Institutional Policies 8: Procedures Manual Last Updated: March 2., 201] Unless noted differently, the policies and procedures in this manual apply to faculty and administrators of the university. l: 6 BASIL I".l (IF THE NIEW SCI Gt . 0 Board of'l'rustees . 6 The Hitler-rs of Administration and the Deans (i I (lit ammiltees 6 I3. of Governors .\I;ip oIThe New >ehool (i IN 2: liMl?Lx )YAller?l 7 ADVIM FULL-TIME EMPLOYMENT 7 Issuance and Validation of Identi?cation Cards 7 \?(ill Employment 8 \V'ork Hours and Categories 8 8 DRESS PULIILY AND GUIDELINES 9 (il (IN l)liI\I( IN UNIVERSITY I?reamlile I 0 Purpose I0 Principles I0 The Iilements of Time, Manner and Place I I )pponunities for Speech :\CIiviIies and Expression . \dvisory Committee on Speech Activities and ['lxpression I 2 )Ylil". INCY I3 Limplc Wee Rights I4 Disciplinary . . . . I4 Responsibilities I 5 De?nitions I 5 I6 ll" MINI IRS )l .ICY .. l7 hI"( )RSl-Ill? )RlilC?rN NAIR INALS ILICY [7 RH . I 7 Bactq?rround lnvestimtions I7 (Conflicts of Interest . I3 Sexual Ilamssment ?21 (lnlinc Sexual l-Iarassment Prevention 'I'rnining Program 22 Discriminatory Harassment 23 Guidelines for Dealing With Issues ofh?exual and Discriminaton' Harassment 23 )ilier Issues I Ioncerning the Conduct of .VIembers of the University 27 I Equal I'imployment )ppt vmmity . .. 28 I implr :yec ol- induct 28 References]Employment \ertt'ication30 I?umily Educational Rights and Privacy Act I?rccdomuf Artistic Hiring Independent Contractors 3 I Intellectual Property Rights '52 ;\'epotism Policy 32 Smoking l?olicj.? . 3 2 Snow and )ther Emergency Infoimition33 Policy .. . 33 Workplace Violence Policy . 34 I Inzn rd Communication Policies I 5 Pl I'Nll IN Bargaining l?nlicy 38 of Language 8 Policy against Discriminaiiun bccausc of Uninn Activiry 18 ?llw Rule of the Inion Shop Stcwurd 'I'inu- fur ['nitm Buxmux'l?) (Lunduct uf Union Of?cials - 39 (Lnnduct ofSupL-rvisors 39 It'ricial L'nion Meetings 40 Bullcrin Boards 40 (IN USU, (II: EQUIPMENT . 4O l-l-mziil Usc 40 Intci'nct Use 40 and Websites and Blugs . 4t) l?x?cl? Responsibilities 4l th'cminn (if I 'nivcrsiry Rounds . . 43 Safeguarding: Dara and Inf-innam in Sccmiry Establishing nr Changing a Posim in (Ilassi?catit 75 Dcu-rminmi:m Individual Salarics 75 Annual Performance Rcviuw 75 l-{ligilnlity and Effective Dates 76 Review Schedule and PIOCCSS 76 Salary Payments . ..76 Dcpusil 76 Payr: ill Dcducuonx' 77 3; 77 and CONVERSH PRIVIIJEGISS ..77 ABSENCE . 78 )RliliRS? . 79 Slil'TK 4: IN AND 30 80 l?lnuling lulidays . 80 Religious Holidays 80 (?lnsc Summcr Schedule 30 IN Vacuum and Scheduling )f Vaczuiuns . 8I \?ncnlinn Accrual :md Eligibility 8] Part-time, and Employees 3 I Vacation in Individual Days 8 \?ncnnun Accrual Curry Iver 8 \V'urk in Lieu Hf \?ucuriun 8] Vacurinn and Internal ?l'mnsfers 32 This OF I Inlidnys on Vacation 82 TM lir'fccr of Military. Maternity or )ther Mum?s ?if Absence. 82 The lift-cm Status 82 Vaculinn l?ay Upon 'l?emiinariun ?if [Employing-m . 82 SICK .ITY . 82 Sick raw 82 Ml] IF. SI .I4 I Bl?iRl?.? EMENT Ii 83 leRY Returning Universny Propertv .. . .. 8-1 . Employment Veri?cation . . . . 84 Benetits.. .. . .. Unemployment Insurance. 84 KHAN OFFICE OF HUMAN RESOURCES OFFICF Ut l?urchasmg . . . . The Accounts Payable . 8- 'l'lie Accounting Department . 86 The Pm'mll Department. . . . 36 GENERAL AND . 86 l?rueedure t1 (lands and Services Purchase with Purchase (loodx and Servicm Purchased without Purchase )rders lliF'l' 87 .. 87 ['nix'ei?sit} (Im'ered .-\cenuntx .. . . . . . Identifieztrit of Red Flags Detection Responding fl) Red Flags and Mitigating Identity Theft . Set?xiee l?tm'ider Administration and 90 BUSINESS EXPENSE . )0 .\lluwnhle Business l?lxpemes. . Bene?ting Faculty. Staffur .. 90 Busineus Expenses 91 Re?pnnsiltility and . and Payments to \endorx .. l?premliture . . . 93 Tax ?nun"..u J.) . . 94 Pt ll?) 96 (lenerztl (Innsitlcratinnx .. . .96 . )h . . 97 Meals no.)7 Telephone and Internet Huge ..97 and ReimbursL-mcnt 97 Pmper Dmnm?tenmtinn .. .97 . 98 Timing nt' liix'enr and . .. 98 (Mice Reimbursement lnt?nrmatinn by Expense 'l'nwc Receipt Methnd (Actual l\p:nxe\) . . 99 Rumbuixumnt .. . ?Thor \IL-uus ut' I?t'i'x- snul "11'3ch (?ombincd with Busiucss 'huvcl 99 Felt-plum: Calls. . .. . .. . The I'Tmpiuyco and Student Repmr IOU 'l'imcly 100 Signamrc I00 on \LLnum R: 100 TM .. 100 New York Sml'L- ?It? '12? and New YurL Cit'v Jccupancy 100 Reimlnuscanl a 1:1wa and )thtr I'L'Iatcd [axes 10 31S laxahlc 1an ant it()thr SmrL-s andf omnrics.. .. . ;\un MIN 1-. 11 \Nl (1V1 (II Mi 1 .. .. I03 M?idgpl?mne} .W -. . .m 103 11RLgisrrd-r?s Off?mu . "103 Of?ce I04 FINANCIALSERVICES . . 104 .KI: (WK . Im?umm \LiLirL'sn' . I04 >I'it.l.'RI'i'Y. 10-} Mridcnt?x .md . I 05 105 Reports . . . . . 105 I [or Lines 105 .I I05 Sccuriq,? Guard 105 HM) l?ru ilegcs . . [06 \ddil?inmll P4 or Utbrcu-(mmting Program.? Audin?Yjsual \ids .107 D. In the event that the Provost or the Executive Vice President decides to refer the conflict of interest situation to a sub-committee, the sub-committee shall consist of three members. If the conflict involves a Designated Faculty member, the sub?committee shall consist of a member of the Of?ce of the Provost and the Senior Vice President for Human Rescurces or her designee and a representative from the Office of the General Corinsel. If the conflict involves a Designated Administrative Employee, the Senior Vice President for Finance and Business or his designec, rat-her than a representative from the Of?ce of the Provost, shall be the third member of the sub-committee. \Whilc disclosure of a con?ict situation or potential conflict situatiOn is required at the earliest time practicable, once a situation has been identi?ed as an issue for sub?committee review, the sub-committee need not be convened to review the situation until the potentially con flictcd party (associated with a covered individual under the Policy) has been selected after a competitive process. After consideration of the matter, the sub?committee will make a recommendation to the Provost or Executive Vice President, as appropriate, on whether the conflict should be approved or disapproved. All recommendations to approve a con?ict must be based upon a clear showing that approval of the conflict of interest situation is ?in (be bar! interim a tuba/amid] bene?t to tire [.lzzimrig?.? Any recommendation that a con?ict of interest situation be approved must be sent by the Provost or the Executive Vice President, as appropriate, to the President and the Vice President General Counsel for final review and approval. It. Any individual covered by the Policy who discloses a conflict of interest situation or a potential conflict of interest situation shall not be preSent at the portion of any meeting in which the subject is discussed, nor shall that individual participate in any way in the discussion of or decision on the subject, except to answer pertinent questions by or to provide relevant information to the sub?committee or the President and the Vice President General Counsel. An annual report ofall potential conflicts reviewed by the sub-committee shall be submitted to the Chairman of the Audit Committee. V. Annual Certi?cation All individuals covered by the Policy shall review the Policy annually and shall complete a written certi?cation in the form annexed hereto that he/ she has read and reviewed the Policy and is in compliance with the Policy and has disclosed information as required through the annexed form. Failure to disclose situations that may constitute a conflict of interest or to timely submit a completed and accurate Annual Disclosure 8: Certi?cation form each year may, after investigation of any alleged violation of the policy, lead to disciplinary or corrective actions. Trustees, Of ficers, Deans or Executive Directors, Key Employees, Members of the Board of Governors and similar advisory committees shall file such certification with the Of?ce of the Secretary of the University. Designated Faculty and Designated Administrative Employees shall file the certi?cation with the Office of the Senior Vice President for Human Resources. The Of?ce of the Vice President Secretary of the University, Office of the Senior Vice President for Human Resources, together with the Office of the Vice President 8: General Counsel, shall have responsibility for administration of this Policy. Sexual Harassment The New School is committed to creating and Sustaining a University environment in which students, faculty, and staff can study and work in an open atmosphere, unhampered by discrimination. This commitment is explicitly stated in all descriptions of University programs and in all the of?cial catalogs of the academic divisions of the university. The University?s statement on non-discrimination is: "The New School, as well as its individual divisions, is committed to a policy of equal opportunity in all its educational activities, admissions, scholarship and loan programs and employment. It does not discriminate on the basis of race, color, national or ethnic origin, citizenship status, religion. sex, sexual orientation, age, physical handicap, veteran or marital status." As a necessary part of its commitment to create and sustain an environment free of any kind ofdiscrimination, The New School commits itself to prohibit sexual harassment and to confront and deal with it when it occurs. Sexual harassment is defined in this policy and procedures have been established for responding to concerns, allegations, and questions about sexual harassment brought by any member of the University community. The University's goal is to create a community free of sexual harassment. To do so requires good judgment, awareness, and intelligence. To sustain this kind of community also requires directness and clarity, since many members of the community may not immediately recogniZC instances of sexual harassment and the consequences of Such conduct on individuals and for the community. In order to achieve the goal of a community free of sexual harassment, standards of behavior and procedures for dealing with breaches of those standards must be established and implemented within the context of academic freedom. - Education of the community on this issue will also be necessary. The Universitysecks to sustain a high standard of behavior and to correct breaches of that standard, regardless of whether the offending behavior would meet external legal standards of the term sexual harassment. Our goal is to deal directly and clearly with this complex issue. As in the case of any disdplinary issue, formal procedures may be invoked when complaints cannot be resolved informally. De?nition of Sexual Harassment Generally, sexual harassment is conduct that exploits power or authority in order to elicit sexual submission, or inappropriate sexual conduct that creates an intimidating, hostile or abusive environment for working, learning or enjoying other opportunities and activities. Sexual harassment can include a wide range of behaviors, from the actual coercing of sexual relations to inappropriate sexualization of the working or learning environment with words, materials or behavior. It may involve women being harassed by men, men being harassed by women, or harassment between persons of the same sex. The liederal Equal Employment Opportunity Commission has issued guidelines that provide a basic definition of sexual harassment. While the EEOC guidelines apply only to faculty and other employees, the University prohibits sexual harassment of any member of the University community, whether such harassment is aimed at students, faculty or other employees. Based upon the EEOC guidelines, and for the purposes of this policy, sexual harassment is de?ned as unwelcome Sexual advances, requests for sexual favors, and other expressive or physical conduct of a sexual nature, where 0 submission to such conduct is explicitly or implicitly made a term or condition of employment or status in a course, program or activity; or 0 submission to or rejection of such conduct is used as a basis for an employment or academic decision affecting the individual, or for a decision regarding an individual?s status in a course, program or activity; or 0 such conduct has the purpose or effect, when judged from the perspective of a reasonable person in the position of the complaining individual, of substantially interfering with an individual?s work performance, or with an individual?s enjoyment of other University opportunities, programs and activities; or 0 such conduct has the purpose or effect, when judged from the perspective of a reasonable person in the position of the complaining individual, of creating an intimidating, hostile or offensive environment for working, learning, or enjoying other University opportunities, programs and activities. Sexual harassment is generally found to be in two-distinct forms. Quid pro quo sexual harassment occurs when an individual makes an explicit proposition for sexual favors in return for express or implied job benefits or academic decisions, or where rejection of such a proposition is to be used for, or negatively effects, job bene?ts or academic decisions. Hostile environment sexual haraSSment occurs when conduct (either through its severity and/ or its repetitive or consistent nature) has the purpose or effect of substantially interfering with an individual?s work or academic performance, or creates an intimidating, hostile or offensive working or learning environment. Unwanted ?irtatious, advances or propositions of a sexual nature, or unwelcome comments ofa sexual nature about an inclividual?s body or clothing, whether conveyed orally, in writing or by electronic transmission, or unwelcome touching, such as patting, pinching, hugging, or brushing against an individual?s body are illustrations of the kinds of conduct, if engaged in by an individual repeatedly and consistently, which could constitute hostile environment sexual harassment. Online Sexual Harassment Prevention Training Program . . . . . . . . . . The University has nnplemented online sexual harassment training software by New Media Learning called, Preventing Sexual Harassment", to supplement its current training practices on sexual and discriminatory harassment. This online program is comprehensive, user friendly and can be accessed 24 hours per day/365 days per year from any computer with internet access by IOgging on to The entire training program can be completed in 60 minutes. For those who do not have access to a computer, a dedicated terminal is available in the Of?ce of Human Resources located at 79 Fifth Avenue, ?18th floor. The New Media web site gives clear instructions for completing the training program, lists an email address for Human ReSOLlrces where questions and concerns can be emailed in con?dence and contains copies of all relevant University policies and procedures. Upon completing the program, a Certi?cate of Completion is issued and the results (pass/ fail) are mailed to the Of?ce of luman Resources for ?ling. All new employees of the University are required to complete this training within the ?rst 30 days of employment. Discriminatory Harassment The New School is committed to being an academic community that is racially and Culturally diverse, that values mutual respect, human dignity, and individual differences, and that is supportive of intellectual, artistic, and professional growth. These bene?ts are compromised when individuals or groups Within the community engage in acts of discriminatory harassment and coercion against other individuals or groups, including intimidation by threats and/ or acts of violence or personal vili?cation on the basis ofracc, color, religion, sex, sexual orientation, ethnic origin, physical or mental disability, age, marital status, or other personal attributes. Such acts undermine the fundamental values of the. entire community and contribute to a hostile environment which may limit or deny access to the educational process, not just for those subjected to such acts but to the community as a whole. Acts of discriminatory harassment are prohibited. This policy is not intended to discowage the expression of ideas that, while they may be offensive, are protected by the university?s Policy on the Free Exchanne of] eas and the university?s Statement on Freedom of Artistic Harpies; 5 ion, and by the First Amendment of the Constitution of the United States. Speech or other expression constitutes discriminatory harassment if it: 1. deliberately insults, stigmatizes, threatens or intimidates an individual or small group of speci?c individuals on the basis of race, color, religion, sex, sexual orientation, ethnic origin, physical or mental disability, age, marital status or other personal attributes; and is addressed directly to the specific individual or individuals who it stigmatizes, threatens, or intimidates; and 3. makes use of ??ghting words? or non-verbal symbols. to In the context of discrimmatory harassment, ??ghting words? or non~verbal symbols are words, pictures or symbols that are, as a matter of common knowledge, understood to convey direct hatred or contempt for human beings and that by their very use in?ict injury or tend to incite an immediate breach of the peace. Individuals who believe they have been subject to discriminatory harassment in violation of this policy may obtain redress through the university's sexual and discriminatory harassment complaint procedure, or, where applicable, the collective bargaining agreement, as described below. Guidelines for Dealing with Issues of Sexual and Discriminatory Harassment The Board of Trustees of The Newr School has approved the preceding Policy on Sexual larassment and Policy on Qiscriminaton? Harassment. These policies provide a discussion of the standards of behavior to which the Univetsuy community adheres in this regard. These policies are statements of values and standards; they do not include procedures. The following Guidelines for Dealing with Issues of Sexual and Discriminatory Harassment have been established in order to provide a structure and procedures for dealing with actual charges of sexual or discriminatory harassment as de?ned in the policies. The procedures uphold the basic requirements of fairness and accord full consideration and respect to the complainant and to the person complained against. These Guidelines are for members of the University including faculty, students, and administrative staff. For clerical union employees, the university?s sexual harassment and discriminatory harassment policies have been incorporated within the Current collective bargaining agreement with the union local. There are two chfferent procedures to be 23 followed depending upon the status of the employee bringing a claim of having been sexually or discriminatorily harassed. If a claim is brought by an employee of having been harassed while in the status of a clerical union employee, it will be handled through the grievance machinery established in the collective bargaining agreement. If the claim of harassment is brought by a member of the University while in the status of a student, administrative staff or faculty member, the university?wide sexual and discriminatory harassment procedures will be followed. An employee cannot utilize both procedures simultaneously. The niversit)r has assigned a member of the administration (name or title) to the task of prodding detailed information and guidance on the process to both the complainant and the person complained against. Steps in bringing a complaint of sexual or discriminatory harassmen Initial discussion of a situation by complainant with a designated of?cial in an effort to resolve the problem. 2. . If Step 1 is not successful in resolving the matter, complainant may submit complaint, in writing, to a Panel ofthe University Avide Committee On Harassment for its consideration and recommendation. If the accused or the alleged harasser is not satisfied with the resolution of the matter, he or she may request, in writing, that the matter be forwarded to the University ?wide Committee on l-Iarassment. 3. Provost reviews the recommendation of the Panel of the University ?\vide Committee, and decides on a penalty, if appropriate. When the Provost announces the decision, the alleged harasser or the complainant may request the Provost reconsider the decision and/ or the penalty. The Provost?s decision after this recommendation, if any, is final. 1. lnitial discussion with designated Of?cial Because sexual or discriminatory harassment is often difficult to discuss, a complainant may vant to speak ?rst with a designated of?cial. A complaining party should speak with one of the following designated officials: Students Senior Vice President for Student Services Faculty Staff Senior Vice President for Human Resources or the Of?ce of the Vice President 8: General Counsel In the event a complainant believes that his/her designated of?cial may have a con?ict ofinterest, or for other compelling reasons, he or she may speak with any other designated official. Upon being notified of a complaint, the designated official shall immediately inform the Provost. The designated of?cial may appoint another individual, to assist in the investigation of the complaint. Whether handled by the designated official and/ or another appointed of?cial, the purpose of Step 1 will be the same: to make a full, good faith investigation of the complaint and to recommend disciplinary actions, where appropriate, and corrective or preventative measures. In the course of the investigation, it is expected that the consulted will speak with the complainant and alleged harasser to ascertain the facts. The individuals consulted should be discreet and ?exible in deciding how to accomplish this end most effectively. The individuals consulted in Step ?1 will remind the complainant that he or she can decide to move to Step 2 at any point during the investigation. When the investigation is concluded, the designated official should submit a con?dential report, within thirty {30) alendar days, of the outcome to the Provost. If the complainant chooses to continue the process to Step 2, Or if the alleged harasser chooses to continue the process to Step 2, he or she may also request that the Provost should forward the case to a Panel of the university?wide Committee for its consideration. 2. Review of the com laint bv a Panel of the universi r?wide Commi on l-larassment A. Composition of the Committee The university?wide Committee is a standing committee of six persons selected annually by the Provost of the university. The Committee shall consist of: two faculty; two administrators; and two students (one undergraduate and the other a full?time graduate) selected from nominations submitted by the Senior Vice President for Student Services. A Panel of three (3) Committee members will be selected to hear each case referred to the university?wide Committee on Harassment. A Panel will be selected in the following manner: the complainant and alleged harasser (hereinafter referred to as the ?responding party?) may each select'one member from the six-person standing committee and the Provost will select the third member. The Chair will be appointed by the Provost. However, the students shall not be selected for a Panel where a case does not involve a student as either a complainant or responding party. A student 24 complainant may also request that students no participate on a Panel and only one student may be chosen for any one panel. Any member of the university?wide Committee with an interest in the matter, who has activelyr participated in the Step 1 process, or who the complainant or the responding party justi?ably maintains has a conflict of interest, may be asked to disqualify himself or herself from participating on a Panel. 13. Panel Procedures \?C?here a Complainant or the alleged harasser seeks review by a Panel of the university?wide Committee, he or she must submit. a written appeal explaining the reasons for seeking committee review to the ?ndings and/ or disciplinary actions recommended in the con?dential report. Such appeal must be submitted to the Provost within twenty (20) calendar days of the conclusion of Step '1 proceedings. A complainant?s written complaint must include the following: (1) The complaining party?s name, campus location, and status within the University community, including title, department, and academic division, if appropriate. (2) A description of the act(s) alleged to have occurred and the complaining party?s reasons for concluding that it constitutes sexual or discriminatory harassment. (3) The name and position in the University community held by the person or persons who committed the alleged sexual or disuiminatory harassment. (4) Copies of doCuments or other materials, if any, that may be relevant to the alleged sexual or discriminatory harassment. (5) The date(s) and time(s) on which the sexual or discriminatory harassment occurred. A list of individuals who the complaining party believes were in a position to witness any of the alleged acts of sexual or discriminatory harassment or may have other relevant informtion. (7) A statement indicating whether the complaining party has initiated a court action or filed a charge sexual or discriminatory harassment concerning the alleged act(s) with a state or federal agency. (8) A statement indicating the remedy sought by the complaining party. (9) The signature of the complaining party. A copy of the complainant?s written complaint or the responding party?s written statement seeking Committee review will be forwarded to the Provost, who will forward same to the Panel Chair. Provost will also provide the complainant and responding party with the other party?s written statement and each party shall have fifteen 5) calendar days from the Provost's mailing of the parties? written statements to prepare a response, which shall be provided directly to the Panel. Upon receiving written statements and responses from the complainant and responding party, the Panel shall meet and determine whether the complaint warrants a formal investigative hearing. The Panel may dismiss the complaint here or choose to proceed to a formal investigative hearing. If the Panel decides on a formal investigative hearing, the Panel will provide the complainant and responding party with a document specifying in detail procedures it should follow for the hearing. The complainant and responding party will have the right to have an (one) adviser from the University community present during the formal investigative hearing. This person may not be an attorney. The procedures will ensure that the rights of the responding party are protected as well as those of the complainant. At any time during the Step 2 process, the Panel shall have the authority to enter into an informal resolution of the complaint that is acceptable to both the complainant and responding party. Upon informal resolution of a complaint, the matter will be deemed closed. 3. Actions of the Panel After the formal investigative hearing, the Panel can dismiss the complaint, make a recommendation of a ?nding of harassment, without recommending a penalty, or can make a recommendation of a finding of harassment with a recommendation of a penalty to the Provost, where necessary. When the Panel concludes that the case requires a penalty, it shall use the basic structure of penalties common to established disciplinary procedures at the university, in increasing order of severity depending on the nature or gravity of the violation of University policy. (For students, faculty, or staff these penalties will have different signi?cance and?practical consequences.) The basic structure of penalties is: 25 \X/arning, verbal and or written Censure Disciplinary Probation Suspension Dismissal Any of these penalties may be combined with a recommendation that the alleged harasser seek professional counseling The Panel may' suggest other penalties, as appropriate. W?hether the Panel dismisses the complaint, makes a recommendation of a ?nding of harassment and recommends a penalty or not. it shall submit a con?denlial report on the ease to the Provost. The Provost will keep a record of all cases of sexual and discriminatory harassment that are reviewed by the university?wide Committee, as well as a record of those cases that have been dealt with at Step I. When the Panel has completed its deliberations on a case, if it determines that a penalty is necessary, the Panel will inquire of the Provost whether prior cases exist in which either the complainant or the alleged harasser was involved. The Provost will provide this information in stunmary form. Once the case is concluded, the Provost will review the Panel?s report and determine whether the finding and the outcome reeon?tmended by the Panel shall be affirmed or modified. he Provost may investigate further, if in his her discretion, it is necessary. The Provost will then inform the complainant and the responding party of the Provost?s ?nding and the outcome. The complainant or the responding party may ask the Provost for reconsideration. The Provost may send the matter back to the Panel for deliberations, or the Provost may investigate the matter further, before concluding on the reconsideration. The Provost?s decision is ?nal. Genera} Considerations "liming In order to preserve a healthy environment for education in the University community, complaints of sexual or discriminatory harassment should be dealt with in a timely fashion. Except for good causa, a complainant must initiate the process by taking Step I no later than sixty (60) calendar days after the alleged harassment has oCCurrcd. After Step 1 has been initiated it should be dealt with within twenty (20) calendar days. After Step 2 begins, it should take no longer than two months after receipt of both parties? written statements and responses to complete. A matter will be concluded no later than three months after the initiation of Step 1 proceedings. This is a blueprint for a schedule, but the goals of fairness and full consideration may extend (or accelerate) the schedule, when necessary. Confidentialiw The Panel must seek to determine the facts of the ease in order to make a fair determination and ?nding in as con?dential a manner as practical. The members of the Panel 01' designated Of?cials reviewing a case at Step 1 shall not: discuss a case except in formal sessions dedicated to that purpose. The privacy of both parties to a case will be respected insofar as possible. Protection from Retaliation All individuals involved in the consideration of a complaint of sexual, discrimination or disability harassment will be protected from retaliation, Such as threats, false countercharges, the punitive use of grades, arbitrary dismissal, or denial of promotion. Individuals should be protected from retaliation both during and after a complaint is considered. Any indication of retaliation should be reported to the designated of?cial who is (or was) responsible for the comideration of the case during;r Step 1 proceedings. He or she will review the facts and recommend appropriate action. Um'versity Discipline Since our goal is to deal directly and clearly to prevent and to correct sexually harassing behavior, in cases of severe harassment (id, involving sexual assault, quid pro quo sexual harassment, multiple charges, or a history of complaints), the University reserves the right to take summary disciplinary action pursuant to the University Code of Conduct and or pursuant to existing University employment procedures, including those contained in the Institutional Policy Manual and the Guidelines On The Rights and RespOnsibilities of Faculty contained in the Full-Time Faculty I landbook, and any similar policies found in any of the collective bargaining agreements. MyNewSchool Page 1 of 2 Search Non Responsive Change Passwo'd 8 i Ed". 0U are CJT n. 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Equipment Reservations Schedule AV Delivery or University Event Support Introduction Sprocket is a web-based management system that Human Resources streamlines the Work Order submissuon process. :?e?gtr?gztr? It allows faculty and staff at The New School to Print 0 ut Academic Calendar submit work requests to the Department of Facilities Management. The system also allows AV Serwces (.pdf) Af?rmative Action Program Executive users to track the completion of work orders Summary (pdf) IT Security Tips . onllne. Essentials Discounts for Employees of The New School Security for Your Computer How Do I Get To Sprocket? ic N1 mp at Suspected 1 or Click here to log into Sprocket automatically. Policies Employee Evaluation 10 Simple Lab Rules Institutional Policies and Procedures Manual HOW DO 1 Use Software . Download the Sprocket User's Guide for User Responsibilities Institutional'Policies and Procedures Manual detailed instructions on how to submit Work Information Security (lpdf) Orders through the Sprocket system. Guide to Data Classi?cation (.pdf) Payroll Schedules ace Reservations University Facilities Committee I?l? Training and Development Calendar Wellness at The New school workshops The University Facilities Committee (UFC) A includes representatives from the students, faculty, administration, deans, and university University Travel facilities staff of The New School. The committee serves a consultative role in the programming and design of the new PeopleAdmin University Center in addition to addressing university-Wide space and planning issues. University Holiday Schedule The New School's Onllne Application System (PeopieAdmin) enables the University to provide UFC Documents Hiring Managers and internal applicants an effective and ef?cient system for conducting searches for University wide available positions. 1. UPC Meetmg Agenda (8/24/10) in the Hiring managers can use this system to review 0'0260 Room applicants upon their submission of an application, 2- University Center update presented bY commence interviewing and also finalize a search (6/24/10) . all in a virtually paperless environment. 3- UFC Presentation on univerSIty Center (6/24/10) - 4. Open House Presentation (5/6/10) - Hiring Managers Rewew your current available positions 5. Open House Presentation (2/18/10) User Manual Current Opportunities lnh: at Thu Now 6/ 1 5/201 1 1v1yNew5c11001 Page 2 of 2 The New School Student Af?liation Card Com'right SunGard Higher Educat-on 1998 2008. Top HIGHER EDUCATION 6/ I 5/20} 1 Current Students Eugene Lang College Page I of 1 Seamh Eugen? Lang Cci"ege Th2. New 52?me for Llheral The New; . Grad Expo Quick Links ?cum: Scheatum Course Emamfs; s17. rs: Area Internahiy? Cemmunity. Min-Em: Szudvina abroad Freancjya! Aid Acmecmc. C51 lesedar Events; Gazendar Modem}; Edy-tang. ?cadnmi; Pong.