Sexual Misconduct Policy

Responsible Executives: Title IX Coordinator, Deputy Title IX Coordinator

Responsible Office: Title IX Office

Effective: 8/1/2024

Last Reviewed: 8/28/2024

Revised: 8/28/2024; 7/22/2024; 6/19/2024; 11/7/2023; 10/12/2018

POLICY STATEMENT[1]

HJ International Graduate School for Peace and Public Leadership (“HJI” or the “Institution”) is committed to maintaining a workplace and educational environment free from all forms of harassment and unlawful discrimination while simultaneously striving to foster deeper understanding, contextualization, and application of the Unification worldview within a world of diverse faiths. Preventing sex discrimination and sexual harassment is one aspect of HJI’s commitment to upholding the highest moral and ethical standards.

Sexual harassment is a form of discrimination that subjects an employee to inferior conditions of employment or prevents a student from equal participation in an educational program due to their gender.

Sexual harassment is often viewed simply as a form of gender-based discrimination, but HJI recognizes that discrimination can be related to or affected by other identities beyond gender, such as race, age, or disability.

The purpose of this policy is to teach students and employees to recognize unlawful discrimination and provide the tools to take action when it occurs. All employees, managers, and supervisors are required to work in a manner designed to prevent sexual harassment and unlawful discrimination in the workplace. This policy is one component of HJI’s commitment to a fair and just work and educational environment that is free from unlawful discrimination.

HJI does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admissions and employment.[2] Inquiries about Title IX may be referred to HJI’s Title IX Coordinator or Deputy Title IX Coordinator, and/or the U.S. Department of Education’s Office of Civil Rights.[3]

Contact information for the Title IX Coordinator and Deputy Title IX Coordinator is provided below. Contact information for other resources is provided in Appendix B.

Frank LaGrotteria

Title IX Coordinator

Vice President for Administration

4 West 43^rd Street

New York, NY 10036

Phone: (212) 563-6647 ext. 115

Email: f.lagrotteria@hji.edu

Lynn Walsh

Deputy Title IX Coordinator

4 West 43^rd Street

New York, NY 10036

Phone: (212) 563-6647 ext. 120

Email: l.walsh@hji.edu

Consistent with its employment policies and Student Code of Conduct, HJI has a zero-tolerance policy on sex discrimination and sexual harassment. Any student, employee, or other individual covered by this Policy who engages in unlawful sex discrimination, including sexual harassment or retaliation, will be subject to remedial and/or disciplinary action, up to and including termination, expulsion, and legal action.[4] This policy will be administered in accordance with federal, state, and local regulations as well as HJI’s mission statement and core values of the Unification faith.

SCOPE

This Policy applies to the entire HJI community, including all students, faculty, employees, staff, applicants for employment, interns, whether paid or unpaid, contractors, and persons conducting business with HJI.

This Policy applies to complaints and reports regarding sex discrimination and sexual harassment and misconduct. HJI’s Nondiscrimination and Equal Opportunity Policy should be consulted for any complaints and reports of discrimination and harassment based on other protected classes. The Title IX Coordinator or Deputy Title IX Coordinator can address questions regarding which policy applies in a particular case.

DEFINITIONS

Affirmative Consent: Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.[5]

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 that follows.
Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
Consent may be initially given but withdrawn at any time.
Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
When consent is withdrawn or can no longer be given, sexual activity must stop.[6]

Complainant: A Complainant is (A) a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or (B) a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX and who was participating or attempting to participate in HJI’s education program or activity at the time of the alleged sex discrimination.[7]

Complaint: A complaint is an oral or written request to HJI that objectively can be understood as a request for HJI to investigate and make a determination about alleged discrimination under Title IX, its regulations, and/or this Policy.[8]

Confidentiality: Confidentiality may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to Institution officials, in a manner consistent with state and federal law, including but not limited to 20 USC 1092(f) and 20 USC 1681(a). Even HJI offices and employees who cannot guarantee confidentiality because of reporting requirements will otherwise maintain confidentiality. The information provided to a resource with reporting responsibilities will be relayed only as necessary for the Title IX Coordinator or Deputy Title IX Coordinator to investigate and/or seek a resolution.[9]

Dating Violence: Dating violence means violence committed by a person—(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, (iii) the frequency of interaction between the persons involved in the relationship.[10]

Decisionmaker: The Decisionmaker(s) determines if the Respondent violated this policy and issues a written determination regarding responsibility. The Decisionmaker(s) may be the same person as the Title IX Coordinator, Deputy Title IX Coordinator, or Investigator.

Domestic Violence: Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.[11]

Investigator: The Investigator(s) is the person(s) designated by HJI to investigate allegations of sexual misconduct. Investigators create an investigative report that fairly summarizes relevant evidence. The Investigator(s) may be the Title IX Coordinator, Deputy Title IX Coordinator, or someone externally hired. The Investigator(s) may also be the Decisionmaker(s).

Party: A party means a Complainant or Respondent.

Privacy: Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with NY State Education Law Article 129-B and other applicable laws, including informing appropriate HJI officials.[12]

Respondent: A Respondent is an individual who is alleged to have violated the HJI’s prohibition on sex discrimination.[13]

Retaliation: Under Title IX, retaliation means intimidation, threats, coercion, or discrimination against any person by HJI, a student, or an employee or other person authorized by HJI to provide aid, benefit, or service under HJI’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, 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 Title IX regulations.[14] Further information is provided under the Protections Against Retaliation section.

Sexual Assault: Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.[15]

Sexual Misconduct: Sexual misconduct is a broad term used to refer to a range of prohibited behaviors and sex-based discrimination, including harassment, as well as sexual assault, dating violence, domestic violence, stalking, and other related misconduct covered in this Policy.

Sex-Based and Sexual Harassment: There are several definitions of sexual and sex-based harassment under federal and state laws. See Section A of the Policy below.

