fairness Act can be found here: https://www.eeoc.gov/summary-key-provisions-eeocs-final-rule-implement-pregnant-workers-fairness-act-pwfa
E. Request for Anonymity - Complainant
CUNY strongly supports a complainant’s request that their anonymity be maintained after a report of Sex-Based Misconduct is received by the Title IX Coordinator. If the Title IX Coordinator can honor the request, the Title IX Coordinator will not disclose the complainant’s name or identity to anyone other than those individuals who are necessary to implement the relevant provisions in the Policy. The Title IX Coordinator will report the following types of incidents to law enforcement: (a) an imminent threat of serious injury to the complainant or any other person; or (b) potentially unlawful sexual activity involving a minor or a person with a cognitive disability.
Please note that Supportive Measures limiting the conduct of a respondent will not be available to complainants who wish to remain anonymous after a report of Sex-Based Misconduct is received by the Title IX Coordinator. All other Supportive Measures remain available to complainants who wish to remain anonymous. In addition, an investigation cannot be conducted when the complainant’s anonymity is maintained by the Title IX Coordinator.
F. Request That an Investigation not Take Place - Complainant
The Title IX Coordinator will strongly consider a complainant’s request that an investigation not take place. If a complainant makes such a request, the Title IX Coordinator will weigh the complainant’s request against CUNY’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) The complainant’s reasonable safety concerns regarding initiation of a Complaint;
(b) Whether the respondent has a history of violent behavior or has engaged in repeated misconduct;
(c) The age and relationship of the parties, including whether the respondent is a CUNY employee;
(d) Whether the incident represents escalation of prohibited conduct by the respondent from previously noted behavior;
(e) Any increased risk that the respondent will commit additional acts of violence or Sex-Based Misconduct;
(f) Whether the respondent used a weapon or force;
(g) Whether the complainant is a minor;
(h) Whether the Sex-Based Misconduct, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
(i) Whether the school, college, or unit possesses other means to obtain evidence such as security footage;
(j) Whether available information reveals a pattern of misconduct at a given location or by a particular group that poses a risk to other campus community members; and
(k) Whether the school, college, or unit could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.
If the Title IX Coordinator determines a matter will proceed to an investigation despite the complainant’s request that the matter not be investigated, the University Title IX Coordinator will notify the parties that the Title IX Coordinator is initiating a University Complaint. The person who experienced the unwelcome conduct will continue to be designated as the complainant, and the complainant will receive all relevant communications, information, and updates pertaining to the investigation. Any investigative materials obtained or generated prior to the initiation of the University Complaint will be included in the investigative materials relating to the University Complaint if those investigative materials relate to the allegations contained in the University Complaint.
The Title IX Coordinator will continue to provide the complainant with ongoing assistance and support, including Supportive Measures.
G. Informal Resolution Process
CUNY recognizes that parties may want to resolve their matter using a process that is less time consuming and formal than the grievance processes contained in the Policy. The Informal Resolution process, which serves as an alternative to the formal grievance process, empowers parties by allowing them to tailor a mutually agreed upon outcome.
Once a report of Sex-Based Misconduct is received by the Title IX Coordinator, the Title IX Coordinator will inform the complainant, if known, that they may request the matter be resolved under one of the two pathways offered under the Informal Resolution process. A complainant may request that the Informal Resolution process take place even if an investigation has not been requested or commenced. A complainant may also initiate the Informal Resolution process after an investigation has commenced. The Informal Resolution process is no longer available to the parties once a determination is made by the decisionmaker.
If a complainant wishes to initiate the Informal Resolution process before an investigation has been requested or commenced, an unsigned Notice of Allegations will be provided to the respondent before the Informal Resolution process can begin.
The parties will receive a Notice of Informal Resolution at the outset of the Informal Resolution process. This notice contains:
(a) A description of both the Party-Guided Informal Resolution Process and the CUNY-Guided Informal Resolution Process, including when those processes are available to the parties;
(b) A statement that each party must agree to participate in the Informal Resolution process;
(c) Notice that the time frame for an investigation or adjudication will be tolled while the parties engage in the Informal Resolution process;
(d) A statement that each party has the right to unilaterally withdraw from the Informal Resolution process and initiate or resume the grievance process at any time prior to the completion of the Informal Resolution process;
(e) A statement that the Title IX Coordinator has the discretion to terminate the Informal Resolution process at any time;
(f) A statement that the parties may have an Advisor of Choice and Support Person present throughout the Informal Resolution process;
(g) A statement that information learned as a direct result of the Informal Resolution process will not be shared with an investigator or decisionmaker for that matter while the matter is ongoing;
(h) A statement that the records memorializing the information learned as a direct result of the Informal Resolution process will be maintained by the Title IX office and that this information will not be accessible to any other CUNY official;
(i) A statement that the Informal Resolution Agreement, if any, will be maintained by the Title IX office and the contents of the agreement will not be shared with any other CUNY official unless there is a reported violation of the Informal Resolution Agreement;
(j) A statement that the reported violation of an Informal Resolution Agreements will be referred for review and discipline, or other appropriate action, in accordance with CUNY Bylaws, policies, and collective bargaining agreements;
(k) A statement that information independently learned by another source will not be excluded from an Investigative Report or subsequent adjudication merely because the information was discussed or raised during the Informal Resolution process;
(l) Confirmation that the Informal Resolution Facilitator is precluded from participating in any investigation or adjudication process related to the allegations giving rise to the Informal Resolution process;
(m)A list of potential terms the parties may request or agree to while engaging in the Informal Resolution process;
(n) The effect of an Informal Resolution Agreement on the investigation and adjudication of any allegations resolved through the Informal Resolution process;
(o) A statement that an Informal Resolution Agreement is binding only on the parties to the agreement; and
(p) A statement on how records associated with the Informal Resolution process will be maintained and that the conditions or terms of the Informal Resolution Agreement will not be provided to any school, college, or unit official who is not directly participating in the Informal Resolution process.
The Informal Resolution process will commence once the respondent has received the signed or unsigned Notice of Allegations, the Notice of Informal Resolution has been provided to the parties, and the parties have agreed in writing to participate in either the Party-Guided Informal Resolution Process or the CUNY-Guided Informal Resolution Process.
1. Party-Guided Informal Resolution Process
The Party-Guided Informal Resolution process allows the parties to reach a binding Informal Resolution Agreement without the respondent acknowledging responsibility for the allegations contained in the signed or unsigned Notice of Allegations. During this process, the parties will determine the manner and frequency of their communications, and they will draft mutually agreed upon terms in the form of a proposed Informal Resolution Agreement.
i) When the Party-Guided Informal Resolution Process is Prohibited
The Party-Guided Informal Resolution process is not available under the following conditions:
The Party-Guided Informal Resolution process is between a student and an employee or Third Party;
The Party-Guided Informal Resolution process is between a supervisory employee and an employee they supervise; or
A No Contact Order is in place between the parties unless the No Contact Order is drafted or modified to allow for contact between the parties for the purpose of reaching an Informal Resolution Agreement.
ii) The Role of the Informal Resolution Facilitator
A trained Informal Resolution Facilitator will be assigned to the Party-Guided Informal Resolution process. The role of the Informal Resolution Facilitator is to:
(a) Provide the Informal Resolution Agreement Template to the parties at the outset of the process;
(b) Re-share the list of potential terms the parties may request or agree to while engaging in the Informal Resolution process;
(c) Observe the Party-Guided Informal Resolution process;
(d) Relay any procedural questions the parties have to the school, college, or unit Title IX Coordinator;
(e) Review the parties’ proposed Informal Resolution Agreement to determine whether it requires a CUNY employee or Third Party to implement its terms and, if so, inform the parties whether it is feasible for a CUNY official to do so; and
(f) Approve the Informal Resolution Agreement in consultation with the Title IX Coordinator.
The Informal Resolution Facilitator will not provide any advice to the parties. The only guidance the Informal Resolution Facilitator will provide the parties will relate to items (d) or (e) in the preceding paragraph.
The Informal Resolution Facilitator must be included on all written communications between the parties, and they must be in attendance throughout all meetings or conversations between the parties if those communications or meetings pertain to the Informal Resolution process. The parties’ failure to include the Informal Resolution Facilitator on all Informal Resolution communications and throughout all Informal Resolution meetings may result in the Informal Resolution Facilitator failing to approve the parties’ proposed Informal Resolution Agreement.
iii) Monitoring Progress & Finalizing the Informal Resolution Agreement
The Title IX Coordinator will check in with the Informal Resolution Facilitator every 10 business days to assess the parties’ progress. If the parties reach an agreement and the Informal Resolution Facilitator approves the Informal Resolution Agreement, the Informal Resolution Facilitator will provide a written copy of the agreement to the Title IX Coordinator.
The Title IX Coordinator will facilitate the implementation of the Informal Resolution Agreement as needed. Once finalized, the Informal Resolution Agreement will be maintained for the following time period, whichever is longer: (1) 7 years; or (2) the duration of time the parties are members of the CUNY community, and they are subject to the terms of the Informal Resolution Agreement.
iv) Grounds for Not Approving or Voiding an Informal Resolution Agreement
A proposed Informal Resolution Agreement will not be approved if the proposed agreement is the result of coercion, intimidation, force, or threat of harm, or if the proposed agreement is the result of a material misrepresentation. The parties’ failure to include the Informal Resolution Facilitator on all Informal Resolution communications and in all Informal Resolution meetings may also result in a proposed Informal Resolution Agreement not being approved or being voided.
The Title IX Coordinator will void a finalized Informal Resolution Agreement if: (1) the agreement is the result of coercion, intimidation, force, or threat of harm; (2) the agreement is the result of a material misrepresentation; or (3) a party breaches the agreement.
If the parties wish to challenge a proposed Informal Resolution Agreement or a finalized Informal Resolution Agreement for the reasons stated above, they must submit a written request to the University Title IX Director containing the reason for making the request.
2. CUNY-Guided Informal Resolution Process
The CUNY-Guided Informal Resolution process allows the parties to reach a binding Informal Resolution Agreement only if the agreement notes that the respondent acknowledges responsibility for the allegations contained in the signed or unsigned Notice of Allegations. Any agreement reached through CUNY-Guided Informal Resolution must be acceptable to the parties and the Title IX Coordinator for the school, college, or unit.
i) The Role of the Informal Resolution Facilitator
A trained Informal Resolution Facilitator will be assigned to the CUNY-Guided Informal Resolution process. The role of the Informal Resolution Facilitator is to:
(a) Re-share the list of potential terms the parties may request or agree to while engaging in the Informal Resolution process;
(b) Meet with the parties separately to determine the terms, or combination of terms, that must be contained in the finalized Informal Resolution Agreement;
(c) Determine whether the parties’ terms overlap;
(d) If the terms do not overlap, inform the parties that the terms do not overlap and the Informal Resolution process will conclude if the parties are unwilling to accept different terms;
(e) If the terms overlap, draft a proposed Informal Resolution Agreement using the Informal Resolution Template;
(f) Relay any procedural questions the parties have to the school, college, or unit’s Title IX Coordinator; and
(g) Present the Informal Resolution Agreement to the Title IX Coordinator for the Title IX Coordinator’s approval.
The Informal Resolution Facilitator will not provide any advice to the parties. The only guidance the Informal Resolution Facilitator will provide the parties will relate to items (d) or (f) in the preceding paragraph. With respect to item (d), the Informal Resolution Facilitator will share the terms proposed by one party with the other party only if the other party states they wish to receive that information.
ii) Monitoring Progress & Finalizing the Informal Resolution Agreement
The Title IX Coordinator will check in with the Informal Resolution Facilitator every 10 business days to assess the parties’ progress. If the parties reach an agreement and the Title IX Coordinator, or their designee, approves the terms of the Informal Resolution Agreement, the Informal Resolution Agreement will be finalized.
The Title IX Coordinator will facilitate the implementation of the Informal Resolution Agreement as needed. Once finalized, the Informal Resolution Agreement will be maintained for the following time period, whichever is longer: (1) 7 years; or (2) the duration of time the parties are members of the CUNY community, and they are subject to the terms of the Informal Resolution Agreement.
iii)Grounds for Not Approving or Voiding an Informal Resolution Agreement
The Title IX Coordinator will not approve an Informal Resolution Agreement if: (1) the proposed agreement is the result of coercion, intimidation, force, or threat of harm; (2) if the proposed agreement is the result of a material misrepresentation; or (3) they determine the terms of the Informal Resolution Agreement are not commensurate with the nature of the allegations.