- Urns-ewe?! Dlretmf?r MyNewSchool :5 a unrarsaly penci- wllerv mn must. webmal', median-1., course Sillc?uzcs, andsuc causes, regislrelzar. grain, and rich- Stu dent Services $444ch sen/?ms (m un?oe'matan c" Steden: Homing. Plumb! Sc-wueb, Sm dues. Drvu'comlmL Flnailzlal Starr-:95, and nae . Office of the Registrar 00 764 new are: :2 an 5 ms? Dc vou have :recin vu nee-I transfeu? The. since?! the Reg-strar -.an M0 yeu will run reqscaluon a-m mess 6 2011 The New Schocl Eugene Long Gauge The New School for uberai Arts, 65 West 11m Street, New York, NY 1001 Academic Freedom: Free Exchange of Ideas An abiding commitment to preserving and enhancing freedom of speech, thought, inquiry, and artistic expression is deeply rooted in the history of The New School. The New School was founded in 1919 by scholars rewarding to a threat to academic freedom this country. The University in Exile, progenitor of The New School for Social Research, was established in 1933 in response to threats to academic freedom abroad. The bylaws of the institution, adopted when it received its charter from the State of New York in l934, state that the ?principles of academic freedom and responsibility have ever been the gl0ry of the New School for Social Research.? The New School, since its beginnings, ltas endeavored to be an educational community in which public as well as scholarly issues are Openly discussed and debated, regardless of how controversial or unpopular the views expressed are. Providing such a forum was seen, from the first, as an integral part of a university?s responsibility in a democratic society. The New School is committed to academic freedom in all forms and for all members of its community. It is equally committed to protecting the right of free speech of all outside individuals authorized to use its facilities or invited to participate in the educational activities of any of the university?s schools. A university in any meaningful sense of the term is compromised without unhindered exchanges of ideas, however unpopular, and without the assurance that both the presentation and confrontation of ideas takes place freely and without coercion. In this context and because of its educational role as a forum for public debate, the university has deep concern for preserving and securing the conditions that permit the free exchange of ideas to ?ourish. Faculty members, administrators, staff members, students, and guests are obligated to re?ect in their actions a respect for the right of all individuals to speak their views freely and be heard. They must refrain from any action that would cause that right to be abridged. At the same time, the university recognizes that the right of speakers to speak and be heard does not preclude the right of others to express differing points of View. However, this latter right must be exercised in ways that allow speakers to state their position and must not involve any form of intimidation 0r physical violence. Beyond the responsibility ofindividuals for their own actions, members of the New School community share in a collective responsibility for preserving freedom of speech. This collective responsibility entails mutual cooperation in minimizing the possibility that speech will be curtailed, especially when contentious issues are being discussed, and in assuring that due process is accorded to any individual alleged to have interfered with the free exchange of ideas. Consistent with these principles, the university is prepared to take necessary steps to secure the conditions for free speech. individuals whose acts abridge that freedom will be referred to the appropriate academic school for disciplinary review. Equal Employment and Educational Opportunity The New School is committed to creating and maintaining an environment that promises diversity and tolerance in all areas of employment, edtICation and access to its educational, artistic or cultural programs and activities. The New School does not discriminate on the basis of age, race, color, gender or sexual orientation, religion, religious practices, mental or physical disability, national or ethnic origin, citizenship status, veteran or marital status. Inquiries concerning the application of the laws and regulations concerning equal employment and educational oppontunity at The New School (including Title Vl~equal opportunity regardless of race, color or national origin; Section 504-equal opportunity for the disabled; and Title IX equal opportunity without regard to gender) may be referred to: The Of?ce of the General Counsel, The New School, 80 Fifth Avenue, Suite 800, New York, New York 1001 l. inquiries may also be referred to: the Office of Federal Contract Compliance Programs, US. Department of Labor, 23 Federal Plaza, New York, NY 10278 or the US Equal Employment Opportunity Commission (EEOC), New York District Of?ce, 201 Varick Street, Suite 1009, New York, NY 10014. For individuals with hearing impairments, TDD number is (212) 741-3080. Students or employees who believe they have been discriminated against on the basis of a disability may contact their Division?s Dean Of?ce, their department director, or the Office of the Senior Vice-President for Human Resources and Labor Relations, who is the university disability of?cial. Family Educational Rights and Privacy Act The Family Educational Rights and Privacy Act of i974, with which The New School complies, was enacted to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for correction of inaccurate or misleading statements. The New SchOol has established the following student information as public or directory information, which may be disclosed by the institution at its discretion: student name; major ?eld of study; dates full- or part-time enrollment status; your level; degrees and awards received, including dean?s list; the most recent previous educational institution attended, addresses, phone numbers, photographs, entail addresses; and date and place of birth. Students may request that The New School withhold release of their directory information by notifying the Registrar?s Of?ce in writing. This notification must be renewed annually at the start of each fall tcmt. The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include: The right to inspect and review the student?s education records within 45 days ofthe day the university receives a request for access. 73 Rights Responsibilities Sexual Harassment Complaints 2009: None 20 Non Responsive 2011: (moxm Sexual Assault Complaints 2009: ammo) 2010: No Complaints Received 201 3 ammo) . Generated by: TM New School ne n: JUdlClal Action rate 0 Non Responsive Incident Summary Report Incident police information Were residence life or housing staff members notified about the incident? No Did the police/security department make an official report of the incident? No Police Departments: Incident main information Non Incident Number: No? Re5p?nswe Incident Date: ReSponswe Referral Date: Incident Time: Incident Type: Respondent: Non Non Responsrve Respondent Id: Responsive Respondent name: Respondent type: Arrested: No PHYSICAL Physical harassment includes but is not limited to inappropriate touching of any person HARASSMENT or similar conduct that threatens or endangers the physical or emotional health and/or safety of any person on university-owned or -controlled property or at university-sponsored functions. Non Responsive Referrals: Re5p?nswe Affected part/Victims: Residence Hall Director No Victim Witnesses: Non ReSponswe Place of incident: Housing Staff member Zone: Residence Halls Location: Marlton House Room: oom Speci?c location: Narratives: at approximately? 2 Monk/1 me (RHD Lucas Bierlein) to report the as in the RA Office and had reoorted a physical sexual violation that occurred the night before. When I came down.? (withHin the room) that last nigh-she and friends had been hanging out and drinking in room: says 5 ad too much to drink and could not make it up to her room. She says that-then invited her to stay in his room. She says she passed out on his bed at around 2:00am or so. and awoke at 3:00am to a physical act occurring. She says she immediately left the room. She reported this event to her mother this mornin who encouraged she come forward with this information-and I reported this t- after meeting withh 5/6/09 NOTES Non Responsivel Also present: Non Responsivel Student stated that on-he was i- She state that she and other students had been drinking beer, playing drinking games. She stated that she and -were pretty drunk. She was unable to return to her room as she was very intoxicated.- and his roommate then told her that she could just stay in the room. She recalls "passing out" on his bed and she suspects that he lay down next to her. She said that she then started to wake up slowly after what she estimated as about 10-15 minutes. As she was waking up, she felt a iittle confused about where she was. She described feeiing like she was being touched all over her body. She stated that all her clo es tvere still on. She then felt as if ?someone? was moving her arm for her. She realized that R8232 as ?jacking himself off" with her hand. His pants were off. She than fully woke up, said something to the effect of ?What are you doing?" and rushed out of the room. As she was leaving, his roommate was leaving as wait and she recaiis saying to the roommate something to the effect of ?your roommate?s a douchebag.? Student said that the roommate did not witness the incident. The foiiowing morning-caiied the student to tell her that she left her shoes in his room. She told him she did not want to speak to him then hun u. She went to class and when she returned to the building, she spoke to reported the incident. Prior to that she had calied her boyfriend and her mo er. On student and tried to start off the conversation with small ta She said she called him an ?asshole" and told him what happened. Student said thamctaims not to remember the incident and thought that he just tried to kiss her. Student said that he was apologetic and said that he would reach out to his RHD and ?confess" everything to him and tell him that she would not have any reason to lie. Student shared that last semester, another incident had occurred. Again, she and-had been drinking and were both drunk. She said the-ut his hand down her shirt and had been rubbing her nipples. She said that she was angry but decided not to report it. She said that the two of them just worked it out and that they were best friends. THE NEW SCHOOL FOR GENERAL STUDIES TEE FOR SOCIAL RESEARCH MILANO all WENT AND URBAN POLICY I FOR DESIGN EUGENE LANG COLLEGE rec: 7723? a FOR LIBERAL Ants MANNES COLLEGETHE NEW sum FOR MUSIC - FOR DRAMA NEW SCHOOL FOR .IAZZ AND CONTEMPORARY MUSIC 31?Mira: 4-day May 12, 2009 Fifth Avenue, Fifth Fl New York. NY 10003 212.229.5349 f212.229.5166 Student Rights and Responsibilities Non Responsive Non Res onsive I am writin to summarize the discussion and outcome of my disciplinary review meeting with you ?mi As you are aware, I received a report alleging that you had touched another student inappropriately. According to the report, she was in your room at the ?Residence Hall with you and other students drinking. The student said she was very intoxicated and that you offered to let her stay in your room since she was not able to get herself back to her own room. She reported to staff that she passed out on your bed and woke up a few minutes later to find that you were using her hands to touch yourself. This student also alleges that last semester you placed your hand under her shirt and touched her breast. At our meeting you said that you did not remember the incident because you were intoxicated. You said that you remember ?blacking out? on your bed with a 40 oz. beer container taped to your hand. You said that you were the only one in your bed at the time you blacked out and do not recall telling the other student that she could stay in your room. You added that you still had the alcohol container taped to your hand when you woke up. During our conversation, you stated that you ?can?t say it didn?t happen, but don?t recall the events.? You subsequently stated that you don?t see how you could have carried out these allegations with a 40 oz. alcohol container taped to your hand. With regards to the allegation of the incident last semester, you said that you only unbuttoned the student?s coat and then stopped yourself. You said that you did not place your hand under her shirt and touch her breast. Based on the information provided, we do not have enough information to pursue this matter further at this time. However, the behavior as presented by the student would, if accurate, constitute a violation of the University?s Student Code of Conduct and our Sexual Assault Policy. It is of particular concern to me that you were drinking alcohol inside the residence hall at the time of this alleged incident. Since this student did state that she did not feel unsafe being in the same residence with you, and did not wish for you to be relocated, I am allowing you to remain in t_ Residence Hall during the remaining week of the semester under the condition that you make no contact with this student. I remind you that you had previously been placed on Disciplinary Probation for the- -Academic Year for previous violations in the residence 1? alls that involved alcohol. This was communicated to you in a letter dated Non ReSponswe ?'om Mr. Tom McDonald, who was the Managing Director of Student Affairs at the time. I remind you again that you are under the legal drinking age of 21 in New York State and th_s a dry residence and alcohol is strictly prohibited. Based on my review of the incident, I find that there is suf?cient information to support that you were intoxicated and were in possession of alcohol in a dry residence while under the legal drinking age of twenty~one. Accordingly, you were found in violation of Section II.A.13 {Alcohol} of the University Student Code of Conduct. Your Disciplinary Probation has been extended through the end of the Fall 2009 semester. You are required to complete an on-Iine alcohol awareness program by no later than Friday. June 2009. ?Under the In?uence? is a seven lesson, three-hour course designed to provide you with important information on the affects of alcohol and drugs. To start the course, log on to You must have a valid e?mail address and access to an internet connected computer to complete this course. If you do not have a personal computer, you may go to the library or any computer lab on the University campus in order to complete this course. The cost for this program is $35, which will be billed to your student account after you complete the program. Instructions on how to log in and complete the course are enclosed. The Of?ce of Student Rights and RCSponsibilities will receive noti?cation of your successful completion of the course. Failure to comply With this sanction could result in further disciplinary action being taken against you. You are also re uired to com lete the online Sexual Harassment Tutorial by no later than Friday. 5t 2009. The tutorial can be found on the university?s website via the Human Resources page. The link to this page will be e?mailed to your New School e-mail account. Upon successful completion of the program, you should print out the Certi?cate of Completion and mail it to: Student Rights and Responsibilities, The New School, 79 5?h Avenue, 5th Floor, New York, NY- 10003. You may also e-mail an electronic copy as a PDF ?le to Furthermore. you will not be allowed to return to universitv housing in the future. Should you wish to appeal this decision, please refer to the appeal process outlined in Section IV of the Non-Academic Disciplinary Procedures. Speci?cally, you would put your appeal in writing to Thomas J. McDonald, Assistant Vice President for Student and Campus Life, 79 Fifth Ave. 5th Floor, New York, NY. 10003 or at mcdonalt@newschool.edu. Please be aware that you also have the right to request that your disciplinary record(s) be expunged. Details regarding the university?s Expungement Policy and the request process can be found on the Student Services and Student Rights and Responsibilities website via As an institution of higher learning, The New School af?rms certain basic principles and values, including respect for law and adherence to fair rules and regulations. We expect members of our community to uphold and abide by the basic principles and standards of behavior that underlie our educational purpose. It is my sincere hope that you utilize this experience as a learning opportunity and take advantage of the educational opportunities being offered to you Should you have any questions or concerns, you may contact me at (212) 229-5349, ext. 3653. 1 ne uno-DeLeon Director Student Rights and ReSponsibilities CC: THE NEW SCHOOL FOR GENERAL 7521: 533553.? Fill it?ll"- FQR SOCIAL RESEARCH t?f??f:ft; FDR fa. GEN-SENT MID i353 51233:? FOR DEIGN EUGENE 137175-35 i'r: FOR LIBERM ms MRNNES COLLEGETHE NEW Slim FOR MUSIC 2.1. FOR THE NEW SCHOOL FOR AND .- 79 Fifth Avenue, Fifth Fl New York, NY 10003 212.229.5349 212.229.5166 srraanemchooledu Student Rights and Responsibilities Non Responsive Die-arm: I am writing as a follow-up to our meeting on May 6, 2009. Also present at this meeting was Ms. Rosalie Siler, Director of Student Support and Crisis Management. My of?ce received an incident report from housing staff regarding alle gations of inappropriate conduct. You reported to staff that you had been drinking in thei N?n ReSponswe Residence when you passed out in another student?s bed. You said you woke up a few minutes later to ?nd that this student was being sexually inappropriate with you. Speci?cally, you said he was using your hand to touch himself. You then said ?what are you doing?" and left the room. You also reported that last semester, you had been drinking with this same student and he put his hand under your shirt touched your breasts. You said that you did not report this to anyone but did tell this student not to touch you again. You added that the two of you had been close friends and that the two of you worked the previous incident Out between the two of you. You said that you did not feel unsafe around this student and did not request for either of you to be relocated from the?Residence. You said that you reported this incident because you wanted the other student?s inappropriate behavior to be addressed. At this time, I will be pursuing this incident under the guidelines of our Student Code of Conduct and the N011~Academic Disciplinary Procedures. The student will be subject to the disciplinary review process and sanctions. My of?ce will not be able to share with you the details of the outcome of this process, but can assure you we are taking this incident very seriously. If you have any questions or concerns as to how this is being handled, please contact Torn McDonald, Assistant Vice President for Student and Campus Life, at (212) 229-5900 3656 or I would also like to take this Opportunity to remind you of the university?s alcohol policy. This information is also avaiiable on the Rights and Responsibilities website as well as in the Residence Hall Handbook. I encourage you to review the Code of Conduct and familiarize yourself with your rights as a student as well as your responsibilities. If you have any questions or additional concerns, please feel free to contact me. I can aiso provide you with information on SUpport services available at the university should you wish to speak ith someone about this incident on a con?dential basis. Sin erel Gene Puno-DeLeon Director Student Rights and Responsibilities CC: New School University Generated by: Responsive Generated on: Incident Summary Report incident police information Were residence life or housing staff members noti?ed about the incident? No Did the policeisecurity department make an ot?ciat report of the incident? No Police Departments: Incident main information incident Number: Non ReSponswe incident Date: No? Responsive Referral Date: incident Time: Incident Type: Respondent: Respondent Idr' Respondent name: Respondent type: Student Arrested: N0 2009.? Conduct Violations Conduct Violations Hearing Officers Puno-De Leon. Gene Referrals: Affected partNictims: Head Resident . Student - Resrdent Student Witnesses: Place of incident: Zone: Residence Halls Location: Non Responsivel Room: . No Room Speci?c location: Narratives: On Saturda Nonlat around- 'esidentJ Non Responsivelwent to RA. with her room mate, to taik. She told ?Nonlthat about 3 weeks ago she and the residents of Eli in room Cid-she was pretty intoxicated andl Non ReeronsiVEI of room- ted to his room and took advantage of her.-said that she andI Nonhad already talked about having sex and that she did not want to have sex with him. In the room-forced himself inside her and-says she very ctearly told?o stop. but he didn't. The next morningconfronted bout what happened and he said, "Sorry I get pretty persuasive when I'm drunk." says she is not comfortable with many peopie knowing what happened and also believes this might not be the first hm-? as sexually assaulted a resident. and that he has some issues (depression and he is atso bipolar).- encouraged to speak with a counselor and reassured her thatthe only people who would know about this incident are the people who are reduired to know.--oidhat some of the other peopie who were in the room saw-lead Res ons? Generated by: Non New School University Generated on' Incident Summary Report her to his room and they are willing to vouch for her. I Nonllhen contacted mel Non as I was on call that day. She explained what happened. I then contacted and asked her if she would like to speak to Respokwho was on call)_ or me.-aid she would speak with me and we could meet at 9pm that evening. At 9m on--met me in the office and i asked her to explain what happened to her. When .net with me she recounted the following incident: On-_in room-and -vere in his room. kissing and talking for the entire night. The next morning. they were in his bed and were ?making-out" and he "climaxed on his bed without any sexual activity". laims that from the beginning she had told him. ?No sex.- What il-her ex boyfriend) and get back together?? had just gone through a breakup and was vulnerable as hitting on and -said that-said that he ?loved" her. and that she was "beautifui and smart" -aid she didn't believe- but she was going through a rough break~up and-was there to focus her attention on. That that convinced her to go to his room. and she was willing. Non RESponsive a girl who was ere. is a witness to stumbling out of her suite and in to- room. A said that when she . ot in 00m. put her on his bed. and told his roommate. Non Responslve ho was with? to leave-aid that at this point her memory gets hazy and she could not recall exac at happened. She said she was extremely intoxicated and could not walk properly. She remembers lying on 0? bed, but cannot remember how she got undressed (she says she was naked by this point). She recaiis being very sick and dizzy. and telling-that she did not want to do anything (sexually). The following night on--was intoxicated to the oint where she said she could barely stand up. She said that she -recounts that throughout the night they were making out, but she said that he eventually "forced her head down after begging profusely to give his penis a lick/suck once". Afterwards. he "put {her hand on top of his penis and just left it there. Then he touched [her] and then [she] blacked out for a bit". [Tb??Ismambers Resbutting on a condom and her asking. ?What are you doing?" His answer to that was, ?I'm just being that she reminded him again that she was not going to have sex with him and he said, know. I am just being safe. l'll take care of you." .said that the next thing she remembers was him ?forcing himself inside She said that she pushed him away and said "Get out- I?m not having sex with that-esponded by saying, "We're not. Calm down." She said that he kept ?thrusting and forcing himself inside She said she pushed him and said get the fuck 01?. Then he tried to calm her down and said. ?I'll just stay here for she was too drunk and dizzy to answer by then. so she just stayed where she was and just closed her eyes. She said that the next thing she knewhim and was moving [her] hips and eventually. climaxed inside -said that she pass out after that and cannot remember anything else. She said that the following morning she got dressed and said to him. can't believe you did that-aughed in response. and said, "I?m sorry. I'm pretty persuasive when I?m drunk." I said that in the next days, she tired to hang out with him because she "wanted to feel attached to someone. but still could n't remember". She said it took her awhile to remember some parts of the night. She said that she told some friends what happened. and her boyfriend-who she is back together with. and they convinced her to talk to- her RA. -told me that she had taken the morning after-pill but would like to see a doctor for further STI testing. After speaking with-the AD on call, I presented ith different options of things she could 'do including filing a NYPD report. a security report. and talking with She said that she wouid like to do all of those things. She said that she felt okay staying in her room FYI type: Referred to Generaled hy Punn De Leon Gene NEW school Geilem'ed un' June 07 2011 Incident Summary Report Incident police inlormation Were life Dr housing ihfi "numbers nnmled about incmenl? Nu um me pnlicusemlrily uepanmem make an oMcIal report of me inmnenn No Police Incident main information Incident Number: 200590097 nah, 9/15/2009 Referml Due: 10/13/2009 xnemem Time' 12 on AM IncldemType: Respondenua: Respondent name: Respanaem smaem Anestua: No Heanng omem Puma-De Leon. Gene Helena Affected Head Re I 5' a" S'B'ma" Sums"! Resmenl Nalufivn: 0n Ssluvday' mm a( around '5 am Smy Park IesfldenL--wem (a RA -- --her mom mace lo \alk. sne tom-mat abum 3 weeks ago she and me residems a were dnnking mom -m|d-she was pretty mmchaied and-- a: vaom- led- \p we room and look advamage pr her -said < GL-mmllefl by: Puno De Leon Gene New School Genemed l7>> June C7. 20H Incident Summary Report her la his mom and lhey are lo vouch ior her hen mnlacleu me (lea>> HR Sluy Far" as I was on call lhal day she explalned whal happened I lhen awarded -and asked her ll she would lrke to speak la Juslln Lee (who was on call). Maureen Sheridan, or me -said she wuuld speak wilh me and we could meal al 9pm lhal evenlng em on 10/17, _mel me in lha and I asked her lo explain whal happened In her When .nei me she remunled ihe 0n 09/1 7.--irl lnorrl- and were in his mum' and lhe ehllre highi The nexi momlng' lhey were in bed and were and he dlmaxed on his hed wllheul any sexual lhal horn lhe beginning she had told himr 'Nn sex -Whal ll-(hsr ex hoylnendl and lgei hack lagemer? lhe on 09/16 -was rnluvrsalsd lo lhe palm where she said she could harely sland up she rare rhar she had rusl gone mreuglr a breakup and was vulnerable _was hiding on - and- said mar-said lhal he "ldved' her, and lhal she was and -sald she dldn'l hellelre- bul she was lhlough a rough breakup and .35 were in locus her ahenilarr on 'ler'o go lo room, and she was who was mural ls a wrlness lo- dul er her surle and in lo_ room, said lhar when she gel in room pul her an bed, and hold his reornmale. who was in leave -said lhal ai her memory gels hazy and she could rial recall axaslly whal happened she sald she was exl'emely lnidxlealed and could nol walk properly she remembers on_ bed hul eannoi remember how she undressed (she says she was asked by me pelml she resal hemg very sick and duly and lelhhg-lhal she nelwahl le dd (sexually) -recourlls lhal lhloughoul lhe lhey were aul hul she said lhal he evenlually 'lorced her head down axar prolusaly is give his penis a lick/suck once" Aflelwards, he 'pul [her] hand on lap of gems and lusr lea lhere Then he louehed [her] and lhen [she] blacked a hll' -rernerrlbe on a odhdem and her asking Whal are qu H15 answer is lhal was "I'm lusl being sale -said lhal she reminded him again lhal she was nol going lo have sen and he sald, "l know am luslhelng sale l'll lake care el you -sald Ina! lhe nexl she was him Wording himself |her]" she sald lhal she gushed away and sad Gel eul -l'm rral havlng sex wilh your- sald lha-responded by saylng' were nor calm down - she sald lhal he kepl and lerang hhnsell lnside she said she pushed and eald gel lhe luck olr - Then he lned lo balm her down and sand, 'I'll lusl slay here lor awhrle -sar;l she was loo drunk and day to answer by men so she lusl sleyed where she was and lusi closed her eyes she said lhal lha nexl hing she knewhim and was moving [her] hips and eveumallyr climaxed nside :herl" -sald lhal she pass ul aller lhal and remember else she said lhal lhe lollowrng she gel I calfl behave you lhal "-sard ii'al laughed in response. and sorry. I'm preny suasrve when l'm drunk" -sald lhal rn lhe llexl days. she lrred lo hang him because she "wanlerl lo leel smashed is someone bur couldn't Iamembel' She said l( leak he' awhile lo remember some pans ollhe nighl She said lhal she lold some lrlends wnal happened and her heyrrlend -- who she rs back regerher wllh, and rhey sehvrneed her la |alk ra-her RA -lold me lhal she had laken ihe morning hul would like lo see a doctol lurlher Afler spaaklng Lennyr lhe AD on oallr presenled-wrlh dlflelenlapilons she could do a report a sesunly remark and Maureen she sald lhal she would like lo do all ollhose she said lhal she lell okay ln her room, and lhal she warrled -m be moved. sha me lhal she knows ls nol lhe lhal-hes 'persuadefl' have sex mm She also claimed mar--smokes Dfli' drinks and re a 'druggy' -ldld me lhal she oould wall urml Monday lo meel Maureen. anc lhal we could do a seculily/NYPD reoen on Sunday alremaen made i| dear lo -d Call me she needed heiore ihal Ganmleu by: Pundue Lean, Gene ""ivmi'y on June 07, 2011 Incident Summary Report On Sunday. al are nd 2m lne sedumy supeweur Duud Shaplm cams to Sluy Park ld lalk (u-The NVPD also came to lake a ream -old me nrficers wnal nad hapuened. Tne affiners alsd leak -- comm and um dale Tne NYPD men (uh-mm she was galng la naue ya lo lhe Special dewanmeni lo answer runner uueslions - along wan lhe police lo lne slalion, -spoke to lne pullce wlmnul my Dlesenoe and YEPGnefl We lncloenl. In the and behave me pollce lold -Iha| lney would not be able to prdve beeause male was nu evidence and ll was lda lale [0 an a rape -m|d me am she deemed (a a lam stamg mac she would pursue me sexual :nargc Howeve, sne wauld sh" llke lo lake action lhmugh lne .muws lnal Maureen snendan be ednlacl ner lo up a meal n9 ln ha next lew days, The pole: lnal deall \vl1h lne repnrl were Kirk Tudm and Pele senulzol 13 --S'uy new RA) came up me (HR Slelmsr) may la vuize conce'ns -- loonmale) cams lo l-aln lu nel and said mal- drunk" and lhal ne ~aeuses alcolml' -sald he was lo weak Gene ln Sluderll and |o lel ner knuw -also wanled lo up we lael lnal she IS edneemed lor- She said thI- sullels lrom deglession (ll says su on lus Emergency and she jusl wanls lo make sure mal- ls ukay and ms silualldn well -usl wamsd ld make sure llnal everyone was aware ul mese concelns, FVI (ype' lo SSCM me new SHINE was new scam mum it. run mu Afiman'nmi mum HUCY mums m: nz'i utsum meats LANG mun: rim usamtms mum COLLEETHE new summit mm in: na- 5 . to>> admit were>>: scum rust must: November l7, 2009 Den- 1 write to ou oi the Dumame ofmy revtew orthe allegations ofsexual assault that you made another student, This intonnation is being provided as per your request pursuant to Section 99 01'th Family Rights and FrivaLyAcK, which Allows the to share my finding with you As I explained to you at our meeting on November 16 2009, under Sectizm 3 of the university's Non-A Endemic Disciplinary Procedural, *wflived his right to a Disct 1 Panel Hearing and chose instead to have the incident leviewe my office. met with& on November 11, 2009 review the allegations against him My finding was inconclusive in that was unable to determine with an easonable certainty that the alleged violation did 0! did not occur, Thus, 1 have determined that--will not be held responsible for the allegations against him. He was informed that a record ofmy finding would remain on file with the university and would be considered should any future allegations of a similar nature he filed againsl him Futher,_was cautioned not to attempt to contact you diteetly or indirectly either in person; by phone, or in Writing to disouss this and that any attempt to do so would constitute a separate violation of the Sexual Arman Policy and Procedures, I understand that you both have chosen to remain in the same residence hall throughout this process. At this point, neither ofyuu Will be asked to relocate to another residence. However, that option remains available Io you should you so chose. Should you have any questions, I can be reached at 212 729 5900 x3659 Sincerely, Thomas J. McDonald Assistant Vice President student and Campus Lire cc: . new 55: mm s, mmarrniuilmruucv us: :unrii: meantime rum-minim: Mmeuufic: summit uttste me six-v.2. ms mm m: "an sum: mt mum comment must: November 17, 2009 I mite to notify you of the outcome of my disciplinary review regarding allegations of sexual assault that were made against you by another student: I met with you on November 5, 2009 to discuss the allegations made against you by another student and the related disciplinary procedure, As you know, on October 19, 2009, this student filed an incident repmt with Student Rights and Responsibi ties. Ms. Gene Puno--DeLeon, Director of Student Rights and Responsibilities, met with you to review the a|legations and allow you the opportunity to respond. She also met with the student who filed the report and then separately with students whom she said might provide additional information. Upon review of the incident, Student Rights and Responsibilities referred the incident to my attention in accordance with Seclion 1113.3(11) of the university's N071~Academic Disciplinary Procedures, hence our meeting. The student alleges that on the night of September 18, 2009, while she was intoxicated to the point ofstumhling and not being able to walk properly, she went with you into your room. She alleges that she was laying on your bed naked but could not remember how she became naked. She alleges that she felt sick and dizzy, and told you that she did not want to engage in sexual conduct. She alleges that throughout the night you and her made out and atone point you "forced" her head down to your penis and begged her to lick your penis. She alleges that you put her hand on your penis She alleges that you put on a condom at which point she reminded you she did not want to have sex She alleges that you forced yourself inside of her and that she pushed you away and again told you she did not want to have sex, She said that afier you stopped she closed her eyes and you then had her on top of you, entered her, and engaged in sexual activity until climax. She alleges that she then passed out and could not remember anything else, When you met with Student Rights and Responsibilities, you said that sexual activity did take place between you and the other student on September 18, 2009 You said that you hath had been drinking but that she was not intoxicated to the point of having trouble Walking You said that the sexual activity was consensual and at no point did she ask you notto engage in sexual activity. The incident report containing the exact allegations made by the student was made available to you for your review. You also provided a written statement for the record with your version of events. informed you that under Section 1115.3 of the university's Now/<1 endemic Disciplinary Proceri'm'ax this complaint would be reviewed by a Disciplinary Review Panel unless you chose to exercise your right under this Section to waive review by the Panel, in which case, the Office of the Senior Vice President for Student Services will review the complaint and make a determination of responsibility, it was explained to you that I would be the person handling the matter for that office You told me that you wished to waive your right to (lie Disciplinary Review Panel. You and met on November l1, 2009 to review the incident. I met with-on November 16, 2009 to review the incident with her, My finding is inconclusive as I was unable to determine with any reasonable certainty that the alleged violation did or did not oeeur I hereby determine that you will not be held responsible for the allegations against you. However, a record of this finding will remain on file with the university and will be considered should any future allegations ofa similar nature be filed against you Pursuant to Section of the Family Educational Rl' his and Privacy Actr will be informed in wriririg of my finding. Do not anempr to oontaclhdirectly or indirectly either in person: by phone, or in writing to discuss this incident. Any attempt to do so will constitute a separate violation of the Sexual Al'mult Pollcy and Procedurdl', I understand that you both have chosen to the same residence hall throughout this process. At this point, neither of you will be asked to relocate to another residence However, that option remains available you should you so chose. Should you have any questions, I can be reaehed at 212 229.5900 3656. Sincerely, dines on Assistant Vice President Student and Campus Life cc: . . m: rm, IQEIEWSC msmtinltn mun msuusrxz mt s: Mouton runs-t: tumultuous bill! ScmFuR must: in: NE than ita- sumo mist: CONFIDENTIAL REPORT MEMORANDUM TO: Tim Marshall. Provost and Chief Academic Officer FROM: Tom McDonald, Assistant Vice President for Student and Campus Life RE: Report of Sexual Harassment 7 Eugene Lang College DATE: November 29, 2010 The following is a summary of a recent complaint of sexual harassment Lha! was handled by my office in conjunction with Human Resources. On October 28, 2010, a complaint was received regarding-- a sccui'ily officer at The New School. alleging he posted inappropriate comments on two student's Facebook pages. and made students feel tnoornfortohle. The initial complaint came from--a student at Eugene Lang College, The New School for Liberal Arts. _brought her complaint to the Sewrity Ollice and then to Human Resources. The complaint was forwarded to my office. Phone calls to ere not returned and a formal letter was sent. On November L, 2010, I met with _along with Gene PUIIO-DCLBOIL Director of Studenl Rights and Responsibilities. She reponed that some time in either Julie or July 2010, while she was a resident at the William Street her a message via her Facebook page. in which--asked her out and onered to show her a night on the town. The post contained the words, "Take a chance on someone tall, dark, and handsome, like me." _pi'ovided apost sent to another female student in which _says that if he was three years younger and the student was three yeats older, he would be all over" her _also reported that she felt-- looked at her as ifhe was undressing her with his eyes On November 5. 2010. 