Stalking: Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—(A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.[16]

Supportive Measures: Supportive measures are individualized measures offered as appropriate, 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: (A) Restore or preserve that party’s access to HJI’s education program or activity, including measures that are designed to protect the safety of the parties or HJI’s educational environment; or (B) Provide support during HJI’s grievance procedures or during an informal resolution process.[17]

Title IX Coordinator: The Title IX Coordinator is the employee designated by HJI to coordinate and oversee HJI’s compliance with its obligations under Title IX[18] as well as relevant aspects of state and local laws.

POLICY

A. Definitions of Sex-Based and Sexual Harassment

Sex-based and sexual harassment is defined in multiple ways under federal and state laws, including, but not limited to: Title IX, Title VII, and New York State Human Rights Law (NYSHRL), provided below.

Title IX

Under Title IX, 34 CFR 106.2 and 106.10, sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

Quid pro quo harassment. An employee, agent, or other person authorized by HJI to provide an aid, benefit, or service under the Institution’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
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 HJI’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:
The degree to which the conduct affected the Complainant’s ability to access HJI’s education program or activity;
The type, frequency, and duration of the conduct;
The parties’ ages, roles within HJI’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
The location of the conduct and the context in which the conduct occurred; and
Other sex-based harassment in HJI’s education program or activity; or
Specific offenses.
Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
Dating violence, meaning violence committed by a person:
Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
Where the existence of such a relationship shall be determined based on a consideration of the following factors:
The length of the relationship;
The type of relationship; and
The frequency of interaction between the persons involved in the relationship;
Domestic violence meaning felony or misdemeanor crimes committed by a person who:
Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of HJI, or a person similarly situated to a spouse of the victim;
Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
Shares a child in common with the victim; or
Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
Fear for the person’s safety or the safety of others; or
Suffer substantial emotional distress.

Title VII

Under Title VII, 29 CFR 1604.11, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

New York State Human Rights Law

Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment or denies them equal access to an educational program or activity. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, the Human Rights Law specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. Generally, any behavior in which an employee or covered individual is treated worse because of their gender is considered a violation of HJI policy.

The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts. Sexual harassment includes any unwelcome conduct which is either directed at an individual because of that individual’s gender or is of a sexual nature when:

The purpose or effect of this behavior unreasonably interferes with an individual’s work or educational performance or creates an intimidating, hostile or offensive work or educational environment. The impacted person does not need to be the intended target of the sexual harassment;
Employment depends implicitly or explicitly on accepting such unwelcome behavior; or
Decisions regarding an individual’s employment are based on an individual’s acceptance to or rejection of such behavior. Such decisions can include what shifts and how many hours an employee might work, project assignments, as well as salary and promotion decisions.

There are two main types of sexual harassment:

Behaviors that contribute to a hostile work environment include, but are not limited to, words, signs, jokes, pranks, intimidation, or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex or gender. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory, or discriminatory statements which an employee finds offensive or objectionable, causes an employee discomfort or humiliation, or interferes with the employee’s job performance.
Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions, or privileges of employment. This is also called quid pro quo harassment.

Any student, employee or other covered individual who feels harassed is encouraged to report the behavior so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be discrimination and is covered by this policy.

B. Examples of Sexual Harassment^[19]

The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:

Physical assaults of a sexual nature, such as:
- Touching, pinching, patting, grabbing, brushing against another individual’s body or poking another individual’s body;
- Rape, sexual battery, molestation or attempts to commit these assaults.
Unwanted sexual advances or propositions, such as:
- Requests for sexual favors accompanied by implied or overt threats concerning the victim’s academic performance or job performance evaluation, a promotion or other academic or job benefits or detriments;
- Subtle or obvious pressure for unwelcome sexual activities; or
- Repeated requests for dates or romantic gestures, including gift-giving.
Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience, which create a hostile academic or work environment.
Sexual or discriminatory displays or publications anywhere in the classroom or workplace, such as:
- Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the classroom or workplace.
- This also extends to the virtual or remote workspace and can include having such materials visible in the background of one’s home during a virtual class or meeting.
Hostile actions taken against an individual because of that individual’s sex or gender, such as:
- Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
- Sabotaging an individual’s work;
- Bullying, yelling, name-calling.

C. Protections Against Retaliation

Under Title IX, neither HJI nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or 34 CFR 106, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under 34 CFR 106. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this part, constitutes retaliation.^[20]

The exercise of free speech and expression rights protected under the First Amendment may not constitute retaliation.^[21] Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under 34 CFR 106 does not constitute retaliation prohibited under this section, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.^[22]

Under NYSHRL, no person covered by this Policy shall be subject to adverse employment action including being discharged, disciplined, discriminated against, or otherwise subject to adverse employment action because the employee reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. HJI has a zero-tolerance policy for such retaliation against anyone who, in good faith, complains or provides information about suspected sexual harassment. Any employee of HJI who retaliates against anyone involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination. Any employee, paid or unpaid intern, or non-employee^[23] working in the workplace who believes they have been subject to such retaliation should inform a supervisor, manager, the Title IX Coordinator, or the Deputy Title IX Coordinator. Any employee, paid or unpaid intern, or non-employee who believes they have been a victim of such retaliation may also seek compensation in other available forums, as explained below in the section on Legal Protections.^[24]

Unlawful retaliation can be any action that would keep a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation. Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:

Filed a complaint of sexual harassment, either internally or with any anti-discrimination agency;
Testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law;
Opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;
Complained that another employee has been sexually harassed; or
Encouraged a fellow employee to report harassment.^[25]

D. Supervisory Responsibilities^[26]

As mandated by the State of New York, managers and supervisors are required to report any complaint that they receive, or any harassment that they observe to the Title IX Coordinator or Deputy Title IX Coordinator.

All supervisors, managers, faculty, and other employees who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior, or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to the Title IX Coordinator or Deputy Title IX Coordinator.

In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors, managers, and faculty will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.

Supervisors, managers, faculty, and other employees will also be subject to discipline for engaging in any retaliation.