The Title IX Coordinator will void a finalized Informal Resolution Agreement if: (1) the agreement is the result of coercion, intimidation, force, or threat of harm; (2) the agreement is the result of a material misrepresentation; or (3) a party breaches the agreement.
If the parties wish to challenge a finalized Informal Resolution Agreement for the reasons stated above, they must submit a written request to the University Title IX Director containing the reason for making the request.
3. Timeframe
Informal Resolution processes lasting more than 30 business days will be terminated by the Title IX Coordinator absent good cause provided by the parties.
VIII. SEX-BASED HARASSMENT: GRIEVANCE PROCESS
The following grievance process applies to all reports of Sex-Based Harassment under the Policy. Whether or not a party wishes to pursue the grievance process, Supportive Measures are available to parties, witnesses, and other impacted community members, and Informal Resolution is available to the parties. The parties may choose to have an Advisor of Choice and a Support Person present at all relevant times.
A. Initiating the Sex-Based Harassment
Grievance Process
The grievance process commences when the University receives a Complaint (i.e., an oral or written request that can be objectively understood as a request for CUNY to investigate and make a determination about reported Sex-Based Harassment under the Policy). A request that CUNY investigate and make a determination about reported Sex-Based Harassment may be submitted by: (1) a complainant; (2) a person who is legally authorized to represent or act on behalf of the complainant; (3) and the Title IX Coordinator through a University Complaint.
B. Presumption of Non-Responsibility, Burden of Proof, and Standard of Proof
All reports of Sex-Based Harassment will be addressed in a prompt, thorough, and impartial manner. The University will maintain the presumption that the respondent is not responsible for the reported Sex-Based Harassment until a determination is made and the appeal process has been exhausted. Throughout the grievance process, the burden is on the University, not the parties or witnesses, to gather sufficient evidence to establish whether Sex-Based Harassment occurred. The University applies the preponderance of the evidence standard of proof (i.e., whether it is more likely than not that the Sex-Based Misconduct took place) to determine whether Sex-Based Harassment occurred.
C. Duty to Participate
Neither a party nor a student-witness can be compelled to participate in the grievance process. CUNY reserves the right to compel an employee-witness or Third Party to participate in the grievance process. Please note that CUNY may be limited in its ability to ensure that Sex-Based Harassment does not continue or recur within the CUNY community if a party or witness does not participate in the grievance process.
D. Request for an Extension of Time
The investigator, Title IX Coordinator, or University Title IX Director will determine, on a case-by-case basis, whether a party has established good cause to be granted a reasonable extension of time to participate in any phase of the grievance process. The investigator, Title IX Coordinator, or University Title IX Director will simultaneously notify the parties of the length of the extension granted and the reason for the extension.
E. Dismissal of Complaints
The following sub-section governs the process for dismissing Complaints.
1. Grounds for Dismissal
A Title IX Coordinator may dismiss a matter if any of the following conditions are met: (1) the University is unable to identify the respondent after taking reasonable steps to do so; (2) the respondent is not participating in CUNY’s education program or activity and is not employed by the University; (3) the complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint, and the Title IX Coordinator determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex-Based Harassment under the Policy even if proven; or (4) the University determines the conduct alleged in the Complaint, even if proven, would not constitute Sex-Based Harassment under the Policy.
Prior to dismissing the Complaint, CUNY must make reasonable efforts to clarify the allegations with the complainant. The University will make reasonable attempts to obtain the complainant’s withdrawal in writing if dismissing a Complaint based on the complainant’s voluntary withdrawal of the Complaint or any allegations.
2. Notice of Dismissal
If a Title IX Coordinator dismisses a matter, the University will provide simultaneous, written notice of the dismissal and the basis for the dismissal to the parties, except if the dismissal occurs before the respondent has been notified of the allegations, in which case only the complainant will receive written notice. The notice will state the grounds for dismissal and will inform the party or parties of the right to appeal the dismissal.
3. Appeal Process for the Dismissal of a Complaint
A party may appeal the Title IX Coordinator’s dismissal on the following grounds:
(a) Procedural irregularity that would change the outcome of the dismissal;
(b) New evidence that would change the outcome of the dismissal and that was not reasonably available at the time the dismissal was made; or
(c) The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or against the individual complainant or respondent that affected the outcome of the dismissal.
The notice of appeal pertaining to the dismissal of a Complaint must be submitted to the Title IX Coordinator within 5 business days of the issuance of the written Notice of Dismissal or within 5 business days of obtaining new information that supports one of the above grounds for appeal, whichever is later. If a notice of appeal is submitted to the Title IX Coordinator, the Title IX Coordinator will notify the parties of the appeal, and the Notice of Allegations will be provided to the respondent if it had not previously been provided to the respondent. The parties will be provided an equal opportunity to make a statement in support of, or challenging, the dismissal. This statement must be submitted by the parties to the Title IX Coordinator within 5 business days of being notified of their right to submit the statement. The Title IX Coordinator will submit these materials to the University Title IX Director. The University Title IX Director will issue an Appeal Decision describing the result of the appeal and the rationale for the result within 15 business days of the receipt of the materials.
Even if a Complaint is dismissed, the Title IX Coordinator will offer Supportive Measures to the complainant. The University will also offer Supportive Measures to the respondent if the respondent has been notified of the allegations. The Title IX Coordinator will also take other appropriate, prompt, and effective steps to ensure that Sex-Based Misconduct does not occur, continue, or recur within the CUNY community.
F. Conflict of Interest or Bias
If a party believes a CUNY official who is administering any portion of the grievance process has a conflict of interest or bias for or against complainants, respondents, or witnesses generally or against an individual complainant, respondent, or witness, any party may make a request to have that reportedly conflicted or biased CUNY official removed from the process.
Requests for removal must include a detailed description of the conflict or bias. All requests for removal must be directed to the University Title IX Director. After receiving a request for removal, the University Title IX Director will ask the individual with the alleged conflict of interest or bias to provide a short, written response to the request for removal and consider that response before making a determination. If a conflict or bias exists, the University Title IX Director will take immediate steps to replace that CUNY official to ensure an impartial and fair grievance process is maintained.
If the respondent in a matter is a CUNY official who customarily administers a portion of the grievance process, the Dean or President for the school or college will appoint another administrator to perform that person’s duties under the Policy.
If the President is the respondent, the investigation will be handled by the University Title IX Director, or their designee. In other appropriate matters in which a high-level administrator is the respondent, the investigation may be referred for investigation to the University Title IX Director, or their designee.
G. Unauthorized Recordings
The parties and witnesses are prohibited from recording any part of the investigation and grievance process and from unauthorized copying of documents or materials. Copying includes but is not limited to audio or video recording, streaming, photographing, scanning, transcribing, or any other form that conflicts with the spirit of this provision.
Allegations of non-compliance will be reviewed by the Office of Student Affairs, Human Resources, or the Labor Designee, as appropriate, and may result in disciplinary action.
H. Student Withdrawal or Student Transfer Within CUNY Before the Grievance Process is Completed
A student who withdraws from CUNY will not be exempt from an investigation or adjudication that commenced prior to withdrawal. When a student-respondent withdraws from CUNY with an investigation or adjudication pending, the respondent will be barred from attending any other school or college of CUNY until the investigation and/or adjudication is complete or the allegations are otherwise resolved. If the respondent fails to appear at a subsequent hearing, the school or college may proceed in absentia, and any decision and sanction will be binding for all schools or colleges, pending appeal.
When a school or college is notified of a respondent’s withdrawal, the school or college must place a notation on the respondent’s transcript that the respondent “withdrew with conduct charges pending.” If the respondent is subsequently found not responsible at a hearing, the transcript notation will be removed. If the respondent is subsequently found responsible at a hearing and the sanction is either suspension or expulsion, the transcript notation will be adjusted in accordance with Section VIII(L), below.
When a student-respondent transfers schools or colleges within CUNY while an investigation is pending, the school or college that instituted the investigation must complete the investigation before transferring the matter to the respondent’s new school or college for adjudication.
I. Investigations
The following provisions discuss the investigative process under the Sex-Based Harassment grievance process.
1. Trained Investigator
A trained investigator will investigate Complaints impartially and objectively, and they will follow all relevant procedures in the Policy. All interviews will be conducted in a live, question-and-answer format. No person designated as an investigator will have a conflict of interest or bias for or against complainants, respondents, or witnesses generally, and they will not have a conflict of interest or bias for or against a specific complainant, respondent, or witness.
2. Anonymity
For a full discussion of a complainant’s right to remain anonymous after a report of Sex-Based Misconduct is received by the Title IX Coordinator but before the grievance process has commenced, please see Section VII(E) (“CUNY’s Initial Response to Reports, Request for Anonymity – Complainant”).
Neither a party nor a witness may remain anonymous once the grievance process has commenced. Please see Section VIII(I)(6) to review the types of information that will be excluded or redacted during the grievance process.
3. Written Notice of Allegations
Following a live, question-and-answer intake meeting with the complainant, the investigator will draft a Notice of Allegations. The Notice of Allegations will contain the following information: (1) the name of the parties involved; (2) the date, time, and location of each reported incident to the extent known by the complainant; (3) the conduct giving rise to the report of Sex-Based Harassment; (4) a citation to the relevant portion of the Policy containing the definition of the specific type of Sex-Based Harassment alleged; (5) a reference to the Grievance Process, Informal Resolution, Supportive Measures, and Sanctions sections of the Policy; (6) a statement that retaliation is prohibited; (7) an acknowledgment that an updated Notice of Allegations will be shared with the parties if CUNY decides to investigate additional allegations of Sex-Based Harassment by the respondent toward the complainant that are not contained in the Notice of Allegations or if the Complaint is consolidated; (8) a statement that the parties will be provided an equal opportunity to access the relevant and not otherwise impermissible evidence, including the notes for each interview conducted by the investigator; (9) a statement that the parties will be provided an equal opportunity to access an Investigative Report that accurately summarizes the evidence; (10) a statement that they may have an advisor of their choice assist them throughout the process, and that the advisor may be, but is not required to be, an attorney; (11) the University’s prohibition on improper disclosure of information and evidence; (12) a statement that the respondent is presumed not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of the grievance process; (13) a statement that, prior to the determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker; and (14) a statement that the University’s Code of Conduct and the Policy prohibiting knowingly making false statements or knowingly submitting false information during the grievance procedure.
The parties will be permitted no less than 5 business days to prepare a response before an initial interview is conducted. To the extent the University has reasonable concerns for the safety of any person as a result of providing a Notice of Allegations, the University may reasonably delay providing written notice of the allegations in order to address the safety concern appropriately. Reasonable concerns will be based on individualized safety and risk analysis and not on mere speculation or stereotypes.
4. Witness Selection & Collection of Evidence
The investigator will make reasonable efforts to interview the parties and witnesses they deem necessary to obtain information needed to determine whether the reported conduct took place. CUNY will provide the parties with written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.
All interviews will be conducted in a live, question-and-answer format in which the investigator will ask questions that enable the investigator to assess the credibility of the parties and witnesses and to evaluate the allegations. The parties will be provided an equal opportunity to recommend fact witnesses and present inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.
The investigator will also make reasonable efforts to obtain materials needed to determine whether the reported conduct took place. The investigator will review all evidence gathered through the investigation and objectively evaluate whether evidence is relevant and what evidence is impermissible regardless of relevance. Each party will have an equal opportunity to access the evidence that is relevant to the allegations of Sex-Based Harassment and not otherwise impermissible, and the parties will be provided 10 business days to respond to the evidence.
5. Unauthorized Disclosure of Information and Evidence
Unauthorized disclosure of information and evidence obtained solely through the grievance procedure is strictly prohibited and may constitute Retaliation under the Policy. CUNY will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance process.
Please note that disclosure of information and evidence for purposes of litigation related to a Complaint of Sex-Based Harassment, or an administrative proceeding such as the pending grievance process under the Policy, is not prohibited.
6. Excluded or Redacted Materials
The following materials will be excluded or redacted from the record:
(a) Evidence that is protected under a privilege as recognized by federal, state, or local law, or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
(b) A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless CUNY obtains that party’s or witness’s voluntary, written consent for use in CUNY’s grievance process;
(c) Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged Sex-Based Harassment;
(d) Expert witnesses who are not approved by the investigator;
(e) The social security number, home address, or similar highly sensitive information pertaining to a party, witness, or other person referenced in the grievance process; and
(f) Any other materials prohibited by federal, state, or local law.