1 root with--along with Stephanie Basia, Director of Labor Relations; Timothy Sirkorshi, Director ror Security; Johnnie Patterson the union representative; and Mike Vogo from Security. --respurtsibility for the two posts. He denied looking at_ as if he was undressing her with his eyes. As a result of his conduct, _was wanted verbally and in writing that his eontiuct was inappropriate, showed poorjutigmertt. and was a violation or the Sexual Harassment Policy He was required to lake the sexual harassment tutorial. He was also told verbally and in writing to refrain from such actions and to be mindful ofd'le university's anti-retaliation policy. Copies of all letters are available upon request. . MilANm .t r. mum Mm, minim - mumtms Mus": 'fiiEflEt' it: FMMAMA mumsem November 23, 2010 -- do-- Dear-- 1 write regarding our meeting on Novembct' it, 2010 to review allegations you made against a security officer at The New Schooli Also present at the meeting was Gene Punc- Dchon, Director of Student Rights and Responsibilities You had raised complaints to the Office ofSecurity and also Human Resources alleging that a security officer at the university exhibited behavior towards you that you identified as sexual harassment. You were subsequently referred to my office. At our meeting. you reported the following: In June or July ofthis year, while a resident ofthc William Street Residence. a security officer posted a private message to your Facebook account The message said. "Give me a chance. See what it's like to be with somoone tall, dark. and handsome like me, Let me take you out for a night on the town." You ignored the message rind stopped talking to the security officer. You said he stared at you as ifhe was taking your clothes off with his eycs. You said he tried to talk with you about ignoring his message, but you did not respond You said that recently another student approached you asking if you had trouble with the security officer. You said you spoke to several women who said the security officcr made them feel uncomfortable and exhibited similar behavior towards them You provided a Facebook page of another student showing a message from the security officer that said. "u got it going on . . I wish wish was three older and was three younger cuz i woulda been on You also shared that you were not treated well when you reported this to security and were given conflicting information You said you felt it was important for you to come forumrd so other women did not have to deal with this type of behavior. You said you heard that other security officers have inappropriate Contact and relationships with students. You said you would like thereto be better training for security officers and for them to know it is not okay to ask students out or treat them as friends. You said you were not looking for the officer to be terminated but would have no problem ifhe was terminated because of this. You also raised concerns that the security officer used the student roster at the William Street Residence to find your name on Facebook. I have since met with the security officer along with Stephanie Basm, Director Relations. and Timothy Sirkoiski, Assistant Director ofSecin'ityi The security officer acknowledged behaving inappropriately and the university has taken the necessary steps to address this issue with him. The officer was not to speak to you about this incident and was reminded of our antieietaliation policy. Please contact me immediately if you experience any further inappropriate conduct. This is the end of the informal phase of the sexual harassment investigation procedures. If you are dissatis?ed with my determination, please refer to the university?s Guidelines for Dealing wirh Issues ofSexuaI Harassment available 011 the university?s webpage at for further options. If you have any questions or further concerns I may be reached at 1-212-229-6900 3656 or Sincerely, T?omas J. chDonafcf Thomas J. McDonald Assistant Vice President Student and Campus Life November 2010 Gene PUiiuVDeLerm and 1 met wirh-- a sludent at ELC She raised a complaint or sexual harassment agriinsta security as follows: ai William Slreet during Spring and Summer 2010. Around June or .hriy. _posted a private message to her Face Book account. The message said. "Give me a chalice. See what it's like to be with someone tall, dark, and handsome like me Let me take you out (or a nighi on lire town." she ignored the niessnge and did iiol keep a copy ofit. She stopped talking with him but said mined at her as il'hc was taking her clothes offwitli his eyes, She said she was not imagining this. She said he tried to talk with her and asked why she ignored the message. She did not respand as she felt uiicomforlable. She moved out oflhc iesidcnce for the next academic year, She wzis in class recently when a i'emale student she knows asked her if she ever had trouble wirh This studenw that _was making sexual comments on her Face Book page. spoke with other wnmen she knows who said lie had made them uncomfortable and exhibited similar hehavier towards rhein. She said the worrien were all African and many had lived at William St. Recently--posted a message on her bloyFace Book page regarding an article she wrote for The Free Press. It referenced her noi talking to him. She provided a Face Book page of another student showing is message from _ihal said, "u got ii going on . . i wish wish was three older and I was ihree younger ciiz i woulda been on _said she was not treated well when she reported this to security. She said a security supervisor -ieid her that he was waiting for something like this to happen and that--thinks he's a "player piuyer." He said he was glad she came to him and iiol HR because he wouldn't wuiit to See-gel hieri She sail] in a follow up conversation with -lie said that she was the iirsi el'soii to make a complaint against -- she said sorneonc inner have Iofdiaboul the complaint because he removed himself as a friend from rhe pages of several female students, -feli was rorher to come forward so other women riiel not have to deal with this type ofbchavior. She said she has heaid that Olher security officers have contraer and relationships With studcms. She wants [here to be- improved for security officers and for them to know it is not okay to ask students uul or tiezil them as friends. She said she is nut out (0 get him terminated but would have no problem ifhe was terminated because oflliis. She also raised concerns thal- used the student rooster at William St. to find cut her name and find her on Face Book. She feels this informatinn is privaie and should not be used that way. She wants a review of how security accesses student information and uses that information. Gene and I explained the Sexual Harassment Policy to her, showed her where to ?nd it on the webpage, and explained the steps we would take in addressing her complaint. Tom McDonald mumsrm mt NEW mum: roan/m msnusr I mRDEsInu (unsusumcnum mwmuumm MUSIC rm Munlml]. I'Imml uIId ()fficcr FROM Tum A>~I>lfll1l Vicc lur and Campus lilb RI churl Parson; The New 9chlm| l1" [)cwign 20M) \Vus handled 17} my office In nnII IIrnnan Remnrces. 0n cInhCI 3. :m U. a complarnl nas regarding purl-lime luclmicmn In Parson, School Mr ign. alleging Ilml lIc nuldc nI'a nululr: llmurds a harl a "ark-man pusxllon in Iln- xlmp. I'Ira nnual culnc I'rmn Ryan 0n \lm 2010.1 Incl Mill] llu lupUflCLI [hall on ()cluhcr 4. 21) 10 he w: approached h) "ho made lo abmn an an lm nlvin . xx Ilm Ic . lhu -bernn nay lso llIuI nn at Icasl Iwn an Inn- _luld llIm .nm nl'a >cxual|y namra. 0n 16. 2mm. IIann Lulu. nl' anrl In Human and I Inc ullcgalimls In-- IllL' sex [035 but said lIc did nul recall am llIIng aboul alil I II: \aid he "as not auarc nl' xaang iIIappmpI-Ialc and bud Ihm he ol He and leal lIc dId make al leusl one Ink: ul'a sexual In a rcsulr nl'lI Conducl wumcd I'cl'hnll} and In wrlli hi> nas Inuppl'upriulc and pom Ilc Mi required In lake Illa onrlinc wcvual haI-a Incnl InInrial "m Verbally und In Inning lo rcl' in I'mnI mull aclinm and In bu nI'IlIc uniwml) 3 unli-rcluliuliun nnli ol'all Idler) are upon rcqucsl MILANO uni summon ., NEW samm mhmuu ronJuzannmnum/nusm Acmmilui: in music ms nu November 24, znlo Dw- lam writing as a followmp to our meeting on November 8, 30l0 to review allegations yo made against a shop technician at Parsons. The New School for Design. You submitted a written complaint on November 3, 2010 alleging that a shop teclu'iician at Parsons, The New School for Design, had exhibited behavior you that you identified as homophobic sexual harassment At om'meetlng you said that the shop Iechniclan approached you on October 47 2010 and mode inappropriate comments regarding you and a collection of sex toys in the shop spray booth that were part of another student's project, You said the shop technician asked you if you had heard about the dildos they made just for gay men. You said that he was smirking during the inlemclimh You said you then walked away from him You also said that an al least [we other occasions he had approached you in the shop and told you jokes with inappropriate sexual Content. ihave since met with the shop technician along with llana Levitt, Director of Training and Development in Resources The shop technician acknowledged that his behavior towards you was inappropriate. Thus, the university has taken the necessary steps to address this issue with him. The shop technician was instructed not to speak to you about this incident and was reminded of our anti-retaliation policy. Please Contact. me immediately lfyou experience any further inappropriate conduct This the end of the informal phase ofthe sexual harassment investigation procedures If you are di Lllisfied with my delennlnalion. please refer to the university's Gnidelinexfur Dealing with Issues ofSemml Harassment available on the university's webpage at for further options. If you have any questions or further concerns I may be reached at LEE-2296900 3656 or Sincerely. JV :McDoml'tf Thomas] McDonald Assistant Vice President Student and Campus Life Frum: Tum MCDOnakl To: Carol Cantrell; Nadine Bourgeois CC: Gene Puno-DeLeon; Pamela Klein Daie: 11/3/2010 .44 PM Subject: Re: Fwd: Sexual Harassment Incident Good Afternoon: My office just received the student e>>mall. We will call the Student in and proceed from there. I Will keep everyone updated. Tom Thomas McDonald GBP11821 AS Stan: Vice President Student a. Campus Life 79 Fiflh Ave - 5th Floor New York, N.V. 10003 1-112-229'5900 3656 mc onalt new i Nadlne Bourgeois 11/3/2010 1:42 PM Carol. l'm sharing the chain of events below with yau so that you are aware of the situation and trust you will Contact us should you need our assislznoe as this situation unfolds. The student's com aim has been routed to Gene PunereLeon. ihe employee IS a proportional lull-time technician, I'm here if you'd like to discuss Best Nadine Nadine Eaurgeois Dean, Academic Planning Parsons 66 Fifth Avenue, Room 710 New York NY 10011 2122293913 Joe Hoskirlg 11/3/20101:16 PM Charlie. Thank you for forwarding _email, 1 have mpied Gene Puno-DeLeon, director of students Rights Responsibilities, who will respond. Can you tell me shop technician is a student or an emplayee? Thank you, Joe CPI 11/3/2010 1:02 PM Pam JOE, I want to make you aware of a troubling situation --is a senior Fine Arm student He is detailing what he feels is SEXUHI harassment from a part time technician working on the 4th flour in 25 13th St -wmte this email to Kianga Ferd, UIC Director of the EPA program In Fine Arts. I have asked Kianga if She had taken any action, and as [his email was written at 1AM, she hadn't. asked her to let this flow up through the processes you have In place, and if questioned by the student, to respond that this is being taken seriously and it's been escalated Please let me knuw if there is any additional information I can provide or iltliere is anything you want me to Charlie charlie plzzareilo director, operations school ofarty media technology persons the new schuui tor design zar newsch Le 212 229-8908 4094 Begin forwarded masage' From: Michael Palumbo" alumborn newschool.edu> Da ovember 3, 2010 9:22:30 AM EDT Charlie Pillarello" Subject. Fwd: Sexual Harassment Incident Hi Charlie, Did you receive a copy of this? Mike member 3 2010 1:00:16 AM EDT Kiang'a Ford" Subject: Sexual Harassment Incident Hi there Ki'anga, I hope this past week has been well for you. As i arn sure you are well aware, the past few weeks have been extremely challenging for me Back on Monday, October 4th 1 was approached by one of the new shop technicians (His first name is- with what 1 can only identify as homophobic sexual harassment, Aflier seeking legal advice from my ramily attorney, gaining solace and support from various faculty (Vinny Gargullo, Ernesto Pul'al, Don Forum our administrative Coordinator (Mike Palumbo) as well as several fellow students I have decided to write to you in hopes of not only provlding documentation ofth highly nappropriate, exceptionally unprofessional incident, but also so that you may be able help to rectify this situation so that no other members of the community here at the New School have to endure bigotry, humiliation and objectification in U19 future, Furthermore, I feel as though the can for resulution (D this incident is even more dire after being informed that-is actively seeking a faculty position here at the New School" Herc is my account of the Incident: In the early afternoon of October 4th, 2010,-approached me in the main wood shop with a smirk on his tape. 1 was expecting some kind of lewd joke (i had been privy to several instances or his style of comedy at his point, most of which had dealt with female and transgendered themes). Rather than a joke however, he confronted me With implications and assumptions of my Sexual identity and i might prefer to use my anatomy. While continuing to smile, he asked me if! had had run the spray booth over the weekend. (A fellow student-- had been spray painting a series of dildos and other phallic sex for her project for days prior to this inddent.) Taken aback and confused I responded Nomwhy7 to which he responded I saw muse ln I was taken offguahd but responded to his question mpactfully, saying "Are you talking about those dildos? Those are not mine, they are- To this he responded by saying on. .youve heard about the dildos they make lust for gay guys, right7 He was continuing to smirk throughout the entire interaction. I asked What is the difference between dildos for heterosexuals versus gays? Receiving no eronse, at that point I walked away from the conversation feelin confused, thrown orf guard, shaken up and extremely disgusted. To add further insult to injury,i)peniy initiated this entire incident in the shop with many other on- looking students. To add extended Ountext to this entirely unfortunate Situation, the harassment nccurred gilt in the thick or the media blast on gay teen suicide which had already provoked heightened sens' vity to personal issues with my gay identity as well as issue5 at large .,Making -actions and words all the more insensitive and Furthermore, only days after this vile Incident, I received an email from the New School praident (entitled A Commitment To Difference), concerning the New Schools alleged history of embodying tolerance and embracing difference. 1 am so deeply sad and disappointed that! had to experience this level of degradau'an in this educational environment, which had previously allowed me to feel free enough to (time into my own and openly express myself. .to further understand and embrace my identity and community and to attempt to bridge the two. The harassment I endured earlier in October brought me back to the darkness of my own adolescence, rife with such abuses that had pushed me to the brink of self-destructive thoughts and behaviors countless timesv All of this being said: The and emotional damage that this incident has inflicted (and resurrected) is not a matter to be taken My academic performance has been seriously compromised, my professional performance in the shops wark environment has been Strained Say the least and the tension and anxiety I feel while Wol1Ans Department, at this point I would like to find compassionate resolution to this problem and 9mm beyond it As my pain and anger are fading, I am trying to look toward more oonstrudive means to resolutim' Perhaps there Should be mandatory awareness training (via SAFE ZONE) to raise cultural and idealogical of the vast diVEiSitv In our Cummunltv? If Nils IS an avenue met you feel is the best form or resolution, [along with my other be happy to work with you to help coordinate/ navigate this important eduwtional programming. Regardless, I would like (0 see and feel a resolution within the next week, as this highly problematic and detrimental situation has perpetuated ioralrnost an entire month now. Please iet me know in can provide any more infomiatiun to help you resolve this. Otherwise, I look forward to moving famard, 1 cannot accept this kind at treatment ever again, nor can I accept the possibility of it occurring to any of my fellow brothers and Sisters. Ever. Thank you from the bottom of my heart in advance for Your help and support in this highly sensitive matter. My very bat regards, - me: Tom McDonald Tn: Nadlne Bourgeois; Pamela Klein cc: ilana Levitt Date: 1l/24/201o 12:47 PM Subject: Irifmmafion Needed Good Aflerrioon Nadine and Pam: My initial review of the sexual harassment complaint raised student is completed. llaria Levitt and I met with -- (shop technician) on November 16th. iwas notified at this meeting. I am sending an official letterto-at the start of next week. He is aware that the letter is coming, Human Resources be sending the staff member his letter and nutlfy you of the determination. -notiried me today that he feels the unNerSity was delayed in rgponding to his complaint, The first notice my office received was on November 3rd. In his initial compialnt,-mantloned speaking With several faculty members and nne start member about the incident for support purposes. The incident happened on October 4th. I have asked-ta provide me details as to who he spoke to, when the conversations took place, and what the nature of the were. it would help if you would try to determine this information. I can compare it to what'ends me and then respond In his canzems about the university's r$punse to his complaint. The November 3rd mail Nadine fomrded from -oontains the names of the faculty and staff-said he spoke wrth, Also, Sven Travis references in a November 16th email incidents besides the sexual harassment complaint where -iaised com plaints agalnst someone in Parsons. Sven mentions that one of these was found to be ungroonded. I need you to find out rrom Sven the details of these complaints Thank you for your help. Let me know if you have any questions. Tom McDonald Student It Campus Llfe 79 Filth Ave. - 5th Floor New Vork, 10003 1-212-219-5900 3656 mcdanalt(R) ruminant>> .t .mum ABEIDII Mn umN nan .tte moat: tantalum: Fax mutt ms mantis: mum ME new season trusts mm mums May 9, 2011 ea.- lam wming as a followup to our meeting on April 12, 2011 to review allegations you made about a faculty rnemher at Mitano, The New School for Management and Urbau Policy. Also present at our meeting was Stephanie Basla, Director otLahor Relations in die Human Resources Department. You had also submitted a written complaint to the Office orsutdenl Rights and Responsihilities and tnet with the Director ottlrat otfiee to review youl cumplalni. At our meeting, you said that the faculty member expressed an interest in working with you on an independent study. This would involve an opportunity for you to co--author a paper with him and work on getting it published. You went out for drinks followed by dinner with the faculty member to discuss this opportuntty. You said that over the course ordrinks and dinner the instructor expressed a desire to be intimate with you and said that he found you attractive. You mentioned to the faculty member that he was married to which he replied that his wife didn't need to know about the situation You said that in response to ttjoke you made about dancing for money he told you [hell he had money and you did not need to work a pantime job. You said nfier dinner he orrered to drive you home and you declined. You said he hugged you goodbye and then a few days later he left a message on your phone to discuss your final grade. which was a 95. You said he also left sever-a1 voice messages for you to get a book back you borrowed and to discuss the "other things" you discussed. Ms. Basta and I met with the faculty member and shared your complaint. Subsequent to that meeting and before any further investigation could be conducted, the faculty member went on an unexpected leave of absence. Ms. Basta and 1 determined that there is a credible basis supporting your complaint and will continue with the investigation and will take appropriate action when the fuully member rettuns from leave. This is the end orthe inrorrnal phase orthe setuai harassment investigation procedures. ltyou ure dissatisfied with my determination, please refer to the university's Dealing With Issuer ofSexual available on the university's wcbpagc at for further options. If you have any questions or further Concerns I may he reached at l-Z 2-229-5900 3656 or mwollalti'tbnewschuul.edu. iuoerely, Thomas 1. McDonufaf Thomas J. McDonald Assistant Vice President Student and Campus Life mm: To: Gene PunosDeLeon Dale: 1/5/20114'45 PM Subiect: Explanalinn olsvenls Hello Gene! I (cum! lhe email explaining the evenlsi I tried (0 send ll December 15 but maybe It d'ldn'l go through Talk to you scent and thanks aizln. Forwarded message From -- Date. Thu Dec 16 201oat53 Sociact: Explanation crevenis To, punog@newschool ado Hello Gene, I really appreciate you meeting with me today. It was strange, after I saw you the pralessor called me for the third time Iuday He dldn'l leave a message . I'm going to try to explain as much or the evems as I can, so if you need anymore into just call or email me, I hope I can be as explicitas possible, which is why I know the inning oi this is imponant. Also, I'm really sorry but it's pretty long now that I look back a! it let me Know If you need Il less LONG Thanks Siam A few weeks ago, on December 1, 2011. 1 me! with Karen Merson Ol Nonprofit Managemenl and Alex Schwartz 0' Urban Policy I met will? Karen at the urging orolher students as I had expressed some disappointment With the Pulicy Program and curriculum, including the onerdimenslonal and homogeneity in both Policy faculty and Curriculum wenlta Karen for gutdanne, and she was veny enoouraging, discussing the importance or critical theory and feminlst classroom with ire. ltwas a positive answeito some reelings or disenchantment I was already reeling With the Policy Department Arter this meeting. i went to my scheduled meeting with Alex Schwartz. who is also my Policy adVisor discussed some or my resenrations him abuul lhe program and fell same encouragement but also didn'lfeel like he Iuily heard some of my general and specific concerns 1 was having ahoirt my experiences in school here "Nole: One or my major concams with me program involves a lack of proressionalism and respect that Is very presentwim one or the Policy Trial Run faculty advisors' Andrews IS something I is another I'nportarll aspeclof addressing lhe oi the (almost all white' male) slafl in the Policy Program, --is my Quantitative Methods professnr, Alter both advising sessions I went to see one hour berore my Statistics 5955 tutorial in lap He was Walking into me building, and I told him I needed to talk to him regarding my Statistics homework and concerns I was having with Chapter 17 He told me that he was actually glad I was there because he needed to talk to me He told me to wait in the conrerence room while he went and got something trom his oihce, as a student was also using his computer I was in the conierenoe room, and he came back with a statlsu'cai analysis short essay I had written, comparing the Harm Reduction approach to the more traditional Abstinence--Based "Continuum orCare" model or housing requirements With homeless/dualrdiagnosed populations. He told me that he was very interested in whatl had said ahouuht's topic, and that he noticed that I am very passionate about it and a good writer HE told me that he had a proposition for me and that he wanted me to register tar his Environmental Health issues class, as itvims up and he didn't want them to Cancel the class He said that I would not huweven need to attend the classy and that he would like to do an independent study with me on a subyeot surrounding my paper topic lhad to go to class, which he was riot teaching because that day was in the lab He told me to come back to his office when I was done with lab or left lab early to Come see him in his Otf'we. He told me he was actually going to some find me in tab that day lit hadn't come in to discuss this With me tan iab a early when was done my report and went to see in his office. He showed me a tiook with a Housing and continuum are section. but it didn't seem relevant to my paper topic and was more about nursing home or extended care services told him than had been having some issues with the programs rid tell a little emotional. and thanked him lor actually validating me as a strident and or reoognizing my academics I told him it was meaningrul, especially rollowing the previous two meetings I'd had with professors about my reelings in the program, He said that seemed a bit overwhelmed and i explained that i was He said that this independent study would be an opportunity to work together casually and that there was a passlbiittyi could wauthor something with him and possibty get published it we worked on a suoyect together. He said we should talk more about this, and over a drink i said thatwas cool, and that we could find a time after finals to discuss, was busy with finals fertile week, but i emailed him a week later betore my Quant final to ask If he would like to go out and discuss tile research ideas, was excited about this possibility. Although he told me he was Interested in stem-cell research, and i didn't have all the same background' I thought it would be a greatopponunity make a professional connection with a teacher when I hadn't so tar in graduate The idea of getting published was very exciting, I told my parems and lriends and everyone was very encouraging and [aid me that i shouldn't be surprised because I'm smart and motivated He emailed me a iew limes, asking about my policy rrnal, and responded and told him we could go out Wed star the Quant that i was VERY worried about the rinal exam, and busy with classes He gave me his number and I gave him mine order to coordinate meeting up i did notiind this weird. have had drinks and meetings With proiessors in different ea paci s, and would never have made the assumption that it would lead to other insinuations also am usually very open people He trad known I had been in Los Angeles tor Thanksgiving, and he asked me why in one meeting, I mentioned ma! my giriiriend iived [here and I had been Visiting hers I might have discussed my dad's Illness as we", as a inai came up in conversailonv Altar my statistics tinal was complete, I handed in and he looked it over and seemed to nod that all the probiems were correct, lielt like a heavy weight was tilted bit my shoulders and was slated and dizzy with yoy tor hnishing the class and possibly AGING it He told me to meet him downstairs as he waited lor classmates to turn in their finals I was excited to iaik to him about research and I had done somethinking about now to comhine his stem--cell research with homeless/duai-dlagnosts research. connecting the socially and politically taboo nature of each groundbreaking topic in relation to American resistance to change lwent downs and called my girlfriend, who was very sick I was worried about her --came down out of the elevator and i told him I was sorry when i got off the hone a few minutes later, but that someone was sick He asked it ltwas my hand" in Los Angeles, and I said yes Aswe walked outlhe door of the building, he asked me ii this woman was my girlfriend, and I Said yes He asked if i ilked women and men and I told him yes We discussed my parents lack oisuppori Surrounding it, including my guilt about communication With them because of my dad's illnesses and how my parents worry. He also mentioned on the way to the barthat he had researched the clauses in Milano regarding professors dating students. He said ihattitere may be ruies against underglads, but that there was nothing against giaduaie Students and proiessors dating i found this odd but wasn't really piecing things together, as had iust linishad a huge final exam and thought he might be relerring to peop'le seeing us out togetherand making it seem OK We sat down at bar and got drinks' and he looked at me and said, 'm interested in you I think It fully Clicked then I asked, ior What". "in being intimate with you ioctked at him and laughed, I ieit sirange and nervous, and (his is [he pointwhere I should have gotten up and ten, But my behavior throughout the rest of the night was based around the tact that 1i He had just taken my Quant exam and said I had done weilrrand had power over my grade, 2) He was my teacher, and 3) was already out With him, feit shocked, and assumed a good way It} deai Wifl'i the entire Situation would be to be honest by just calm and see where he took things in order to appropnateiy deal with my own resolution after he was gone and we parted ways lhad two drinks with him, and he laid me that there were four options. 1) have an intimate relationship with him 2) do research with him and register tor the class 3) all of me above A) none of the above ("number one being mosl important") i said, "so you weren't really interested in my academics then?" he said sure, but that numberone was his priority i kep| laughing because i was shocked and nervous. he told me that i'm very attractive, but that he can tell i so he told me to look in the minor when i laugh and recognize how pretty i am. i told him "i am not going to fuck you." when he laid out options, i shook my head no. he said ifi said no he wouldn't bring it up anymore and we could move on i told him no. he said that he could tell I was pent up and needed a release. i asked him why he assumed this made me need a man. he said Iwas upset that day that I came into his of?ce, and that he felt something with "our meetings" and emails. he said he is leaving the school soon, and he's ready to go, and that he wants to have allittle fun at the end of his career. we talked about other things because i was uncomfortable and a bit stuck. i explained transgender identity. i might have talked about my famityletc. he said he was sick and hungry and to go across the street with him. i went just because i was acting passive and going along with what he was saying; partly in shock, partly intimidated by the situation, partly just not believing how things had panned out. we went to the noodle shop across the street and got some food. at one point he asked ifi worked, i told him traderjoes on the weekends. i made some joke about being broke and needing to shed a few pounds and learn how to dance for money {a stupid thing for me to say). he said he was going to say something and then stopped. i told him to tell me because he might as well. he said he didn?t want to cross any lines but that he has money. he said i didn't have to work at trader joes. he said that he could pay me my wage at trader joes for me to spend time with him, and that we could have fun. i said, "you want me to be your hooker?" he said, "that's i said, "crude?" "yes, onide. it would have to be mutual, we would both be enjoying it." i told him no. i told him that i?m very in love with my girlfriend. he said that he is very in love with his wife, and that she could not "know about this situation." he also told me that he trusted me. many times throughout the conversations. at one point i asked him why. he said he didn't know, he knew i was upset and needed some release. he also told me i didn't need to go telling anyone about this, "don't need to tell your mother, your friends, your i said i knew (although i have told my partner, roommate, and other friends/students). we discussed other random things, and i told him he had better catch his train. he told me he would have driven me home had he driven. he told me he lived in Long Island. for some reason, i told him that i live in flatbush near ocean and parkside, and he told me he grew up there. he mentioned driving me home when i came to the statistics party next monday, as he had class after stats and i did too~~he could drive me home and we could hang out. we left and he gave me a hug at his train. i was not protesting enough, but i also was going along with the events that evening in order to properly and quietly assess what had just happened and to figure out how to best deal with it. that nite i met up with anther Quantitative Methods student to talk. i called a friend to talk and broke down. i felt humiliated. i had told many people that a professor was interested in my work. this situation made me teel stupid, weak, pathetic, ugly, and expendable in the eyes at the school it reinforced many or the personal and academic questionsl have about myself, and was shocked lhat someone would pretend to find academic promise in me in order to sleep with me i hadn't done anything except be open with my teacher. iwas never"flir|y" or leading, and the only signal he may have misinterpreted betore literally propositlcning me was when i agreed to get a drink with him to "talk about research." Overall, the most heartbreaking about "its is that it was huge decision tor me to attend graduate school i am growing in debl tore policy degree that i have already been questioning, and have teltvery little support in the program this was the peak ofa very and unsupportive semester tor me. i have been overwhelmed with the over knowledge production that exists in "the academy' foryears i thought some or that might subside if I attended the New School, an alleged hotbed tor social justice and critical theory--and instead, i have experienced the opposite traditional power structures are perpetuated through the specrtic pedagogy and faculty assumptions and white male continues through IntE'personal interactions like this-mostly through women that don't speak up ahuut it my reaction was also silent at first because i have telt very little support by the white male academics i have met, and relt like yet another protest tram mysattwould be brushed under the rug in the name at maintaining Policy integrity and business as usual i am disappointed and humiliated. and hope that some or this explains why the emotional reaction i am now teeling is so deep tinals and work distracted me from some of the results or this Interaction i am reporting this so somethin is discussed within the faculty. no matter what happens tofithere needs to be a dialogue about these issues this past weekend, i received a phone call from an unknown Long Island phone number--i did notanswer, and received no voicemall this treaked me out, and i assume now that it was his home number _called me on his cell phone on Monday, "to discuss my final grade" in statistics idld not call him back, and did not attend my Stats class on Monday (which was a gathering/wrap--up session). I emailed him yesterday, telling him i had been swamped with finals but to please let me know about my final grade in the class (in order to keep some distance while still getting some response in writing about my gladeuas i had been very confident that i had done well in the class). he emailed me back, saying that I got a 95+% on the test and was going to get a very good grade in the class. he also called me today, THREE times. he left a voicernait, asking him to call back about my grade, about his book [which i ten in his mailbox yesterday at school), and about registering fur his class and the "other things" we discussed last week. did not call him back, and i thoughtalter not returning his call monday that he'd stop calling me ido not want to see him or speak to him, and I certainly do not want to enroll in his health class or engage in any studies With him i have always had issues regarding siudenls craving the validation lrom academics In pawer, which is why clilical iheory and feminisl appmaches are so important in my academic and personal work but i did Indeed mink ii would be possible in finally be granted some academic validation lhrough working wilh a professor in an area ol mutual inleresi I saw lhis as a poieniially exciting vehicle In some academic oanneclioris and successes i have considered leaving Mllano' mushy aher this event due to huw deeply symbolic ll is arms power dynamics that enrage me world, graduate school, particularly lhe new school. required sacrifice and work no inanerwhat happens [la--specifically regarding this issue, it is important (or a dialogue to start regarding sexual harassmenl and advances from professors, which Might also be held in Conjunction with training cm professionalism in general lor all appropriate and respectful language and leaching demeaning and degrading language and behavior Should nol be ihe and i have experienced it as me norm in my one semester at Milanu. thank you for your time in addressing this I really appreclale the supportl am finally renewing. IR NEW 5mm BEN sew mum Armin: limit Palm cm mm uuc causes . . mumum mum alumnus rt Music we it mu mutt sc run will") Music June 2, 201 Dear- i am writing as a followup to our meeting on April 18,201l and April 27. 