E. Reporting Sexual Harassment

Individuals have the right to make a report to HJI security, local law enforcement, and/or state police or choose not to report; to report the incident to the Title IX Coordinator or Deputy Title IX Coordinator; to be protected by HJI from retaliation for reporting an incident; and to receive assistance and resources from HJI.^[27] In compliance with Article 129-A of the New York State Education Law, in cases of sexual assault, HJI may assist an individual in notifying proper law enforcement authorities, including local police, if requested.^[28]

All students and employees are encouraged to report any harassment or behaviors that violate this Policy. HJI will provide all Complainants a complaint form for students and employees to report harassment and file complaints.^[29]

Preventing sexual harassment is everyone’s responsibility. HJI cannot prevent or remedy sexual harassment unless it knows about it. Any student, faculty member, employee, paid or unpaid intern or nonemployee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to the Title IX Coordinator, the Deputy Title IX Coordinator, a supervisor, a manager, the Dean of Enrollment Management and Student Life, the Associate Provost, or the Provost. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to the Title IX Coordinator or Deputy Title IX Coordinator.^[30]

Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all individuals are encouraged to use this complaint form. Individuals who are reporting sexual harassment on behalf of others should use the complaint form and note that it is on another individual’s behalf.^[31]

Students, employees, paid or unpaid interns, or non-employees who believe they have been a victim of sexual harassment may also seek assistance in other available forums, as explained in the Legal Protections section.^[32]

F. Conflicts of Interest

Complaints of sex discrimination, including complaints of sex-based harassment, may be made to either the Title IX Coordinator or the Deputy Title IX Coordinator. HJI requires that any Title IX Coordinator, Deputy Title IX Coordinator, Investigator, or Decision maker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

In the event that a conflict of interest exists—for example, the Title IX Coordinator, Deputy Title IX Coordinator, and/or any of their family members are the subject of the complaint—the person(s) who are subject to said conflict of interest may not be present at or participate in any deliberations, discussions, and/or decisions relating to any aspect of the grievance procedures, or attempt to improperly influence any deliberations or determinations of responsibility. If the Title IX Coordinator or any family member is the subject of the complaint, the report must be made to the Deputy Title IX Coordinator. In such a case, the Title IX Coordinator would be prohibited from overseeing any aspect of the grievance procedures. If the Deputy Title IX Coordinator or any family member is the subject of the complaint, the report must be made to the Title IX Coordinator. In such a case, the Deputy Title IX Coordinator would be prohibited from overseeing any aspect of the grievance procedures.

Regarding informal resolution, the facilitator for the process cannot be the same person as the Investigator or the Decision maker in HJI’s grievance procedures. Any person designated by HJI to facilitate an informal resolution process must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

G. Alcohol and/or Drug Use Amnesty

The health and safety of every student at HJI is of utmost importance. HJI recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. HJI strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to Institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to HJI’s officials or law enforcement will not be subject to HJI’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.[33]

H. General Response to Sex Discrimination

When HJI has knowledge of conduct that reasonably may constitute sex discrimination in its education program or activity, it will respond promptly and effectively.[34]

Any employee who is not a confidential employee and who either has authority to institute corrective measures on behalf of HJI or has responsibility for administrative leadership, teaching, or advising in HJI’s education program or activity must notify the Title IX Coordinator or Deputy Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination under Title IX. All other employees who are not confidential employees or the above must either:

Notify the Title IX Coordinator or Deputy Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination under Title IX; or
Provide the contact information of the Title IX Coordinator and Deputy Title IX Coordinator and information about how to make a complaint of sex discrimination to any person who provides the employee with information about conduct that reasonably may constitute sex discrimination under Title IX. The above does not apply to an employee who has personally been subject to conduct that reasonably may constitute sex discrimination under Title IX.[35]

I. No-Contact Orders

When the accused or Respondent is a student, HJI may issue a “no contact order” consistent with Institution policies and procedures, whereby continued intentional contact between the reporting individual and Respondent would be a violation of Institution policy subject to additional conduct charges. Both the accused or Respondent and the reporting individual will, upon request and consistent with Institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no-contact order, including potential modification, and will be allowed to submit evidence in support of his or her request.[36]

J. Emergency Removal and Administrative Leave

A Respondent may be removed from HJI’s education program or activity on an emergency basis, provided that HJI undertakes an individualized safety and risk analysis, determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies removal, and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.[37]

An employee Respondent may be placed on administrative leave from employment responsibilities during the pendency of HJI’s grievance procedures.[38]

K. Informal Resolution[39]

At any time prior to determining whether sex discrimination indeed occurred, HJI may offer to a Complainant and Respondent an informal resolution process, unless such a process would conflict with federal, state, or local law.

Circumstances when HJI may decline to allow for an informal resolution process include but are not limited to when HJI determines that the alleged conduct would present a future risk of harm to others.

HJI will not require or pressure the parties to participate in an informal resolution process. HJI will obtain the parties’ voluntary consent to the informal resolution process and will not require waiver of the right to an investigation and determination of a complaint as a condition of enrollment or continuing enrollment, or employment or continuing employment, or exercise of any other right.

Before initiation of an informal resolution process, HJI will provide to the parties notice that explains:

The allegations;
The requirements of the informal resolution process;
That, prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and to initiate or resume HJI’s grievance procedures;
That the parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the parties from initiating or resuming grievance procedures arising from the same allegations;
The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
What information HJI will retain and whether and how HJI could disclose such information for use in grievance procedures, if grievance procedures are initiated or resumed.

The facilitator for the informal resolution process will not be the same person as the Investigator or the Decisionmaker in HJI’s grievance procedures. Any person designated by HJI to facilitate an informal resolution process must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

Potential terms that may be included in an informal resolution agreement include but are not limited to:

Restrictions on contact; and
Restrictions on the Respondent’s participation in one or more of HJI’s programs or activities or attendance at specific events, including restrictions HJI could have imposed as remedies or disciplinary sanctions had HJI determined at the conclusion of HJI’s grievance procedures that sex discrimination occurred.

To the extent possible, informal resolutions should be completed within thirty (30) days of receiving both parties’ voluntary, written consent to the informal resolution process.

L. Confidentiality

Individuals who believe they may have experienced violations of this Policy are encouraged to speak with someone about supportive measures and to obtain information about their options. Confidentiality over any information shared depends on whom a reporting individual speaks with. As previously noted, confidentiality may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to Institution officials.