7. Expert Witnesses
A party or witness who wishes to submit expert testimony or materials must state the scientific, technical, or other specialized knowledge the expert possesses, how the expert testimony or materials will assist the decisionmaker, why the material is reliable, and why the information is relevant but not otherwise impermissible. The investigator will determine whether to admit the expert testimony or materials. Unapproved expert testimony or materials will be excluded or redacted from the record.
8. Review and Comment - Relevant Evidence
Prior to the completion of the Investigative Report, the investigator will provide the parties all relevant and not otherwise impermissible evidence gathered during the investigation (e.g., interview notes from the investigative interviews, materials submitted by the parties, and materials submitted by witnesses). The parties will have the opportunity to review and comment on this evidence. The parties may address the following in their comments:
(a) The need to exclude or redact information;
(b) Factual errors they observe in the evidence;
(c) Information in the evidence that requires additional context;
(d) A request for an additional meeting with the investigator and a detailed description of the rationale for that request; and
(e) A request that the investigator conduct further investigation into a specific issue and a detailed description of the rationale for that request.
The parties may also provide supplemental evidence with their comments. The parties’ comments and supplemental evidence are due within 10 business days of the investigator sharing the relevant and not otherwise impermissible evidence. The parties’ comments and supplemental evidence will be considered by the investigator prior to finalizing the Investigative Report.
9. Investigative Report
Upon completion of the investigation, the Title IX Coordinator must prepare an Investigative Report, which will fairly summarize all relevant evidence gathered during the investigation. The Investigative Report must include:
(a) The procedural history of the investigation;
(b) A list of the individuals interviewed;
(c) A summary of the conduct alleged;
(d) The definition of the specific type of Sex-Based Misconduct alleged;
(e) An exhibit list containing all relevant and not otherwise impermissible evidence; and
(f) A factual summary discussing the relevant evidence as it pertains to each allegation.
i) Review of the Investigative Report - The Parties
Upon completion of the Investigative Report, the investigator will send the report to each party for their review and written response. A party’s written response to the report is due within 10 business days of the report being provided to them. Upon receipt of a party’s written response to the report, it will be shared with the other party. Prior to the hearing, the Investigative Report and the parties’ written response to the report, if any, will also be shared with the Adjudication Committee.
ii) Review of Investigative Report and Written Responses - Dean or President
Unless otherwise prohibited by federal, state, or local law, the Title IX Coordinator will send the Investigative Report and written responses to the Dean or President, and the Title IX Coordinator will send these materials to the Chief Student Affairs Officer if the respondent is a student. Following receipt of the Investigative Report and written responses, the Dean or President must, when warranted by the facts, authorize such action as they deem necessary, including action to correct the effects of the conduct investigated or prevent further harm to an affected party or other similarly situated person. This may include a recommendation that disciplinary action be commenced against the respondent or authorization to close the matter.
Within 30 business days of the termination of an investigation when it has been resolved by Informal Resolution or the complainant has withdrawn from the matter, the Title IX Coordinator will summarize for the file the actions taken in response to the allegations and the basis on which the investigation was closed.
10.Consolidation
The University may consolidate Complaints of Sex-Based Misconduct against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of Sex-Based Misconduct arise out of the same facts or circumstances. If one of the Complaints to be consolidated is a Complaint of Sex-Based Harassment, the grievance process for investigating and resolving the consolidated Complaint must comply with the procedures for a matter alleging Sex- Based Harassment.
11.Timeframe
The Investigations phase will be completed within 120 business days. If there is a delay in completing the Investigations phase, the Title IX Coordinator must notify the parties in writing, indicate the reason for the delay, and provide a timeframe for completing the investigation. The reason for an extension of the timeframe of an investigation may include, but is not limited to: compliance with a request by law enforcement; a limited accommodation for the availability of parties, their advisors, or witnesses; students or employees on leave; exam periods, school breaks, or vacations; and accounting for the complexities of a specific investigation, including the number of witnesses and volume of information provided by the parties.
J. Hearings
Following the completion of the Investigations phase, unless otherwise permitted under the Policy, all Sex-Based Harassment matters will proceed to a live hearing.
1. Referral for Hearing
Following the conclusion of the Investigations phase, the Title IX Coordinator will notify the following parties that the matter is ready for a hearing before the Adjudication Committee:
(a) For student-respondents: the University Title IX Director and the school or college Office of Student Affairs.
(b) For employee respondents: the University Title IX Director and the school, college, or unit Office of Human Resources and the school, college, or unit Labor Designee.
The University Title IX Director will facilitate the selection and scheduling of the Adjudication Committee, which will be comprised of members of the CUNY-wide Sexual Misconduct Panel. The University Title IX Director will determine an appropriate physical location for the hearing on a case-by-case basis. After the Adjudication Committee is selected and the hearing is scheduled, the school or college Office of Student Affairs or the school, college, or unit Office of Human Resources and/or Labor Designee will coordinate the hearing, including, for example, providing a location, facilitating a remote platform, recording the hearing and arranging for Presenters and advisors, as needed.
2. Issuance of Notice of Hearing
The college Office of Student Affairs or Office of Human Resources/Labor Relations will issue the Notice of Hearing to the parties, which will include the date, time and location of the hearing and notice of the allegations identified in the Investigative Report. The Notice of Hearing will be sent via email, using the parties’ CUNY email address unless another means of communication is requested. Notice of at least 7 business days will be provided. If any party fails to respond to the notice, appear on the adjourned date, or request an extension, the school, college, or unit may proceed without their presence, and any Written Determinations will be final, subject to appeal.
The Notice of Hearing must contain the following:
(a) A complete and itemized statement of the allegations against the respondent, including the policy the respondent is charged with violating, and the possible penalties for such violation; and
(b) A statement that the parties have the right to attend and participate fully in the hearing including the right: (1) to present their side of the story; (2) to present witnesses and evidence on their behalf; (3) to be represented by an advisor (who may be an attorney, at their own expense) and if the respondent or the complainant does not have an advisor at the hearing, the college will provide an advisor for the limited purpose of cross examination; (4) for their advisor to cross-examine witnesses presenting evidence; (5) for the respondent to remain silent without the assumption of responsibility; and (6) to a warning that anything said may be used at a non-college hearing.
3. CUNY-wide Sexual Misconduct Panel and Adjudication Committee
Each year, CUNY assembles a CUNY-wide Sexual Misconduct Panel (the “Panel”) comprised of faculty members, Higher Education Officer (“HEO”) series employees, and students from the schools or colleges. CUNY consults with each CUNY Dean or President during the process of forming the panel. When selecting faculty members, the Deans and Presidents consult with the faculty member who is the head of the appropriate campus governance body, or where the Dean or President is the head of the governance body, the faculty members of its executive committee. Each Panel member receives annual training regarding the Policy and their role in enforcing its provisions.
For each Sex-Based Harassment matter that goes to a hearing, three randomly selected members of the Panel will serve as the decisionmaker for that hearing. This three-member group of Panel members is referred to as the “Adjudication Committee.”
For hearings in which the respondent is a student, each Adjudication Committee will consist of one faculty member or one HEO, one student member, and a chairperson, who will be a faculty member or a HEO. For hearings in which the respondent is a faculty member, each Adjudication Committee will consist of two faculty members and a chairperson, who will be a faculty member or a HEO. For hearings in which the respondent is a HEO, each Adjudication Committee will consist of two HEOs and a chairperson, who will be a faculty member or a HEO. For all other hearings in which the respondent is an employee, each Adjudication Committee will consist of two faculty members or one faculty member and one HEO as well as a chairperson, who will be a faculty member or a HEO.
Once an Adjudication Committee is impaneled, they will be provided all relevant investigative materials, including the Investigative Report, the written responses to the Investigative Report, and any other relevant documents obtained as part of the investigation. The Adjudication Committee will not be provided any impermissible material or evidence.
During the hearing, the Adjudication Committee will listen to the testimony, review, and consider evidence and ask questions of the parties and witnesses to aid in their assessment of each individual’s credibility and to assist them in their determination of responsibility. After the deliberation phase, the Adjudication Committee will consider all the information and evidence, make a decision as to responsibility and sanction, if applicable, and issue a Written Determination.
The Adjudication Committee will collectively decide by majority vote whether the respondent is responsible for the alleged Policy violation(s). Hearings will be scheduled promptly (including during the summers) at a convenient time, and efforts must be made to ensure full student, HEO, and faculty representation.
If any Adjudication Committee member, including the chairperson, cannot continue, the University Title IX Director will appoint another Adjudication Committee member from the Panel to fill the vacant position.
Panel members will not participate in a matter if they have been involved in the investigation, will be participating in the hearing as a witness or if they have a direct interest in the outcome of the matter. Panel members will not serve on an Adjudication Committee if they have previously participated in a matter involving the same parties.
4. Hearing Format
The following sub-section addresses the hearing format for matters proceeding to a hearing under the Sex-Based Harassment grievance process.
i) Live Hearings
CUNY may conduct the live hearing with the parties physically present in the same geographic location. Upon request from any party, or at CUNY’s discretion, the live hearing may be conducted with the parties physically present in separate locations, with technology enabling the Adjudication Committee and parties to simultaneously see and hear the party or the witness while that person is speaking. All hearings are closed, meaning participation and observation is limited to the parties, their advisors, witnesses, the Adjudication Committee, the school, college, or unit Presenter and any CUNY official required to assist with the proper administration of the hearing.
ii) Role of the Chairperson
The chairperson of each Adjudication Committee will preside over all hearings and make all procedural rulings for the Adjudication Committee. At the commencement of the hearing, the chairperson will read from the Chairperson Script. During the presentation of evidence, the chairperson will exclude from the hearing room all persons who are to appear as witness until such time as they are providing testimony, and they will exclude all non-relevant questioning, testimony, and evidence. During the deliberation phase, the chairperson will lead the Adjudication Committee as the Adjudication Committee considers the information and evidence, determines responsibility, decides on the appropriate sanction, if applicable, and issues a Written Determination.
iii) Chairperson Script
At the outset of the hearing, the chairperson will inform the parties of their rights and the hearing procedures through the reading of the Chairperson Script.
During the reading of the Chairperson Script, the chairperson will ask the respondent whether they intend to admit responsibility for the allegations. If the Respondent admits responsibility for the allegations, the hearing moves directly to the post-hearing phase. If the Respondent chooses to not admit responsibility for the allegations, the hearing will proceed to the presentation of evidence. The Adjudication Committee may not draw any inference from a Respondent’s decision not to admit responsibility for the allegations.
iv) Opening Statements
The school, college, or unit, through the Presenter, and the parties may make an opening statement following the reading of the Chairperson Script. The opening statement should be a summary of the nature of the allegations and of the key facts and evidence that will be discussed in detail during the subsequent presentation of evidence.
v) Presentation of Evidence
If the Presenter, complainant, and respondent each choose to participate in the Presentation of Evidence, evidence will be presented in the following order: (1) the Presenter; (2) the complainant; and then (3) the respondent. The parties have an equal opportunity to present relevant evidence, including fact and expert witnesses and other inculpatory and exculpatory evidence to the Adjudication Committee. If a party submits documentary evidence during a hearing that was not previously shared during the investigation, the chairperson may, at the request of any other party or the Presenter, grant an adjournment of the hearing as necessary in the interest of fairness, to permit the requesting party time to review the newly produced evidence. Evidence that would be excluded or redacted during the Investigations phase will be deemed inadmissible by the chairperson.
a) Cross Examination
Each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. A party may not conduct cross-examination personally; they must do so through their advisor. In the event a party does not have an advisor and the matter proceeds to a hearing, the school, college, or unit must provide a CUNY-Appointed Advisor for the Limited Purpose of Cross- Examination to ask those questions the party would like to ask. CUNY will not appoint a Confidential Employee to serve as a CUNY-Appointed Advisor for the Limited Purpose of Cross-Examination.