201 to review allegations you made nhouta faculty member at Eugene Lang College The New School for Liberal Arts, Also present at. our meeting on April 27'" was Stephanie Bests. Director ofLabor Relations in the Human Resources Department. At our meetings. you said that the faculty member had created a sexually hostile environment by consistently making sexist and racially and sexually loaded comments during his class lectures. You had submitted a list ofquobes that the instructor had made during at lens: one class which included the following: "1 like a woman with some hair under her don't know maybe she Just had to sleep with Vale," like to hear the girls' voices on [he ether end oflhe line. They don"t texl me." and "This is like foreplay. you have to go slow, you hsve to rub things the right way." You reported that he also made references to "sexy" Dominican and Puerlo Rican women and referred to Mexicans and "those other Latinos" coming over the border saying "what would we do wtlliout Vialapeno peppers ., Dr. McWelling Todman, the instructor's supervisor, and I met with the faculty member and shaled your complaint with him. He acknowledged making the comments. but explained that he did not mean to offend anyone by them. Dr. Todman and shared your complaint and the instructor's response wilh Basta and Kathleen Breidcnbaeh. Associate Dean of Lang. and determined that the comments were inappropriate. The university and the department are taking the appropriate notions in order to address the issues you presented, This is the end tnl'ormnl phase ufthe sexuul harassment investigation procedures. If you nre dissatisfied with my determination, please refer to the university's Guidelinesjor Dealing 0/54leer available on the university's webpage at Itll for filnher options. ll you have any questions or funher concerns, I may be reached at (212)229-5349 3653 or puno vanewschooledu, Sincerely. Gene PttnoDeLeon Director Student Rights and Responsibilities May 31, 2011 Eugene Lang College RE: Student Complaint -- LPSY 3130, Spring 2011 Dear-- As promised, 1 am writing to provide asummary of our discussion on May following ourjoilit meeting with Ms, Gene Puno--DeLeon from the university's HR department. Briefly, the meeting was triggered by a complaint from a student in your Spring 2011 Lang course (LPSY3 1 30) to the etrect that you had made several statements during the semester that she considered to be sexist and/or condescending. In addition to citing specific examples of the offending behavior, she managed to persuade two students (one currently in the course. the other, someone who had taken the course in aprevions year) to wlite letters on support (at least in part) of her claims. At the meeting with Ms Puno>>DeLeon and in your discussion with me after the meeting it was agreed that you had been largely unaware that some of your comments may have been interpreted by some of the students in the class as being sexist or. at the very least. insensitive in nature. We also agreed that on the one occasion that the student in question explicitly stated her displeasure with a comment that you made in class, you seemed to handle the situation sensitively and professionally, (snmetl'ting that the student seems to confirm in her own written description of the incident). Also to your credit is the fact that most students in the class have probably interpreted the comments the way I believe you intended them to be interpreted (ilei. playful attempts to engage a very young audience with semirribald humor), a conjecture that seems to be supported by the fact that you have received positive student reviews from the majority of students in your courses over the years. However. in our discussion we also agreed that if one student interprets you comments as being sexist and offensive, ll is probably one student too many To ensure that similar complaints will not reoccur. I have suggested the tolluwing changes in the why you go about the business otengaging with students in your COWSESZ l, Attempt to preempt misunderstandings by explaining to students that on occasion you will lapse into colloquialisnls and off-color humor in an attempt to make a point, and that on occasion that such statements could be interpreted as sexist or insensitive in some way. Reinforce the point by giving examples of statements that have raised haekles in the past (you now have some concrete examples at your disposal) and explain what you intended to convey by the statements and how they could be misconstrued (and was misconstrued) by some individuals. 2. Promise to self?monitor your Speech but grant the members of the class permission to alert you when they believe that you might be straying into dangerous territory. 3. Try not to appear condescending or dismissive, even when the silliest of comments are made in class, as it will inevitably be con?ated with any charges of bias or insensitivity that are leveled against you. The best way to avoid excessive amounts of silly'and irrelevant COmantS is to keep the course on topic. Unfortunately, with 25 students in the class, it is not possible run it like a true seminar. Again, I thank you for the digni?ed and responsible way that you have responded to the student?s complaint and your cooperativeness with the related inquiry. I sincerely hope that this is behind us and that it leads to a better classroom experience for you and your students. Let me know if you have any questions or concerns. Regards, Mac NOTES, 4/18/2011 Compiaint against instructor-- Student met with Linda Reimerand was referred to Tom McDonaid and SRR. GPD met with student on April 18, 2011 --~ishes to rile a cumpiaint against--furcreating an ieamirig enwronmen: that inciudes comments of a sexuaily harassing natu'e, comments that are discriminatory, 2n . not provlding an adequate envimnment. According tn the student, the Ciass is a seminar during whith few students participate _ta|ks during lhE' Entire dass and (Hey are mamiy personai anecdotes about his pPrsonaI tire, sex, and his views. The student explained that he make: disparaging about bolh men and women, Jests about it, and says "Just kidding" or "van know i'm teasing." The student recounted that she attended :Iass once wearing red lipstick and the instructor commented "You're wearing lipstick!" She responded Somethingalong the lines of 'ubviuusiyt' He iater said "Your lipstick looks (really) nice," she aiso reported that the instructor has made comments that are discriminatory as weli. For example, he wouid use phrases like "those iatinos" while taiking in ciass. He also aiiegediy used the phrase "those babes in Duerto Ricca" During the April 12'" ciass session, the student took notes on some ofthe comments the instructor made, (Page The student strongiy feels that the classroom environment is sexually nastiic and offensive. Student would [Ike to find out about whether or i'iDt she can finish the course withnut having to continue attending class. advised her to speak to her advise" since I cannot make an academiL deLision or that nature. Her advisor is Leah Watch Notes of instructor's comments on April ?People keep telling me to go to all the because of all the fantastic women in Russia.? ?probably girls get off easy, [status] of girls get off easy, but the guys don?t. just teasing, okay.? like to hear the girls? voice on the other end of the line. They don?t text me." ?People stick their things into all sorts of guys, look out.? ?And a man can?t well that?s horrible. t?m against that, the patriarchy is in enough trouble already.? don?t care for cowboys, but I care for cowgirls a lot.? wish they'd call the Dallas cowboys cheerleaders cowgirls. I mean they are girls.? ?This is like foreplay. You have to go slow, you have to rub things the right way.? ?She?s pretty good-looking and she?s crazy as a coot, the way all those [Fox News] people are.? don?t know, maybe she just had to sleep with Yale Notes May 5, 2011 Also present, Dr. MLWelling Todman tread tne combtatnt to_that was presented by his student,-- then read him the quotes--had written that _at1egedty said during etass responses are as rottows: no .r tyrmau mL'tsfl/ne nan urttfet /n:V dam/IE. Posubty made the comment, but retateo to drscuss'mn about metrbsexuanty and ntpore trnages manna>>; maybe snerusrnaato steep xa/e Does not reaatt {th statement or wtrat tt references. on; votes or. me (It/r64 erru ortne toe. my boot texture. Not sure, but may traye been satd rn reference to texbna Rotated a story about his sun's comment about not usth poputarteennorogy. Mary naue arso orstusseo raaue or "semng" tn ttass as an emote 'V'etwls soot tnerr {ht/195mm 31/50/13 gtw, look out Does nm recatt matrna statement "People keep tempo me at to all me Whit/libs ur Russo because a/al/ me rarrtasuc woman. Ha has been to be a speaker Noun" by colteagues In Russta, ms was what was sent to turn via Erma" you know now ttrose wrnrerr taaorrg. "Dog not reoau making stateman "you men are tynerr omen omboabon mam on me street guys nave a or'n-orr -- my can? even be flair/7m! when tneyra Hunted. Never sara "guys nave a or nan." reterenae to a orstussron about Mnhammed and ms rather, and mrrattes, tne as a sign of homo, nelsab/De othow some men unrartntut even a'ter rnarrtage, matte comment '1 are; 'dcal/ My Data; Cowmys'cnoarlaad . tong/4; InraanDeltas cowboys ran, theta 's a mate student rn ttass trom Texas wttom he "mass" on nocasm. "fame are noon/ass anyway, lighF' (as on alteri/wt/g/IL "tn uratcu/brre'; He we batting about mattro tutture. Does not behave ttus nteratty 'Frv Gptf's saw, mey're reel/y out a woman tun/d tag-aged not comment on :hlS. way/41D! more run, more Mame he: good/n read, {00 He ha rererencau Woody Allen ctass but does not reset wnat remavk was about. "fit/s re yon natt- to ya storyHg/tr way He has batted about 'gmng stowana tatkea abou: Vomriy as a process, about not datrlg rmmeotatety. nererentesto "sex/V Dom/mart and puerto namarr He bras reterarorrg ttre stereotyoe about geagraptntal aMoes related to amtudes or people to tne nurtht'm clnnes being more repressed that (nose in the southe'n mores, ttye nurorty ortne usycne tne body etc Rare/nob to lteepmg tn: Memnr's and Mass ulnar Lahflus"/mm Cam/Hg aver ma solver. try/rat woo/a we do wrmouI/a/apefio pea/1&0" He talked about the measure: that have occurred tn Arizona, may have satd about hm rt was rn an efintt to add tevtty to tre d355, not meant to be nemgatory. rrtsarranrrarr 21be Did the room wnerr only Mnsle students are seats-r1 antisamg "you're an bunt/t n/yi'unr not commenton tnrs. - _tatkeo about the Aprit 21" ctass during Much--chattenged statement about "bitchy mothers." He saro tnat he was referencing a story about Mohammad who was reputed by mother to have ot barng tne divine child, in Context he was taikl'ng aheul parents' expectatiuns orolected onto their children and that how ?9me mothers at a playground, for example, can be bitchy towards other mothers. - Wiin regards tD_e-mall, he did not recaii gesturing in anyone in ciass He did have a student who was working with him on a preiect involving the image oftl'le highrheel, he reiterated that he did not recail pointing to a girl and calling her "sexy." At the end ntthe meeting, we discussed grading. --reponed that--first paper was an A, second paper was a Be, and lithe quality of her work remained consistentthe class as a nnal grade. Hold--that the student be graded fairly based on the merit otner work lithe student her grade and specifically claims that the grade was unfair because ofthe complaint, she will be (old thatshe can do a gradeeappeai. li'the normal appeal process involves the same Instructor having to review the caper or exam again, it may have to be another will do the appealr We did not discuss absences, Security Department Reports of Sexual Assault/Harassment CASE "009-00360 Report Taken: October 18, 2009 Ha. Seennty Supervisor Doug ('Imppinu respitnrled to the Female stutlent lated that a male student had sexual contact with her in her dorm mum withnut her consent 21 month earlier. RA Ntka Stelman was present at this time, 12h, Supv ('happinu notified the vau The Special Victims Unit mtewiewed the student but nut lake a case on it. The explanation . Vivi: tn--by the pnhee, 1 his report was referred to Student and Respenstbilttres at this time. lie-i. other investigations were made by the Security Department. CASE 32010-003" Repurt Taken: April 2, 1010 122. This tncident was breught to the attention of Assistant Director tifSecunty Titn by Rob Lummski. the Director ni'Housing. The indent involved victim New School who being 112: cd Via phone by- do not work for the University. l2h. AD Sikorskl phune and read her incident report dcialling the tnetdent. Mr. Stkorski made ware that her complaint mnstituted a Misdemeanor ('nminal Act of Aggravated Harassment and she had the option to file a criminal the NYPD -cfuscd to file it police reprtn. lzc-l. Sacunly relenerl this to Mr, Howard Bressler who handles leased at The New Sclum]. The final result that--was remeterl from his nesitittn at 8A William Street within a ceuple nfweeks ofthc CASE #2011-00127 Report Taken: October 15, 2010 m. Security ottieer Reynaldo Dchsus was made aware oftlle dispute by actions in the lobby of318 East 15'" Street. 121). was Called to Ihc Scene. however they classified (his sltuatlon as a dlsputc between known parties with no arrest or criminal complaint filed. 11H. Followeup investigation conducted by Rights and Responsibilities rcsulling in nollcc being filed on 10/21/10 restricting visitor--from all New School Buildings. CASE #2011-00206 Report Taken: netohersi, 2010 1an Security Officer Subuloye was on duty at the time ofthis incident and witnessed it. He refused entry to the unknown male. 12b. The Security Officer found out that the unknown male did not know the female student because he came back to the building a while later and did not know her name. The Security Officer notified RA Rosalie who escorted _o her room. 11c~i. No other actions were taken by the Security Department. CASE #2011-00430 Report Taken: February 11, 2011 123. Security Officers Eric Cortes and Douglas Merino were on duty at the location of oeenronee, 318 East 15'" Street. These officers assisted the student victim by gathering information and keeping the two combatants apait. The Security Supervisor Cliff Monroe and the van arrived at the drum simultaneously and the police arrested- 12h. Student Housing and Rights and Responsibilities were notified and supplied with report copies. lZc-i. investigation, intemews and followup conducted by Student Rights and Responsibilitiesi CASE #2011--00444 Report Taken: February 14, 2011 122, The incident was reported to Tim Slkorski, Assitant Director of Security. 12h. --studerlt/victim, came to the Security Office to make an official report. We were given a chronological time line of events that led to _feeling threatened. _renised to file a criminal complaint with the NYPD. Tim SLkm'Ski notified Rights and Responsibilities and Crisis intervention ofthis report so they could offer their assistance to the student. lze-i. Investigation, interviews and follow-up conducted by Student Rights and Responsibilities. CASE #2011--00456 Report Taken: February 23, 2011 12:11 This incident was reported to Robinson Lissain and the RA on duty, Fat Pcllicanoi 12h. Siudcm--spokc to RA Pal Pcllicdnu. This ulcidcnl "us minded mmrlu Housing, and Students R|gills and 111 this Ilmu. use: #201 [-00468 Repori Taken: February 25, 2011 12st euiily otfieer Reina Gunmle/ W35 nimiied by Yondzl lxyudirnli dini-- -wa> huing dullred by her 12b, 0 eei- Gemalez was notified by AD Sikorski dial-must call 1|1c|m|lcc lile a uiminal reperi and men uhlnin leg! erder erprmeeiinn. 12H. Invesugzluun and ctmduclcd by SIudeni Right: and Responslb1l1llcs. CASE #201 1-00472 Report Taken: February 25, 21111 123' --studeutivietun. came to the Security Officer ,iusxin Lee, Assistant Dir-eeinr nlegIlls and and reported lier incidcnt ie AD Tim 1211' A lhumugh intervrew wus eendueted. AD Sikorskl recommended Ilull- 'a \\ith the and obtain and erder ot'pmteeuen. Hc ~e recommended that she plowdc us wnli picture uflier cx-buyfriund so we euuid produce a but she never us with pieiure. 12e-i. lnveeiigulien. dud adieu--up enndueied by Sludcnt and CASE <<2011-00478 Repori Taken: February 27, 24111 123' Seeurity omeer virus by simian-[hat she was re 'mg threatening iexi mcssugca flum her cx-ho) friend who said he had gotten inlo the building. 12h. seeuriiv ondcd dunnimry. He reriei [he udeil id found thathwas not allowed nee in the hulldmu fiwfls eneuuraged in file a Cn'mina] complaint with me but she retue 12H. RA Ivan lluttun was notified A report was made, Seeunly was directed to make :1 ING hy Student Rights and is 111111 PNG list. which is kept at Security Officer's desk at I 18 West 13 'Strect. Security Department Reports of Sexual Assault/Harassment CASE ttzoomnoann Report Taken: October is, 2009 12a. See Supervisor Doug Chappina responded to the Dormitory. Female student 'stated that a male student had Sexual eonract with her in her dorm room without her consent a month earlicrr RA Niko was present at this time. 12h. Supv Chappina notified the NYPD. The Special Victims Unit interviewed student victim, bur did not take a case on it. The explanation was give to _by the police This report was referred to Student Rights and Responsibilities at this time, 12H. No other investigations were made by the Security Department CASE "010410315 Report Taken: April 2, 2010 121 This was brought to the attention of Assistant Director of Security Tim Sikorski by Rob Lutoi-nski, the Director of Housing. The indent involved victim New School St "fmeinber who was being harassed via phone by- ho does not work for the University, 12h. AD Sikorski interviewed -by phone and read her incident report detailing the incident. Mr. Sikorski made-aware that her complaint constituted a Misdemeanor Criminal Act of Aggravated Harassment and she had the option to file a criminal complaint with the NYPD. _refused to file a police report. IZc-i. Security referred this complaint to Howard Bressler who handles leased buildings at The New School. The futal result was that _was removed from his position at 34 William Street within aeenple orweeks ofthe complaint. CASE #2011-00127 Report Taken: October 15, 2010 Security Officer Reynaldo Delesus was rriade aware of the dispute hy witnessing actions in the lobby 0f318 East 15'h Street. 12b. NYPD was cdled to the scene, however they classified this situation as a dispute between known parties with no most or criminal complaint filed. lzoa'. Follawup investigation conducted by Rights and Responsibilities resulting in a PNG notice being filed on 10/21/10 restricting visitor -- from all New School Buildings. CASE 1-00206 Report Taken: October 31. 2010 [22, Security Officer Subuloyc was on duty at the time iifiliis incident and ii. He refused entry to the unknown l2b. The Security omccr inund out that Ihc unknown ninie did kntiw the female studcnt because he came back to the building a while lalcr and did not know her namcv The Security omccr notified RA Rosalic who --I0 her mom. IZc-i. No other actions were Iakizn by the Security Department. CASE #2011-00430 Report Taken: February ".1011 in, Sccunly Officers Eric ('nncs and Douglas Merino were on duty at iccaiiun ul' 318 Enst 15'" These officers assisted the studcni victim by gathering mformalmn and keeping the two conibaianis apart he Security Supcnisur Cliff Monroe and the NYPD arrived at the dorm simultaneously and the police arrested - [th Student Housing and Rignis and were nolilicd supplied with icuon copies lZc-i, Investigation, and followup crindiictcd by Student Righls and CASE non-00444 Report Taken: February 14,2011 12nd The incident was tn Tim Sikorski, Assllanl Director ofScCumyv le. --studcnI/viclim, came to the Security Office in niuks an at 'lal We were liven a chmimltiglwl time line of that led In -- ccliitg tlircalenedi refused to file a criminal complain! with NYPD. Tim Sikorski iimificd Rights and Responsibilities and . could offer their assistance to the student. of this rcpori so they IZc-ii interviews and fullnw-up conducted by Student Rights and Resptinsibililicsi CASE #an [-00456 Report Taken: February 23, 2011 123. This incident was rcporlad to Robinson Lissain and Ihc RA on duty. l'at Pellicaiw, 12h, smdent--spokete RA Pal This incident was handed over to Housing and Students Rights and Responslbilities at this time. CASE fi2011~00468 Report Taken: February 25, 2011 12a Securlty Officer Reina Gonzalez was notified by Yonda Nyaditah that-- -was hei 11g stalked by her ex-boyfi'iend -- 12b. Officer Gonzalez was notified by AD Sikorski that--must call the police and file a criminal report and then obtain a legal order of protection. 12H. Investigation: interviews and follow-up conducted by Student Rights and csponsibllitics, CASE mill-00472 Report Taken: February 25, 2011 12a.-- student/victim, came to the Security Officer with Justin Lee, Director of Rights and Responsibilities, and reported her incident to AD Sikorski. 1211. A thorough interview was conducted. AD Sikorski recommended that -tile a report With the NYPD and obtain and order of protection, He also recommended that she provide us with a picture of her cx-boyfriend so we eould produce a PNG, but she never supplied us with a picture, 12e--i. investigation, interviews and follow>>up conducted by Student Rights and CASE #2011-00478 Report Taken: 27, 2011 121 Security Officer Trinidad was informed by student that She was mcciving threatening text messages from her alt-boyfriend who said he had gotten into the building. Security Supeersor CliffMonroe responded immediately to the domtitoiy. He reviewed the vtdeo tape and found that--was not allowed access to the building. -- was encouraged to file a criminal complaint with the NYPD, but she refused. IZcei. RA Ivan Humm was notified, A rayon was made. Security was directed to make a PNG by Student Rights and Responsibilities _is on a PNG list, which is kept at the Security Officer's desk at 118 West 13 Street. THE NEW SCHOOL 55 WEST 13TH STREET, MEZZ NEW 10011 lulu/2009 ON CAMPUS 318 EAST 15TH SFREET 31115481 1511; ST. 615;: was 213111 In dent AD 5 korsk TPO sludenl--slamd thal a male sludenl,_dld have sexual comm \vilh mans. her will while holh were in a dorm roam hangulg am on a bed a month ago. SuperwsorChappma responded to me scene and RA Nam sum" and lee female mum. The NYPD were no1ifled and wok an inillal mpon mm a follow up to be conduched by me Speciai V1c|imcs Unit. Ann inlL'rvicws and Invcsugalion by me Specul meims Unit the assigngd delectivcs stated (hm they would not take a case an it due 10 many factors 1nvolved. The vic|im was advised of 1his by the Speck! Victims Unit Thei idem \v1ll be referred lo 11131115 and Responsibilities Office for |heir foilnw-up invesligaunn and dclenninz'ion. 11M leoxsn 4/13/1011 a116:32:4x Printed AI: 5/14/20" Page i of] Report Excc I) THE NEW SCHOOL 55 WEST 13TH STREET, NEW YORK, NY 10011 DORMITORIES Inc 12111 Narnfivc RHD Bayes repcns at TPO mill--wed her and sounded very She asked him if|hem was an smergemy and he slurred somelhmg back 511: void 1m she was slzeping, 511: 111511 called s/o 5mm and asked him if he had seen and he ma: 1.: mud and as drunk, 31mm 101d her am he would take em afsilunticn and not answer phone if alled he! agaul -cxlled at 11:00 lhe um day and 1:1} mm a voioc massage.Att71atlim= he had not been seen by omeer Lanoe Hudson, T1 Sikorski was made aware and cmailc-cn 4/2/10 [151111111ch action would be taken 1f she wished pursue 1: and 11m Securiy would supnon her In daahng wim s1mat1on_ s/o Snuth also made an incident recon. ALSON 6/3/2011) at 1 . aned AL 5/14/2011 Page 1 of! Reporl Exec emu) '88? 0 - 0 3/ Incident *1 mafia? 3133?th "If" Mm flqug'M mg": REPORT Imurhcidammlam): 113.15>>: mm Alarm om Ark; 0 Time 0 "new Puma) Invalvn'l (helm: maxi! Weds), ad am! My 5c ,mfl'or gust) mm phone numbeds)m WW hunky, mm mum-zu- page) - . wmumm (want wt: was mowed. when the mam WNW, my: mum In: a: bunk Mammuau mum-mam SIGNATURE-Q ane'yi Lumrrigln; in" if: Rayon meme Incident Rein: 4/2/10 ofFrida A 'l 2nd at nuiI was called by the-- flhinkiag that there must be a building emergency! answereti the call and-was on the other and When i answered. "Hello." he asked. "What are you doing?" to which replied, "sleeping, what's going on?" Al point it . was difiwult tn remember the exact conversation but he continued to ask what was {icing and i kept asking if something was wrong and lfthere was an emergency. He rambled on something about email (we do nor, nor have ever communicated via email) and slurred some things that I couldn't understand, I confirmed asking him what was wrung and realized the! be was very drunk. [told him that I was sleeping and if there wa5 rm emergency 1 wauldbe going back to sleep. He slurred something and we got at? offlie phcne. I immediately Contact Officer Smith at the mummy desk and asked if h: had seen_ and lie replied than he had I asked if he was drunk and he said, drunker than I've ever seen him. he didn't even know where his apartment was." held him that he had called me and asked Office Smith if there was an emergency or something gming on in the building that I should knuw abcut and he replied He then told me he was aging can: of it and am in answer the phone if he called me again. A1223 am, i was called again by-and didn't nnswu the phone. Again. lcnmaeted O'ffiu Smith to let him know and inquixed I as to whether he had made it into his apartment and was not lingering in the building as wsmed to ensure that there were no mildews that were involved in this situation. He said that he was with the RA Jeff Batten and would have him double check but ihat everything was fine. mast Officer Smith and knew that he would Contact me ii" there any problems or additional infonnaxion, 1 did not receive any more phone calls that night I am call-this morning around ll am and 1:13 him a voicemail smug that I wanted to speak with him abvut this situation. At this time he had not been seen by the working officer, Lance Hudson and have nut heard from him. e, 'lmomy Slkarski 4/2/2010 205 PM Re. Thanks luryw help with Tim I malplele me leper! laday and elmer drop i| hy or bx l: .whal numbe' should use? The New Salem wm Tlmom Slkalskl man/10 ms PM Hey Rob lnlermed m2 elvmel comma last mm mm can lax Sammy repm lot you |o fils smug me delele ul what Usnspired Please .nclude the substance elwnal said e1 me plume. now many mes he called you and me me: or the phone because can we k; level Ufa crlm'lnal eel under N.Y stale 'aw. This may be wrvs'lderzd Aagravaled Harassment may Is a oflunw he muld be aueeled luv ynu \o pursue 'll mellar We will do avalyming we can la suppon you ln dealing (his slluallon lmludlng having him remalei (mm mm as me super all me channel: llyou have any queshons Fol me please Veal wee lo cal! nr F-mall me My Exlenslon ls - Best Regards. nm Incident THE NEW SCHOOL SECURITY DEPARTMENT INCIDENT REPORT Thefl/Lcss hum/Sickness Alarm LnstandI-'mmd cum Dam Maggi." GBP10 7 Lucnlian oIEvenL oflncidcm Wflime P: (mcludc phone numbms) and whe e| rucuuy, staff, studcnl ox gums!) Whax (explain in (Izmir who was involved, where the inci dem haw, why? Pleas: use m: back oldns form a Emim do you recommend as a mnnerEcsponse, If any, no 'he madam? onedB Name Ad SIGNA lg uua/ oar/IL ya) 5/0 em: fie 49 fi/ THE NEW SCHOOL 55 WEST 13TH STREET, MEE NEW YORK, NY [0011 Case fi': [11!"th OF OTHER REPORT ONLY -- NO ARREST 10/11/20") 4 1AM thaigaumn ONC MPUS Mum: WILLIAM STREET My 3::me Oily. Cnde' - lnc|dcnk Numme REPBRTER ifiIAT CAME INTO THE BUILDING WITH A GUEST NAMED NYL STUDENT) I REFUSED ENTRY TO THE GUEST AND WHICH TIME BOTH STUDENTS LEFT THE BUILDING RETURNED MINUTES LATER CRYING AND SAYING THAT HE WAS PRESSURING HER AND FOLLOWED HER TO THE DDRM. THE RA ON DUTY WAS NOTIFIED AND TO HER ROOM. To THE BUILDING AND ABOUT THE GIRL HE WAS WITH. HE WAS GIVEN NO INFORMATION AND WAS ASKED To LEAVE THE BUILDENG may imamfin KATE DANELOWSKI 3/30/1011 at 17:42:56 Page 1 of] Report Excc 9(2011) Incident fl: THE NEW SCHOOL SECURITY DEPARTMENT AAW MIPORT Then/Loss Injury/Sickness Mun-n 105|andFound Omar DaleRePoned 1?25 wu'inn 05"{ LocationnvaenL 5i. Dale [UNI/wring Banana) (include phon: nmnbans). [2 050, 01, themes) and whether ficully, staffer guest) Witnesses (mcludc phon: numbms) and whemer facuhy, snuff, sludcm ur gum) Whalflappcnad'! (explainindelai! who wasmvolvcd Please - whm/L I Lav-=1 \vLe and" ab in many vw'mw; kw 5; gig; ha WBL 7,39% I. "Med ML, What action was taken in 4234M 4 rmew, What acliun an you recommend as a funhcr response: lfany, madam? Incident By: Nam 50 Qfir'gwfit Address 7 Phone SIGNATURE: . W74 1% Axum \JvaxA--X cum Leuor 9w LW owe wLaJn 41c gm Nun [lpr 02.;ng and" {yr @711 i wk; 631% af- \I/v H0 022d ,mV [14mm MW, 51 749mm," 144 WW #21 66W Luz-wt" A1, Wand/mun 1/0344qu p4qr \Ladevleu cw wag--EMJ THE NEW SCHOOL 55 WEST 13TH STREET, MEZZ NEW YORK, NY [0011 Case fi': Imidmiflmu) - OF OTHER madam DANIELOK KATE DAN LOWSKI Mans-mm ON CAMPUS SISEASTI fl IREET 318 EAST Incident Narrative 5/0 mpons an'Po --re-emem5 me buildmg aficr having a [mam] with --oucside I: led to follm- mm [he elevam, um 5/0 stoppcd him. Before he |en he some wmpping paper from 5/0 Ddesus uicd to Is" say in me building, but she followed--cumde. When she remmed, she was upset and slated that--5101: her momhly meuncam. s/o Dams called me Peliee _refused [a slap at (he seeumy desk to make a rcpon. 5/0 Dcksus mm the pulice that she didn't wam Ia make a report Supv and RHD Kell Joyce were notified Wfififi$ KATE 1/27/2011 In himed AL 6/14/201l Page 1 of! Report Exec THE NEW SCHOOL SECURITY DEPARTMENT "we INCID TREPO . Typeunncmemcmxeune): Then/Loss Injury/Sickness Alarm LoslarndFound O'hcrfimkewng nmakaponed 5 Time LieQfLocmnanvm-a 5 lat/"fit Dateoflvcidzm Q15 Tame 55E Invulved (include plume adduisks) and wh=m=r faculty, smfior gum!) 2b. fi (Include phone numbeds) and whether faculty, staff, sludem Dr gum) Same. a3 alcove, Wha| szpmed7 (explain in dam]: was involved, Wham {he incidcm happened, how, why) Please: use the back Drum farm If dense ion was taken in lb: ncidenl'l A (Lam met 4% and. ugerv' Or' . wna: ac'inn d0 will recommend as a funher responsc. if any, to the mama game; 3 Lox/C In dam Regnned By, Nam: 32:1; - T?me. keg?? ?/Legq Mme. dek C(df?aiv?rg +41 We ?m mm I kqggaccx?eci 41% Poiice Warm/?01+ (beige. OWCJL 5kg? rem We 0V1 [16.0" eddy {m 05; QOU (?Jr asy. 61.0ny QQW Vise. De?ne: [Depcx?km - OK 7 I Hag, ?031?; 1' bi-Ai? 8UQ3.F U4. 6 +0 UUNHL ??44 lrxd? {n Q0m+qc+ Me ?33 +4449: - a??asf (35 ?air/9:17:15; @061; Mlle/p D32 4 Security Deskon15,201012 ZEI 48 PM EDT THE NEW SCHOOL 55 WEST 13TH STREET, MEZZ NEW YORK. NY 10011 Case gimme" .- SIKORSKI 1 TIM leoRsiu Widleeaflom UN CAMPUS Building Mmdfimm mums? SIKORSKL TIM Ageggeet Ru misfit Hair {Ems Gian we) Weak, magnum Incident Nar the seeumy amce siaies ihal ahc mel-- ill lhe pholo lab at ihe beginning orher firsl semester in 5|:le 2010 al whieh hme he engaged in normal conveisaxlon about school, He began in shaw her dlfl'crcm aspen: airhe phola [ah and the dark mam processing lhai he was vcry familiar with. --:tates lhai lhis siadem sianed ID eeuraez her via chi and email sumc'whut frequently up [0 he semesrer break. A shun ume ago--mother eallerl_ lull her lha| he hm] a pamn ahaeir and was ihe unit at Berh lsrael l-laspiral for a few days. _mld his Mom lhal she haped he fell heirer Snull ehavlor toward--has since became abnomlal lo rhe poinl arbaing alammgi nd her ly He has aeril her mesaages that he loves her, tlia' ihey are married, _rcalized Lhal --was aeiing increasingly mange when my me! each orher while she aliehded class. _wld him dial she has a boyfriend and mm she had no ihreresr in a name>> mama: egg-1w TIM sl21'20:13 Printed 6/14/2011 Page 1 of2 Repun Exac I) Case Numhei rorrihhiie relaiioriship wiih him. He iheii lier messages a: all hours oiilie highi and orie onhehr said she shauld be very careful wheri she is in ihe dark roorri 2| whim]. _par:ms called ilie securiiy nffice frum England and a family rrieiid rhar resides in NY has also called secumy dime our oorieerri {in her -- stated she was alarmed by his wheii she visired our omce wiih her hoyfi'icnd who resides in London. We lier ihal rliis ivill go re serviees ror She feels Lha' his behavior is increasingly becoming more bizarre she mentioned ii 10 teculiy \ll her ram and was laid [hat many Facully members are aware orhis suoiige behavior and will make an moi-i in gel him some help. fishes |hal she feels very sinned and uncomfomhle while an class irirh rhis oiher shiderii prescm ihe pholo lab rlirii she is required lo spend a deal -- was advised onier righi to file ii repon rlie NYPD limvevei she did feel mm was at this _would like ihe imervemioii ofihe school in help her Willi [his sirusuoii --was iald dial iieriv edict acllom' |o securily immedimely This ivill be referred to sriiderii Rights and rcsponsib lies. Whis- u'mi Bi; . TIM SIKORSKI 4/13/2011 al21: 0:13 AI 6/14/2011 Page 2 of2 Repon Exec qzoll) 2 0 yy/ Incident Report: Harassment at student THE NEW SCHOOL SECURITY DEPARTMEN Iyprottnnidentteneleonet- Theft/Loss Injury/sickness Alarm Lostandl-'ound outer; Harassment 02/14/11 Tune 2:10pm Location of incident: Vflrious plants on Date of Incident Sept. 1010 thru current Time: various involved (include phone nomberts), (es) and whether stattor guest) treshmun Photography :Iuflc'ni: -- ago is student age 24 aoeused oi harassing and obnormol belutvior hm ards student ahuver WITNESSES: There are text messages o_ phone trom_ are harassing and disturbing Whit Hoppened:_pretent in the mority ot'tiee 5mm she met--in the photo lab at the beginning nt her first semester in Sept. 2m al which time he engaged in normal eonversutlon about sehool.l1e began to show her ditterestt aspects vi the photo lab and the dork room processing that he was very tsmilior willie --statee that this student started to contact her via text and email somewhat treouentl to the annular breath A short time ago--mother to tetl her that he Ind a sole attack and Wu admitted to the ntileth lsroel Hospital for a tew days. i told his Mom that she hoped he tell hetter soon --cathnx xinec become increasingly abnormol to the point oibemg alarming to Ind her Family. He has sent her mestagti that he Loves her, that they are married._ realized that--was noting inerestingly strange when they met eaeh other while the attended clash--told that she has a hoytrieud and that she had no interest in a romantic relationship with him. He then sent her messages at an hours uf the night and one at them said she should he very earetui when she is in the dark room at sehooh--p-rents eeued the security ottiee trout England and a taruily trientl that resides in NY hos also raued the sernn'ty <that she [eels very nhmned and while It with nmer student present in the plum: lab thal xlle is required to spend a great deal a! time in. har-ssment with the NYPD however the not [eel that win mesm al 5 mm wnnhi iike the intervention or the school In help her with this siluafin in": Iold [but if Ill) other .ccimn by--cuminue to notify security immediately fur uIIr assistance. 'rhit will he tn Student Riglus and respnmibilitics. Other recommendatitms in this incident: _wni advised of her right to me a rim uf Name: Tim Sikorski AsSl ent Security Dvecmr Phone It Ex! 4277 negated by Tun Sikorski SIGNATUREM and[2,hemaW -- THE NEW SCHOOL 55 WEST 13TH STREET, MEZZ NEW YORKNY 1001! Case #1 (man mmnm}: SEX OFFENSES (N0 CORTES, ER C0 ES Emmaiqfl: ON CAMPUS mm 9- 3111 EAST 15TH STREET . SUP MONROE AT SUPERVISOR MONROE REPORTS THAT AT APPROXIMATELY ZSBOHRS 1-IE RECIEVED A PHONE CALL FROM ASST DIRECTOR ON CALL HAYES INFORMING HIM OF A STUDENT HAD BEEN SEXUALLV ASSAULTED ANOTHER STUDENT AND PULLED A KNIFE ON HIM ALSO. SITE WANTED To KNOW IF THE STUDENT W1TH THE KNIFE WAS STILL IN BUILDING. SUPERVISOR MONROE INFORMED MS EAYES THAT HE WAS UNAWARE OF INCIDENT AND WOULD GET RIGHT BACK TO HER w1T1-1 DETAILS, SUPERVISOR MONROE CALLED 3121 15TH ST DORM AND SPOKE WITH CORTES WHO INFORMED HIM THAT STUDENT REPORTS THAT STUDENT--WHILE HORSING AROUND WITH HIM MADE SEXUAL ADVANCES IN THE FORM OF GROPING --THAT ADVANCES WERE UNWANTED. AT SUCH TIME--BECAME UPSET AND AN ARGUMENT ENSUED DURING WHICH A KNIFE WAS ERIC toms 4/13/2011 al 17:30:11 ancd 5/14/2011 1 00PM Page 1 on Report Ewe c(21)11) mommy-- SUPERVISOR MONROE RESPONDED AND ARRIVED AT SAME TIME As NYPD. THEY WERE MET BY HEAD RESIDENT ASHLEE MILLER WHO LED THEM TO -OOM PLACED HIM IN HANDCUFFS. - FACT DID WANT To PRESS TO PCT FOR PROCESSING. (By? ERIC CORTES mm- 4/13/2011 a117z30:18 Jim Al. 6/14/2011 Pagcl an Repnrl Em c1201 1) -- 6? 7'30 THE NEW SCHOOL SECURITY DEPARTMENT "a Z746. INCIDENT REPORT Ssnuh Date choncd 12 1g; 2011 Time m3 )hnl Locafion nfincidcnt 3! 15"1 Dale of Incident 11 {ab 20]] P21311113) Involved (1mm phone numbarIncident #2 THE NEW SCHOOL SECURITY DEPARTMENT INCIDENT REPORT A Injury/Sickness Alan-n Losundsound Omar Timer 2500 Lucadmmeme BM [3 U-- 0 Dale uflncidem ll/ZM Tim: L200 Person 5 s) and Emmy, sun or gum!) Wiume (include plum: and whether facul|y. staff. smdem ur guest) w:5 Covlvz, Hm flch/ supv. Hum What Hupplmed? (ex-phi} 'n detail: who was Wham Incident how, Please use the back om"; rm. anion d0 yuu as a funher Icsponse, ifany, the incident? I hcidmtfijlgifix. Nm lfij Man>> Phone SIGNA Incident THE NEW SCHOOL SECURIIYDEPARTMENT 244 I CIDENT REPORT Type Thefi/buss Man-m Lusund Found omer DamRepcned 3/0 Time ZBGO Localionvavcm 3/8 Easi 514v um: 71/ Time Persona) Involved (:ncludc phone numbexs), addressks) and faculty. start at guest) 5'0 Cork: 79meu HRR 16 Made Hv hm) Wimesm (include numbcr(s) and whexhnr faculty, staff, student or guest) What Happened? (explain In detail: who wasinvolvad where Um inmdem happened now, why'! fleas: use the back my )4ng fl efigd 1' ar 4/1126 A: 2:110; My my: wm action do you momma as a funhu response, My, 10 an incident? anidemke onedE - Name Add SIGNATURE: Date: February 12, 2011 To: Security Officers and Supervisors From: Thomas Hiceto, Director of Security Ra: Access to New School Buildings Please be advised that New School student_ '5 Persona Non Greta and is not to be ailowed in any New Schooi building until further notice. THE NEW SCHOOL 55 WEST 13TH STREET, MFZZ NEW YORKNY 10011 Case 201111111153: Incidenl'iypegjGONZALELR REINA GONZALEZ 1/15/20" PM - ON CAMPUS - 318 EAST 15TH STREET Flo DORM Mawmmim binary-3 5 4 smonsm, TIM v1; AW 311 EAST 1er ST Incidcnl Narrative TPO 510 Gonulcz repays she was b_ guest_ nun--is being smlkai and "maimed by her cxrboyfiiend who has been hangmg outsme offlle dorm He has hem identified as - Asst Dwemcrof Securin Slkm's'd was informed of dmils. 