Prior to an investigation, if the Complainant requests not to pursue a formal grievance process, the report will remain confidential. Declining to consent to an investigation shall be honored unless HJI determines in good faith that failure to investigate does not adequately mitigate a potential risk of harm to the Complainant or other members of the community. Honoring such a request may limit HJI’s ability to meaningfully investigate and pursue conduct action against the Respondent.[40]

HJI will weigh a request for confidentiality based on several factors. If the Complainant discloses an incident to an HJI employee who is responsible for responding to or reporting domestic violence, dating violence, stalking, or sexual assault but wishes to maintain confidentiality or does not consent to the HJI’s request to initiate an investigation, the Title IX Coordinator or Deputy Title IX Coordinator must weigh the request against HJI’s obligation to provide a safe, non-discriminatory environment for all members of its community.[41]

Other factors used to determine whether to honor such a request include, but are not limited to:

Whether the Respondent has a history of violent behavior or is a repeat offender;
Whether the incident represents escalation in unlawful conduct on behalf of the Respondent from previously noted behavior;
The increased risk that the Respondent will commit additional acts of violence;
Whether the Respondent used a weapon or force;
Whether the Complainant is a minor; and
Whether HJI possesses other means to obtain evidence such as security footage, and whether available information reveals a pattern of perpetration at a given location or by a particular group.[42]

M. Grievance Procedures for the Prompt and Equitable Resolution of Complaints of Sex Discrimination

HJI has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator or Deputy Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX and other related regulations.

1. Complaints

As noted, complaints of sex discrimination, including complaints of sex-based harassment, may be made to either the Title IX Coordinator or the Deputy Title IX Coordinator. However, if the Title IX Coordinator is the object of the complaint, the report should be made to the Deputy Title IX Coordinator. In such a case, the Title IX Coordinator would be prohibited from overseeing any aspect of the grievance procedures. If the Deputy Title IX Coordinator is the object of the complaint, the report should be made to the Title IX Coordinator. Likewise, if the President is the object of the complaint, the report should be made to the Title IX Coordinator. The Deputy Title IX Coordinator would be prohibited from overseeing any aspect of the grievance procedures in such cases.

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that HJI investigate and make a determination about alleged discrimination under Title IX:

A “Complainant,” which includes:
- a student or employee of HJI who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
- a person other than a student or employee of HJI who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in HJI’s education program or activity;
A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant;
The Title IX Coordinator or Deputy Title IX Coordinator.[43]

Note that a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of 34 CFR § 106.44(f)(1)(v).

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

Any student or employee HJI; or
Any person other than a student or employee who was participating or attempting to participate in HJI’s education program or activity at the time of the alleged sex discrimination.

HJI may consolidate complaints of sex discrimination 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 discrimination arise out of the same facts or circumstances and when consolidation would not violate the Family Educational Rights and Privacy Act (FERPA). When more than one Complainant or more than one Respondent is involved, references below to a party, Complainant, or Respondent include the plural, as applicable.

2. Basic Requirements of Grievance Procedures[44]

HJI will treat Complainants and Respondents equitably.

As noted, HJI requires that any Title IX Coordinator, Deputy Title IX Coordinator, Investigator, or Decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. A Decisionmaker may be the same person as the Title IX Coordinator or Investigator.

HJI presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

HJI has established the following timeframes for the major stages of the grievance procedures:

The evaluation (i.e., the decision whether to dismiss or investigate a complaint), investigation, and determination of responsibility should be, to the extent possible, completed within ninety (90) days.
Any appeals must be made within seven (7) days of the issuance of the written determination regarding responsibility.
To the extent possible, the appeals process should be completed within thirty (30) days of the filing of an appeal.

HJI may also allow for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay.

HJI will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

HJI will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by HJI to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

Evidence that is protected under a privilege recognized by federal or state 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;
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 HJI obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
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. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

3. Notice of Allegations[45]

Upon initiation of HJI’s Title IX grievance procedures, HJI will notify the parties of the following:

Title IX grievance procedures and any informal resolution process;
Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
Retaliation is prohibited; and
The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. If HJI provides a description of the evidence, the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.

If, in the course of an investigation, HJI decides to investigate additional allegations of sex discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a complaint that is consolidated, HJI will notify the parties of the additional allegations.

4. Dismissal of a Complaint[46]

HJI may dismiss a complaint of sex discrimination if:

HJI is unable to identify the Respondent after taking reasonable steps to do so;
The Respondent is not participating in HJI’s education program or activity and is not employed by HJI;
The Complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and HJI determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
HJI determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, HJI will make reasonable efforts to clarify the allegations with the Complainant.

Upon dismissal, HJI will promptly notify the Complainant of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then HJI will also notify the Respondent of the dismissal and the basis for the dismissal promptly following notification to the Complainant, or simultaneously if notification is in writing.

HJI will notify the Complainant that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then HJI will also notify the Respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

Procedural irregularity that would change the outcome;
New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
The Title IX Coordinator, Deputy 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 would change the outcome.

If the dismissal is appealed, HJI will:

Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
Implement appeal procedures equally for the parties;
Ensure that the Decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
Ensure that the Decisionmaker for the appeal has been trained consistent with the Title IX regulations;
Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
Notify the parties of the result of the appeal and the rationale for the result.

When a complaint is dismissed, HJI will, at a minimum:

Offer supportive measures to the Complainant as appropriate;
If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
Take other prompt and effective steps, as appropriate, through the Title IX Coordinator and/or Deputy Title IX Coordinator to ensure that sex discrimination does not continue or recur within HJI’s education program or activity.

5. Investigation

HJI will provide for adequate, reliable, impartial,[47] prompt, and thorough investigation of complaints that ensures due process for all parties, whenever the Title IX Coordinator, Deputy Title IX Coordinator, or management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All students and employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.[48]

All complaints or information about suspected sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible.[49]

An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, and, to the extent possible, should be completed within ninety (90) days. All persons involved, including Complainants, witnesses, and Respondents will be accorded due process to protect their rights to a fair and impartial investigation.[50]

Any individual who feels they have been subjected to sexual misconduct or harassment or discrimination of any type is encouraged to make a report to the Title IX Coordinator or Deputy Title IX Coordinator. If the President is the object of the complaint, the report should be made to the Deputy Title IX Coordinator.

