• All student complaints of sexual harassment are promptly investigated by the Title IX Coordinator, with assistance from Public Safety and Student Affairs where appropriate.
• The Public Safety Director is notified of all complaints of sexual harassment.
• All students are encouraged, though not required, to report all incidents of sexual violence to the NYPD. Public Safety will help you make the report.
• Where appropriate, the College will implement security measures, to keep you and the campus community safe.
• Assistance is often provided pending the investigation. For example, the College may offer:
  • Security escort
  • Class rescheduling/reassignment
  • Counseling
  • Academic assistance
  • No Contact Order

• Whenever possible, the investigation is completed in 60 calendar days. If it is not possible to complete the investigation in that time, both parties are notified of the status.

• CUNY has disciplinary processes that must be followed before penalties can be imposed.
• There are different processes for students, staff and faculty members.
• The College is required to follow the procedures in Article XV of CUNY's Bylaws before disciplining a student.
• If, after investigation, it is determined that a student engaged in sexual harassment and/or sexual violence, disciplinary charges will be brought by the College.
• If disciplinary charges are brought, a hearing will be held before the Faculty-Student Disciplinary Committee.
• In certain circumstance, an emergency suspension may be imposed.

• The College is required to follow the procedures in Article XV of CUNY's bylaws before disciplining a student.
• If, after investigation, it is determined that a student engaged in sexual harassment and/or sexual violence, disciplinary charges will be brought by the College.
• If disciplinary charges are brought, a hearing will be held before the Faculty-Student Disciplinary Committee.
• In certain circumstance, an emergency suspension may be imposed.
  • In these cases, the disciplinary hearing must take place within 10 business days.

• During the hearing, a College representative presents the evidence, including witness testimony, against the accused student.
• Both the complainant and the accused have the right to be present during the hearing and to have an advocate present.
• The College must prove the alleged misconduct by a preponderance of the evidence.
  • This means the College must prove that it is more likely than not that the accused student engaged in the alleged misconduct.
• Both the complainant and the accused will be notified of the outcome of the hearing in writing.

• When it is determined that an employee engaged in sexual harassment and/or sexual violence, the College will take all necessary steps to pursue discipline in accordance with the procedures in the applicable contract.
• The procedures for imposing discipline on many CUNY employees are governed by legal contracts. In many instances, discipline cannot be imposed without a hearing before a neutral fact finder who is not employed by the College.
• The complainant will be informed in writing of the outcome when the disciplinary procedure is complete.
• While these proceedings are pending, the College will take all reasonable measures to separate the complainant from the accused.

If it is determined that sexual harassment or sexual violence has been committed by another student or by a faculty or staff member, CUNY will seek to impose disciplinary measures, in accordance with the proper procedures.

Disciplinary measures can include:

For Students

• Probation, suspension, expulsion
• Removal from dorm and/or extracurricular activities including athletics
• Campus ban

For Employees

• Reprimand, suspension or termination of employment

• Students are not required to testify at disciplinary hearings.
• However, if witnesses do not testify at the hearing, it may be less likely that fact finder(s) will find the conduct occurred or impose the penalty the College seeks.
• Retaliation is illegal.
• Retaliation is adverse treatment of an individual because he/she made a sexual harassment/sexual violence complaint, opposed sexual harassment/sexual violence, or cooperated with an investigation.
• The accused is not permitted, directly, or through a third-party, to intimidate, threaten or coerce the complainant or any other participant in the investigation/disciplinary process including witnesses, panel members, and investigators.
• The College will seek to discipline anyone found to have engaged in retaliation.
• An order of protection is a court order that forbids an individual from engaging in certain behavior, such as having any contact with the complainant.
• The only way to get an order of protection is to file a criminal complaint with the NYPD.
• The College will comply with an order of protection.
• If the order permits the accused to enter campus, the College will take all reasonable measures to separate the complainant from the accused.
• If the order bans the accused from campus, the College will comply.

• Retaliation is adverse treatment of an individual because he/she made a sexual harassment/sexual violence complaint, opposed sexual harassment/sexual violence, or cooperated with an investigation.
• Retaliation is illegal.
• The accused is not permitted, directly, or through a third-party, to intimidate, threaten or coerce the complainant or any other participant in the investigation/disciplinary process including witnesses, panel members, and investigators.
• The College will seek to discipline anyone found to have engaged in retaliation.

An Order of Protection (OOP) is a court order, authorized by a Judge, informing an individual to stay away from a complainant.

• The College does not have the ability to grant an OOP but Public Safety will help enforce an order.
• OOP can either be "full" orders, informing the individual to stay away entirely, or "partial" orders where communication or inappropriate behavior is prohibited.

Types of Orders of Protection (OOP)

• There are two different types of OOPs:
  • Criminal Court Orders: A judge will automatically grant a Criminal Court OOP on behalf of a complainant when there are criminal charges pending against a defendant.
  • Family Court Orders: These OOP are available to individuals involved in a domestic relationship. The complainant must petition the Family Court directly for the Order.

Violations of either orders are illegal and punishable by up to a year in jail.