Before a complainant, respondent, or witness answers a cross-examination or other question, the chairperson must first determine whether the question is relevant and permissible, and they must explain any decision to prohibit a question.
b) Absence or Refusal to Answer Questions
The Adjudication Committee may not draw an inference regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer any cross examination questions. However, the Adjudication Committee may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The Adjudication Committee must not draw an inference about whether Sex-Based Harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.
vi) Closing Statements
Following the presentation of evidence, the Presenter and the parties may provide closing statements. If the Presenter, complainant, and respondent each choose to provide a closing statement, they will be provided in the following order: (1) the respondent; (2) the complainant; and then (3) the presenter. Closing statements should summarize the key facts and evidentiary materials contained in the investigative record and discussed during the hearing. In addition, the parties may state how the key facts and evidentiary materials should inform the Written Determination that will be issued by the Adjudication Committee.
vii) Post Hearing Submissions
Within two business days of the completed hearing, the Presenter will have the opportunity to introduce a copy of the respondent’s previous disciplinary records, if any, from any CUNY school or college the respondent has attended. They will also have the opportunity to submit an impact statement. The Presenter may submit an Impact Statement containing: (1) the appropriate sanction in the event the respondent is found responsible for violating the Policy; (2) the rationale for the proposed sanction. The Presenter may also introduce a copy of the respondent’s previous disciplinary records, if any, from any CUNY school or college the respondent has attended, provided the respondent was shown a copy of the records prior to the commencement of the hearing.
The Presenter must provide the respondent with a copy of their previous disciplinary records in advance of the hearing if they intend to submit them to the Adjudication Committee following the hearing.
The parties may submit an Impact Statement containing the following information: (1) the appropriate sanction in the event the respondent is found responsible for violating the Policy; (2) the rationale for the proposed sanction; (3) evidence of and comments on the respondent’s character; and (4) a statement regarding the impact of the conduct on the party.
The previous disciplinary records and the Impact Statements will not be reviewed by the Adjudication Committee unless the respondent is found responsible. Once the Adjudication Committee determines the respondent is responsible, these materials will be used to inform the sanctions provisions contained in the Written Determination.
viii)Hearing Recording
The school, college, or unit will make a recording of each hearing (e.g., stenographic transcript, audio recording, or video recording). No other recording of the proceedings is permitted. In the event of an appeal, the parties will be provided a copy of such a record without cost, upon the condition that it is not to be disseminated except to their Advisor of Choice, or any other person permitted to receive the record under federal, state, or local law.
5. Written Determination
The decisionmaker will evaluate relevant and not otherwise impermissible evidence for its persuasiveness, and they will not make credibility determinations based on a person’s status as a complainant, respondent, or witness. If the decisionmaker cannot establish by a preponderance of the evidence that Sex-Based Harassment occurred, the decisionmaker must not determine that Sex-Based Harassment occurred.
The Written Determination will include:
1. A description of the alleged Sex-Based Harassment;
2. Information about the policies and procedures that CUNY used to evaluate the allegations;
3. The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether Sex-Based Harassment occurred;
4. The rationale for the Written Determination;
5. When the decisionmaker finds that Sex-Based Harassment occurred, any disciplinary sanctions CUNY will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by the University to the complainant, and, to the extent appropriate, other students identified by CUNY to be experiencing the effects of the Sex-Based Harassment; and
6. CUNY’s procedures for the complainant and respondent to appeal.
The Title IX Coordinator will distribute the Written Determination to the parties simultaneously, within 15 business days of the conclusion of the hearing. The Written Determination will be sent by email using the parties’ CUNY email address or by any other email address known to the school, college, or unit. In matters involving two or more complainants or respondents, the Title IX Coordinator has 20 business days from the conclusion of the hearing to distribute the Written Determination to the parties.
The Written Determination becomes final either on the date on which the Decision on Appeal is issued, or, if no party appeals, the date on which an appeal would no longer be considered timely.
If there is a determination that Sex-Based Harassment occurred, the Title IX Coordinator will coordinate the provision and implementation of remedies to a complainant and other persons CUNY identifies as having had their equal access to CUNY education programs or activities limited or denied by Sex-Based Harassment. The Title IX Coordinator will also coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions, and require the Title IX Coordinator to take other appropriate prompt and effective steps to ensure that Sex-Based Harassment does not continue or recur within the University community.
6. Sanctions
If a respondent is found responsible for violating the Policy, the Adjudication Committee will determine the consequences, or sanction, to be imposed; except that if the respondent is a represented employee whose discipline is subject to a collective bargaining agreement with CUNY or an employee with disciplinary rights under the New York State Civil Service Law, there will be no sanction phase, and a determination that the respondent is responsible will be referred for discipline under the applicable collective bargaining agreement or Civil Service Law. For all other employees, sanctions range from a reprimand to suspension to termination of employment.
When determining which sanction to impose, CUNY will elect to impose sanctions that are:
(1) fair and appropriate given the facts of the specific matter; (2) adequate to promote the safety of the CUNY community; and (3) reflective of the seriousness of the Sex-Based Misconduct.
Relevant factors that will be considered when imposing a sanction include: (1) the specific Sex-Based Misconduct at issue; (2) the circumstances accompanying the lack of consent (such as force, threat, coercion, incapacitation); (3) the sanctions imposed on the respondent in other matters involving similar conduct or the sanction recommended by the
Presenter; (4) the impact of the offense on the parties and the broader CUNY community, including the safety of the CUNY community; and (5) the respondent’s prior disciplinary history.
The following sanctions may be imposed on a student-respondent:
(a) Warning: Notice to the respondent, in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may result in more severe disciplinary action.
(b) Probation: A trial period during which the student may be excluded from participation in privileges or extracurricular University activities, as set forth in the notice of probation. Probation is for a designated period of time, and it includes notice of the probability of more severe disciplinary sanctions if the student is found to violate the Policy during the probationary period.
(c) Residence Hall Dismissal: Permanent separation of the student from the residence hall and termination of the student’s housing or license agreement, as applicable.
(d) Suspension: Exclusion from classes and other University privileges and activities as set forth in the notice of suspension for a definite period of time not to exceed three years.
(e) Dismissal: Permanent termination of student status, except that a dismissed student will be permitted to apply for readmission after a period of no less than three years in matters where the decision has expressly permitted such reapplication and set forth reasonable conditions for readmission.
(f) Expulsion: Permanent termination of student status.
(g) Withholding of Degree: A student’s academic degree that has been earned but not yet awarded, may be withheld until the completion of the disciplinary process as set forth in the Policy, including the completion of all disciplinary sanctions imposed.
(h) Revocation of Degree: Revoking degree awarded from the University/School/College for violations of the Policy committed by a student prior to graduation but discovered after the student is awarded a degree; and
(i) Revocation of Admission: Revoking an offer of admission prior to a student enrolling at CUNY.
In addition to the sanction imposed (except for expulsion, withholding of degree, revocation of degree, and revocation of admission), CUNY will require any student determined to be responsible for a violation of the Policy to receive appropriate education and/or training related to the Sex-Based Misconduct at issue. Students who are suspended, dismissed, or expelled as a result of the disciplinary process are not entitled to a refund of their tuition and/or fees.
When a disciplinary hearing results in a sanction of expulsion or suspension for one term or more, the respondent must be barred from admission to, or attendance at, any other unit of CUNY while the sanction is being served. Students may also be subject to CUNY’s policy on transcript notations. (Section VIII(L)).
7. Remedies for Complainants
In the event the respondent is found responsible for violating the Policy, the Title IX Coordinator will implement remedies for the complainant, designed to restore or preserve equal access to CUNY’s education program or activity. Such remedies may include a continuation of the same Supportive Measures described in Section VII(D), but need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.
8. Timeframe
When possible, the live hearing must be completed within 60 business days of the completion of the Investigations phase.
K. Appeals
The following provisions govern the appeal of a hearing held pursuant to the Sex-Based Harassment grievance process.
1. Grounds for Appeal
A party may appeal the Adjudication Committee’s Written Determination and/or the sanction imposed on the following grounds:
(a) Procedural irregularity that would change the outcome of the matter;
(b) New evidence that would change the outcome of the matter and that was not reasonably available at the time the Written Determination was made;
(c) The Title IX Coordinator, investigator, or Adjudication Committee had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or
(d) The disproportionate nature of the sanction.
2. CUNY-Wide Sexual Misconduct Panel – Appeal Arbiter
For each Sex-Based Harassment matter that goes to appeal after a hearing, one randomly selected member of the Panel will decide the appeal. This member of the Panel is referred to as the “Appeal Arbiter.” In all such matters, the Appeal Arbiter will be a faculty member or a HEO.
3. Notice of Appeal, Written Appeal, and Written Response to the Written Appeal
Parties intending to appeal under this section must send a written Notice of Appeal to the University Title IX Director within 10 business days of the delivery of the Written Determination or within 10 business days of obtaining new information that supports one of the above grounds for appeal, whichever is later. The University Title IX Director will notify the non-appealing party in writing and will instruct the school, college, or unit to provide the hearing recording to the parties. The school, college, or unit will provide the hearing recording to the parties in a timely manner.
The appealing party must submit a Written Appeal to the University Title IX Director within 10 business days of the delivery of the hearing recording. The Written Appeal must contain the relevant ground(s) for appeal and a detailed description of the rationale for the appeal. The non-appealing party will have the opportunity to submit a Written Response to the Written Appeal, due within 10 business days of the delivery of the appealing party’s Written Appeal.
The University Title IX Director will assign an Appeal Arbiter to the matter. The Appeal Arbiter will review the hearing materials and the written submissions of the parties.
4. Potential Outcomes of the Appeal
The Appeal Arbiter may, in whole or in part, modify the sanction, remand the matter for a new investigation or hearing, or affirm the Written Determination. The Appeal Decision will be provided simultaneously to the parties.
5. Timeframe
Within 15 business days of receipt of the non-appealing party’s Written Response to the Written Appeal or the non-appealing party’s failure to provide the submission, the Appeal Arbiter will issue an Appeal Decision indicating the final outcome and rationale for that decision.
L. Transcript Notations & Withholding of Degrees
When a student-respondent is found responsible and the sanction is either suspension or expulsion, the school or college must place a notation on the respondent’s transcript stating that respondent “was suspended [or expelled] after a finding of responsibility for a code of conduct violation.”
In all other matters, the school or college must place a notation of the findings and sanction on a respondent’s transcript unless a resolution agreement, the decision-makers determination, or the decision on appeal expressly indicates otherwise.
In matters where a student-respondent was expelled as a result of a Clery Act crime of violence, including but not limited to sexual assault, the notation will not be removed. For all other matters, after four years from the date of the conclusion of the disciplinary proceeding, or one year after the conclusion of any suspension, whichever is later, the respondent has the right to request that a transcript notation from a finding of responsibility be removed. If a finding of responsibility is vacated for any reason, the notation must be removed.
IX. SEX-BASED DISCRIMINATION & RELATED MISCONDUCT: GRIEVANCE PROCESS
The following grievance process applies to all reports of Sex-Based Discrimination & Related Misconduct under the Policy. Whether or not a party wishes to pursue the grievance process, Supportive Measures are available to parties, witnesses, and other impacted community members, and Informal Resolution is available to the parties. The parties may choose to have an Advisor of Choice and a Support Person present at all relevant times.
A. Initiating the Sex-Based Discrimination & Related Misconduct Grievance Process
The grievance process commences when the University receives a Complaint (i.e., an oral or written request that can be objectively understood as a request for CUNY to investigate and make a determination about reported Sex-Based Discrimination & Related Misconduct). A request that CUNY investigate and make a determination about reported discrimination may be submitted by: (1) a complainant; (2) a person who is legally authorized to represent or act on behalf of the complainant; (3) the Title IX Coordinator through a University Complaint; (4) any student or employee; or (5) any person other than a student or employee who was participating or attempting to participate in CUNY’s education program or activity at the time of the alleged Sex-Based Discrimination & Related Misconduct.
B. Presumption of Non-Responsibility, Burden of Proof, and Standard of Proof
All reports of Sex-Based Discrimination & Related Misconduct will be addressed in a prompt, thorough, and impartial manner. The University will maintain the presumption that the respondent is not responsible for the reported Sex-Based Discrimination & Related Misconduct until a determination is made and the appeal process has been exhausted.
Throughout the grievance process, the burden is on the University, not the parties or witnesses, to gather sufficient evidence to establish whether Sex-Based Discrimination & Related Misconduct occurred. The University applies the preponderance of the evidence standard of proof (i.e., whether it is more likely than not that the Sex-Based Misconduct took place) to determine whether Sex-Based Discrimination & Related Misconduct occurred.