Any student or employee may be required to cooperate as needed in an investigation of suspected sexual harassment. Students and employees who participate in any investigation will not be retaliated against.[51]

Under Title IX, the burden is on HJI—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred. HJI will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible. HJI will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.[52]

HJI will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

HJI will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence.
HJI will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
HJI will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.[53]

The Title IX Coordinator, Deputy Title IX Coordinator, and/or a qualified professional may serve as the Investigator. Investigations will be done in accordance with the following steps:

Upon receipt of complaint, the Investigator will conduct an immediate review of the allegations, and take any interim actions, as appropriate. If complaint is oral, encourage the individual to complete the “Complaint Form” in writing. If he or she refuses, prepare a Complaint Form based on the oral reporting.
If documents, emails, or phone records are relevant to the allegations, take steps to obtain and preserve them.
Request and review all relevant documents, including all electronic communications.
Interview all parties involved, including any relevant witnesses;
Keep records of the written documentation and associated documents.
Inform the individual who complained of their right to file a complaint or charge externally.[54]

6. Questioning the Parties and Witnesses

HJI will provide a process that enables the Decisionmaker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.[55]

HJI’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will:

Allow the Investigator or Decisionmaker to ask such questions during individual meetings with a party or witness;
Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the Investigator or Decisionmaker during one or more individual meetings, including follow-up meetings, with a party or witness, subject to the procedures for evaluating and limiting questions discussed below; and
Provide each party with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.

Procedures for the Decisionmaker to evaluate the questions and limitations on questions: The Decisionmaker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The Decisionmaker will give a party an opportunity to clarify or revise a question that the Decisionmaker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.

Refusal to respond to questions and inferences based on refusal to respond to questions: The Decisionmaker 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 Decisionmaker will 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.

7. Investigative Report

The Investigator will create an investigative report that fairly summarizes relevant evidence and send to each party and the party’s Advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.

The written documentation of the investigation (such as a letter, memo or email) should contain the following:

A list of all documents reviewed, along with a detailed summary of relevant documents;
A list of names of those interviewed, along with a detailed summary of their statements;
A timeline of events; and
A summary of prior relevant incidents, reported or unreported.[56]

8. Determination of Responsibility

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, HJI will:

Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the Decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the Decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the Decisionmaker will not determine that sex discrimination occurred.
- Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable; Not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the Respondent engaged in prohibited sex discrimination. If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
  - Coordinate the provision and implementation of remedies to a complainant and other people HJI identifies as having had equal access to HJI’s education program or activity limited or denied by sex discrimination;
  - Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the complainant of any such disciplinary sanctions; and
  - Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within HJI’s education program or activity.
- Comply with the grievance procedures before the imposition of any disciplinary sanctions against a Respondent; and
- Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.[57]

9. Appeal of Determinations

The Respondent and Complainant may request an appeal within seven (7) days from the date the determination of responsibility is issued. The appeal must be in writing and sent to the Title IX Coordinator or Deputy Title IX Coordinator, if not serving in the capacity of Decisionmaker, who will notify the other party that an appeal has been made.

An appeal may be made on the following bases:

Procedural irregularity that affected the outcome of the matter;
New evidence that was not reasonably available at the time the determination regarding responsibility was made, that could affect the outcome of the matter; and
The Title IX Coordinator, Deputy 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.

An independent appeal committee will consider the appeal. The committee will determine whether an appeal will undergo further investigation and steps.

If a determination of responsibility is appealed, HJI will:

Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;
Ensure that the Decisionmaker(s) for the appeal is not the same person as the Decisionmaker(s) that reached the determination regarding responsibility;
Ensure that the Decisionmaker(s) for the appeal complies with the standards set forth in this policy;
Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome; and
Issue a written decision describing the result of the appeal and the rationale for the result.

To the extent possible, the appeals process should be completed within thirty (30) days of the filing of an appeal.

10. Informal Resolution[58]

In lieu of resolving a complaint through HJI’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process, as outline above in the Informal Resolutions section. HJI does not offer informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student, or when such a process would conflict with federal, state, or local law.

11. Supportive Measures

HJI will offer and coordinate supportive measures as appropriate for the Complainant and/or Respondent to restore or preserve that person’s access to HJI’s education program or activity or provide support during HJI’s Title IX grievance procedures or during the informal resolution process.[59]

For complaints of sex-based harassment, these supportive measures may include, but are not limited to: extensions of deadlines and other course-related adjustments; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment.[60]

12. Disciplinary Sanctions

Following a determination that sex-based harassment occurred, HJI may impose disciplinary sanctions, up to and including termination, expulsion, and legal action.[61]

Commission of a sex offense, a domestic violence incident, or a stalking offense may also result in penalties determined under state law. New York Penal Law outlines prohibited sex offenses and penalties in §130.00-130.96 and prohibited stalking offenses and related felony classes in §120.45-130.60.

N. Grievance Procedures for Complaints of Sex-Based Harassment Involving Student Complaints or Student Respondents

HJI has adopted Title IX grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator or Deputy Title IX Coordinator. These grievance procedures address complaints of sex-based harassment that involve a student party.

When a Complainant or Respondent is both a student and an employee of a HJI, the Institution will make a fact-specific inquiry to determine whether the requirements of this section apply. In making this determination, HJI will consider whether the party’s primary relationship with the Institution is to receive an education and whether the alleged sex-based harassment occurred while the party was performing employment-related work.[62]

1. Complaints

The following people have a right to make a complaint of sex-based harassment, requesting that HJI investigate and make a determination about alleged sex-based harassment under Title IX:

A “Complainant,” which includes;
- a student or employee of HJI who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
- a person other than a student or employee of HJI who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in HJI’s education program or activity;
A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant;
The Title IX Coordinator or Deputy Title IX Coordinator.