112 mslructed 5/0 Gonzalez to adv1sc_ to file a pulice upon mud on 0111ch rcpurl wm. S=curil . HRA Ashley Miller was me noufied. . mu 1 "1491111 REMGONZALEZ 4/19/2011 1120-33-11 At 6/14/1011 2-00 14PM Pnge 1 of1 Rupm'l Excc c1201 1) go xr fl Incident 2 THE SCHOOL SECURITY DEPARTMENT Algesz e474 INCIDENT REPORT Than/Loss Injury/Sickness Mann om Date Reported <<9/2341! Time /]uo [mam ovacm .7 (XE. /r Dme oflucidcnl ge (4 Time 13 Panel-1(5) Invu lved [Include p/nonc numbms), and whether faculty, war or guest) HM fl/VC Witnesses (include phulle numbms) and faculty, staff, student ar guest) What Happunad'l (explain In devafl' who was involvtd, whcr: due incident happened, how, Pleas: us - Ifnec dry) Winn action in to the incidml? .1 A A15. maul/9' Quinta ma fit mm AMWVW m; MAM ado" wmfizan dn yau recommend as a [umber response, ifuny, In the iicidcm? Inm'dwt ned . Nam: Add'ess SIGNATURE. THE NEW SCHOOL 55 WEST 13TH STREET, MEZZ NEW YORK, NY 10011 cm, Mum, WIMWSL r, .. 5 OF OTHER REPORT ONLY-NOARREST Wfli'gkrm - LISSA ROBINSONL AIN mugm'mqfl "a r, - ON CAMPUS - 318 EAST 15TH ST Manager/Swim ET 371>> 15TH s1" RpoM Incident Nan-n! 5/0 re ans um from Roan-cumplaincd \o him mm for past has hamssing her by s|a|kmg he! and knockulg on her door between 2 and 3am and his love for her. Tlus is makmg her extremely ncrvous and scared. RA on Duly and Pal Pellicano wen notified. Mr. Pelicxnu reponed 19 me dorm man the studem Ins office to discuss me simution. . Mir: km 11 RoamsoN USSAIN 4/19/2011311 4 Prmm! At: 6/14/2011 3 56PM Page a" Repon Exec mm 1) 75'6 Incident #2 THE NEW SCHOOL SECURITY DEPARTMENT )4 INCIDENT REYORT Injury/Sickness Alarm LoslandFound Other DaleRepencd Time 0 av Localiunovacm i F/wr - DaleoflnCidem 24 Z41 TimJ'ffifl include wnanerLacnny,smrorgueso 1' 7 wimses (include phone numbex(s) and staff, sludem a! guest) Happancd? (explain detail: who w" involvnd, Where Lb: madam happened, how. why! Please. Adana/fl}th {mi '3 1.4144; 1: a 41m (J x/flmw x" )4 Q, "n Jed A X'fihL/Ih} rm"; -- t~ g/ age/(1; 14 4w Apr, Jle mr u; What anion was taken in response an incidonl? (mun-MM 4.4 (PIA figLLmAn/exam 'a'hw' mu c'ww? EL any,>> What action do you recommend as funhcr response, ifnny, no incidznl'i Incident Rennmd By . i .Jql SIGNATURE: THE NEW SCHOOL 55 WEST 13TH STREET. MEZZ NEW YORKNY 10011 PORT ONLY A No ARREST VAfiloue Mm; 9mm. Incident rn New School Sludehl --pmsEURnl |oday in the seeumy office luslin Lee (Assxalam Direewr olsrudem iuppun/cl'isis slalcs she has hem experiencing some Issues wilh her former boyfriend that are makmg her my uhmmlonahle.- ex mined she had a two year wilh _lhal she ended abaul (wn rho..th ago. since [fined been comauing her by and by phone all lheir which -doas not wam -has expressed her wishes no! lo have any camacl wl|h hm hm jusl keeps pursumg lhe he --has lhrralened lo harm to does hal gel back with him 'mlas lhal he overdosed lwiee already lhal she knows hr -smas has also had recem oonversalions wilh her Mam at her place of :mploymml all rclaled la relauunship. also 0 ms lo be uncomfortable because --will Show up oulslue her alas buildings and talk la her as sh: ahempls avuid him. He walked up an al the Incal mm Bapsl Library which was very - 4mm: 4/19/2011m11'02151 PM Page 1 of2 Repnn Exec l) d1stu1'biug 10 her. He has yet 1n threalcn 11:1 but has conunnally pursued 10 Ihc 1mm! ofbelng ehnaxinus she warns 11 to and AD Sikorslq advlsed her 10 file a NYC Police repon 31111: 10$chhm1. covcls [m residcnc: And express her 1? lhe Pnhce on how she would pursue an ordnr thru me court system was also lo supply seem-11y wilh a 11mm 01-50 w: can produce a PNG nouce and 10 all me wcurily desks on campus. - was aIso given 1h: 14 New School mun-11y desk phone numbcr [on he. 10 call at any |imc in case efxny a.ch 1ssucss TIM smoRsm Primed AL 6/14/2011 Page 2 on Rspon Exrc C(10l 1) p7?) 1,,50 '172 Incident Incident Report: Aggravated harassment of a student THE NEW SCHOOL SECURITY DEPARTMENT Thea/Loss injury/sickness Alarm Instandl'ound Olhel': Date Reported 02/75/2011 Time 12:05pm Lacafivn olilltidenl: Various mentions nu "run in public Dale orlncident: last two months Tllne v-rlous Personis) Invoived (include phone nun-berm, address (es) and faculty, start or gllen) --suomouu) -- age 41 very thin build with long brown luir who resides at 69- aye. NY Nry, (lonnzr hoyirieud oietudentubove) WITNESSES: None a: thin time. What Happened: New School Student --present today in the otriee with Justin Lce Director of student sis Manzgemenl) all!" the Illa: been experiencing some issues with her tonnes that are milking her very explained thal she had a two year relationshio with -- lint she ended about Iwo months ago, slum (hm iime-- has been contacting her by email/ text and by phone in all attempting Io rekindle their relalinnehip which - does not want - has expressed her wishes not to haw any contact with her bui-- heepi pursuing the issue.-- has threatened In harm to himseli iiahe dues nut gel book with himF states that he had overdosed twice siready ihal she knows of - slates has also had resent conversations with her Mom at a pince or employment sh related to rekindle their reiationrh' also einirns to be uneomrortable bonus--will Ihow up uulsid! her class buildings and Inlk to her as she sample to mid hinn He wanted up on her at ihe local NYU hops: Library which she was very disturbed over. He has yet to threaten her but coutinuaily pursued her lo the paint nf being obnoxiolu and she wants it to endi Actions taken in response io Ihi: incident: The undersigned advised her to file NYC Polite repnr! st the Ill-Pct. which covers her residence Ami stoma her wishes to the Police on how she would nursue an order of prolech'on lhru the court _waa also advised to supply security wilh a Photo Mm can pmduce a We notice and distribute to all the murity desks on err-up us also given the 2t hr New School security desk phone number any iulure issues. THE NEW SCHOOL 55 WEST 13TH STRE MEZZ NEW 1001] Case maidmvl'm MONROE CLIFFQ ON CAMPUS Buiiding:_ 118 WEST 13TH STRE SUP. MONROE mag-m; REPORT ONLY -- NO ARREST 11-3 weir 13THS ciflem Narradve TPO Supv Munroe repons 3/0 Trinidad aux was apmbached by msudent, --who complained um sh: was harassing plum: calls and 1m messages from her ex-boymend,-- --also ms [Ila--clawed that he was In the buildings, um 5/0 Trimdad had let him In (he budding (he identified 5/0 Tnnidnd by name) and um he was kill her Supv Monroe msmmed 5/0 Tnmdad no can In: RA on duty (Ivan Dmton Rnom 4c) and ask mm to speak ro-- When Supv Monme arrived at us Wesl 13m 51. he and 5/0 wvnewed [he video ups and saw [he-had NOT been allowed --\vus encouraged by 5/0 Trinidad Innke a formal complaint Ihu police, bm she declined ,5 m. cume MONROE 4/20/2011 n1 1 . mwmw, PrintedAl.6114/201| H.411. 0AM Page 1 of! ReportExcc 5(2011) Z7 DO 777 Incident THE NEW SCHOOL SECURITY DEPARTMENT $14.21;" INCIDENT REPORT Type (Circle one). Student Being Threatened Date Repoflcd 27 Februhrv 2011 Time 0495 Location ufincident 118 13" Date uflncidenl 27 Febrnm 2011 Person(s) Involved (Include phone numberist, nddress(es) and whelher faculty. guesl) S/o Trinidad [van Dunon, Resident Advisol on Duty Rm 4c Witnesses (include phone and whether facully. start, xuidenl or guest) What Happenedv (explaln rn dent] who was involved, where are incident happened, how, Please use the back of this form lf'nucessary) At or around 0405 3/0 Trinidad who was shed at 118 13'" St 1' oned that she was aggroached by resident fi comglained that she was remixing harassin Trinidad had let him in the building, he identified s/o Trinidad bv name and that he was going to kill her, acrien taken in response in the incident? 1 instructed to call the RA on dutv and ask him to speak to" Whenl arrived at 113 13'h st 5/0 'nidad and reviewed the hue and saw that -had not been allowed in the building and-- was encouraged by In Trinidad to make a fon-nai mmylain! with the police which she declined. What action do you recommend as a Further respunse lfau to the incident"! I recommend that we circulate uictures and make him persona nun-gate. Incident Renamed Bv- Name Monroe Clifford Ad Pho SIGNA Student The New School Campus Lle/?u 0 Academic Technology FERPA (Privacy Rights; Health Insurance Housing Meal Plans NewCat'd Rights and Responsibilities Safety and Preparedness Student Development and Activities Recreation and Intramural Sports Student Handbook (pdf} 2011 Resource Guide for Graduates Student Government Student Organizations Writing Center Financial Services Student Financial Services Applying for Aid Billing and Payment Scholarships Tuition and Fees My Awards Academics Bookstore Calendar Catalogs Grades Petition to Graduate Register for Classes Transcripts Major Events 9 Commencement 0 Convocation Page 1 of 1 Campus Services Career Development Disability Services Health Services HEOP International Students Intercultural Support New Student Orientation Ombuds Registrar Parents 0 Parent Pages LMHJ 6/15/2011 Student Services - Rights and Responsibilities The New School Student Services Student Services Rights and Responsibilities About the Office of Student Rights and Responsibilities Page 1 of 1 Related Links Code of Conduct (pdf) incident Report Form (pdf) Non-Academic Disoplinary Procedures (pdf) Expungement of Student Disciplinary Records (pdf) Expungement Request Form Computer User Responsibilities The goal of our office is to ensure that all students have positive experiences at The New School in an environment conducive to harmonious living and learning. These pages contain information about your rights and responsibilities as an individual student and as a part of the larger community. You are responsible for maintaining principles of fairness. civility. and diversity in your dealings with others. Therefore, please make yourself familiar with the Student Code of Conduct. which is based on these principles and is intended to guide all members of our community?students, faculty. and administrators?and foster intellectual. artistic. cultural. and social development. You can link to this and other related materials using the menu at the right. Please feel free to contact our office if you have questions your rights and responsibilities or require advice and assistance in a particular situation. Assistant Vice President for Student and Campus Life Tom McDonald 79 Fifth Avenue, 5th floor New York. NY 10003 212.229.5900 x3656 rncdonalt@newschool.edu Director for Student Rights and Responsibilities Gene Puno-De Leon 79 Fifth Avenue. 5th ?oor New York, NY 10003 212.229.5349 x3653 6/15/2011 Qn?L?ampus 'l'hings You Need To Know Page 1 of 2 The. New School Student Services 2? New Students On-Campus Things You Need To Know Things You Need To Know Financial Services Related Links To learn more about the following services. log in to MyNewSchool: Hotel and Lodging Information PDF Electronic Refunds directly to your bank account Directions to The New Payment Plan Web Check/ACH Payment The OffiCial NYC GUide Designate Authorized Users Electronic Invoices Financial Aid Status In an effort to offer greater access to invoice and payment information. as well as reduce our impact on the environment. we issue electronic invoices. Initially you will receive a paper pre-bill at your official mailing address and thereafter you receive notification to your New School (@newschooledu) email account when an electronic invoice is ready to be viewed. For more information, visrt the Student Financial Services web5ite. or contact Student Financial SerVIces at 212 229 8930. or send an email to sfs@newschool.edu. Online Resources elearning at The New School Online classes, and many on-campus classes. use Blackboard course sites You can find links to your Blackboard classes in two ways: When you have logged into MyNewSchool, you will see a "MyCourses" icon in the upper right portion of your screen (along with links for your New School email. MyFiles. and more). Clicking on the MyCourses link will take you to your Blackboard courses. You can also log into Blackboard here. On-Campus Classes The Blackboard course sites for on-campus classes appear in Blackboard on the day your classes are scheduled to begin if your class first meets on Tuesday. for example. you will see the Blackboard course site for that class on Tuesday morning. Be sure to log into the Blackboard course site. Your professor may have posted the syllabus. readings, or other important information there. For information and tutorials for using Blackboard. please visit the eLearning tab in MyNewSchool. Online Classes Your online classes will appear in Blackboard on first day of the semester. but the first few days are reserved for a Blackboard Orientation class to help you learn about Blackboard You will receive an email at your New School (@newschooledu) email account informing you when Blackboard Student Orientation is live and giving you instructions on how to log in. Computer and Technology Discount As a New School student. you have access to great deals on computer software and hardware. You will find a link to Academic Technology on the Student tab in MyNewSchool. Academic Calendar The New School's academic calendar is available here Be Sure to familiarize yourself with important dates such as the Start and end of classes. and university holidays. University Policies and Procedures There are certain privileges. rights. and responsibilities associated with membership in The New School community It is important that you are familiar With the university's policies and procedures which ensure that your experience here is a positive one. For more information. visit the Student Rights and Responsibilities website. Safety and Preparedness The safety of our students is The New School's first priority. and toward that end we believe that you should be familiar with the safety and preparedness procedures adopted by The New School. For more information, visit our website. Planning for Your Arrival Here is some helpful information to assist you in planning for your arrival to campus and life in New York City. Travel and Lodging Here are a few links to help make your travel to The New School and your stay in New York City easy and enjoyable Directions to the New School 6/7/20] 1 - Un-L?ampus 'l?hings You Need 0 Know Page 2 of 2 Hotel and Lodging Information The Official NYC Help is Avaiiable It you have any questions about what you have to do or what you need to know prior to your arrival on campus, contact the individual offices above or email 7144 6/7/20] 1 Human Resources lraimng and Ucvelopmen sexual harassment training rugs: i 1 The New School Human Resources Training and Development .w Se-xua! ilafa?3?5n?lent Training Sexual Harassment Training Online Sexual Harassment Training Program All administrative staff and faculty are required to take this training. ReIutcd Take tho onlrne sexual ?llw university provdes oniine sexual har'aSsrnent training software by New Media Learning called. ?Preventing Sexual harassment training new Harassment" This online program is compreherisive. user friendly and can be accessed 24/7 from any computer with access by logging on to For those With no excess to a computer. a dedicated terminal is available In the Office of Human Resources at 79 Fifth Avenue. 18th floor. The entire, training program can be completed in 80 minutes. The New Media web site gives clear instructions for completing the training program, lists an address for Human Resources where questions and concerns can be emailed in confidence and contains copies of all relevant University policies and procedures. Upon completing the program. a Certificate of Completion is issued and the results (pass/fail) are mailed to the Human Resources for filing Any additional questions related to the software should be directed to Keila ?l?ennent. Associate General Counsel. at x4934. Revision of the Sexual Harassment and Discrimination Policies and Procedures More information on our policies for sexual harassment and discrimination are posted here; they can also be accessed in the Institutional Policies and Procedures Manual available in the HR box of the Employee tab at my.newschooi.edu The Office of Human Resources and Office of Student Affairs have well-trained and experienced professionals in the management of situations that may give rise to claims of discrimination as well as the swift review and resolution of formal discrimination claims once they are presented. l?lease contact Human Resources at 212.229 567] if you have any questions regarding the rewsed sexual discrimination policies and procedures. 6/3/201 1 From: "Susan Sawyer" To: Date: 6? 5/2011 5:15 PM Subject: FW: Reminder: Sexual and Discriminatory Harassment. and FERPA OnlineTutoriais and Policies From: Announce Announce Sent: Thursday. February 11, 2010 10:22 AM To: Announce Announce Subject: Reminder: Sexual and Discriminatory Harassment. and FERPA OntineTutorials and Policies This is a bi-annual reminder to all students. faculty and staff that The New School is committed to creating and sustaining a university environment in which students, faculty. and staff can study and work in an open atmosphere. unhampered by discrimination. As such, the University is committed to prohibiting sexual harassment and discrimination of any kind. and. to immediately respond to and investigate any such concerns. in order to achieve and sustain a community free of sexual harassment andfor discrimination. standards of behavior and procedures for dealing with breaches of these standards must be established and implemented within the context of academic freedom. The continued education on the expectations of all students. faculty and staff in the University community is essential; therefore, tutorials are available for people both new and established in the University: Online Sexual Harassment Prevention Training - - provides information on sexual and discriminatory harassment. This online program is comprehensive. user-friendly and can be easily accessed from any computer with internet access. There are two available versions, depending on type of user: 1.New Users - an introductory course for new students, faculty and staff; 2.Existing Users - a refresher course for students. faculty and staff who have already taken the introductory course. Existing users must take the refresher course once every three years. Oniine FERPA tutoriai (Family Educational Rights and Privacy Act) - - provides training regarding the privacy of education records, establishes students? rights to inspect and review their educatiori records. and provides guidelines for correction of inaccurate or misleading statements. Faculty and staff should take this tutorial once every two years. Students should review the university's FERPA policy annually. CHERM INSTITUTE RESPONDING TO CAMPUS SEXUAL MISCONDUCT @resenteJ 5y SaunJra K, Sc/iuster, @rett?. Solicibw, 14). Scott Lewis, 10). The Legal Landscape 2010 NCHERM all rights reserved TITLE IX 20 U.S.C. 1681 34 C.F.R. Part 106 (1972) Title IX of the Education Amendments of 1972 is a comprehensive federal law intended to end sex discrimination in all areas of educa?on Title IX made non-discrimination based on gender a condition of participation in federally funded education programs Title IX guarantees equal access to educational programs funded by the federal government and applies to all recipients of federal funds both public and private institutions, though there are religious exemptions 2010 NCHERM all rights reserved MORE ON TITLE IX It applies to educational program equity, such as in athletics, and also to sexual harassment and sexual assault . Although Title IX applies to gender discrimination, like Title VII, it did not recognize sexual harassment as a form of discrimination until 1992 (Franklin v. Gwinnett Public Schools) 2010 NCHERM all rights reserved SIGNIFICANT CASES Franklin v. Gwinnett Public Schools Gebser v. Lago Vista Davis v. Monroe County Rd ofEdacation 2OI NCHERM all rights reserved Franklin v. Gwinnett Public Schools US Supreme Ct. (Feb. 26, 1992) In 1992, the U.S. Supreme Court decided Franklin v. Gwinnett County Public Schools, which established that sexual harassment constituted sex discrimination under Title IX. Gwinnett also provided a private right for recovery of monetary damages under Title IX Gwinnett did not address issues concerning the educational institution?s liability 2010 NCHERM all rights reserved Gebser v. Lago Vista Indep. School U.S. Supreme Ct. (June 22, 1998) Case involved a faculty/student sexual harassment. Supreme Court created a high standard that a student must meet in order to prevail on a sexual harassment claim against the institution when an employeezstudent consensual relationship is the basis of claim. Ct. said you cannot recover monetary damages against the school unless the behavior has been reported to someone with the power to alter the situation (?actual notice?) and a ?deliberate indifference? has been demonstrated by the school. 2010 NCHERM all rights reserved Gebser Three-Pa rt Standard: an official of educational institution must have had ?actual knowledge? of harassment; the official must have authority to ?institute corrective measures? to resolve the harassment problem; AND the official must have ?failed to adequately respond? to the harassment and, in failing to respond, must have acted with ?deliberate indifference.? 2010 NCHERM all rights reserved Davis v. Monroe County Bd. Of Education U.S. Supreme Ct. (May 24, 1999) Prolonged pattern of student-to-student sexual harassment of a 5Th grade girl by one of her classmates. Parents complained to 3 teachers principal The school took no action until the boy was charged w/ and pled guilty to sexual battery Filed Title IX action, alleged that persistent harassment and deliberate indifference resulted in her inability to attend school and participate in activities 2010 NCHERM all rights reserved Significance of Davis ruling: Supreme Court applied same standards to find the institution liable for damages as in the Gebser case: the institution must have ?actual of the harassment; and the institution must have responded to the harassment with ?deliberate indifference?. Additionally court held: 1. Harassment must be ?severe, pervasive, and objectively offensive,? and the indifference ?systemic,? to the extent that the victim is deprived of educational opportunities or services. 2. Justice O?Connor added a framework to determine deliberate indifference stating that deliberate indifference constitutes a response that is ?clearly unreasonable in light of the known circumstances?. 2010 NCHERM all rights reserved Three ways a student may assert a Title IX sexual harassment claim against the institution: (1) Sue the institution in court and seek money damages; (2) Sue the institution in court and seek iniunctive or declaratory relief; (3) File an administrative complaint, i.e. internal grievance with U.S. Dept of Ed. Office for Civil Rights (OCR) 20l NCHERM all rights reserved ROLE OF OCR TITLE IX OCR is responsible for establishing the compliance standards to be applied in investigations and enforcement of Title IX regarding sexual harassment. i The OCR Guidelines distinguish the administrative oversight of Title IX from the standards applicable to private litigation for monetary damages and distinguish Title IX requirements from those of Title VII (agency law) 2010 NCHERM all rights reserved OCR GUIDANCE January, 2001 Provides the principles that a school should use to recognize and respond to sexual harassment of students as a condition of receiving federal financial assistance. The revised guidance from OCR states that once a school has notice of possible sexual harassment of a student, the school should take immediate and appropriate steps to investigate what occurred and take prompt and effective action to end the harassment, remedy the effects, and prevent it from occurring again. 2010 NCHERM all rights reserved OCR GUIDANCE (cont.) These steps are the school?s responsibility whether or not the student who was harassed makes a complaint or otherwise asks a school to take action OCR acknowledges that in circumstances where the complainant requests confidentiality or refuses to participate, the school?s ability to take action may be limited The school is still required to take all reasonable steps to investigate and respond 2010 NCHERM all rights reserved OCR Administratively Enforces Title IX: OCR investigations result from complaints filed with the US. Dept of Education OCR investigates and resolves complaints alleging that educational institutions that are recipients of federal funds have failed to protect students from harassment based on sex lf OCR identifies a violation, Title IX reguires OCR to attempt to secure voluntary compliance by the institution If an educational institution fails to take reasonable corrective action, OCR files a formal finding of violation and an institution could risk losing its federal funding. 2010 NCHERM all rights reserved OCR STANDARDS Because OCR operates from a different premise than a civil lawsuit for monetary damages, it uses a ?constructive notice? standard that is broader than the notice standard used by the courts which is ?actual notice? This brings under its ambit all complaints about which the university knew or should have known The OCR standard of ?knew or should have known? is more favorable to student complainants than the ?actual knowledge? standard used to determine civil liability 2010 NCHERM all rights reserved It provides that a college or university may be held accountable for harassment of students (even by other students) if any person perceived to be a responsible school employee was put on notice and took no corrective ac?on This is different from the standard applied by the courts, which imposes liability when a school official with authority to take corrective action fails to respond, or is deliberately indifferent 20] NCHERM all rights reserved - OCR distinguishes quid pro quo from hostile environment sexual harassment, by requiring that hostile environment sexual harassment must rise to the level of severe, persistent/pervasive and obLectively offensive If OCR establishes that conduct of a sexual nature occurred they will apply these standards to determine whether a sexually hostile environment exists and then determine if the institution had notice and took immediate and effective action to stop the harassment, prevent its recurrence and as appropriate, remedy its effects 2010 NCHERM all rights reserved OCR Title IX Compliance Requirements Publication of Policies and Procedures that establish: Effective reporting and response protocol Appropriate grievance procedures Prompt and effective response Fair and equitable investigations Incorporate preventive training Appointment of a Title IX Coordinator 2010 NCHERM all rights reserved Effective Reporting Response Protocol It a student or employee files a report or complaint, the institution should inform the student of the options for action Regardless of whether a victim files a formal complaint or requests action, the institution must conduct a prompt, impartial and thorough investigation and take steps to resolve Third party reports, media or anonymous reports should be responded to in the same manner, if it is reasonable for the institution to conduct an investigation and confirm allegations 2010 NCHERM all rights reserved Effective Reporting Response Protocol (Cont.) Once you have actual notice, you have a legal duty to conduct an investigation. That legal duty is absolute! Regardless of what the victim wants The appropriate standard of proof under Title IX is ?preponderance of the evidence.? Use of any other standard could (not automatic) violate Title IX 2010 NCHERM all rights reserved OCR Elements Of Effective Title IX Grievance Procedures Notice: Provide notice of procedures Application: Applies to complainants alleging harassment on the basis of sex lnvestiqation: Adequate, reliable and impartial Timeframe: Define reasonable timeframe Outcome: Both complaining party and accused should receive notice of outcome Assurances: Institution assures it will take steps to prevent recurrence Retaliation: Provisions to prohibit retaliation Appeal: Offer opportunity to appeal findings or remedies 2010 NCHERM all rights reserved Appropriate Grievance Complaint Procedures Describe who may file a grievance Describe what constitutes a grievance Define clear limits for submitting a grievance and prompt effective response . Specify the availability of any assistance for the person who initiates the grievance Define the number and levels of steps in the process Define the notice requirements 2010 NCHERM all rights reserved Appropriate Grievance Complaint Procedures (cont.) Identify the timelines for each step Identify the roles and/or selection of persons involved in the grievance process State the right of all parties to impartial decision makers State protection of grievant from harassment and retaliation State right of either party to appeal outcome 2010 NCHERM all rights reserved Conducting ?Prompt Effective Investigations? Interview all persons involved . Do not interview the alleged harasser at the same time as the victim/complainant Provide complainant, accused and any witnesses the opportunity to have a representative accompany them during investigations Keep complete records of investigations, including a detailed description of allegations, notes on all interviews, outcome of investigations, and any action taken Abide by procedural timeframes set in policy Provide a written report of investigation outcome 2010 NCHERM all rights reserved OCR Title IX Remedies If, in the course of an investigation, the institution concludes that gender-based discrimination took place and it was sufficiently severe, gervasive and objectively offensive, the institution?s legal obligation is to remedy it The remedy must be PROMPT and EFFECTIVE 2010 NCHERM all rights reserved ?Prompt Effective? Remedies The ?Promptness Requirement? 30-60 day resolution should be the goal The ?Effective Remedy Requirement" Ensure that the discriminatory conduct does not continue Provide sanctions that are reasonably calculated to prevent the reoccurrence of the discriminatory conduct Remedy the effects of the discrimination on the student, to the extent practical and possible (equity) 20l NCHERM all rights reserved Preventive Training Incorporate timeframes for review and update of policies and specify the office in charge of updates Identify qualified trainers . Conduct regular sexual misconduct training for all staff students Identify and publish additional training or informational opportunities Ensure new policies and procedures are appropriately noticed and published 2010 NCHERM all rights reserved Title IX Coordinator Title IX requires that each institution that receives federal funds must protect individuals from gender discrimination To assist in accomplishing that task, Title IX requires that each institution select a Title IX Coordinator Title IX Coordinator is responsible for promoting an institutional environment that is free of gender bias and sexual harassment 20I NCHERM all rights reserved Duties Of Title IX Coordinator . Develop a working knowledge of Title IX and the implementing regulations Keep informed of current research and iudicial decisions related to Title IX and gender equity Participate in the development implementation and evaluation of the institution?s Title IX policies and procedures Develop sexual harassment Title IX complaint procedures for students and staff 2010 NCHERM all rights reserved Title IX Coordinator Duties (cont) Provide public notice of the complaint procedures and the name and contact information for the Title IX Coordinator Monitor and evaluate the institution?s Title IX compliance efforts and make recommendations for any appropriate changes Provide in-service training to ensure institutional community understands Title IX policies and procedures (9 2010 NCHERM all rights reserved OCR Campus Investigations lf OCR comes to your campus they will look for: (1) Whether your school disseminated a policy prohibiting sex discrimination under Title IX and established effective grievance procedures; (2) Whether your school appropriately investigated or otherwise responded to allegations of sexual harassment; AND (3) Whether your school took immediate and effective corrective action actions to end harassment, prevent its recurrence, and remedy its effects). 20l NCHERM all rights reserved Common OCR Findings OCR identifies several areas where institutions fall short in meeting their Title IX obligations: Failure to designate and/or adequately train at least one employee to serve as the Title IX Coordinator Failure to have and disseminate notice of the institutional non- discrimination policy Failure to adopt or publish required Title IX grievance procedures to address sex discrimination claims 2010 NCHERM all rights reserved Institutional Policies Procedures lmplicated By Title IX Student Sexual Misconduct Policies Institutional Sexual Harassment Policy Institutional Violence Policy Code of Student Conduct Policy Campus Conduct Procedures Hearing Panel Policy and Procedures Consensual Relationship Policy 2010 NCHERM all rights reserved CREATING A SEXUAL MISC ONDUC POLICY 2010 NCHERM all Why focus on policy? A well-constructed campus sexual misconduct policy is the best tool colleges have for creating proactive behavioral guidelines to which students may conform their behaviors. 2010 NCHERM all rights reserved Common Policy Pitfalls Violation of due process Ambiguous language Breach of contract Arbitrary and capricious outcome Intentional or negligent infliction of emotional distress Discrimination Violation of privacy rights Violation of victims? rights 2010 NCHERM all rights reserved Effective Policies Must Withstand legal scrutiny by reflecting unambiguous language and procedures Provide clear definitions Address emotional and safety issues of the victim Avoid demonizing the accused student Provide appropriate due process (fairness) Protect privacy of all parties Ensure a fair and ethical process Honor the humanity of those affected 2010 NCHERM all rights reserved Guidelines for Policy Development Set forth the general mission statement to create the framework for the Policy details Identify the geographical scope of the Policy (iurisdiction); and the time frame for reporting . Identify, specifically, to whom the Policy applies (include definitions?ex. ?student?) Provide statements and definitions of behavior identifying prohibited conduct; and Identify the procedures to be applied if the Policy is violated 2010 NCHERM all rights reserved Slide 39 $1 saundraschuster, 6/12/2008 Guidelines for Policy Development Identify a clear route for reporting incidents and contact information for sources of support Specify the sanctions that may be imposed (required by the Clery Act) Identify the college?s authority and procedures to take immediate action, which may include: Changing academic schedule Providing alternative housing opportunities Imposing an interim suspension on accused Providing resources for medical and/or support Timely warning 2010 NCHERM all rights reserved Slide 40 52 saundra.schuster, Essential Elements 1. Statement of Intent ?i Sets forth the institution?s beliefs and approach toward sexual misconduct 2. The institution?s protocol for responding 3. Time frame for reporting and adiudication 4. Institution?s policy on Recognize that confidentiality is a balancing act with the victim?s interests, the rights of the accused student and the legal framework 2010 NCHERM all rights reserved Essential Elements 5. Details of the hearing process I Due Process (fundamental fairness) guidelines Composition of hearing board I Appeal process 6. Jurisdiction Identify both physical iurisdiction (geographic) and personal iurisdiction, specifically what constitutes a ?student? and to whom the policy applies 2010 NCHERM all rights reserved Essential Elements 7 Specific list and clear definitions of prohibited conduct Separate sexual harassment and sexual assault (or sexual violence) Tell students what the offense means not just a list, provide meaning, content, and context 8. It?s important to provide sufficient details in your definitions to give students notice of what is expected of them and what is prohibited so they may conform their conduct accordingly. 2010 NCHERM all rights reserved Essential Elements 9. Specific definitions for, and application of sanctions 10. Identification of rights and responsibilities of both the complainant and the accused student throughout the process 1 l. Prohibit retaliation 2010 NCHERM all rights reserved Critical Considerations Is the language of the Policy unambiguous, and easy to understand? Who is the policy designed to reach? Is the Policy in compliance with federal, state local law? Does the Policy specifically identify obligations, rights and standards of behaviors? Is the Policy effectively promulgated? Are implementation procedures fair and equitable, and applied in a non-discriminatory manner? (9 2010 NCHERM all rights reserved Critical Considerations Sexual misconduct policies must be separate and distinct from general student discipline policies References to your institution?s sexual misconduct policies should be included in other campus publications, brochures and web sites Consider adopting a formal ?limited immunity? or ?amnesty? for victims ALWAYS COMPLY WITH YOUR OWN PUBLISHED POLICIES PROCEDURES 2010 NCHERM all rights reserved WHAT ELEMENTS ARE IN YOUR SEXUAL MISCONDUCT 2010 NCHERM all rights reserved Terms To Consider - Sexual Misconduct Sexual Assault? Consent Rape? Incapacity, Intoxication, Impairment Force, threat, intimidation, coercion ?7 ?student; victim; perpetrator? 