C. Duty to Participate
Neither a party nor a student-witness can be compelled to participate in the grievance process. CUNY reserves the right to compel an employee-witness or Third Party to participate in the grievance process. Please note that CUNY may be limited in its ability to ensure that Sex-Based Discrimination & Related Misconduct does not continue or recur within the CUNY community if a party or witness does not participate in the grievance process.
D.Request for an Extension of Time
The investigator/decisionmaker, Title IX Coordinator, or University Title IX Director will determine, on a case-by-case basis, whether a party has established good cause to be granted a reasonable extension of time to participate in any phase of the grievance process. The investigator/decisionmaker, Title IX Coordinator, or University Title IX Director will simultaneously notify the parties of the length of the extension granted and the reason for the extension.
E. Dismissal of Complaints
The following sub-section governs the process for dismissing Complaints.
1. Grounds for Dismissal
A Title IX Coordinator may dismiss a matter if any of the following conditions are met: (1) the University is unable to identify the respondent after taking reasonable steps to do so; (2) the respondent is not participating in CUNY’s education program or activity and is not employed by the University; (3) the complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint, and the Title IX Coordinator determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex-Based Discrimination & Related Misconduct under the Policy even if proven; or (4) the University determines the conduct alleged in the Complaint, even if proven, would not constitute Sex- Based Discrimination & Related Misconduct under the Policy.
Prior to dismissing the Complaint, CUNY must make reasonable efforts to clarify the allegations with the complainant. The University will make reasonable attempts to obtain the complainant’s withdrawal in writing if dismissing a Complaint based on the complainant’s voluntary withdrawal of the Complaint or any allegations.
2. Notice of Dismissal
If a Title IX Coordinator dismisses a matter, the University will provide simultaneous, written notice of the dismissal and the basis for the dismissal to the parties, except if the dismissal occurs before the respondent has been notified of the allegations, in which case only the complainant will receive written notice. The notice will state the dismissal may be appealed based on the Grounds for Dismissal above.
3. Appeal Process for the Dismissal of a Complaint
A party may appeal the Title IX Coordinator’s dismissal on the following grounds:
(a) Procedural irregularity that would change the outcome of the dismissal;
(b) New evidence that would change the outcome of the dismissal and that was not reasonably available at the time the dismissal was made; or
(c) The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the dismissal.
The notice of appeal pertaining to the dismissal of a Complaint must be submitted to the Title IX Coordinator within 5 business days of the issuance of the written Notice of Dismissal or within 5 business days of obtaining new information that supports one of the above grounds for appeal, whichever is later. If a notice of appeal is submitted to the Title IX Coordinator, the Title IX Coordinator will notify the parties of the appeal, and the Notice of Allegations will be provided to the respondent if it had not previously been provided to the respondent. The parties will be provided an equal opportunity to make a statement in support of, or challenging, the dismissal. This statement must be submitted by the parties to the Title IX Coordinator within 5 business days of being notified of their right to submit the statement. The Title IX Coordinator will submit these materials to the University Title IX Director. The University Title IX Director will issue an Appeal Decision describing the result of the appeal and the rationale for the result within 15 business days of the receipt of the materials.
Even if a Complaint is dismissed, the Title IX Coordinator will offer Supportive Measures to the complainant. The University will also offer Supportive Measures to the respondent if the respondent has been notified of the allegations. The Title IX Coordinator will also take other appropriate, prompt, and effective steps to ensure that Sex-Based Misconduct does not occur, continue, or recur within the CUNY community.
F. Conflict of Interest or Bias
If a party believes a CUNY official who is administering any portion of the grievance process has a conflict of interest or bias for or against complainants, respondents, or witnesses generally or an individual complainant, respondent, or witness, any party may make a request to have that reportedly conflicted or biased CUNY official removed from the process.
Requests for removal must include a detailed description of the conflict or bias. All requests for removal must be directed to the University Title IX Director. After receiving a request for removal, the University Title IX Director will ask the individual with the alleged conflict of interest or bias to provide a short, written response to the request for removal and consider that response before making a determination. If a conflict or bias exists, the University Title IX Director will take immediate steps to replace that CUNY official to ensure an impartial and fair grievance process is maintained.
If the respondent in a matter is a CUNY official who customarily administers a portion of the grievance process, the Dean or President will appoint another administrator to perform that person’s duties under the Policy.
If the Dean or President is the respondent, the investigation will be handled by the University Title IX Director, or their designee. In other appropriate matters in which a high- level administrator is the respondent, the investigation may be referred for investigation to the University Title IX Director, or their designee.
G. Unauthorized Recordings
The parties and witnesses are prohibited from recording any part of the investigation and grievance process and from unauthorized copying of documents or materials. Copying includes but is not limited to audio or video recording, streaming, photographing, scanning, transcribing, or any other form that conflicts with the spirit of this provision.
Allegations of non-compliance will be reviewed by the Office of Student Affairs, Human Resources, or Labor Designee, as appropriate, and may result in disciplinary action.
H. Student Withdrawal or Student Transfer Within CUNY Before the Grievance Process is Completed
A student who withdraws from CUNY will not be exempt from an investigation or adjudication that commenced prior to withdrawal. When a student-respondent withdraws from CUNY with an investigation or adjudication pending, the respondent will be barred from attending any other school or college of CUNY until the investigation and/or adjudication is complete or the allegations are otherwise resolved. If the respondent fails to appear at a subsequent hearing, the college may proceed in absentia, and any decision and sanction will be binding for all schools or colleges, pending appeal.
When a school or college is notified of a respondent’s withdrawal, the school or college must place a notation on the respondent’s transcript that the respondent “withdrew with conduct charges pending.” If the respondent is subsequently found not responsible at a hearing, the transcript notation will be removed. If the respondent is subsequently found responsible at a hearing and the sanction is either suspension or expulsion, the transcript notation will be adjusted in accordance with Section IX(K), below.
When a student-respondent transfers schools or colleges within CUNY while an investigation is pending, the school or college that instituted the investigation must complete the investigation before transferring the matter to the respondent’s new school or college for adjudication.
I. Investigations & Written Determination
The following provisions discuss the investigative and decision-making process under the Sex-Based Discrimination & Related Misconduct grievance process.
1. Trained Investigator & Decisionmaker – Dual Role
In matters falling under the Sex-Based Discrimination & Related Misconduct grievance process, the investigator will also serve as the decisionmaker. In their role as the investigator, they will investigate Complaints impartially and objectively, and they will follow all relevant procedures in the Policy. All interviews will be conducted in a live, question-and-answer format. In their role as the decisionmaker, they will evaluate relevant and not otherwise impermissible evidence for its persuasiveness, and they will not make credibility determinations based on a person’s status as a complainant, respondent, or witness.
No person designated as an investigator or decisionmaker will have a conflict of interest or bias for or against complainants, respondents, or witnesses generally, and they will not have a conflict of interest or bias for or against a specific complainant, respondent, or witness.
2. Anonymity
For a full discussion of a complainant’s right to remain anonymous after a report of Sex-Based Misconduct is received by the Title IX Coordinator but before the grievance process has commenced, please see Section VII(E) (“CUNY’s Initial Response to Reports, Request for Anonymity – Complainant”).
Neither a party nor a witness may remain anonymous once the grievance process has commenced. Please see Section IX(I)(6) to review the types of information that will be excluded or redacted during the grievance process.
3. Written Notice of Allegations
Following a live, question-and-answer intake meeting with the complainant, the investigator will draft a Notice of Allegations. The Notice of Allegations will contain the following information: (1) the name of the parties involved; (2) the date, time, and location of each reported incident to the extent known by the complainant; (3) the conduct giving rise to the report of Sex-Based Discrimination & Related Misconduct; (4) a citation to the relevant portion of the Policy containing the definition of the specific type of Sex-Based Discrimination & Related Misconduct alleged; (5) a reference to the Grievance Process, Informal Resolution, Supportive Measures, and Sanctions sections of the Policy; (6) a statement that retaliation is prohibited; (7) an acknowledgment that an updated Notice of Allegations will be shared with the parties if CUNY decides to investigate additional allegations of Sex-Based Discrimination & Related Misconduct by the respondent toward the complainant that are not contained in the Notice of Allegations or if the Complaint is consolidated; (8) a statement that the parties will be provided an equal opportunity to access the relevant and not otherwise impermissible evidence, including the notes for each interview conducted by the investigator; (9) a statement that they may have an Advisor of Choice assist them throughout the process, and that the advisor may be, but is not required to be, an attorney; (10) the University’s prohibition on improper disclosure of information and evidence; (11) a statement that the respondent is presumed not responsible for the alleged Sex-Based Discrimination & Related Misconduct until a determination is made at the conclusion of the grievance process; (12) a statement that, prior to the determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker; and (13) a statement that the University’s Code of Conduct and the Policy prohibit knowingly making false statements or knowingly submitting false information during the grievance process.
The parties will be permitted no less than 5 business days to prepare a response before an initial interview is conducted. To the extent the University has reasonable concerns for the safety of any person as a result of providing a Notice of Allegations, the University may reasonably delay providing written notice of the allegations in order to address the safety concern appropriately. Reasonable concerns will be based on individualized safety and risk analysis and not on mere speculation or stereotypes.
4. Witness Selection & Collection of Evidence
The investigator will make reasonable efforts to interview the parties and witnesses they deem necessary to obtain information needed to determine whether the reported conduct took place. CUNY will provide the parties written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.
All interviews will be conducted in a live, question-and-answer format in which the investigator will ask questions that enable the investigator to assess the credibility of the parties and witnesses and to evaluate the allegations. The parties will be provided an equal opportunity to recommend fact witnesses and present inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.
The investigator will also make reasonable efforts to obtain materials needed to determine whether the reported conduct took place. The investigator will review all evidence gathered through the investigation and objectively evaluate whether evidence is relevant and not otherwise impermissible. Each party will have an equal opportunity to access the evidence that is relevant to the allegations of Sex-Based Discrimination & Related Misconduct and not otherwise impermissible, and the parties will be provided 10 business days to respond to the evidence.
5. Unauthorized Disclosure of Information and Evidence
Unauthorized disclosure of information and evidence obtained solely through the grievance procedure is strictly prohibited and may constitute Retaliation under the Policy. CUNY will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance process. Please note that disclosure of information and evidence for purposes of litigation related to a Complaint of Sex-Based Discrimination & Related Misconduct, or an administrative proceeding such as the pending grievance process under the Policy, is not prohibited.
6. Excluded or Redacted Materials
The following materials will be excluded or redacted from the record:
(a) Evidence that is protected under a privilege as recognized by federal, state, or local law, or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
(b) A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless CUNY obtains that party’s or witness’s voluntary, written consent for use in CUNY’s grievance process;
(c) Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged Sex-Based Discrimination & Related Misconduct;
(d) Expert witnesses who are not approved by the investigator;
(e) The social security number, home address, or similar highly sensitive information pertaining to a party, witness, or other person referenced in the grievance process; and
(f) Any other materials prohibited by federal, state, or local law.
7. Expert Witnesses
A party or witness who wishes to submit expert testimony or materials must state the scientific, technical, or other specialized knowledge the expert possesses, how the expert testimony or materials will assist the decisionmaker, why the material is reliable, and why the information is relevant but not otherwise impermissible. The investigator will determine whether to admit the expert testimony or materials. Unapproved expert testimony or materials will be excluded or redacted from the record.
8. Review and Comment – Relevant Evidence
Prior to drafting the Written Determination, the investigator will provide the parties all relevant and not otherwise impermissible evidence gathered during the investigation (e.g., interview notes from the investigative interviews, materials submitted by the parties, and materials submitted by witnesses). The parties will have the opportunity to review and comment on this evidence. The parties may address the following in their comments:
(a) The need to exclude or redact information;
(b) Factual errors they observe in the evidence;
(c) Information in the evidence that requires additional context;
(d) A request for an additional meeting with the investigator and a detailed description of the rationale for that request; and
(e) A request that the investigator conduct further investigation into a specific issue and a detailed description of the rationale for that request.
The parties may also provide supplemental evidence with their comments. The parties’ comments and supplemental evidence are due within 10 business days of the investigator sharing the relevant and not otherwise impermissible evidence. Once the comments and supplemental evidence are received by the investigator or the deadline for the submission of these materials has passed, the investigator will provide the comments and supplemental evidence, if any, to the parties.