HJI may consolidate complaints of sex discrimination 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 discrimination arise out of the same facts or circumstances and when consolidation would not violate FERPA. When more than one Complainant or more than one Respondent is involved, references below to a party, Complainant, or Respondent include the plural, as applicable.

2. Basic Requirements of Grievance Procedures

HJI will treat Complainants and Respondents equitably.

As noted, HJI requires that any Title IX Coordinator, Deputy Title IX Coordinator, Investigator, or Decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. As long as there is no conflict of interest or bias, a Decisionmaker may be the same person as the Title IX Coordinator or Investigator.

HJI presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

HJI has established the following timeframes for the major stages of the grievance procedures:

The evaluation (i.e., the decision whether to dismiss or investigate a complaint), investigation, and determination of responsibility should be, to the extent possible, completed within ninety (90) days.
Any appeals must be made within seven (7) days of the issuance of the written determination regarding responsibility.
To the extent possible, the appeals process should be completed within thirty (30) days of the filing of an appeal.

HJI may also allow for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay.

Evidence that is protected under a privilege recognized by federal or state 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;
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 HJI obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
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. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

3. Written Notice of Allegations[63]

Upon initiation of the sex-based harassment grievance procedures under this section, HJI will notify the parties in writing of the following with sufficient time for the parties to prepare a response before any initial interview:

HJI’s Title IX grievance procedures and any informal resolution process;
Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex-based harassment, and the date(s) and location(s) of the alleged incident(s);
Retaliation is prohibited;
The Respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decisionmaker;
The parties may have an advisor of their choice who may be, but is not required to be, an attorney;
The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence. If HJI provides access to an investigative report, the parties are entitled to an equal opportunity to access the relevant and not impermissible evidence upon the request of any party.

If, in the course of an investigation, HJI decides to investigate additional allegations of sex-based harassment by the Respondent toward the Complainant that are not included in the written notice provided or that are included in a consolidated complaint, it will provide written notice of the additional allegations to the parties.

4. Dismissal of a Complaint[64]

HJI may dismiss a complaint if:

HJI is unable to identify the Respondent after taking reasonable steps to do so;
The Respondent is not participating in HJI’s education program or activity and is not employed by HJI;
HJI obtains the Complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator or Deputy Title IX Coordinator declines to initiate a complaint, and HJI determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
HJI determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, HJI will make reasonable efforts to clarify the allegations with the Complainant.

HJI will notify the Complainant that a dismissal may be appealed on the bases outlined in the Appeals section. If dismissal occurs after the Respondent has been notified of the allegations, then HJI will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, HJI will follow the procedures outlined in the Appeals section.

When a complaint is dismissed, HJI will, at a minimum:

Offer supportive measures to the Complainant as appropriate;
If the Respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
Take other prompt and effective steps, as appropriate, through the Title IX Coordinator and/or Deputy Title IX Coordinator to ensure that sex discrimination does not continue or recur within HJI’s education program or activity.

5. Investigation[65]

HJI will provide for adequate, reliable, and impartial investigation of complaints. The burden is on HJI—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred. HJI will provide will provide to a party whose participation is invited or expected, 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.

HJI will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

HJI will not limit the choice or presence of the advisor for the Complainant or Respondent in any meeting or proceeding.
HJI may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties.

HJI will provide the parties with the same opportunities, if any, to have people other than the advisor of the parties’ choice present during any meeting or proceeding. HJI will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible. HJI will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

HJI will provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner:

HJI will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence.
HJI will provide a reasonable opportunity to review and respond to the evidence or the investigative report; and
HJI will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.

6. Questioning the Parties and Witnesses[66]

HJI’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will:

Allow the Investigator or Decisionmaker to ask such questions during individual meetings with a party or witness;
Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the Investigator or Decisionmaker during one or more individual meetings, including follow-up meetings, with a party or witness, subject to the procedures for evaluating and limiting questions discussed below; and
Provide each party with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.

7. Written Determination Whether Sex-Based Harassment Occurred[67]

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, HJI will:

Use the preponderance of the standard of proof to determine whether sex discrimination occurred. The standard of proof requires the Decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the Decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the Decisionmaker will not determine that sex discrimination occurred.
Notify the parties simultaneously in writing of the determination whether sex-based harassment occurred under Title IX including:
- A description of the alleged sex-based harassment;
- Information about the policies and procedures that HJI used to evaluate the allegations;
- The Decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred;
- When the Decisionmaker finds that sex-based harassment occurred, any disciplinary sanctions HJI will impose on the Respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by HJI to the Complainant, and, to the extent appropriate, other students identified by HJI to be experiencing the effects of the sex-based harassment; and
- HJI’s procedures and permissible bases for the Complainant and Respondent to appeal.
HJI will not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the Respondent engaged in prohibited sex discrimination.
If there is a determination that sex discrimination occurred, as appropriate, the Title IX Coordinator will:
- Coordinate the provision and implementation of remedies to a Complainant and other people HJI identifies as having had equal access to HJI’s education program or activity limited or denied by sex discrimination;
- Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and
- Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within HJI’s education program or activity.
Comply with the Title IX grievance procedures before the imposition of any disciplinary sanctions against a Respondent; and
Not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

The determination regarding responsibility becomes final either on the date that HJI provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

8. Appeals[68]

HJI will offer an appeal from a dismissal or determination whether sex-based harassment occurred on the following bases:

Procedural irregularity that would change the outcome;
New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
The Title IX Coordinator, Deputy 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 would change the outcome.

If a party appeals a dismissal or determination whether sex-based harassment occurred, HJI will:

Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
Implement appeal procedures equally for the parties;
Ensure that the Decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
Ensure that the Decisionmaker for the appeal has been trained consistent with the Title IX regulations;
Communicate to the parties in writing that will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and;
Notify the parties in writing of the result of the appeal and the rationale for the result.

Any additional procedures or bases for appeal HJI offers will be equally available to all parties.