2010 NCHERM all rights reserved Sexual Misconduct Sexual misconduct can be used as an umbrella term for more specific behaviors, OR Can be used to define sexual related acts such as failing to gain effective consent, or assuming effective consent was given discussion of intent role in policy 2010 NCHERM all rights reserved Sexual Misconduct Need precise definition of behavior, including: Intentional Committed by physical force, threat or coercion or intimidation Ignoring obiections of another person (resistance) Causing another?s incapacitation by alcohol or use of other drugs Taking advantage of another persons? incapacitation, state of intimidation, helplessness or inability to consent* A daptea? from the University of Virginia Sexual A ssault Policy 2010 NCHERM all rights reserved Sexual Misconduct (cont) Definition should not iust re-state state law, avoid suggesting that criminal standards need to apply Defamation considerations (Mallory v. Ohio) 2010 NCHERM all rights reserved Consent The NCHERM Manual on ?Creating a Proactive Campus Sexual Misconduct Policy? 2001 . Identifies ?consent? as not iust a factual concept, but also as ?effective consent?, thus, any consent that is not freely actively given, that is a result of force, threats, intimidation or coercion is not ?effective consent? In order to give ?effective consent? you must be of legal age anal: Capable of controlling your physical actions Capable of making rational, reasonable decisions 20l NCHERM all rights reserved Consent Considerations A clear understanding of consent is critical for hearing boards. The definition in the Policy must be specific and comprehensive. Definitions of consent should reflect affirmative indication by words or actions of the willingness to participate in specific sexual activity. Avoid using the concept of ?unwanted? in consent definitions because you want an assumption that a positive communication is required, not the presence of an unwelcomed action. Passivity/silence is not consent 20l NCHERM all rights reserved Consent Considerations Burden of obtaining consent should be on the party seeking to initiate sexual activity The party seeking to initiate the sexual activity should be able to articulate the communication that indicated an affirmative consent, either verbally or by voluntary acts, unmistakable (mutually understandable) in their meaning Include descriptions of incapacity and of coercion and force as a part of the definition of consent Force is both a mitigation of consent and an independent policy element 2010 NCHERM all rights reserved Force There are four types of force to consider: Physical violence Threats (anything that gets the other person to do something they wouldn?t ordinarily have done) Intimidation (implied threat) Coercion (unreasonable pressure) Consider: Frequency Intensity Isolation Duration 2010 NCHERM all rights reserved Incapacity What was the form of incapacity? Alcohol or Other Drugs Mental/cognitive impairment lniury Sleep Was the victim capable of making an informed choice? Who, what, when, where, why, how 20l NCHERM all rights reserved Incapacity lncapacitation is a determination that will be made after the incident in light of all the facts available Assessing incapacitation is very fact dependent Blackouts are frequent issues Knowledge standard becomes critical Did the accused student know? Should s/he have known? Reasonable person What if s/he was drunk too? 20l NCHERM all rights reserved Discussion: Additional Considerations Do you have a separate hearing body for sexual misconduct complaints? What is your policy regarding concurrent criminal charges? Do you allow participation of attorneys? . What is your protocol when a victim reports, but refuses to proceed? Do you provide alternative hearing processes? 2010 NCHERM all rights reserved Discussion: Additional Considerations What is the appropriate ?standard of evidence?? . What about ?Burden of Proof?? Should the accused student be ?presumed innocent until found guilty?? What is your policy if the accused chooses to remain silent? Do you allow ?cross examination?? What is your policy on the presence of alcohol or drugs as a part of the allegation or defense? 20l NCHERM all rights reserved Discussion: Additional Considerations . Who brings forth the charges under your system? The institution? The complainant? Do you provide for an appeal? For whom? Do you specify grounds for the appeal? Who is allowed to appeal? 2010 NCHERM all rights reserved Training Hearing Panels 2010 NCHERM all rights reserved SAMPLE TRAINING FORMAT Review Code of Conduct Review and discuss conduct expectations Discuss definitions Review hearing procedure Discuss evidence and proof considerations Provide case study discussions Conduct simulated hearings 2010 NCHERM all rights reserved GENERAL GUIDELINES: Hearing Process Order of Hearing Proceeding Will vary based on your protocol, but generally should include: Review of facts by hearing officer Statement by complainant(s) Statement by accused(s) Testimony of witnesses on behalf of all parties Questions between complainant, accused, board How should this be accomplished Final questions by panel members Closing statements followed by deliberation 20l NCHERM all rights reserved GENERAL GUIDELINES: Physical Environment Physical Environment Space permitting, provide as much physical space as possible between complainant and accused and their witnesses, ideally separate rooms during the waiting periods Give careful consideration to the physical layout of the hearing room Sexual misconduct hearings are frequently highly emotional and stressful, therefore it is a good idea to plan frequent breaks 2010 NCHERM all rights reserved GENERAL GUIDELINES: Complaining Party Is it better for the university or the alleged victim to serve as the complainant? Cathartic effect Victim nervousness Enhanced civility Loss of necessary confrontation What role should the alleged victim play? 2010 NCHERM all rights reserved If you treat the victim as a mere witness, they are not entitled to be present for the entire proceeding (excluding the deliberation, of course). The victim is the reason for the hearing, and we recommend that you allow the victim to be present for all portions of the proceedings at which the respondent has the right to be present. 2010 NCHERM all rights reserved ll I Ill}. GENERAL GUIDELINES: Inquiry Process ls direct confrontation by the parties desirable or to be avoided? ?He Said She Said? complaints Assessing credibility Emotions 2010 NCHERM all rights reserved GENERAL GUIDELINES: Alternative Testimony Options The screen Separate rooms Independent meetings Closed circuit/webcam/Skype Consent of the parties Offer the option to confront 2010 NCHERM all rights reserved use 7 GENERAL GUIDELINES: Evidence Formal rules of evidence do not apply. If the information is considered relevant to prove or disprove a fact at issue it should be admitted. The panel should have a reasonable standard of proof and understand the application of the standard. Withhold iudgment about charges until all evidence has been considered Was there any corroborating evidence to consider? Credibility (more to come on Did drugs or alcohol play a role? Recognize role personal feeling plays in consideration 2010 NCHERM all rights reserved GENERAL GUIDELINES: Questioning Guidelines Identify conflicting testimony When dealing with conflicting testimony ask questions that would confirm or deny sexual misconduct occurred - ls conflicting testimony a result of credibility concerns? Can it result from non-credibility basis? How important is assessing credibility? Doesn?t everyone lie? How do we assess credibility? 20l NCHERM all rights reserved GENERAL GUIDELINES: Questioning Guidelines Do you allow introduction of past sexual history of the complainant? Accused student? How? In questioning witnesses focus on: Issue of force Elements of coercion, threat, intimidation Elements of incapacity Elements of consent 2010 NCHERM all rights reserved Questioning Guidelines What is the best practice for addressing information about a party?s sexual history or character? Character assassination Relevance Introduction by a party Transactional nature What is the best practice for admitting information about the previous violations of the accused student? 2010 NCHERM all rights reserved GENERAL GUIDELINES: Consent Consent is often a key issue Panel members must be familiar with the institution?s definition of consent. What if there isn?t one? Other considerations regarding consent include: Was the alleged victim over 18? What words or actions by the alleged victim at the time of the sexual behavior gave the accused student a reasonable indication of permission to engage in the specific sexual activity that took place? Consent cannot be given under the conditions of the threat of physical force, harm or intimidation, coercion, or incapacitation due to alcohol or drugs 2010 NCHERM all rights reserved What if they were both drunk? Can you determine who is in control? Should you hold both parties accountable? If complainant was intoxicated will you bring charges against him/her? Will you include alcohol charges along with sexual misconduct charges? 20l NCHERM all rights reserved GENERAL GUIDELINES: Decision Process Decisions must be based only upon the information presented at the hearing Complainant should be allowed to deliver an impact statement only after the accused is found in violation Both parties? Examine only actions that have a direct relation to the situation under review Explore motivation, attitude and behavior of accused and witnesses 2010 NCHERM all rights reserved GENERAL GUIDELINES: Decision Process Cannot consider past behavior unless pattern Base decision only on facts, Opinion and circumstances presented in hearing Construct the most reasonable scenario as to what happened Decisions must be based on the institutional policy Decisions must be fair, and impartial, not made with bias or conflict of interest Use greater weight of the evidence What is that, really? 2010 NCHERM all rights reserved GENERAL GUIDELINES: Sanctioning Process SANCTIONING CONSIDERATIONS: The sanction must be reasonable and in proportion to the severity of the behavior May consider prior misconduct May consider attitude May consider mitigating/aggravating circumstances Should be educational? Must meet Title IX remedial standards What best compensates for loss or injury to college or persons 2010 NCHERM all rights reserved GENERAL GUIDELINES: Sanctioning Recommendations Move to another residence hall Suspended until victim graduates? Conditional suspension? Transcript notation Expulsion? Rehabilitation? No Contact Orders Restorative iustice? 2010 NCHERM all rights reserved GENERAL GUIDELINES: Sanctioning Process What are the best practices for no-contact orders? Communicate to those who have ?a legitimate educational interest? Pictures Information about externally obtained PFAs. 2010 NCHERM all rights reserved GENERAL GUIDELINES: After the Decision Should the alleged victim have a right to appeal? Fundamental to any civil rights grievance process Grounds for appeal How should the appeal function? 2010 NCHERM all rights reserved GENERAL GUIDELINES: Critical Considerations Panel members should be aware of personal reactions and biases in dealing with sexual misconduct. Personal beliefs and morals Sexual politics must be addressed in training Assumptions about behavior ?3 ?Blaming the victim? Understanding the role of race, culture, sexual orientation . . . Participation in case studies and hypothetical situations is a good vehicle to assist in evolution of awareness. 2010 NCHERM all rights reserved GENERAL GUIDELINES: Critical Considerations Just like many of us would sit down with a respondent and explain the process by which their alleged violation will be determined, it is both possible and beneficial to create the same opportunity for victims. They need to understand the parameters of the policy, and what it does and does not cover. They need to know how the conduct process plays out, and giving them a chance to ask questions will help to make what is to come more predictable and comfortable for them. It may clear up misunderstandings in advance, and help conduct administrators to set reasonable expectations with victims for what the process can and cannot accomplish. 2010 NCHERM all rights reserved THANK 2010 NCHERM all rights reserved THE NATIONAL CENTER FOR HIGHER EDUCATION RISK MANAGEMENT BEST PRACTICES FOR STUDENT HEAL TH AND SAFETY - - - NCHERM INSTITUTE ON RESPON DING TO CAMPUS SEXUAL MISCONDUCT Presented by: Brett A. Sokolow, W. Scott Lewis, Saundra K. Schuster, Sponsored by NCHERM and ACPA This training manual is intended to provide assistance for achieving best practices with respect to campus sexual misconduct. but is not given and should not be taken as legal advice. Before acting on any of the ideas. opinions or suggestions in this publication. participants should check ?rst with a licensed attorney in their own jurisdiction. (.0 NCHERM ZOIO. All Rights Reserved July 2010 Dear Participants, Thank you for choosing to attend the NCHERM National Institute on Sexual Misconduct. We know you need to stretch your professional development budgets, and we believe this event will be a seminal professional development experience that will be well worth your time and investment. Over the two days that we spend together, we're going to take you deeper on the topic of sexual misconduct than you ever thought possible. Your faculty members (Scott Lewis, Saunie Schuster and I) have committed to challenge you, take you out of your comfort zone, cause you to question long- held beliefs, and grow from us. We'll give you the best of our thinking, informed by our education, background, experiences, case law, debate with each other and diligent study. We hope you'll do the same with us, feeling free to question, challenge and cause us to grow and learn from you. Our goal is to change how college and universities address sexual misconduct, from prevention to intervention to post?vention. Some campuses get it right, some don't, but we all can improve and do better than we are now. We hope you'll take advantage of the one-on?one faculty consultations we are offering during this event. Our experience is that attendees are usually too exhausted will be well-worth your time (and stamina). In November, we?ll be doing a follow-up series of one-day seminars, focused on intensive investigation training for sexual assault and sexual harassment complaints. These will be a useful complement to the institute content you'll acquire with the first two?day event. Finally, we thank ACPA (College Student Educators International} for co-sponsoring this Institute series with us, and helping us to achieve three sold-out events. Our host sites, Loyola of Chicago, Drew University and Stanford have been helpful, gracious, and generous. We could not have done this without you. Thank you for your commitment to this issue, and to moving your campus forward. We're here to help, and looking forward to interacting with you at the Institute. Very truly yours, 3W .So?ofcw Brett A. Sokoiow, Esq., NCHERM Managing Partner I (0 NCHERM 20 0 -: All rights reserved Some Bedrock Beliefs of Your institute Effective sexual assault risk management practices will decrease the likelihood of sexual assault on college campuses, thereby protecting students and helping to insulate colleges from a potential source of litigation. Effective sexual assault risk management practices will decrease the likelihood of successful lawsuits against colleges by perpetrators, because college adjudications will be less likely to violate their rights. Effective sexual assault risk management practices will decrease the likelihood of successful lawsuits against colleges by survivors of sexual violence, because the college will be less likely to violate their rights. Effective risk management practices will increase the likelihood that colleges will prevail in lawsuits if they arise out of incidents of sexual assault. Effective sexual assault risk management practices will decrease the likelihood of lawsuits between survivors and perpetrators. s/ Effective sexual assault risk management practices will help colleges to maintain a reputation for safety, and for dealing appropriately with campus crime when it occurs. Effective sexual assault risk management practices will decrease the likelihood of lawsuits against colleges by campus and local media seeking access to campus crime information, Effective sexual assault risk management practices will increase the likelihood that survivors and perpetrators receive vital services at a time of crisis. (if) NCHERM 2010 All righls reserved Agenda Creating a Sexual Misconduct Policy Consent Training Hearing Paneis Exercises 2010 NCHERM Whitepaper - "Gamechangers" The Powerpoint to accompany this training is included separately from the manual NC ER 2010 rights reserved DAY ONE AGENDA 8:003m-9200am Registration and continental breakfast 9:00am?12:00pm Opening Welcome 1. Understanding the Legal Landscape ILGroup Exercise 12:00pm-lz30pm Lunch 1:30pm-3:15pm HI. Sexual Misconduct Policy Development 3:15pm-3:30pm Snack break 3:30pm-5:00pm IV. Discussion of Consent Construct V. Group Exercise DAY TWO 8:30am-9:00am Continental breakfast 8:303m~12:00pm VI. Sexual Misconduct Hearing Procedures 12:00pm-1z30pm Lunch 1:30pm-3:00pm Presentation of Mock Hearing 3:00pm-3:15pm Snack break 3:15pm?5:00pm Discussion of case Debriefing of hearing Discussion of Victimology Theory, Individual Consultations NCHERM 2010 - All rights reserved CREATING A CAMPUS SEXUAL MISCONDUCT POLICY ZOIO All rig/11.x- CREATING A CAMPUS SEXUAL POLICY A thorough approach to campus sexual misconduct policy takes more than a paragraph in the code of conduct, student handbook, or a panel in a pamphlet. Your policy should be placed in as many campus resources as possible, and the same policy should be included in each location. Frequently, colleges develop pamphlets, handbooks, and security reports at different times, and the policies listed in these resources reflect the stage of development of those policies and can be inconsistent. it is important to have centralized, quality controlled oversight of the policy development process. Consistency is essential to legai A good lawyer could successfully shoot down a policy on the argument that his/her student client did not have clear notice of what was expected because of inconsistent or conflicting policy statements. if a later policy statement is meant to eclipse and replace an earlier policy, make sure this is clearly indicated to students so that they have notice of what rules apply to them. As you formulate a policy, keep in mind at all times who the audience is. Your policy is directed at students, and, at times, employees. But who specifically is the audience for your policy? Who is going to open up your handbook and read it through? Those who open the handbook to look at the sexual misconduct section usually do so for three reasons. First, they want to know if what happened to them is covered by the code of conduct. They are the possible victims. Second, the students who want to know what to do when they have been accused of violating the sexual misconduct policy. They are the alleged violators. Third, those who are asked to enforce the policy (hearing officers, Conduct Board Members, and appeals officers/paneiists} those who may be victims, those who may be policy violators, and those asked to interpret and enforce the policy are your audience. Write this policy for them. The NCHERM Team recommends inclusion ofthe following elements in your sexual misconduct policy: 0 Statement of intent; 0 Statement of confidentiality limitations; Statement of options for victims; Statement of options for alleged offenders; Statement of rights of the victim; Statement of the rights of the alleged offender; Statement of jurisdiction; Campus statute of limitations; Description of proscribed behaviors; 6 NCHERM 2010 .411 rights reserved Definitions of terms; Illustrative examples; Sanctions; Criteria for policy assessment and improvement; Policy dissemination standards; Statement regarding group infractions; Statement of limited immunity; Good Samaritan provision. STATEMENT OF INTENT A statement of intent should set forth the institution's beliefs and approach toward sexual assault. For example: "The College of Knowledge is a community of trust who's very existence depends on strict adherence to standards of conduct set by its members. Sexual misconduct is a crime punishable by both civil and criminal legal action and a serious violation of the College of Knowledge's Standards of Conduct. it will not be tolerated within our community. Students at the College of Knowledge are charged with the responsibility of being familiar with and abiding by the standards of conduct set forth herein." STATEMENT OF QN CONFIDENTIALITY Every college strives to create an environment that encourages victims of sexual misconduct to come forward and report their victimization to someone, preferably an institutional official or law enforcement officer. Assuring complete confidentiality is the approach that would encourage the most victims to come forward, but such a policy is impossible. Confidentiality is a balancing act. Three factors weight on the balance. One factor is the need/desire of the institution to reSpond to incidents. Another factor is the needs of the victim. A third is the legal obligations and repercussion that demand institutional attention. There is no ideal approach to confidentiality. We recommend a mode! approach to confidentiality that biends and prioritizes these three factors. Because of the difficulties of this issue {and the inconsistencies across different institutional departments/positions) it is very important to state the institution's confidentiality/privacy policy clearly in written materials, and to make sure that each person who will serve as a resource for victims on your campus is ciear on the bounds of confidentiality, and makes those bounds clear to victims at the outset of a reporting All rights reserved interaction. Otherwise, victims could eXperience a sense of betrayal because of an unreasonable or reasonable, but incorrect expectation of confidentiality/privacy. ideally, victims should be empowered by a policy that lets them determine the bounds of confidentiality. To the extent possible, your policy should pursue this ideai. Your poiicy must also encompass the need and desire of the institution to make sure that it hears about as many incidents as possible, and addresses them. The policy must also ensure adherence to legal mandates and minimize liability exposure. Thus, the answer to the question, ?Will this report be confidential?? is ?Maybe.? If a victim wants to make as nearly an absolutely confidential report as possible, the only person she can tell is a member of the clergy, their counselor, their doctor or their lawyer. But while counselors are good repositories of confidentiality, but the confidentiality/ privilege they enjoy is less sacrosanct. In order to be protected by confidentiality, the counselor must be a licensed therapist, social worker, or other counselor (such as a rape crisis counselor or victim advocate), functioning in that capacity at the time, which has either ethical or legal rules determining their ability/responsibility to maintain confidentiality. Even then, confidentiality has its exceptions, and these should be made clear to victims. The written records of counselors are sometimes admissible in court if subpoenaed, in certain states, though conversations usually are not. If a victim relates to a counselor a clear and present danger posed to an identified person (including him or herself}, the counselor must breach confidentiality to protect the person endangered (under the generally accepted rule established by Tarasoff v. Regents of the University of California, 551 P.2d 334 (Cal. 1976)). For the most part, this same level of confidentiality can be provided by attorneys and certain medical providers. Everyone else has less absolute confidentiality, or more precisely, can offer privacy but not confidentiality. Confidentiality is not an arbitrary designation or contractual arrangement. Courts can require most people to divulge what they know. But confidentiality also has a level outside of court orders. Often, victims just want to know, ?If I tell you, who else do you have to tell?? The answer to this question is governed by Title IX, medical reporting laws, negiigence laws, and the Clery (Campus Security) Act. If you are a doctor or a nurse in most states, you must call the police if a victim of a sex crime presents at the emergency room or other hospital department. The victim can choose not to speak to the police, but her or his name may be released. Some of these laws extend to campus medical facilities, and you must determine how your state governs this issue in order to determine the bounds of campus medical provider confidentiaiity. If you are a college employee, you have a duty to help the victim and an obligation to protect the institution. But, different employees have different constraints. For example, if a victim comes to (Ci NCHERM 2010 rights reserved you and you tell no one of her report, and then the rapist repeats his crime the next evening; your actions may have placed other students in danger, and wiil have increased the liability exposure of both you and the institution. Depending on your officiai role, you may also have initiated Title IX liability. First, understand that the institution has a duty to warn students of known, reasonably foreseeable dangers. it also has a duty to protect students from those dangers in certain Circumstances. Thus, when any college employee iearns of an incident that poses a substantial threat of severe bodily injury or death to other students or employees, notification must be made to those at your institution who can warn and protect those in danger. In sexual misconduct cases, this duty trumps any non-legal promise of confidentiality you might otherwise extend to the victim. It may be possible to pass along information to student affairs or campus law enforcement that will enable the institution to protect students and employees, but still not release personally identifiable information about the victim. However, other information told in the course of the report, including incident locations, identities of perpetrators or witnesses, and other relevant facts may be divuiged. This common law and state statute-based duty to warn students became a federal mandate in 1990. The Ciery (Campus Security} Act1 cannot lead directly to negligence liability, but can result in the loss of federal Title IV funding when colleges fail to issue timely warnings regarding incidents that represent a substantial threat of injury to students. While important, these statutory and negligence issues are not as frequent a concern as the Title IX issues discussed below. Most campus cases invoive isolated acquaintance assauits, and many never require the divulgence of any (especially personally identifiable) information in order to protect other students, so whiie absoiutely confidentiality may not be maintained, some level of privacy can be assured. The main legal issue with sexual misconduct arises under Title EX. Title IX is a federal iaw that provides financial sanctions and civil damages against public and private colleges that engage in gender?based discrimination, including sexual harassment. Sexual harassment has been interpreted to include both verbal and physical harassment of a sexual nature. Physical sexual harassment is sexuai assault (using the federal terminoiogy). Thus, the mandates of Title lX with reference to sexual harassment also appiy to sexual assauit incidents. What this means, basicaliy, is that institutions are under a duty to investigate and adequately resolve all sexual assault incidents. However, colleges can only address those incidents that are reported, and liability generally lies only in certain narrow circumstances. 20 use. 1092rights? reserved A college will be liable in money damages under Title iX when: The harassment is so severe, pervasive, objectively offensive that it can be said to deprive the victim of access to the educational opportunities or benefits provided by the institution; gag The college had control over the context within which the harassment arose; and The college had control over the harasser; The college had actual notice of and responded with deliberate indifference to [acted in a way that was clearly unreasonable in light of the known circumstances) the com plaint(s) of harassment; The impact of Title iX on confidentiality/privacy is strong, because of the mandatory reporting that actual notice provokes. When college officials {but only those who have the authority to provide a remedy} receive reports of incidents, Title iX requires a full investigation and an appropriate resolution of the incident, to the extent possible. In some cases, this will require that complete privacy cannot be maintained, though the circle of those who may need to know can be kept small. Of course, at the point where a victim, faced with a ioss of confidentiality/privacy, refuses to c00perate with the coilege, it may mean a practical end to any further action on the report. But, the college must take as much action as it can to provide an appropriate resolution, with or without the consent and cooperation of the alleged victim. There is also one universal legal requirement that affects the confidentiality/privacy of nearly all college employees in the same way. The Clery (Campus Security) Act requires and other residence life personnel, conduct affairs personnel, campus law enforcement, local police, student affairs personnel, student activities, coaches, some faculty and others to report statistical information on campus crime, including sex offenses. This information includes only the information that an incident took place, but still requires that information received from a victim be divulged in an annual crime report, and often in Uniform Crime Reports and state crime reports. No personally identifiable information is revealed. This is also true ofthe campus police log. All sexual misconduct incidents reported to campus law enforcement (and on some campuses, also reports made to other departments) will be logged in a police log that is open to the public. This log cannot identify the victim, or give information that could easily lead to the revelation of his or her identity, such as an address, or in some cases, the names of witnesses or the perpetrator. Given this extensive background, you shouid strive to create a comprehensive confidentiality/privacy statement for your campus that strikes a successful balance between legal obligations and encouraging victims to come forward. 1 0 I to NCHERM 2010 .m rigms reserved OPTIONS FOR Coileges should include in their policy a statement of options for victims, and it is an excellent idea to include statistics and general information on sexual assault, which may help victims self-identify. Options should be listed in time order of expiration, with medical attention first. Make sure the time requirement for a PERK or Rape Kit (Physical Evidence Recovery Kit) is included, as well as where the hospital, how much it costs, who can accompany the victim for support, what they wili be subjected to, how long it will take, and the all-important clean paper bag in which to take physical evidence, such as clothing, to the hospital. STI, HIV and pregnancy testing and treatment information should be included. Recommend which local hospital has the best victim-advocate program, or makes a forensic nursing program available. Public funds are usually available to pay for PERK tests if the victim makes a report of the assault to the police. If not, will the hospital bill the insurer for ?emergency medical procedures? or for a rape kit? Such billing can alert parents, and blind billing can be a comfort factor for victims who are not yet ready to teil their parents (HIPAA and managed care have largely put an end to this practice, unfortunately, though most campus health insurance policies now cover exams, creating less reliance on parental policies}. Does the college have a fund for students without insurance? Even if 120 hours have expired, medical attention is still of great importance. Physical evidence might still be collectable at 124 hours, but the key to emphasize is that the internal evidence starts to degrade immediately, and victims should seek medical treatment as soon after the incident as possible. External evidence can be preserved for years, often. Even if the time for a PERK has elapsed, bruising and other physical can still be treated, and HIV and pregnancy testing is still vital. The second option for victims is reporting, because of the longer expiration period. Victims have three options for reporting: 1) On-campus. Victims may report a sexuai assault to any number of members of the campus community. Through these initial contacts, victims may decide to access student conduct or other student affairs resources Counseling Center, Health Center, Title office, Women?s Center/Sexual Assauit Victim?s Advocate, Campus Security, etc.) to pursue a complaint for a policy violation through the campus conduct system. This option is not exclusive of the other reporting options. Ail or some may be pursued concurrently. On-cam pus adjudications are attractive alternatives for victims because they take less time than criminal prosecutions or civil suits, are easier to win than criminai prosecutions {because of the lower standard of proof), and are private and confidential, unlike the other options. if you have a campus period of limitation for filing a complaint, it would be logical to note it in this section. 