When the investigator concludes that no additional investigation is warranted, the investigator will issue a Notice of Investigation Closure to the parties. The parties’ comments and supplemental evidence will be considered by the investigator prior to drafting the Written Determination.
9. Written Determination
After the Notice of Investigation Closure has been issued to the parties, the decisionmaker, who had been serving in the role of the investigator, will evaluate relevant and not otherwise impermissible evidence for its persuasiveness, and they will not make credibility determinations based on a person’s status as a complainant, respondent, or witness. If the decisionmaker cannot establish by a preponderance of the evidence that Sex-Based Discrimination & Related Misconduct occurred, the decisionmaker must not determine that Sex-Based Discrimination & Related Misconduct occurred.
Once a determination is reached, the decisionmaker will simultaneously notify the parties in writing of the determination. The Written Determination will include:
(a) A description of the alleged Sex-Based Discrimination & Related Misconduct;
(b) Information about the policies and procedures that CUNY used to evaluate the allegations;
(c) The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether Sex-Based Discrimination & Related Misconduct occurred;
(d) The rationale for the Written Determination;
(e) When the decisionmaker finds that Sex-Based Discrimination & Related Misconduct occurred, any disciplinary sanctions CUNY will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by the University to the complainant, and, to the extent appropriate, other students identified by CUNY to be experiencing the effects of the Sex-Based Discrimination & Related Misconduct; and
(f) CUNY’s procedures for the complainant and respondent to appeal.
The Title IX Coordinator will simultaneously distribute the Written Determination to the parties within 15 business days of the issuance of the Notice of Investigation Closure. The determination of responsibility will be sent by email using the parties’ CUNY email address or any other email address known to the school, college, or unit. In matters involving two or more complainants or respondents, the Title IX Coordinator has 20 business days from the conclusion of the hearing to distribute the decision to the parties.
The Written Determination becomes final either on the date on which the Decision on Appeal is issued, or, if no party appeals, the date on which an appeal would no longer be considered timely.
If there is a determination that Sex-Based Discrimination & Related Misconduct occurred, the Title IX Coordinator will coordinate the provision and implementation of remedies to a complainant and other persons CUNY identifies as having had their equal access to University education programs or activities limited or denied by Sex-Based Discrimination & Related Misconduct. The Title IX Coordinator will also coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions, and require the Title IX Coordinator to take other appropriate prompt and effective steps to ensure that Sex-Based Discrimination & Related Misconduct does not continue or recur within the University community.
10. Sanctions
Sanctions refer to the consequences imposed on a respondent following a determination they are responsible for violating the Policy. When determining which sanction to impose, CUNY will elect to impose sanctions that are: (1) fair and appropriate given the facts of the specific matter; (2) adequate to promote the safety of the CUNY community; and (3) reflective of the seriousness of the Sex-Based Misconduct.
Relevant factors that will be considered when imposing a sanction include: (1) the specific Sex-Based Misconduct at issue; (2) the circumstances accompanying the lack of consent (such as force, threat, coercion, incapacitation); (3) the sanctions imposed on the respondent in other matters involving similar conduct; (4) the impact of the offense on the parties and the broader CUNY community, including the safety of the CUNY community; and (5) the respondent’s prior disciplinary history.
The following sanctions may be imposed on a student-respondent:
(j) Warning: Notice to the respondent, in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may result in more severe disciplinary action.
(k) Probation: A trial period during which the student may be excluded from participation in privileges or extracurricular University activities, as set forth in the notice of probation. Probation is for a designated period of time, and it includes notice of the probability of more severe disciplinary sanctions if the student is found to violate the Policy during the probationary period.
(l) Residence Hall Dismissal: Permanent separation of the student from the residence hall and termination of the student’s housing or license agreement, as applicable.
(m) Suspension: Exclusion from classes and other University privileges and activities as set forth in the notice of suspension for a definite period of time not to exceed three years.
(n) Dismissal: Permanent termination of student status, except that a dismissed student will be permitted to apply for readmission after a period of no less than three years in matters where the decision has expressly permitted such reapplication and set forth reasonable conditions for readmission.
(o) Expulsion: Permanent termination of student status.
(p) Withholding of Degree: A student’s academic degree that has been earned but not yet awarded, may be withheld until the completion of the disciplinary process as set forth in the Policy, including the completion of all disciplinary sanctions imposed.
(q) Revocation of Degree: Revoking degree awarded from the University/School/College for violations of the Policy committed by a student prior to graduation but discovered after the student is awarded a degree; and
(r) Revocation of Admission: Revoking an offer of admission prior to a student enrolling at CUNY.
In addition to the sanction imposed (except for expulsion, withholding of degree, revocation of degree, and revocation of admission), CUNY will require any student determined to be responsible for a violation of the Policy to receive appropriate education and/or training related to the Sex-Based Misconduct at issue. Students who are suspended, dismissed, or expelled as a result of the disciplinary process are not entitled to a refund of their tuition and/or fees.
When an investigation and Written Determination results in a sanction of expulsion or suspension for one term or more, the respondent must be barred from admission to, or attendance at, any other unit of CUNY while the sanction is being served. Students may also be subject to CUNY’s policy on transcript notations which is discussed in Section IX(K).
For employees who are subject to a disciplinary process contained in a collective bargaining agreement with CUNY or an employee with disciplinary rights under the New York State Civil Service Law, a determination that the respondent is responsible will be referred for discipline under the applicable collective bargaining agreement or Civil Service Law. For all other employees, sanctions range from a reprimand to suspension to termination of employment.
11. Remedies for Complainants
In the event the respondent is found responsible for violating the Policy, the Title IX Coordinator will implement remedies for the complainant, designed to restore or preserve equal access to CUNY’s education program or activity. Such remedies may include a continuation of the same Supportive Measures and accommodations described in Section VII(D) but need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.
12. Consolidation
The University may consolidate Complaints of Sex-Based Misconduct against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of Sex-Based Misconduct arise out of the same facts or circumstances. If one of the Complaints to be consolidated is a Complaint of Sex-Based Harassment, the grievance process for investigating and resolving the consolidated Complaint must comply with the procedures for a matter alleging Sex- Based Harassment.
13. Timeframe
The Investigations & Written Determination phase will be completed within 120 business days. If there is a delay in completing the Investigations & Written Determination phase, the Title IX Coordinator must notify the parties in writing, indicate the reason for the delay, and provide a timeframe for completing the investigation. The reason for an extension of the timeframe of an investigation may include, but is not limited to: compliance with a request by law enforcement; a limited accommodation for the availability of parties, their advisors, or witnesses; students or employees on leave; exam periods, school breaks, or vacations; and accounting for the complexities of a specific investigation, including the number of witnesses and volume of information provided by the parties.
J. Appeals
The following provisions govern the appeal of Written Determinations issued pursuant to the Sex-Based Discrimination & Related Misconduct grievance process.
1. Grounds for Appeal
A party may appeal the decisionmaker’s Written Determination and/or the sanction imposed on the following grounds:
(a) Procedural irregularity that would change the outcome of the matter;
(b) New evidence that would change the outcome of the matter and that was not reasonably available at the time the Written Determination was made;
(c) The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or
(d) The disproportionate nature of the sanction.
2. CUNY-wide Sexual Misconduct Panel – Appeal Arbiter
For each Sex-Based Discrimination & Related Misconduct matter that goes to appeal after a Written Determination, one randomly selected member of the Panel will decide the appeal. This member of the Panel is referred to as the “Appeal Arbiter.” In all such matters, the Appeal Arbiter will be a faculty member or a HEO.
3. Written Appeal and Written Response to the Written Appeal
Parties intending to appeal under this section must send a Written Appeal to the University Title IX Director within 10 business days of the delivery of the Written Determination or within 10 business days of obtaining new information that supports one of the above grounds for appeal, whichever is later. The Written Appeal must contain the relevant ground(s) for appeal and a detailed description of the rationale for the appeal. The University Title IX Director will notify the non-appealing party of the Written Appeal in writing. The non-appealing party will have the opportunity to submit a Written Response to the Written Appeal, due within 10 business days of the delivery of the appealing party’s Written Appeal.
The University Title IX Director will assign an Appeal Arbiter to the matter. The Appeal Arbiter will review the investigative materials and the written submissions of the parties.
4. Potential Outcomes of the Appeal
The Appeal Arbiter may, in whole or in part, modify the sanction, remand the matter for a new investigation, remand the matter for the issuance of a Written Determination containing new or additional analysis, or affirm the Written Determination. The Appeal Decision will be provided simultaneously to the parties.
5. Timeframe
Within 15 business days of receipt of the non-appealing party’s Written Response to the Written Appeal or the non-appealing party’s failure to provide the submission, the Appeal Arbiter will issue an Appeal Decision indicating the final outcome and rationale for that decision.
K. Transcript Notations & Withholding of Degrees
When a student-respondent is found responsible and the sanction is either suspension or expulsion, the school or college must place a notation on the respondent’s transcript stating that respondent “was suspended [or expelled] after a finding of responsibility for a code of conduct violation.”
In all other matters, the school or college must place a notation of the findings and sanction on a respondent’s transcript unless a resolution agreement, the decision-makers determination, or the decision on appeal expressly indicate otherwise.
In matters where a student-respondent was expelled as a result of a Clery Act crime of violence, including but not limited to sexual assault, the notation will not be removed. For all other matters, after four years from the date of the conclusion of the disciplinary proceeding, or one year after the conclusion of any suspension, whichever is later, the respondent has the right to request that a transcript notation from a finding of responsibility be removed. If a finding of responsibility is vacated for any reason, the notation must be removed.
X. EXTERNAL RESOURCES
The list of external resources below is not intended to be an exhaustive list. The inclusion of an organization, entity, and/or individual in the list below is not a guarantee that the resource will have the capability, availability, and/or bandwidth to assist individuals who may need their services.
Day One:
• 1-800-214-4150 (Call); 1-646-535-3291 (Text) provides free direct services, including counseling, legal support, and case management to individuals 24 years of age, and under.
EndTab:
• Contact available through ENDTab website
• Creates, and provides, practical tools related to digital safety. Mount Sinai Sexual Assault and Violence Intervention Program (SAVI):
• 212-423-2140
National Domestic Violence 24 Hour Hotline
• 1-800-799-7233
• 1-800-787-3224 (TTY)
• National Deaf Hotline Videophone: deafhelp@thehotline.org, 1-855-812-1001 New York City Family Justice Centers
• Bronx: 198 East 161st Street, 2nd Floor, (718) 508-1220
• Kings (Brooklyn): 350 Jay Street, 15th Floor, (718) 250-5113
• New York (Manhattan): 80 Centre Street, 5th floor, (212) 602-2800
• Queens: 126-02 82nd Avenue, (718) 575-4545
• Richmond (Staten Island): 126 Stuyvesant Place, (718)-697-4300
Through any NYC FJC, survivors of domestic and gender-based violence and their children can get connected to organizations that provide case management, economic empowerment, counseling, civil legal, and criminal legal assistance. Located in all five boroughs, FJCs are safe, caring environments that provide one-stop services and support. Key City agencies, community, social and civil legal services providers, and District Attorney’s Offices are located on-site at FJCs, to make it easier for survivors to get help.
New York City Sexual Alliance Against Sexual Assault:
• contact-us@svfreenyc.org
The New York City Alliance Against Sexual Assault (The Alliance) works to prevent sexual violence and reduce the harm it causes through education, prevention programming, advocacy for survivors, and the pursuit of legal and policy changes.
New York State Coalition Against Domestic Violence:
• nyscadv@nyscadv.org; (518) 482-5465
• The New York State Coalition Against Domestic Violence (NYSCADV) provides training, support, technical assistance and advocacy to local direct service domestic violence programs across New York State. A directory of available New York State Domestic Violence programs, by county, is available on the NYSCADV website.
Office for the Prevention of Domestic Violence
• 1-800-942-6906, or 7-1-1 for Deaf or Hard of Hearing; Text: 844-997-2121 https://www.resourceconnect.com/nysdvsachat/chat
• 24/7 confidential support for survivors of gender-based violence Safe Horizon
• 24 Hour Helpline: 212-227-3000
• The nation’s leading victim assistance organization, operating a network of programs across New York City communities and systems. We work with survivors of all forms of violence, including racism, to move from crisis to confidence.