9. Informal Resolution[69]

In lieu of resolving a complaint through HJI’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. HJI will inform the parties in writing of any informal resolution process it offers and determines is appropriate, if any. HJI will not offer informal resolution to resolve a complaint when such a process would conflict with federal, state, or local law. Before the initiation of an informal resolution process, HJI will explain in writing to the parties:

The allegations;
The requirements of the informal resolution process;
That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
What information HJI will maintain and whether and how HJI could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.

10. Supportive Measures

11. Disciplinary Sanctions and Remedies

Following a determination that sex-based harassment occurred, HJI may impose disciplinary sanctions, up to and including termination, expulsion, and legal action.

O. Recordkeeping[72]

HJI will maintain for a period of at least seven (7) years:

For each complaint of sex discrimination, records documenting the informal resolution process or the grievance procedures outlined above, and the resulting outcome;
For each notification the Title IX Coordinator or Deputy Title IX Coordinator receives of information about conduct that reasonably may constitute sex discrimination under Title IX, records documenting the actions the Institution took to meet its obligations;
All materials used to provide training.

P. Transcript Notations

For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 USC 1092(f)(1)(F)(i)(I)-(VIII), HJI will make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the Respondent who withdraws from the Institution while such conduct charges are pending, and declines to complete the disciplinary process, HJI will make a notation on the transcript of such students that they “withdrew with conduct charges pending.” Students have the right to appeals seeking removal of a transcript notation for a suspension, provided that such notation shall not be removed prior to one year after conclusion of the suspension, while notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.[73]

Q. Clery Act Compliance

HJI will make reports of certain crimes occurring in specific geographic locations that will be included in HJI’s Annual Security Report pursuant to the Clery Act, 20 USC 1092(f), in an anonymized manner that identifies neither the specifics of the crime nor the identity of the reporting individual. HJI is obligated to issue timely warnings of crimes enumerated in the Clery Act occurring within relevant geography that represent a serious or continuing threat to students and employees, except in those circumstances where issuing such a warning may compromise current law enforcement efforts or when the warning itself could potentially identify the reporting individual. A reporting individual shall not be identified in a timely warning.[74]

R. FERPA

The Family Educational Rights and Privacy Act, 20 USC 1232(g), allows institutions to share information with parents when: (i) there is a health or safety emergency, or (ii) when the student is a dependent on either parent’s prior year federal income tax return. Generally, HJI will not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the permission of the reporting individual.[75]

S. Legal Protections and External Remedies[76]

Sexual harassment is not only prohibited by HJI but is also prohibited by state, federal, and, where applicable, local law.

Aside from the internal process at HJI, students and employees may also choose to pursue legal remedies with the following governmental entities at any time.

New York State Division of Human Rights (DHR)

The New York State Human Rights Law (HRL), N.Y. Executive Law, art. 15, §290 et seq., applies to all employers in New York State and protects employees and covered individuals, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the New York State Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints of sexual harassment filed with DHR may be submitted any time within three years of the harassment. If an individual does not file a complaint with DHR, they can bring a lawsuit directly in state court under the Human Rights Law, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to HJI does not extend your time to file with DHR or in court. The three years are counted from the date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases receive a public hearing before an administrative law judge. If sexual harassment is found at the hearing, DHR has the power to award relief. Relief varies but it may include requiring your employer to take action to stop the harassment, or repair the damage caused by the harassment, including paying of monetary damages, punitive damages, attorney’s fees, and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.

Go to dhr.ny.gov/complaint for more information about filing a complaint with DHR. The website has a digital complaint process that can be completed on your computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to DHR as well as a form that can be submitted online. The website also contains contact information for DHR’s regional offices across New York State.

Call the DHR sexual harassment hotline at 1(800) HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone.

United States Equal Employment Opportunity Commission (EEOC)

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act, 42 U.S.C. § 2000e et seq. An individual can file a complaint with the EEOC anytime within 300 days from the most recent incident of harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Notice of Right to Sue permitting workers to file a lawsuit in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated, or believes that unlawful discrimination occurred by does not file a lawsuit.

Individuals may obtain relief in mediation, settlement or conciliation. In addition, federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with the New York State Division of Human Rights, DHR will automatically file the complaint with the EEOC to preserve the right to proceed in federal court.

U.S. Department of Education Office for Civil Rights

Educational institutions like HJI have a responsibility to protect every student’s right to learn in a safe environment free from unlawful discrimination and to prevent unjust deprivations of that right. The Office for Civil Rights enforces several federal civil rights laws, including Title IX, that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education. It is the mission of the Office for Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.

You may file a complaint with OCR using OCR’s electronic complaint form at the following website: http://www.ed.gov/about/offices/list/ocr/complaintintro.html.

Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. Those wishing to pursue criminal charges are encouraged to contact their local police department.

RELATED INFORMATION

HJI Complaint Form for Sexual Misconduct

Appendix A: Students’ Bill of Rights

(Adopted from New York State Education Law Article 129-B, Enough is Enough, §6443)

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 the Institution;
Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
Be treated with dignity and to receive from the Institution courteous, fair, and respectful health care and counseling services, where available;
Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed or should have acted in a different manner to avoid such crimes or violations;
Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
Be protected from retaliation by the Institution, any student, the accused and/or the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the Institution;
Access to at least one level of appeal of a determination;
Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or Respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the Institution.

Appendix B: Resources for Cases of Sexual Misconduct

New York City

Frank LaGrotteria, Title IX Coordinator & VP for Admin (212) 563-6647 x115

Lynn Walsh, Deputy Title IX Coordinator (212) 563-6647 x120

Security Desk (212) 997-0125 x101

Off Campus

Police (Emergency) 911

Police (Non-Emergency) 311

Police, Midtown South Precinct (212) 239-9811

Sex Crimes Report Line (212) 267-7273

Mount Sinai West Hospital (212) 523-4000

Safe Horizon Rape and Sexual Assault Hotline* (212) 227-3000

Crime Victims Treatment Center* (212) 523-4728

NY Campus Sexual Assault Hotline* 1-844-845-7269

Stalking Resource Center* 1-202-467-8700

NYS Domestic and Sexual Violence Hotline* 1-800-942-6906

Safe Horizon Domestic Violence Hotline* 1-800-621-4673

National Domestic Violence Hotline* 1-800-799-7233

*Resource offers confidentiality and is free of charge.