1 1 (Q NCHERM 20m vii] rights reserved 2) Civil suits. Campus officials and publications should notify victims of their right to pursue a civil suit for money damages against the perpetrator of a sex crime, and against any other negligent or tortuous parties. Civil suits are easier to win than criminal prosecutions, and may be pursued concurrently with other reporting options. In order to pursue a civil suit, a victim should contact a civil attorney, who will often work for a contingency fee. This means that it will not cost the victim anything to sue unless they win. it may be helpful to notify victims of resources to locate attorneys, such as local bar associations, legal aid organizations, or referral services. If your college has a law school, there may be a legal clinic that can help. Additionally, some colleges provide students with legal advice and advocacy, paid for through student activity fees, or by the student government. If such services are available, make sure the victim knows of this option. (Be sure that, if the accused perpetrator is a student, the legal aid office will assist in student v. student complaints before you refer). Not oniy should colleges make these notifications because it is the right thing to do, most of them are also required notifications under the Clery (Campus Security) Act. When discussing civil legal options, notify the victim of the statute of limitations for a claim in yourjurisdiction (usually about two years). It might also be helpful to indicate that the nature of the suit and its proceedings could be a matter of public record and access, if the victim does decide to sue. Criminal Prosecutions. Campus officials should notify victims of their right to have charges filed by a prosecutor, district attorney, or com monwealth's attorney, and to pursue crimina-i prosecution and conviction of the perpetrator. Criminal convictions are tough to obtain, but may be a significant step in the healing process. Victim advocates are often available to assist victims, but other campus administrators inform victims of their right to make a report to the police and pursue charges. Campus officials must also assist victims in contacting these resources. Criminal charges may be pursued concurrently with other reporting options. Pursuing a prosecution will not cost the victim money for an attorney; they are paid by the state. Notify the victim of the period of limitation for filing charges in yourjurisdiction (usually between 5?8 years). The nature ofthe case and its proceedings will be a matter of public record and access. Victims often want to know what could happen as a resuit of a prosecution, and the possibilities typically include imprisonment of the perpetrator, fines, community service and/or probation. It is not possible to sentence someone to death for a sex crime (alone) in the United States. The third and final Option for victims is the one that expires last. Victims should seek counseling, and there is no time limit on when they can do this. Notify victims of campus and community counseling resources, and that it may benefit them to talk to someone, when they are ready. That someone could be a friend, family member, ra pe-crisis counselor, support group, victim advocate, social worker, or member of the clergy. If the college makes access to clinicians available to students for free, they should be informed of this as well. Further, there are 12 ERM 20 l} All rights reserved crisis hotlines, for students who do not prefer face-to?face encounters. There is a national helpline, STATEMENT OF RIGHTS Colleges should prominently list the rights afforded to victims and accused students in the adjudicatory process. At a minimum, coileges should list the affirmative rights afforded to victims in the 1992 Campus Sexual Assault Victim's Bill of NCH ERM suggests that the federal law represents a floor, rather than a ceiling, and that colleges can and should go further. We recommend accordingly at least the following rights for survivors of sexual violence: a The right to investigation and appropriate resolution of all credible complaints of sexuai misconduct made in good faith to coilege administrators; - The right to be treated with respect by college officials; The right of both accuser and accused to have the same Opportunity to have others present (in support or advisory roles) during a campus disciplinary hearing; 0 The right not to be discouraged by college officials from reporting an assault to both on- campus and off?campus authorities; 0 The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual assault, usualiy within 24 hours of the end of the conduct hearing; 0 The right to be informed by college officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the victim?s desire; The right to be notified of available counseling, mental health or student services for victims of sexual assault, both on campus and in the community; 0 The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably avaiiable (no formal complaint, or investigation, campus or criminal, need occur before this option is available). Accommodations may include: 0 Change of an on-campus student?s housing to a different on-campus location; 0 Assistance from College support staff in completing the relocation; Arranging to dissolve a housing contract and pro-rating a refund; 0 Exam (paper, assignment) rescheduling; 0 Taking an incomplete in a class; 320 use. and (B). '13 I NCHERM 2010 - All rights reserved Transferring class sections; 0 Temporary withdrawal; 0 Alternative course completion options. a The right n_ot to have irrelevant prior sexual history admitted as evidence in a campus heanng; The right n_ot to have any complaint of sexual assault mediated {as opposed to adjudicated); The right to make a victim-impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction; The right to a campus restraining order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others; The right to have complaints of sexuai misconduct responded to quickly and with sensitivity by campus law enforcement. The right to appeal the finding and sanction of the conduct body, in accordance with the standards for appeal established by the institution; The right to review all documentary evidence available regarding the complaint, subject to the confidentiality limitations imposed by state and federal law, at least 48 hours prior to the hearing; The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness' identity will not be revealed to the accused student for compelling safety reasons {this does not include the name of the alleged victim/complainant, which will always be revealed); The right to preservation of confidentiality, to the extent possible and allowed by law; The right to a hearing closed to the public (except at public colleges in Georgia). The right to petition that any member of the conduct body he removed on the basis of demonstrated bias; The right to bring a victim advocate or advisor to all phases of the investigation and campus conduct proceeding; 0 The right to give testimony in a campus hearing by means other than being in the same room with the accused student (closed circuit live audio/video is the recommended method); 0 The right to present relevant witnesses to the campus conduct body, including expert witnesses where 0 The right to be fully informed of campus conduct rules and procedures as well as the nature and extent of all alleged violations contained within the complaint; 1 4 i NCHERM 20 I A :1 rights resolved The right to have the college compel the presence of student, faculty and staff witnesses, and the right to ask questions, directly or indirectly, of witnesses {including the accused}, and the right to challenge documentary evidence. 0 The right to be present for all testimony given and evidence presented before the conduct body; 0 The right to have complaints heard by conduct officers who have received annual sexual misconduct adjudication training; a The right to a conduct panel comprised of representatives of both genders; The right to have college policies and procedures followed without material deviation; 0 The right to he informed in advance of any public release of information regarding the complaint; 0 The right not to have released to the public any personal information about the complainant, without his or her consent. STATEMENT OF OPTIONS FOR TRE ACCUSED STUDENT At the end of the statement of intent, or in another appropriate section, consider noting that the welfare of accused students is also a matter of great concern to the college, and note if administrators or advocates are available to them as advisors to guide them through the campus hearing process. Also, under a broad reading of Title IX, colleges should consider providing equity of access to resources and services for accused students if they are provided to victims, including counseling and other campus resources, if for no other reason than to stave off threats of nuisance suits making their way around the country. STATEMENT OF OF THE ACCUSED STUDENT The rights of accused students should also be prominently indicated. These should include, among others particular to your college: 0 The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators against the accused student; 0 The right to be treated with respect by college officials; . The right to be informed of and have access to campus resources for medical, counseling, and advisory services; 0 The right to be fully informed of the nature, rules and procedures ofthe campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions; 15 NCHERM 2010 ,1 r1 reserved The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation; 0 The right ?gtto have irrelevant prior sexual history admitted as evidence in a campus hearing; 0 The right to make an impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction; The right to appeal the finding and sanction of the conduct body, in accordance with the standards for appeal established by the institution; 0 The right to review all documentary evidence available regarding the complaint, subject to the confidentiality limitations imposed by state and federal law, at least 48 hours prior to the heanng; The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness? identity will not be revealed to the accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed); a The right to a hearing closed to the public (except at public colleges in Georgia); 0 The right to petition that any member of the conduct body be removed on the basis of bias; 0 The right to have the college compel the presence of student, faculty and staff witnesses, and the right to ask questions, directly or indirectly, of witnesses, and the right to challenge documentary evidence; 0 The right to have complaints heard by conduct officers who have received annual sexual misconduct adjudication training; a The right to have college policies and procedures followed without material deviation; 0 The right to have an advisor or advocate accompanying and assisting in the campus hearing process. This adviser can be anyone, [optionah inciuding an attorney (provided at the accused student?s own cost}}, but the advisor may not take part directly in the hearing itself, though they may communicate with the accused student as necessary; 0 The right to a fundamentally fair hearing; 0 The right to a campus conduct outcome based solely on evidence presented during the conduct process. Such evidence shali be credible, relevant, based in fact, and without prejudice; The right to written notice of the outcome and sanction of the hearing; 0 The right to a conduct panel comprised of representatives of both genders; The right to be informed in advance of any public release of information regarding the complaint; For public colleges, many of these rights are required by due process, or state constitutions and laws. However, the vaiue of these statements, apart for reassuring students and making the policy 16 (Q 2010 rights reserved more user-friendly, is the value of contractual certainty to colleges. Once you publish these lists of rights in the student handbook, both public and private colleges become contractually bound to accord them to students. And while students may be able to sue for breach of contract if they are not accorded those rights, colleges gain certainty and predictability. lf colleges do what they say they will, students will have no claim that they were given less than should have been given. Colleges gain a defense that student rights in sexual misconduct cases were contractually determined to be no more and no less. The policy is a good place to make a statement ofjurisdiction. Jurisdiction is a contractual relationship allowing colleges to govern student behaviors by codes of conduct and policies. Colleges are becoming more assertive about jurisdiction, but there is still a wide diSparlty among colleges as to whom, where, and when a college policy will be applied. Physical Personal Jurisdiction Some colleges will only adjudicate incidents that occur between students or between students and employees. This is the most conservative approach. Other colleges will take jurisdiction if the accused is a student, even if the victim of the breach is a non-student. This is a more liberal approach that makes sense. If some behavior is prohibited because it is wrong, it is as wrong to do it to a non- student as to another student. There is nothing that legally bars a college from hearing a complaint against a student by a non-student, and the college has a strong interest in hearing such complaints, in order to protect students from possible repeat policy infractions by the same violator. in instances in which the college has control over the perpetrator and the context of the incident, Title IX would require the college to take a complaint from a non-student a ISayear?old sister of a student, visiting campus, is sexually assaulted by a male student at an on-campus fraternity party). Some colleges take a limited jurisdiction against non-students as well, but this is rare. Colleges have no legal basis to apply campus conduct codes and conduct procedures to non-students. Yet, colleges may have an affirmative duty under Title lX to address such cases, which makes this issue complicated. Jurisdiction over non-students may only be taken when the behavior of these non- students is not only a policy violation, but also a violation of a local or state law. Some college law enforcement departments are empowered to enforce local and state laws, criminal and civil treSpass violations, and may prosecute non?students, but this really is a legal, rather than policy-based jurisdiction, and it is not the college that enforces these laws, but the local legal authorities. Sometimes, colleges will issue restraining orders against non-students {Also referred to as Persona Non Grata notice or Letters?). While violations of these orders will not result in conduct ?9 NC ERM 20 I0 All rights reserved jurisdiction, colleges are empowered to address this violation of college rules through local trespassing laws and court orders. Nothing less would be required by Title iX, which requires colleges to remedy to the extent possible all sexual harassment and assault of students on campus, whether by students, employees, or visitors. Discussing this type ofjurisdiction in your policy might seem to be giving too much information, but it is actually serves an important deterrence purpose. It gives students notice that your policies will apply to their behaviors, whether they assault students or non?students. Geographic Jurisdiction Colleges must take conduct jurisdiction over incidents of sexual misconduct, under the logic of the Supreme Court?s Title IX decision, Davis Monroe Cty. Bd. of Ed., when the college has control over the context of the incident, control over the respondent, and the behavior is so severe, pervasive, and objectively offensive that it can be said to deprive the victim of access to the educational opportunities or benefits provided by the institution. This means that some of the incidents that meet this test will occur off-campus, and colleges must provide an adequate resolution, which in most cases will be a campus conduct resolution. Title IX does not require the taking of jurisdiction over reported off?cam pus incidents where the victim is a non-student and the perpetrator is a student. However, colleges would be well-advised to consider the state tort law implications of failing to take such a case, if the violating student?s next victim could be a student. Such a geographic jurisdiction policy has its practical limits. Colleges cannot be expected to take jurisdiction over every off-campus incident. Taking jurisdiction over an assault that occurs at an off- campus party is one thing, but taking jurisdiction over an assault between two students who are in Daytona Beach during Spring Break may be more difficult. But it is important that we do not automatically refuse jurisdiction over these incidents, especially when considering incidents between students who are studying abroad together. While physical evidence and witnesses may be hard to identify, it is possible to take such complaints if other students can give witness testimony, or if the local police can provide evidence from their investigation, or if medical evidence is available, or other circumstances make it possible. The best policy is to agree to take these complaints to the practical extent they can be heard. Where probable cause for a policy violation does not exist, or where it will be impossible to prove an allegation for lack of evidence, jurisdiction can be refused. But, physical distance alone should not be sufficient to denyjurisdiction. Creating a policy that clearly states that your college will take geographic jurisdiction over off- campus incidents will help you to remove a structural impediment to reporting by victims, many of whom naturally assume that campus policies only apply to on-campus behaviors. Knowing they can 18 i NC HERM 20 IO All rights reserved press a campus complaint will open up a possibility that might have otherwise been unknown to them. Temporal Jurisdiction Temporal issues are the third type of consideration in the jurisdiction section. The temporal issue refers to the question of when your institutional sexual misconduct policy will apply. For example, if students arrive on campus for a July orientation, but classes do not start until August does your policy apply to the time that the students are on-campus in July? How about from the time between summer orientation and August Does your policy appiy over Spring Break? Does it apply between the fail and spring semesters? Does it apply during Summer Break? The policy is likely to apply whenever students have matriculated and are on campus. But, should the policy apply to students who are off-campus during breaks? This is a tough question for colleges. For some arbitrary reason, taking jurisdiction over Spring Break incidents is more frequent than taking it over incidents during Summer Break. What is the distinction? Do your policies apply to govern the behavior of your students, because they are your students? if so, shouldn?t it appiy as long as they are matriculated? Why hamstring the institution with strictjurisdictional rules? if it is practical and necessary to take the complaint, empower your institution with the discretion to take it. The other issue of temporal jurisdiction is the question of how to handle policy violations by graduates who allegedly committed a violation prior to graduation, but the college is not aware until after the accused has graduated. Colieges approach these three ways. One, they refuse to consider it. Two, they take jurisdiction over policy violations occurring before graduation, even if the corn piaint is made post?graduation, creating a retained jurisdiction of sorts. Three, colleges will consider policy violations by graduates, no matter when the incidents took place, or when the complaint was filed, if the allegation is sufficiently serious. This third practice is exceptionally rare, and often only found at some Catholic and religiously conservative institutions. Taking jurisdiction over graduates is sticky, because the only way that a college can really punish a graduate is to withdraw their diploma, or withdraw it and place conditions upon its re?conferral. This practice should be weighed carefully, as it is highly likely to engender litigation, and there is no legal obligation to pursue a complaint against a graduate. The main reasons to take jurisdiction are moral ones, though there is a narrow practical reason, suggested by a recent incident. 0n the night before graduation, a student raped another, knowing that it would soon be too late for the coilege to do anything about it. Deterring these sorts of incidents might provide good cause to retain some form ofjurisdiction. If you are going to do so, clearly spell out your intent to do so, because students must have clear notice of such a policy (Harwood v. Johns Hopkins Univ. 130 Md.App. 476, 747 A.2d 205 (2000)). NC HERM 2010 .1 rights reserved Other considerations Additionally, the potential for liability exposure exists if an institution simply refuses jurisdiction. For example, if a student indicates she was raped by one of your students (no matter where the rape occurred), to simply ignore the allegation may not only be considered "deliberately indifferent? as a response, but may arguably be negligent {if not grossly so, depending on the circumstance). A simple solution to all three limitations is to expand yourjurisdiction to all admitted students. Period. Then allow the constraints and limitations on your reasonable ability to investigate (as described above in the "geographic" section above) to act as the temperance to the finding as opposed to your willingness to do anything. And while this jurisdictional definition may seem overbroad or vague to some accused students, the Courts do not seem to agree.3 QAMPUS STATUTE OF This is an area where many colleges have, often unwittingly, created a structural barrier to reporting. Some colleges create a 90?day period of limitation for bringing a complaint, while others have a one semester, one year, or two year limit. There is no good reason to so limit a victim?s ability to access a campus hearing. This is especially true given the reticence to come forward of most campus sexual misconduct victims. As long as the accused is still a student, a victim should be able to access the college conduct system, even if the victim has graduated {or within a reasonable period after the accused?s graduation, if you adopt post?graduation conduct jurisdiction). it is certainly true that the passage of time will make it harder for the victim to prove the allegation (and this can certainly be explained to the victim by an advocate), but criminal prosecutions have a longer average period of limitation (6 years), without fatally hindering those cases. Most importantly, it is the victim who is potentially damaged by choosing to wait, not the accused. Thus, there is no unfairness to the accused in permitting the college policy to apply to them as long as they are enrolled. In fact, complying with Title lX means not imposing artificial impediments to the college?s to remedy incidents when they are reported. The campus period of limitation should be clearly explained in the policy section. PROSCRIBED BEHHAVIORS Too many coileges bury their sexual misconduct offenses in sexual harassment policies. While rape and sexual assauit are extreme forms of sexual harassment, they are independent and significant violations in their own right. There is a general perception in our society that sexual harassment is a lesser evil than rape. One may go tojail for rape in America, but not for sexual 3 Carter v. USC, et al. 602 59 S.C. Ct. of Appeals (2004) (cert denied) 20 I NCI-IERM 20 IO rig/1i: reserved harassment, unless it occurs in a military context. These issues are both sufficiently serious to warrant separate mention. lncorporate a format where both sexually violative behaviors and sexual harassment are separately labeled headings under the umbrella category of sexual misconduct. What goes under the sexual violence heading is a broad question. Many state colleges choose or are required to use state legal definitions of sex crime categories or definitions established by the state higher education system. However, most colieges, both public and private, are under no obligation to follow state law. Given the antiquated and obsoiete status of many state laws on sexual Violence, it is strongly recommended that colleges set their own standards, without regard to state laws. Avoid the confusing terminology of degrees, sodomy, sexuai battery and other duplicative nomenclature. In fact, it is advisable in policy definitions to avoid legal terms such as rape and sexual assault. Alternative phraseoiogy is offered below, but whatever phrases you choose, never make separate categories that create a distinction between stranger-committed and acquaintance or date? committed offenses. Stranger offenses are not worse or deserving of greater punishment than offenses by a known offender. Consider the message you would send to your students if you pursued such a distinction. There is no ?acquaintance mugging" or ?date murder.? Crimes are not lesser in severity because of the identity of the perpetrator, and neither are campus conduct code violations. OF TERMS Below is a model definition set. This set is a clean, clear and direct statement of expected behaviors. it will help to increase the ed ucationai value of your policies, as a toot of prevention, and wili help to insulate your institution from liability-associated risk. The definitions and rules offered below are designed for use in campus sexual assault pamphlets, and in the student handbook or sexual misconduct policy statement. The definition set below is very long, and is not meant to be copied verbatim. We've included everything needed to cover this offense comprehensively, but each college?s poiicymakers should pick and choose to include those ideas that will best serve their community. SEXUAL Sexual misconduct is a broad term encompassing any non-consensuai physicai contact of a sexual nature that is committed either by force or intimidation or through the use of the victim?s mental or physicai incapacity, including through consumption of drugs or alcohol. Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior including, but not limited to the following examples: 21 to NCHERM 2010 .m rights reserved 1) Non?Consensual Sexual Contact 2) Non-Consensual Sexual Intercourse 3) Forced Sexual intercourse 4) Sexual Exploitation 5) Sexual Harassment - Non-Consensual Sexual Contact is: 0 Any sexual touching; 0 however slight; with any object; by a man or a woman upon a man or a woman; without effective consent. An exampie of a policy statement regarding non-consensual sexual contact would be, "The touching of an unwilling or non-consensual person?s intimate parts [such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering them); touching an unwilling person with one's own intimate parts; or forcing an unwilling person to touch another?s intimate parts.? 0 Non-Consensual Sexual Intercourse is: 0 any sexual intercourse (anal, oral or vaginal); 0 however slight; with any object; by a man or a woman upon a man or a woman; without effective consent. An example of Non-consensuai Sexual Intercourse is: ?Unwiiling or non-consensual penetration of any bodily opening with any object or body part. This includes, but is not iimited to penetration of a bodily opening without consent through the use of coercion. Forced Sexual intercourse Forced sexual intercourse (anal, oral or vaginal) With any object Using force, threat, or intimidation By a man or woman upon a man or woman An example of a policy statement would be: Unwiiling or non-consensual penetration of any bodily opening with any object or body part that is committed either by force, threat, intimidation, or 22 NC HERM 2010 All righls reserved through exploitation of another's mental or physical conditions of which the assailant was aware or should have been aware. - Sexual Exploitation: Occurs when a student takes nonconsensual, unjust or abusive sexuai advantage of another; for his/her own advantage or benefit; or to benefit or advantage anyone other than the one being exploited; and that behavior does not otherwise constitute non?consensual sexual contact, none consensual sexual intercourse or sexual harassment. Examples of Sexual Exploitation include, but are not limited to: Prostitution Male student convinces three female students to quit their jobs waiting tables so that they can make more money by working for his "dating service.? He explains that they do not have to steep with their dates, but that they will make more money if they do. Videotaping John and Carla, both students, have been dating for two weeks, and have engaged in consensuai sex. On Saturday night, iohn convinces Carla to come over to his room, rather than staying in her room as they usually do. Carla does not know that has concealed a videotape camera in his room. John tapes their consensual sexual intercourse, and without her knowledge or permission, shares the videotape with his friends. The videotaping, not the sex, violates this policy. Going beyond the boundaries of consent John and Carla, both students, have been dating for two weeks, and have engaged in consensual sex. On Saturday night, John convinces Carla to come over to his room, rather than staying in her room as they usually do. Carla does not know that iohn has concealed two of his friends, Mike and Foster, in the closet in his room. Mike and Foster watch through a crack in the door as John and Carla engage in consensual sexual intercourse and other sexual acts. Peeping Tommery/Voyeurism Henry and Sam reaiize that an all-female Residence Hall backs onto a wooded area, and that the women who live in the rooms that face the back rarely draw their shades because of the private setting of the building. Henry and Sam take up station in two trees in the woods, with clear views into the open windows of the rooms on several floors. From their perches, Henry and Sam observe many female students in various states of undress. 23 a (C) NCHERM 2010 .- All rights reserved Transmission of HIV or STD John meets Carla at a party. They "hook up" that night, and engage in consensual sexual intercourse. Carla knows, and does not tell John, that she has Syphilis. John contracts the venereal disease. inducing incapacitation for the purpose of having sex with the incapacitated person (This type of sexual expioi-tation occurs regardless of whether sexual activity actually takes place). 1) John meets Carla at a party. He intentionally tells her she is drinking fruit punch, though he knows it is spiked with grain alcohol that Carla will not be able to detect. John intends to engage in sexual intercourse with Carla later. 2) John meets Carla at a Bar. While she is not looking, he siips 6H8, Rohypnol, Scepolamine, Bu rundanga, Ketamine, or other sedative or date rape drug into her drink. 3) John and Carla are drinking at a party. John is giving herJell-O shots, and after a few, it is clear to John that she no longer knows how much she is drinking. John continues to encourage her to take more shots, intending to have sexual contact with her later. Sexual Nagssment: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors andother verbal or physical conduct or communication of a sexual nature when: A. Submission to or rejection of such conduct or communication is a term or condition of education benefits, academic evaluations or opportunities B. Submission to such conduct or communication has the effect of substantially interfering with a student?s education C. Such conduct is sufficiently severe, pervasive, and objectively offensive as to have the effect of creating an intimidating, hostile or offensive environment sufficient to deny an individual educational bene?ts or participation in activities at the institution. intercourse: Intercourse is not synonymous with penetration. if it were, non?consensual french kissing could meet the definition of oral rape. Intercourse is more limited. Intercourse includes: vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue or finger; and oral copulation (mouth to genital contact or genital to mouth contact). Sexual touching: any sexual con-tact with the breasts, buttocks, groin, genitals, mouth or other bodily orifice of another, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice. 24 a TC) 20] All rights reserved 0 Effective consent: 0 informed; freely and actively given; 0 mutually understandable words or actions; 0 which indicate a willingness to engage in mutualiy agreed upon sexual activity (or in more plain language--to agree to do the same thing, at the same time, in the same way, with each other). One may not engage in sexual activity with another who one knows or should reasonabiy know to be physicaiiy incapacitated. The final eiement of a comprehensive policy is a listing of the possible sanctions that can be imposed following a determination that the accused student is responsible for violating the sexual misconduct poiicy. Such a listing is explicitly required by the Clery (Campus Security} Act {to be published in the Annual Security Report), and when done well and included in the conduct code as well, it can also serve to ameliorate another of the structural impediments often encountered by users of the policy. Most colleges adhere to this requirement by listing that the possible outcomes range from warning or probation to expulsion. Most victims want to know that if they put themselves through all of this, the offender will be dismissed from college or dealt with severely. Otherwise, there is a strong disincentive to reporting. Clarifying sanctions is also of benefit to accused students, who otherwise face uncertainty not only as to responsibility, but to sanction as well. If a student is contemplating an action from a deterrence perspective, is he more likely to be deterred by a policy that aliows probation, or by one that usually assures eXpulsion? Estabiishing standard recommended sanctions will help to achieve these goals. Examples of sanctioning statement: 0 Any student found responsible for a violation of the Non~Consensual Sexual Contact policy will face a sanction ranging from warning to expulsion, depending on the severity of the incident, and ta king into account any previous disciplinary infractions.* Any student found responsible for a vioiation of the Non-Consensual Sexuai Intercourse policy will typically face a sanction of suspension or expulsion, where the recommended sanction is expulsion, depending on the severity of the incident, and taking into account any previous disciplinary infractions.* 25 to NCHERM 2010 -. .411 rights reserved *The sanctioning body reserves the right to broaden or lessen any range of punishments or recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. The sanctioning body will not deviate from the range of recommended sanctions without compellingjustification to do so. OF POLICY Colleges need to recognize that there is often an information gap, and that the majority of students will not know exactly what sexual misc0nduct is, or how it is defined on your campus. They may be Operating from definitions used in other states in which they had previously resided or attended school. Thus, your college policy should be thoroughly explained to each new student upon his or her arrival. This can be effectively accomplished during an orientation program on sexual assault prevention. As pa rt of this orientation, 3 college official should explain not only what the school?s policies are, but also what to do if a student is assaulted. A sexual assault brochure that contains the school?s policy, information on what to do if assaulted, area resources, and prevention tips should be distributed that time to the student body. Furthermore, the policy should be published in the first edition of the campus newspaper each semester, discussed at faculty meetings, incorporated into course material in appropriate classes, and distributed as part of Greek rush activities, RA training, and student-athlete meetings. INFRACTIONS The campus sexual misconduct policy may also include collective punishments for sexual assaults by fraternity members or sports team members, or other student groups if the assaults occur coilusively. A practice of holding the group responsible for individual actions will exert peer pressure on the group if they know their behavior could affect the whole group. In order to be able to exercise this possibility, you need to build it into your policy statement. IMMUNITY FOR Colleges should consider adopting a policy of limited immunity for victims. It is a well-documented fact that sexual assault victims report their victimization in less than 10% of all cases. Many victims are ashamed, embarrassed, filled with self-blame, or fearful of stigmatization. Because of this reluctance, schools should strive to create an environment that encourages victims to report assaults. Often, victims hesitate to come forward out of fear that they themselves will be punished for minor infractions of college policy that would be revealed in reporting their victimization. It has been estimated that alcohol consumption is involved in 70%-90% of all acquaintance rapes. If students feel 26 2010 All rights reserved they will be punished for underage drinking, the college will discourage reporting of more serious incidents. The school should make it known that while it does not condone underage drinking or violation of other college policies, it considers reporting assaults to be of paramount importance, and will therefore extend limited immunity to victims in order to foster reporting and adjudication of sexual assaults on campus. Limited immunity means just that. Depending on the nature of the victim?s violation, it should still be dealt with, through education or counseling, if possible. GOOD SAMARITAN Students should be encouraged to report incidents of sexual violence and assist victims in times of crisis. Having a campus Good Samaritan rule will enable you to empower students who may not otherwise make a report or lend a helping hand. A Good Samaritan rule is not unlike limited immunity for victims, except that it provides limited immunity to those who report assaults, or other behaviors which are violative of campus policies, or who assist victims of policy violations, but who might be policy violators themselves. This section excerpred??om Creating a Proactive Campus Sexual Misconduct Policy. Bret! A. Sokolow, J. D., author NC HE RM 20 i0 All rights reserved CONSENT 5? IISRM 2010 rig/Its resurvcd Defining proscribed sexual misconduct is difficult. Many colieges adopt definitions derived from state laws. Yet, many state criminal codes are antiquated, at best. Colleges are on the cutting edge with so many issues, ideas, and research. Sexual misconduct should be no different, and is an area in which colleges really can and do lead the way. The shift in this country away from defining sexual violence as force-based conduct has been championed by many collegesmajority of states. Consent-based definitions of sexual violence should be the basis for college misconduct policies. The distinction is a subtle, but all-importa nt one. Such a concept violates basic notions of our personal sovereignty. We have the right not to be acted upon unless we permit it. If a would-be mugger demands your wallet, he has no right to take it unless you permit it. Your silence is not consent to be robbed. Similarly, the silence of a victim is not consent to have sexual intercourse. Often, force-based policies contain an evidentiary standard that the sexual action is against the will of the victim. This starts us sliding down a very slippery slope. How do we know if it is against the victim's will? If she says If she fights back? Must she leave a scratch or bite mark, or have his skin under her fingernails to prove her resistance? Might that provoke a sadistic perpetratorto cause greater harm? What if she is having a flashback to an instance of childhood sexuai abuse? Should we still require her to fight back or otherwise demonstrate that the sexual action is against her will? Or, is there a higher standard of personal sovereignty that shifts responsibility in these cases? Should it be the responsibility of the person being acted upon to announce their intention, or should it be the responsibility of the sexual initiator, the sexual aggressor--the one who wants to do the act-? to get consent before proceeding? Put another way, if a fraternity brother awakens after passing out in the middle of the party to ?nd a naked, HIV-positive woman on top of him having unprotected sex, is it okay if she stops when he objects, or should she be required to get his permission first? Why should sex offenses be the only offense where the resistance of the victim is required? Should we say that it is not murder unless the victim tried to stop it? You are not mugged unless you tried to thwart the thief. For all of these reasons, defining sexual misconduct as an offense of force is an antiquated, outmoded, senseless structural impediment to a victim?s ability to self-identify and report incidents of sexual violence. Please consider adopting consent-based definitions for sexual violence. WHAT CONSENT MEANS in the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that he or she has consent from their pa rtner(s). 