Sanctuary for Families:
• Info@sffny.org; (212) 349-6009
• New York’s leading service provider and advocate for survivors of domestic violence, sex trafficking and related forms of gender violence.
Violence Intervention Program
• 1-800-664-5880
• A New York City gender-based violence organization led by and for Latinx survivors. Womankind
• Helpline: 1-888-888-7702
• Womankind brings critical resources and deep cultural competency to help survivors of all ages find refuge, recovery, and renewal from domestic violence, human trafficking, and sexual violence.
XI. STUDENT BILL OF RIGHTS
All students have the right to:
Make a report to local law enforcement and/or state police;
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 their 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 their 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 institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident;
Be protected from retaliation by their institution, any student, the respondent and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of their institution;
Have 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 their institution.
For more information about preventing and addressing Sexual Violence at CUNY see http://www1.cuny.edu/sites/title-ix/campus-websites.
XII. PLAIN LANGUAGE EXPLANATION OF DISTINCTIONS BETWEEN THE NEW YORK PENAL LAW AND CUNY’S POLICY ON SEX-BASED MISCONDUCT
Students, employees, and other community members should be aware that CUNY procedures and standards differ from those of the criminal justice system. Below is a brief description of the differences between the criminal justice system and CUNY’s Policy on Sex-Based Misconduct.
Criminal Justice System | CUNY Policy on Sex-Based Misconduct | |
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 Articles 129-A and 129-B. Applicable federal, state, and local law addressing sex discrimination. |
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. | Complainants may disclose sexual violence to various college employees who are designated Confidential Employees or to others who will try to ensure privacy to the extent consistent with the obligation to provide a safe educational environment. Disclosures made to a Confidential Employees will not be shared with the Title IX Coordinator. 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 CUNY. |
Procedures | See Governing Law. Procedures established by police departments, prosecutors’ offices, etc. | The Bylaws, collective bargaining agreements, or other polices may impact the Policy. |
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” (i.e., the “more likely than not” standard). |
Confidentiality | Law enforcement agencies offer some confidential assistance, but a criminal charge and trial must be public. | CUNY offers Confidential Employees, but a disciplinary proceeding requires 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. | The complainant and the 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. | The parties cannot be required to participate. However, a college will be limited in its ability to respond if a party does not participate. |
Who initiates the proceedings? | A prosecutor, acting on behalf of the state (or the United States in federal cases). | The complainant or CUNY may initiate the proceedings. |
Testimony | In a court, testimony is generally public. Other parties are, through counsel, entitled to cross-examine witnesses. | Please see the relevant portions of the “Sex-Based Harassment: Grievance Process” and “Sex-Based Discrimination & Related Misconduct: Grievance Process” portions of the Policy. |
Role of attorneys | Both the state and the defendant are represented by counsel; counsel may question witnesses. | Attorneys may serve as Advisors of Choice or Support Persons. |
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. | Please see the relevant “Excluded or Redacted Materials” portions of the Policy. |
Possible Results | If a prosecution takes place, the defendant may
| Informal Resolution; A finding of “responsible” or “not responsible” for Sex-Based Misconduct under the applicable grievance process; An acknowledgement of responsibility by the Respondent; A dismissal of the matter. |
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. |
XIII. RECORDKEEPING
All records related to a school, college, or unit’s response to allegations of Sex-Based Misconduct must be maintained by that school, college, or unit for 7 years from the last action on a matter, unless such records must be maintained for a longer period of time pursuant to CUNY’s Records Retention and Disposition Schedule. These records include: records of any actions, including any Supportive Measures provided in response to allegations of Sex-Based Misconduct; investigation records, materials, and documents; determinations regarding responsibility and disciplinary sanctions; remedies provided to a complainant designed to restore or preserve equal access to CUNY’s education program or activity; any appeals and the result; any informal resolution and the result; and any recordings or transcripts of hearings.
CUNY’s Records Retention and Disposition Schedule requires that student disciplinary records be maintained permanently.
XIV. GLOSSARY
Admission: Selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by CUNY
Afirmative Consent: 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.
For the purposes of this definition:
(a) 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.
(b) In order to give consent, one must be of legal age (17 years or older in New York).
(c) Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
(d) 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 lack of consciousness or being asleep, being involuntarily restrained, or if the 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.
(e) Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
(f) Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop.
Applicant: A person who submits an application, request, or plan required to be approved by CUNY.
Complainant: A student, employee, Visitor, Third Party, or other person who is reported to have been subjected to conduct that could constitute Sex-Based Misconduct under the Policy. Under the Policy, the reported conduct may have been brought to the school, college, or unit’s attention by someone other than the complainant.
Complaint: An oral or written request to CUNY that objectively can be understood as a request for CUNY to investigate and make a determination about alleged discrimination under Title IX or the Policy.
Confidential Employee: An employee whose communications are privileged or confidential under Federal or State law. The employee’s confidential status, for purposes of the Policy, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; An employee of CUNY whom CUNY has designated as confidential under the Policy for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about sex discrimination in connection with providing those services; or an employee of a postsecondary institution who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination—but the employee’s confidential status is only with respect to information received while conducting the study.
Confidentiality: 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 required to report known incidents of Sex-Based Misconduct to school, college, or unit officials.
Licensed mental health counselors, medical providers and pastoral counselors may offer confidentiality.
Consent: This term is synonymous with “affirmative consent.”
Day: Whenever the Policy refers to a “day,” it means a CUNY business day.
Informal Resolution: A voluntary alternative to the grievance process which culminates in a signed informal resolution agreement that is available before a determination of responsibility has been rendered by a decisionmaker.
Informal Resolution Agreement: A binding written document, that both parties must sign, which contains the mutually agreed upon terms and provisions of the informal resolution.
Informal Resolution Facilitator: A trained individual assigned to matters being addressed via the Informal Resolution process.
Mandatory Reporter: Any employee who has authority to institute corrective measures on behalf of CUNY or who has responsibility for administrative leadership, teaching, or advising within CUNY, and who has a duty to notify the Title IX Coordinator for their school, college, or unit when they reasonably suspect or observe conduct that may reasonably constitute Sex-Based Misconduct under the Policy.
Party: The complainant(s) or respondent(s) in a matter.
Pregnancy: Pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions as disclosed without any requirements for documentation.
Preponderance of the Evidence Standard: The standard of evidence used during the investigation and adjudication of Sex-Based Misconduct under the Policy. To satisfy the preponderance of the evidence standard, the decision-maker must determine that it is more likely than not that Sex-Based Misconduct occurred.
Privacy: The commitment by a CUNY official administering the Policy to only disclose information pertaining to a report of Sex-Based Misconduct to the extent necessary to carry out their duties or responsibilities under the Policy.
Respondent: A person who is reported to have engaged in Sex-Based Misconduct as defined in the Policy.
Sanctions: Consequences imposed on a respondent following a determination under Title IX that the respondent violated CUNY’s prohibition on sex discrimination.
Sexual Act/Sexual Activity: Any form of vaginal, anal, or oral penetration or attempted penetration, however slight, by a penis, object, tongue or finger. Any sexual contact, including sexual touching, also constitutes a sexual act/sexual activity. Sexual touching includes contact under or over clothing with another person’s anus, breasts, buttocks, genitals, groin or inner thigh; touching another person anywhere with any of these body parts; making another person touch any of these body parts under or over clothing; or the emission of ejaculate on the clothing or body of another person.
Sex-Based Misconduct: Conduct that qualifies as Sex-Based Harassment or Sex-Based Discrimination under the Policy. See Section IV for the definitions of Sex-Based Harassment and Sex-Based Discrimination & Related Misconduct.
Student: A person attempting to participate in a CUNY education program or activity as a student. This includes applicants for admissions and those that have gained admission to CUNY, part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at a CUNY education program or activity.
Student with a Disability: A student who is an individual with a disability as defined in the Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(9)(B), (20)(B), or a child with a disability as defined in the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3).
Support Person: An individual responsible for addressing the mental, emotional, and physical health needs of a party.
Supportive Measures: Individualized measures offered as appropriate, or as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to: (1) restore or preserve that party’s access to CUNY’s education program or activity, including measures that are designed to protect the safety of the parties or CUNY’s educational environment; or (2) provide support during CUNY’s grievance process or during the informal resolution process .
Third Party: An agent or other person authorized by CUNY to provide an aid, benefit, or service under CUNY’s education program or activity.
Unauthorized Copying: Audio or video recording of any part, step, meeting, or communication related to the investigation or grievance process, and/or streaming, photographing, scanning, transcribing, or any other action that results in the replication or duplication of documents and/or materials provided in connection with an investigation and/or grievance process.
Unauthorized Disclosure of Information and Evidence: A party’s sharing, disclosing, posting, or transmitting of information, documents, communications, materials, or evidence, relayed, conveyed, or provided to the party, by the college or school, as part of the investigation or grievance process, to an individual (other than the party’s advisor of choice) entity, organization, website, social media platform, or other medium, for a non- permissible purpose.
Visitor: A person, other than a student or employee, who is alleged to have been subjected to conduct that could constitute sex discrimination under the Policy and who was participating or attempting to participate in CUNY’s education program or activity at the time of the alleged sex discrimination.
APPENDIX K
The City University of New York Behavior-Related Medical Withdrawal and Re-enrollment Policy and Procedures
I. Introduction
The City University of New York (“CUNY”) is committed to the academic success and personal growth of its students. As part of that commitment, CUNY and its constituent campuses are responsible for providing a safe learning and working environment for students, faculty, staff and other members of the University community. As the result of a medical condition, some students may engage in behavior that presents a direct threat of harm to the health or safety of others or substantially disrupts the learning or working environment of others. In such situations, the safety and security of the campus community, including the individual student, is paramount, and colleges should take reasonable and appropriate security and health and safety measures, such as calling 911 or taking other immediate action in case of imminent threat to a person’s life or wellbeing. In addition, colleges may address the student’s conduct to determine if action under this policy or under the student disciplinary policy is appropriate.
II. Policy
This Policy shall apply to any person(s) registered or enrolled in any CUNY course or program offered for academic credit and in any pre-matriculation programs, including but not limited to CUNY Start and CLIP. Students taking online courses provided by or presented at CUNY shall be deemed enrolled for the purposes of this Policy. This Policy does not apply to Hunter College Campus Schools (K-12) or CUNY College Now programs.
A college of CUNY may pursue withdrawal of a student from CUNY and/or a college residence hall or require conditions for continued enrollment and/or residence when, as the result of a medical condition, the student’s behavior presents a direct threat to others and/or substantially disrupts the learning or working environment of others. A direct threat means a significant risk of harm to health or safety. Substantial disruption ordinarily means a pattern of disruption, except in the event of a single incident of extreme and severe disruption.
In such situations, the college may invoke this policy as an alternative to disciplinary action under Article XV of CUNY’s Bylaws.
If the student engages in self-harm and that behavior substantially disrupts the working or learning environment of others, the college may invoke only this policy, not disciplinary action under Article XV.
Except in cases requiring an emergency interim removal, colleges first must pursue voluntary withdrawal or, in appropriate cases, continued enrollment of the student subject to specified conditions, rather than involuntary withdrawal under this policy. The voluntary withdrawal or continued enrollment with conditions should be memorialized in a written agreement with the student.
A student who withdraws voluntarily or is involuntarily withdrawn from the University and/ or a college residence hall pursuant to this policy may apply for reenrollment to the University and/ or to a college residence hall. An individualized determination by the Campus Student Affairs Officer (“CSAO”) or designee must be made in each case, based on relevant medical evidence, as to whether there is a significant risk that the behavior that required withdrawal will be repeated; if not, the student’s application for re-enrollment must be approved, provided the student is academically eligible.
Colleges must apply this policy in a nondiscriminatory manner consistent with federal, state and local laws and CUNY policy prohibiting discrimination based on disability. They must make determinations based on a student’s behavior and not on knowledge of a student’s disability or physical or mental condition, except to determine the policy’s applicability.
III. Procedures
A. Emergency Interim Removal
If a student’s behavior presents an immediate, severe and direct threat to others (by evidencing a likelihood of harm to others), and/or is substantially disrupting the learning or working environment of others, and the CSAO or designee reasonably believes that the student’s behavior is related to a medical issue, the CSAO or designee may direct an emergency interim removal of the student that restricts the student’s access to the college’s campus and/or residence hall, as appropriate. The CSAO or designee shall make reasonable efforts to meet with the student and must consult with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness, prior to making any such direction.