[1] Adopted with adaptations from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

[2] 34 CFR §106.8(b)(1).

[3] 34 CFR §106.8(c).

[4] Adopted with adaptations from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

[5] NYS Education Law Article 129-B, Enough is Enough, §6441(1).

[6] NYS Education Law Article 129-B, Enough is Enough, §6441(2).

[7] 34 CFR §106.2.

[8] 34 CFR §106.2.

[9] NYS Education Law Article 129-B, Enough is Enough, §6439(5) and §6444(1)(a).

[10] 34 USC §12291(a)(10).

[11] 34 USC §12291(a)(8).

[12] NYS Education Law Article 129-B, Enough is Enough, §6439(6).

[13] 34 CFR §106.2.

[14] 34 CFR §106.2.

[15] 20 USC §1092(f)(6)(A)(v).

[16] 34 USC §12291(a)(30).

[17] 34 CFR §106.2.

[18] 34 CFR §106.44(f).

[19] Adopted with adaptations from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

[20] 34 CFR §106.71(a).

[21] 34 CFR §106.71(b)(1).

[22] 34 CFR §106.71(b)(2).

[23] A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected non-employees include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.

[24] Adopted with adaptations from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

[25] Adopted from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

[26] Adopted with adaptations from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

[27] NYS Education Law Article 129-B, Enough is Enough, §6444(2).

[28] 20 USC §1092(f).

[29] Adopted with adaptations from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

[30] Ibid.

[31] Ibid.

[32] Ibid.

[33] NYS Education Law Article 129-B, Enough is Enough, §6442.

[34] 34 CFR §106.44(a).

[35] 34 CFR §106.44(c)(2)(i)-(ii).

[36] NYS Education Law Article 129-B, Enough is Enough, §6444(4)(a).

[37] 34 CFR §106.44(h).

[38] 34 CFR §106.44(i).

[39] 34 CFR §106.44(k).

[40] NYS Education Law Article 129-B, Enough is Enough, §6446(4).

[41] NYS Education Law Article 129-B, Enough is Enough, §6446(1)(d).

[42] NYS Education Law Article 129-B, Enough is Enough, §6446(4).

[43] 34 CFR §106.45(a)(2)(i)-(iv).

[44] 34 CFR §106.45(b).

[45] 34 CFR §106.45(c).

[46] 34 CFR §106.45(d).

[47] 34 CFR §106.45(f).

[48] Adopted with adaptations from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

[49] Ibid.

[50] Ibid.

[51] Ibid.

[52] 34 CFR §106.45(f)(1)-(3).

[53] 34 CFR §106.45(f)(4)(i)-(iii).

[54] Adopted with adaptations from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

[55] 34 CFR §106.45(g).

[56] Adopted with adaptations from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

[57] 34 CFR §106.45(h)(1)-(5).

[58] 34 CFR §106.45(k).

[59] 34 CFR §106.45(l)(1).

[60] 34 CFR §106.44(g)(1).

[61] 34 CFR §106.45(l)(2).

[62] 34 CFR §106.46(a)-(b).

[63] 34 CFR §106.46(c)(1)(i)-(iii).

[64] 34 CFR §106.46(d).

[65] 34 CFR §106.46(e)(1)-(6).

[66] 34 CFR §106.46(f)(1)-(4).

[67] 34 CFR §106.46(h)(1)-(2).

[68] 34 CFR §106.46(i)(1)-(3).

[69] 34 CFR §106.46(j).

[70] 34 CFR §106.45(l)(1).

[71] 34 CFR §106.44(g)(1).

[72] 34 CFR §106.8(f)(1)-(3).

[73] NYS Education Law Article 129-B, Enough is Enough, §6444(6).

[74] NYS Education Law Article 129-B, Enough is Enough, §6446(1)(g).

[75] NYS Education Law Article 129-B, Enough is Enough, §6446(1)(g).

[76] Adopted from New York State Sexual Harassment Model Policy, https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training.

Sexual Misconduct Policy

SCOPE

DEFINITIONS

POLICY

A. Definitions of Sex-Based and Sexual Harassment

B. Examples of Sexual Harassment[19]

C. Protections Against Retaliation

D. Supervisory Responsibilities[26]

E. Reporting Sexual Harassment

F. Conflicts of Interest

G. Alcohol and/or Drug Use Amnesty

H. General Response to Sex Discrimination

I. No-Contact Orders

J. Emergency Removal and Administrative Leave

K. Informal Resolution[39]

L. Confidentiality

M. Grievance Procedures for the Prompt and Equitable Resolution of Complaints of Sex Discrimination

1. Complaints

2. Basic Requirements of Grievance Procedures[44]

3. Notice of Allegations[45]

4. Dismissal of a Complaint[46]

5. Investigation

6. Questioning the Parties and Witnesses

7. Investigative Report

8. Determination of Responsibility

9. Appeal of Determinations

10. Informal Resolution[58]

11. Supportive Measures

12. Disciplinary Sanctions

N. Grievance Procedures for Complaints of Sex-Based Harassment Involving Student Complaints or Student Respondents

1. Complaints

2. Basic Requirements of Grievance Procedures

3. Written Notice of Allegations[63]

4. Dismissal of a Complaint[64]

5. Investigation[65]

6. Questioning the Parties and Witnesses[66]

7. Written Determination Whether Sex-Based Harassment Occurred[67]

8. Appeals[68]

9. Informal Resolution[69]

10. Supportive Measures

11. Disciplinary Sanctions and Remedies

O. Recordkeeping[72]

P. Transcript Notations

Q. Clery Act Compliance

R. FERPA

S. Legal Protections and External Remedies[76]

RELATED INFORMATION

Appendix A: Students’ Bill of Rights

Appendix B: Resources for Cases of Sexual Misconduct

B. Examples of Sexual Harassment^[19]

D. Supervisory Responsibilities^[26]