The emergency interim removal from the college and/or residence hall will remain in effect until a final decision has been made pursuant to the procedures below, unless, before a final decision is made, the CSAO or designee determines that the reasons for imposing the interim removal no longer exist.
B. Withdrawal after Emergency Interim Removal
Voluntary Withdrawal or Conditional Enrollment
a. Following a student’s emergency interim removal from the college and/or residence hall, the CSAO or designee must exercise best efforts to meet with the student to discuss the student’s behavior and to hear the student’s explanation of the behavior. If the CSAO or designee determines that voluntary withdrawal or continued enrollment with conditions is appropriate, that official must request that the student agree to such withdrawal or conditional enrollment within seven (7) calendar days of the effective date of the emergency interim removal.b. If the student agrees to the request for voluntary withdrawal or to the specified conditions, as applicable, the CSAO or designee should (i) discuss with the student the procedures for and consequences of voluntary withdrawal or the specified conditions, as applicable; (ii) discuss the circumstances with the student’s parents or legal guardians as permissible by law and as appropriate; (iii) consult with the student’s academic advisor, as appropriate; (iv) consult with the residence hall director, if applicable; (v) refer the student to appropriate resources for treatment; and (vi) advise the student concerning the process for applying for re-enrollment, as well as on conditions for re-enrollment, if applicable.
Assessment and Involuntary Withdrawal
a. Should the request for voluntary withdrawal or conditional enrollment be refused, the college must determine whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings or disciplinary proceedings under Article XV of CUNY’s Bylaws. Prior to initiating involuntary withdrawal proceedings, the college must follow the assessment procedures outlined below in III B. 2. (b)-(c). Those procedures must be completed within ten (10) calendar days of the student’s refusal.
b. Prior to initiating involuntary withdrawal proceedings, the CSAO or designee should mandate that the student be evaluated, at CUNY’s expense, by a qualified, licensed mental health or other licensed medical professional, as applicable and as approved by CUNY. Whenever possible, the professional should be on retainer to a college of CUNY or CUNY. If a retained professional is not available, the professional may be an employee of a college of CUNY or CUNY, but that professional may not be employed by the student’s college or have had any prior contact with the student. The professional should evaluate whether the student’s behavior presents a direct threat of harm to others or presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others and, if so, whether the student’s behavior may be the result of a medical condition. The professional should submit the evaluation to the CSAO, who, based on that report, and after consultation with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness, will determine the appropriate next steps.
c. If the student refuses to undergo the assessment, or fails to keep the scheduled appointment, the CSAO or designee must determine the appropriate next steps based on the available evidence after consultation with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness.
C. Withdrawal without Emergency Interim Removal
Voluntary Withdrawal or Conditional Enrollment
a. If a student’s behavior evidences a direct threat of harm to others and/ or substantially disrupts the learning or working environment of others and presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others and the CSAO reasonably believes that the student’s behavior is related to a medical issue, the CSAO or designee may request that the student voluntarily withdraw or agree to enrollment under specified conditions.
b. If the student agrees to the request for voluntary withdrawal or to the specified conditions, the CSAO or designee should (I) discuss with the student the procedures for and consequences of voluntary withdrawal or the specified conditions, as applicable; (ii) discuss the circumstances with the student’s parents or legal guardians as permissible by law and as appropriate; (iii) consult with the student’s academic advisor, as appropriate; (iv) consult with the residence hall director, if applicable; (v) refer the student to appropriate resources for treatment; and (vi) advise the student concerning the process for applying for re-enrollment, as well as on conditions for re-enrollment, if applicable and appropriate.
2. Assessment and Involuntary Withdrawal
a. If the student does not agree to the request for voluntary withdrawal or to the specified conditions, the college must determine whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings or disciplinary proceedings under Article XV of CUNY’s Bylaws.
b. Before initiating involuntary withdrawal proceedings under this procedure, the college should follow the assessment procedures outlined above in III B.2 (b)-(c).
D. Involuntary Withdrawal Procedures
A college may initiate an involuntary withdrawal hearing to present evidence of the student’s threatening and/or substantially disruptive behavior and the connection between that behavior and a medical condition. The college may seek remedies of withdrawal or retention with conditions from CUNY and/or the college residence hall.
CUNY’s Vice Chancellor for Student Affairs and Enrollment Management or designee and the college will collaborate to schedule a hearing. Notice of the involuntary withdrawal hearing and the time and place of the hearing must be personally delivered or sent by the CSAO or designee of the student’s home college to the student at the address appearing on the records of the college, by overnight mail, and, for students who have a college e-mail address, to that e-mail address. The hearing will be scheduled for a reasonable time after the college’s receipt of the results of the assessment or the student’s refusal to be assessed, as applicable. The hearing will not be scheduled earlier than seven (7) calendar days from the date notice of the hearing is sent to the student, unless the student consents to an earlier hearing.
The notice must contain (i) a statement of the reasons involuntary withdrawal is sought (ii) the type of withdrawal sought (from the University and/or from the college residence hall); and (iii) a statement that the student has a right to present the witnesses and evidence, to crossexamine witnesses presenting evidence against the student, to remain silent without assumption of responsibility, and to be represented by legal counsel or an advisor at the student’s expense.
CUNY will constitute a Health Review Panel, comprised of qualified, licensed mental health professionals employed by a college of CUNY or by CUNY, or on retainer to a college of CUNY or CUNY. Committee members may not be employed by the College where the student has been enrolled, nor may they have had any prior contact with the student. CUNY’s Vice Chancellor for Student Affairs and Enrollment Management or designee will appoint the members of the Health Review Panel. Members of the Health Review Panel, in committees constituted separately for each hearing (“Health Review Committee”), will be responsible for adjudicating all involuntary withdrawal hearings held according to these procedures. For each involuntary withdrawal hearing, the Vice Chancellor for Student Affairs and Enrollment Management or designee will constitute a three-person Health Review Committee from the Health Review Panel to adjudicate at that hearing. The Health Review Committee shall make decisions by majority vote.
A student is permitted one (1) adjournment as of right. Additional requests for an adjournment must be made at least five (5) calendar days prior to the hearing date, and shall be granted or denied at the discretion of the Health Review Committee. If the student fails to respond to the notice, appear on the adjourned date, or request an extension, the College may proceed in absentia, and any decision shall be binding.
The hearing will be closed, unless the student requests an open hearing. However, the Health Review Committee may overrule a request for an open hearing if it determines that an open hearing would be inappropriate or disruptive in light of the nature of the evidence to be presented.
The CSAO or designee will appoint/identify a presenter to present evidence on behalf of the college. After the evidence is presented by the parties at the hearing, the Health Review Committee will determine whether the college has proved, by a preponderance of the evidence, (I) that the student’s behavior occurred; (ii) that the behavior presents a direct threat of harm to others, and/or has substantially disrupted the learning or working environment of others and presents a significant risk of threatening further substantial disruption of the learning or working environment of others, and (iii) if the behavior was the result of a medical condition. The Health Review Committee will further determine the appropriate remedy in cases in which the college prevails. The Health Review Committee may also set reasonable and appropriate conditions on re-enrollment. The Health Review Committee must send its written decision to the student via overnight mail and, if applicable, the student’s college email address, within seven (7) calendar days from the close of the hearing. A decision of involuntary withdrawal of the student from CUNY and/or the college residence hall will be effective on the date that the decision was sent to the student.
If the Health Review Committee determines that the standard for involuntary withdrawal has not been met, the CSAO or designee shall assist a student previously placed on emergency interim removal to resume academic studies and habitation in a residence hall, if applicable.
Appeals
An appeal from the decision of the Health Review Committee may be made to the President of the student’s home college within fifteen (15) calendar days after the decision was sent to the student. The President or designee must make a determination on the appeal within fifteen (15) calendar days from receipt of the appeal. The designee must not have had prior involvement with the student’s case. The President’s (or designee’s) decision may be appealed to the Chancellor of the University within fifteen (15) calendar days after the delivery of the President’s decision on appeal. The Chancellor (or designee) must make a decision within fifteen (15) calendar days from receipt of the appeal. The Chancellor’s (or designee’s) decision will be final. The bases for overturning a decision of the Health Review Committee at both levels of review are limited to the following: (i) clearly erroneous factual findings; (ii) significant procedural error; (iii) newly available evidence that would have changed the outcome; (iv) the remedy and/or conditions on re-enrollment were unreasonable or inappropriate.
Re-enrollment
A student who voluntarily withdraws or is involuntarily withdrawn from CUNY and/or a college residence hall under this policy must be considered for re-enrollment.
A student wishing to be considered for enrollment should contact the student’s home college’s CSAO in accordance with the college’s re-enrollment deadline, and provide appropriate documentation of behavioral change and resolution of the initial behavioral problem, including compliance with any conditions that may have been set for re-enrollment.
A student may apply for re-enrollment to the University and/or a college residence hall no more than one time per term. A student may not apply for re-enrollment for the same semester they have voluntarily withdrawn or been involuntarily withdrawn.
In assessing an application for re-enrollment, the CSAO or designee must make an individualized determination in each case. The CSAO or designee should (i) receive, investigate, and examine appropriate relevant documentation, including assessments made by college-referred licensed mental health or other licensed medical professionals, as applicable, and, if applicable, licensed treating mental health or other licensed treating medical professionals; (ii) in cases in which the CSAO or designee determines that an additional mental health or other medical assessment is necessary, refer the student for assessment to a qualified, licensed mental health or other licensed medical professional, as applicable, at CUNY’s expense and as approved by CUNY; (iii) provide an opportunity for the student to meet with the CSAO or designee to discuss re-enrollment.
If based on the evidence presented, there is not a significant risk that the behavior that required withdrawal will be repeated, and provided the student is academically eligible, the CSAO or designee must approve the student’s application for re-enrollment. In such cases, the CSAO or designee must initiate the re-enrollment process, provide the student with written conditions for continued attendance, and inform any relevant administrators of the student’s re-enrollment.
If the CSAO or designee determines that the application for re-enrollment should be denied, that official must provide the student with a written explanation of the reasons for the denial and specify when the next request for enrollment will be considered.
A student may appeal the CSAO or designee’s denial of re-enrollment to the college President within thirty calendar days after the delivery of the decision denying re-enrollment. The President (or designee) must make a determination on the appeal within thirty calendar days from receipt of the appeal. The President’s decision may be appealed to the Chancellor of the University within thirty calendar days after the delivery of the President’s decision on appeal. The Chancellor’s (or designee’s) decision must be made within thirty calendar days from receipt of the appeal. The Chancellor (or designee’s) decision will be final. The basis for overturning a decision on appeal at either level will be limited to a determination that the decision on re-enrollment was clearly erroneous.
Effect on Academic Status
In the event of a withdrawal pursuant to this policy, a notation of withdrawal ordinarily should appear on the student’s transcript for all classes taken during that semester. The CSAO at a student’s home college may grant a student request that, in lieu of withdrawal, a notation of incomplete appear on the student’s transcript for classes taken during that semester if and only if there is a reasonable prospect that the student will eventually complete such classes, subject to faculty approval for each such class. Regardless of the notation that appears on a student’s transcript, the CSAO of the student’s home college must inform the Vice Chancellor for Student Affairs and Enrollment Management of the student’s withdrawal in order to effectuate a hold by the University Application Processing Center on the student’s ability to transfer or otherwise seek admission to another college of CUNY and to establish a Universal Service Indicator on CUNYfirst to prevent enrollment at another CUNY campus until such time as the student’s re-enrollment is approved.
Effect on Housing Status
If the student has been living in a college residence hall and is removed from the residence hall, the student’s contract will be canceled and fees refunded on a prorated basis.
Refund of Tuition
In its discretion, a college may refund a student’s tuition and fees for the semester if the student voluntarily withdraws from the college.
Confidentiality
The results of examinations by mental health or other medical professionals to whom students are referred for assessment at any stage in the withdrawal or re-enrollment process are confidential. They may only be shared with the officials referenced above in B 2.b or if necessary to prevent an imminent, severe, and direct threat of harm to the student and/or others. The results of those examinations will be admissible in involuntary withdrawal hearings but will not be admissible in disciplinary hearings, unless the student raises health issues, including mental health, in a disciplinary hearing.