29 I to 2010 All rights reserved Consent to some form of sexual activity does not necessarily imply consent to other forms of sexual activity. 0 Mutually understandable consent must be obtained by the initiator at every stage of sexual interaction. 0 Mutually understandable consent is almost always an objective standard. Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutually understandable agreement between them to do the same thing, in the same way, at the same time, with one another. The only context in which mutually understandable consent may be considered in its subjective sense (what did Tom and Sue understand their words/actions to mean) is in the context of long-term relationships where couples have established patterns of communicating consent that alter/replace the consent construct elaborated here. 0 Consent which is obtained through the use of fraud or force {actual or implied} whether that force be physical force, threats, intimidation, or coercion, is ineffective consent; 0 physical force exists, for example, when someone acts upon you physically, such as hitting, kicking, restraining or otherwise exerting their physical control over you through violence. threats exist where a reasonable person would have been compelled by the words or actions of another to give permission to sexual contact they would not otherwise have given, absent the threat. For example, threats to kill you, themselves, or to ha rm someone your care for are sufficient to constitute threats. intimidation (implied threat} exists where someone uses their physical presence to menace you, though no physical contact occurs, or where your knowledge of prior violent behavior by an assailant, coupled with menacing behavior, places you in fear as an implied threat. coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates norms of respect in the community, such that the application of such pressure or Oppression causes the object of the behavior to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, environmental factors, such as isolation, and the initiator?s knowledge that the pressure is unwanted. - Consent may never be given by: 1) A minor to an adult Someone under the age of {depends on the state) cannot give consent to someone over the legal age of consent absent a legally valid marriage or court order. 2) Mentally disabled persons Cannot give consent to sexual activity if they cannot appreciate the fact, nature, or extent of the sexual situation in which they find themselves. The mental disability of the party must be known or reasonably knowable to the non?disabled sexual partner, in order to hold them 2010 All rights reserved responsible for the violation. Therefore, when mentally disabled parties engage in sexual activity with each other, such knowledge may not be possible. 3) Physically incapacitated persons One who is physically incapacitated as a result of alcohol or other drug consumption {voluntary and involuntary), or who is unconscious, unaware, or otherwise physically helpless, is incapable of giving consent. One may not engage in sexual activity with another who one knows Or should reasonably know to be physically incapacitated. Physically incapacitated persons are considered incapable of giving effective consent when they lack the ability to appreciate the fact that the situation is sexual, and/or cannot rationally and reasonably appreciate the nature and extent of that situation. 0 How incapacitatiOn complaints are addressed This should be a part of your conduct training, but you will need to decide if it merits inclusion in the policy or as an appendix to provide additional guidance and information to students. Selective editing and inclusion of certain parts may be the best approach): incapacitation is a determination that will be made after the incident, in light of all the facts available. Incapacitation is difficult to assess because people reach incapacitation at different points and as the result of different stimuli. They exhibit incapacity in different ways. Incapacity is dependent on many or all of the following factors: Body weight, height and size; Tolerance for alcohol and other drugs; Amount/type of alcohol/other drugs consumed/mixture taken; Amount of food intake prior to consumption; Voluntariness of consumption; Vomiting; Propensity for blacking?out {mentally or physically}; Genetic predisposition. Assessing incapacity is completely fact?dependent. For complex allegations, the conduct board may ask an independent substance abuse, toxicology or chemistry expert to render an opinion. Understanding terms is important. With regard to alcohol, there are multiple levels of effect, along a continuum. The lowest level is impairment, with occurs with the ingestion of any alcohol at all. A synonym for impairment is "under the influence.? Intoxication is the next higher level of alcohol ingestion. Also called drunkenness, intoxication corresponds to the state?s drunk driving limit, and a blood alcohol level of .08 or .10. Incapacity is the next higher level of alcohol ingestion. The highest 31 NCHERM 2010 Ali rights level is overdose, or alcohol or blood poisoning, which may lead to coma or death. Incapacity is a hazier state than drunkenness. Some drunk sex will violate this policy, but. not all. Only when the drunkenness produces incapacity will the standard be reached. Evidence of incapacity can be detected from context clues, such as: 1} One person may know how much the other person has consumed; 2} slurred Speech; 3} bloodshot eyes; 4} the smell of alcohol on the breath,- 5) shaky equilibrium; 6) vomiting; 7) outrageous or unusual behavior; 8) unconsciousness. None of these facts, except for the last, will constitute--in and of itseif-?incapacitation. The process of finding someone responsible for a violation of the incapacitation cia use of the sexual misconduct policy involves an accretion of evidence, amounting to a sufficient or insufficient meeting of the standard of proof. This standard may be met with some combination of the first seven, or all eight factors. For example, incapacity might exist if someone is passing in and out of consciousness, and there is a high probability they could pass out again. Or, it might exist if someone is vomiting so violently and so often that they are simply in such bad shape that they cannot be said to have capacity. Sometimes, it may happen that a student has done things that, in the absence of the alcohol, would be clear indications of consent. There may even be unmistakable evidence of verbal and non-verbal consent. If the complainant is incapacitated, and the respondent knows or should reasonably have known of the incapacity, the indications of consent are irrelevant. Because of the incapacity, the complainant is held at a disability where he/she cannot give effective consent, thus any factuoi consent that may be given. The eight context ciues listed above will help the conduct board to assess and determine the extent of the respondent's knowledge, given her/his awareness of whether the complainant exhibited any of these Another issue that often deserves attention in these cases is what toxicologists cali "blacking out" or "black time." Blacking out or biack time has two different possibie manifestations, apart from being obviously unconscious. Black time does not affect all drinkers (oniy about but some will lose all conscious awareness or memory of their actions, though they may maintain physical ability and control. Thus, they do things that they cannot remember doing. In contrast, some people who experience biack time experience it as physical paralysis, with mental clarity. Thus, they have a mentai awareness of the situation, but a physical inability to react to it, because the aicohol is inhibiting their motor skills. It is important to realize :0 NC HERM 2010 Al! rights reserved that both manifestations are possible, and that both describe someone who is incapacitated and cannot give effective consent. CLARIFYING RULES OF CONSENT A person who is the object of sexual aggression is not required to physicaily or otherwise resist a sexual aggressor; Silence, previous sexual relationships, and/or current relationship with the respondent (or anyone else) may not, in themselves, be taken to imply consent. Consent cannot be implied by attire, or inferred from the buying of dinner or the spending of money on a date. intentional use of alcohol/drugs by the respondent is not an excuse for violation of the sexual misconduct policy. Attempts to commit these offenses are also prohibited under this policy, as is aiding the commission of sexual misconduct as an accomplice. Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly (because you cannot be expected to read the mind of your sexual partneris)}, and all sexual activity must cease. An "intent" is not required under the Non-Consensual Sexual Intercourse policy. Unlike murder, for which there must be an intent to kill, sex offenses are not an intent-based concept. The requisite intent for Non?Consensual Sexual Intercourse is demonstrated by engaging in the act of intercourse intentionally. intent may be an appropriate consideration in some Non-Consensual Sexual Contact complaints (such as when a man brushes up against a woman in a sexual manner in a crowded room), and in attempt-based offenses. in the absence of the use of any type afforce, a capable complainant's unreasonable failure to communicate his/her eXpectations to his/her partner may be grounds for departure from the standard recommended sanctions of this policy, but it is not, alone, grounds for a finding of no policy violation. This clause works together with the rules above regarding silence and resistance. It is to be applied to situations where there is some-- usually nonverbal?? communication from the complainant, but that communication is ambiguous. Instead of clarifying, the respondent acts on his/ her incorrect assumptions, and engages in or heightens the level of sexual activity. The complainant, though not wanting to engage in this behavior, or heighten the level of sexual activity, does not indicate this clearly to the respondent, and passively endures the sexual activity. For example, this rule would not apply to a situation where two students are fooiing around, they mutually kiss, mutually pet, and then the respondent simply engages in intercourse with an unresponsive compiainant. In this case, the rules on silence and resistance would indicate a clear policy violation. However, it would apply to the case where the two students are fooling around, the respondent asks for sex (meaning vaginal intercourse, but an ambiguous demand), and the complainant responds by 33 (Q NCHERM 20 0 All rights reserved removing her clothes {an easily misunderstood response, but one meaning to her that she is willing to engage in mutual oral sex, but go no further), but the complainant does not communicate this to the respondent. He then engages in vaginal intercourse with her, during which she is passive, and to which she does not voice any complaint. This still represents an improper assumption on the part of the reSpondentviolation that warrants a sanction as strong as the standard recommended sanction. Consent has an expiration date. Consent lasts for a reasonable time, depending on the circumstances. For example, On Thursday night, Rob and Jenn are together in Jenn's room. Jenn consents to sex with Rob, butjust at the point of intercourse, the phone rings. Jenn is on the phone with her mother for an hour. After the phone call, Rob and Jenn can engage in intercourse without re-consenting, though it is safest to check, just to be sure. However, suppose that after the phone call, Jenn is no longer in the mood. Rob goes home. He comes over again on Friday night. He cannot apply Thursday's consent to Friday night like a coupon. Jenn's consent on Thursday has probably expired, and they should check with each other before engaging in sexual activity. This section excerpted/ion: Croatia: (1 Proactive Campus Sexual Misconduct Policy, Bren A Sokolow, J.D. aurhor if) NC ER 2010 All rights reserved TRAINING HEARING PANELS ZOIO All rights reserved SEXUAL MISCONDUCT PANEL COMPETENCIES 1. Understand that campus conduct decision?makers are not asked to determine if someone did right or wrong. Their highest priority and most important discipline is to determine if someone violated policy. This is a key distinction. Most of us apply our personal ethics to campus conduct decision-making, rather than submitting to the true ethic of student conduct?enforcing the standards of the community. . Understand and apply the standard of proof in context, meaningfully. All of us know the meaning of ?more likely than not". Yet, most of us are not observant of our campus standard of proof, in practice. We tend to heighten the standard when the sanctions are tougher, and it is tougher than any of us will admit to overcome our social conditioning to always look to see if we have ?proof beyond a reasonable dou bt.? . Understand that the question of whether someone violated policy is distinct from factors that aggravate or mitigate the severity of the violation. If someone is contrite, if they lacked intent, if they made an error in judgment, we are all too wiliing engage in a logical fallacy and take that into account in making our determination ofwhether policy was violated. Mostly, such considerations are irrelevant. So too are decisions to find someone ?not responsible" because we fee? that if they are found "responsible?, the sanction will be too harsh. We must be disciplined to distinguish our decision on the finding from our decision on the sanction. lfyou feel someone made a mistake, or is contrite, take this into account by making the sanction proportionate to the vioiation. Don?t use it to find someone ?not responsible.? . Assess information carefully. What are the facts, opinions, and circumstances? How does the information add up? . Police yourseives. When a line of inquiry or deliberation veers into bias or irrelevance, correct the problem. When a procedural error is made, cure it. . Train conduct boards on the rudiments of development theory as it applies to the campus conduct context. This will help them to keep developmentaiism in perspective. So many times, especially with student boards, you?ll hear things like ?1 know she made a bad decision, but she's only This is developmentalism run amok. We need to encourage students to mature, and chalienge their decisional ethics, but encouraging is different than excusing. You can?t say that because someone is nineteen, policy is not violated, if with respect to the same behavior by a thirty-year old, you would argue they should know better. Behavior either violates policy or it doesn?t. It isn?t a function of age or maturity. . We?re not training our campus conduct boards that their decisions MUST be made based ONLY on information gained from the investigation or admitted at the hearing. Bring your common sense to the table, but not your common knowledge. It is a skill to know that you don't know something, rather than to assume that you do. 36 i NCHERM 201 Ail rights reserved 8. Because we?re being cailed on to decide more and more sophisticated complaints, we need to realize that our depth of knowledge may need supplementing from sources of expertise, such a textbooks, professionals, studies and research. . If you need expertise in a campus hearing, utilize it intelligently. Figure out what you need to know in advance, and arrange to get the information you need introduced at the hearing. Don?t rely on the parties for this. It is yourjob to make sure you have the information you need to make a decision. Bring the expert, text or other source into the hearing as a neutral resource for the decision-makers, rather than as a partisan of the complainant or respondent. Give all the parties notice of the expertise you will be using, and give them an opportunity to challenge it. THE PURPOSE OF HEARING SEXUAL ASSAULT COMPLAINTS It is popular on college campuses today to choose to view the campus conduct system as a vehicle and opportunity for educational resolutions to policy violations. This is a healthy approach to the extent that it means differentiation of the college campus conduct system from the criminal justice system. College hearings are not criminal trialsjail as a result of a college hearing. Differences include the levels of proof required, the format, who adjudicates, and the involvement of attorneys, to name but a few. College hearings are not entirely civil either, since loss of liberty and property rights are at stake. Civil proof standards are used in campus hearings, but evidentiary rules and certain constitutional rights are drawn from both the civii and criminal legal fields. Thus, college hearings are very much a hybrid entity of the two systems, while also incorporating other aspects, which make college hearings unique within the administrative law field. Hearing a complaint of sexuai misconduct, though it may be called something else on campus, is a serious matter. These offenses may be equivalent to felony-level crimes in most states. Yet, when a respondent is found to be responsible for violation of an institution?s policy on non-consensual sexual intercourse, this may be viewed pureiy as an educational opportunity. Remedial action is required by Title IX, and while educational sanctions may work in some situations, college administrators must also be willing to discipline, when necessary. Too many colleges, in an effort to retain an educational conduct focus, are reticent to suspend or eXpeI student violators. Colleges must acknowledge and accept that their role at times demands a separation from the institution in order to remedy a Title EX discrimination and protect members of the community. In the absence of serious mitigating factors, colleges have to be prepared to mete out separation~based sanctions, not just educational sanctions, for severe sexual misconduct. To fail to deal swiftly and assertively with sexual violence is a failure of institutional duties under negligence law, and quite possibly Title IX. it is also an untenable morally relativistic position to give oniy educationai sanctions where the same complaint tried in criminal court could result in imprisonment. Suspension and expulsion need to be the default sanctions for severe violations of your sexual misconduct policy, or you are courting 37 5 NCHERM 20 [0 All rights reserved a risk management nightmare. Serious sanctions are also necessary if your policy is to have any deterrent effect. Otherwise, students who are aware that you fail to deal meaningfully with sexual violence will feel as if they have an unfettered ability to commit conduct violations. PROCEDURAL BOARD ISSUES 0 Sexual Misconduct Hearing Board The first issue is whether or not to create a discrete hearing board specifically for sexual misconduct complaints. Many colleges have adopted separate boards, but this is not the only way to do it. As long as the board is well-trained to hear sexual misconduct complaints, whether it is a separate body or a board that hears general college misconduct complaints is really only a matter of institutional preference. if your college possesses the resources and is so inclined, creating a separate board just for sexual misconduct complaints can have the benefit of helping to reduce another structural impediment to reporting. Seeing that the college has established and trained a hearing board just for sexual misconduct complaints sends a message about how seriously the college takes sexual violence, and provides a sense of specialized competence with this type of complaint, which is reassuring to complainants, and hepefully to respondents as well. 0 Board Composition Many colleges today have hearing boards that are composed of a combination of faculty, staff, administrators, and students. Hearing board composition is one of the main structural impediments to reporting. If an alleged victim seeks a confidential resolution, she (or he) generally will not choose a process where there is a board on which fellow students sit or current or future professors will hear her complaint. Complainants are usually much more comfortable with an administrative panel. Should students and staff be absolutely barred from adjudicating sexual misconduct complaints? if your college is large enough to sustain a pool of adjudicators out of staff and administration only, there is no need to add students and faculty to the pool. If, however, institution is small, and finding adjudicators is more difficult, or if you seek democratic inclusion of campus groups in the process as a matter of principle, simply allow the studenbparties involved in the hearing the option of requesting on a case~by-case basis that students and/or faculty do not sit as adjudicators at that hearing. On a similar theme, it should also be possible for students to challenge the participation of any member of the board for conflict of interest or other good cause. Familiarity alone does not create a bias issue. Only where there is a belief that a board member will not be able to provide an unbiased and impartial decision should an alternate be selected. Furthermore, it is recommended, if possible, that both men and women serve together on the hearing board. The chance for bias could be greater in an all-male or all?female hearing board than it is in a board of mixed gender composition. 38 NCHERM 2010 All rights reserved 0 Hearing Board Size Hearing board size is significant in eliminating a structural impediment. Some colleges have a one- person board, or sometimes as many as twelve. With a hearing board ofjust one person, an alleged victim might fear the omnipotence of the adjudicator, where the opinion of one person will determine the outcome without perspectives from other adjudicators. On the other side of the spectrum, an alleged victim might fear having to tell twelve people about the worst experience of her/his life. It represents too much eXposure, a feeling of vulnerability, and especially at small colleges, increases the risk that the rumor mill will leak information, thereby destroying the confidentiality she sought. So, what is a good number? Well, that depends on whether or not unanimous or majority voting is used, as will be discussed below. If a majority vote is required, your hearing board should be odd-numbered, which means three, five seven or nine. Few colleges have a sufficient pool to create a seven or nine-member board, and it is still a cumbersome and possibly intimidating size. Five is good and three works even better. It is my perspective from observing hearings on many different campuses that three memberwpanels are the most efficient and effective format. 0 Board Training Some colleges say they won't train their hearing boards on sexual misconduct issues because it will bias them in favor of the victim. This is like saying that in criminal cases, thejudge should not know the rules of evidence, there should be no expert witness testimony to educate the jury, and the judge should not charge the jury with instructions on the law, because it will bias the outcome. Not training yOur board will get you sued because your board will not know what it needs to know to make the proper decision, and from that liability is but a misstep away. NCRERM has established a minimum competence for our clients of 2?days for training conduct decisionmakers each semester. it is rare to see a board operate truly competently without at least 2 days of training. The hearing board must be familiar with basic rules of evidence regarding relevance, credibility and rape shield rules. it must be thoroughly versed in an analytical approach to determining if a policy was violated. It must be instructed on questioning and deliberation techniques. it should understand Rape Trauma and common rape Furthermore, hearing board members need to be sensitized to what the alleged victim is experiencing. He or she may be traumatized by recounting the events of the incident. Providing a box of tissues would be kind. Hearing board members need to bear in mind that Rape Trauma (RTS) is experienced to a different extent by each survivor. can include loss of appetite, sleep disturbance, nightmares, extreme phobias, preoccupation with the rape or assault, inability to concentrate on 39 (C) NCHERM 20 10 - -.-1 ii rights reserved studies or work, anxiety about leaving the dorm or socializing with others, and sexual dysfunction. More importantly, many victims enter a phase of denial or shock that is common to RTS. The effect is that the victim may be able to sopply many more facts, and recali much more detail about the incident at the time of the hearing than he or she was able to when the allegation was made. To a hearing officer these "new" facts may appear to be dubious and suspicious. This is a very common occurrence at rape trials and hearings. Don't automatically jump to the conclusion that the victim is trying to "improve" his or her story. You need to be aware that the victim is likely to be telling you things of which he or she was not aware at the time the affidavit was taken. These seeming inconsistencies alone should not be held to weaken the victim?s credibility, but should be subject to more questioning and consideration. While it is acceptable to train your conduct officers on information about rape trauma if it is to be used as evidence in a hearing, care must be taken. Ifan alleged victim is experiencing of RTS, and wants to use that as evidence that she was sexually assaulted, that information can be introduced. The fairest way to do so is to give the respondent advance notice that this will come up in the hearing, to introduce information on RTS from an expert or authoritative text, to allow the respondent to introduce evidence refuting the expert or text, and to allow full cross- examination of the expert and the complainant. The expert or text should be a witness of or introduced by the institution, not by either side. The expert or text should not speak to the alleged victim's and their correlation, but only to the common characteristics of RTS generally. V0_fine Should your board decide responsibility by a majority vote, or unanimously? In practice, a board that must decide unanimously rarely holds a student responsible in a campus hearing. Is that a simple statement of fact or a question of elemental fairness? Regardless, it might provide ammunition to a lawyer in challenging the process. If you use a unanimity requirement, keep the board as small as possible. Two people works well. Larger numbers create fractious inability to reach fair verdicts. Some colleges have adopted a system where the finding of responsibility is by a majority, but a decision to sanction expulsion must be unanimous. Structurally, an odd?numbered board with a majority requirementjust resonates with democratic fairness, and invests all involved with a sense of propriety in the process and belief in the outcome. I also tend to see it, experientially, as the approach with the greatest risk management efficacy. 0 Standard of Proof Generally, the preponderance of the evidence standard is the better standard. Why then are colleges spiit evenly in using the two standards? Many colleges feel that where expulsion is possible, they want to apply a higher standard before they are willing to deprive a student of his education. This is a fairness consideration, which is understandable. However, in reality, it is not the best 40 20 0 AH rights reserved practice. In complaints where alcohol or other drugs, especially date-rape drugs are involved, it is nearly impossible to hold a student responsible under the clear and convincing evidence standard. And, as we know, 70%-90% of all college sexual violence involves the use of alcohol or other drugs by at least one party.4 How can there be clear and convincing evidence when both students were inebriated, or the victim is fuzzy about the events? if she is passed out, there can never be clear and convincing evidence without DNA testing. Thus, at feast for such complaints, a preponderance of the evidence standard is preferable. Again, this goes directly to structural impediments. Why would a victim bring a complaint that is impossible to win? 0 Hearing Venue and Setup Hearings should take place in a private place, and should not be open to the publics The structural impediment effects of open hearings should be obvious, given that privacy and confidentiality are key reporting issues for victims. Witnesses should be kept in separate rooms, only entering the hea ring to testify, and should not have contact with one another outside the hearing. Make sure the hearing room is big enough, as confining spaces can have an adverse impact on students under pressure. Should the alleged victim desire to testify without having to encounter the alleged perpetrator, what accommodations can you make? Can she testify in a separate room, or by closed circuit television, while still making it possible to question her? This is a best practice. A victim who is too terrified by the presence of the accused to make coherent statements is not a valuable witness, and the hearing will be a waste of time. Make sure that a videotape, audiotape or transcript of the hearing is made. It may be needed by the board during deliberations, on appeal, or for the college's defense, if there is a lawsuit. Make sure to take adequate breaks if the hearing endures for many hours. - Evidentiogy issues Certain evidence shouid not be considered in a campus hearing. Irrelevant evidence should not be deliberated upon, and this includes information within the protections of rape shield rules, if it could prejudice the fairness of the process. What color underwear the alleged victim was wearing is not relevant to the issue of whether on not she consented to sex. Who else the alleged victim had sex with is not relevant to whether or not the accused had her consent on the date of the incident in question. Whether the victim has ever consensually slept with the accused before may not even be relevant to whether there was consent on the date of the incident in question. Yet, these types of questions are asked in hearings far too often. Hearing board members are obligated to prevent such information from coloring their decisions, and should not consider it in deliberations if it is somehow admitted at a hearing. 4 See Antonia Abbey, Acqzrainiunce Rape and Aicohm? C?om'umpiion on (?o?ege Campuses." How Are The}! Linked?. _39 J. Am. C. Health (1991}. "Unless you're a college in Georgia, where hearings must be open under state law. 41 a (0 NCHERM 2010 All rights reserved There are four different kinds of rape shield laws in effect throughout the country, and they are variously mirrored on campuses: Some laws bar admission of any past sexual eXperience, even with the accused; Other states allow evidence of past sexual experience with the accused, but nothing else; Some states allow evidence of past sexual experience with the accused to the extent it is relevant; Other states allow general evidence of past sexual experience, but require a very high threshold for determining relevance. Mirroring your state?s rape shield rule is one way to decide on what form the rule should take on your campus, but a campus hearing is not a criminal or civil trial, and you have the freedom to decide what type of protections you will provide. The key to using rape shield rules is to make sure that all participants understand the rule and its application before the hearing. Avoiding the revelation of certain evidence at the hearing is preferable to having to decide on the rule?s application to facts that are introduced in front of those who will be making a final determination of the outcome of the complaint. Evidence lacking in credibility should also not be considered by the board. Basic evidentiary training is a must for the hearing board so that they understand these issues well?enough to make onvthe?spot determinations. 0 Presentation of the Complaint At some colleges, the college presents the complaint against the accused, and the alleged victim is merely a witness. At other colleges, the student-parties are charged with the responsibility of making their own cases and arguing them. Other colleges use uninvolved students to present the complaint for the student-pa rties. A system where the students argue their own complaints/d efenses is a good iearning experience, but the victim should have the option of having the college or a student- representative present the complaint if she is not up to it. Many victims find it empowering to be more than witnesses at the hearing, and colleges should not take away that important healing OpportUnity. Victim Advocate/Adviser All student?parties in a campus hearing should be allowed to bring advisers to the hearing. Some colleges limit them to one advisor each, while others allow both pa rents, or other supporters to be present, though in a silent capacity. Many large colleges are also employing victim advocates to help guide victims through the hearing process and helping them to deal with other post~incident issues. Keep in mind that where such services are offered by the college, Title IX may require you to provide the same services to accused students as well, and this is a best practice. We don't prefer confining advisors to members of the college community. This is limiting to the participants, and can often turn 42 I (Q NC HERM 2010 -- All rights reserved into bad publicity down the road, because it makes colleges look like they were trying to keep things quiet. If an assaulted student goes to the local rape crisis center first for help, and develops a rapport with a counselor there, there is no reason to deprive the complainant of this counseior as her hearing advisor Withdrawal bv Accused Student if an accused student withdraws from the school at the time of the incident, thereby avoiding campus conduct proceedings, he or she may later apply for readmission. it should be a condition of readmission that the student submits to a hearing as he or she would have had if he or she had not left the schooi. If found responsibie, the student must comply with the applicable punishment before being readmitted. If the accusing student is no longer at the school at the time the accused reapplies, it may be difficult or impossible to hoid a hearing. At this point, readmission is a discretionary judgment for the administration. On one hand, the student has been found responsible for no wrongdoing, and may not have violated the policy. On the other hand, read mitting the accused student could place the rest of the student popuiation in jeopardy of another attack. This must be decided on a case?byucase basis because it is highly fact-sensitive. One thing to be wary of is the risk of iiability ifthe student is readmitted and commits another assault. The victimized student may sue on the theory that the school unreasonably placed him or her in jeopardy because it might have been foreseen that readmitting the student could result in additional attacks. HEARING PROCEDURE The alleged victim should present his or her allegations first, and be able to call witnesses. There are some situations in which the alleged victim cannot or will not present his or her own complaint. It is not unusual for the conduct administrator to appoint an administrator to present the complaint in the victim?s stead. In fact, some colleges insist on presenting the complaint, and only use the victim as a witness. This is not the best practice. If the victim wants to present his or her own complaint, coileges should recognize that so doing may be cathartic and may play a large part in providing a victim with closure or at ieast a start to the healing process. If the victim elects to let the college present the complaint, the victim still has the right to be present throughout the entire proceeding. Another option for the victim is to have a video system set up so that he or she can give testimony in a separate room and thus not have to see the accused. There still should be some way for the accused to cross?examine the alleged victim. After the alleged victim questions the witnesses, the accused student should be able to cross?examine them. Next, the accused student may present his or her defense followed by cross-examination from the alteged victim. Then, the accused can call witnesses. After questioning the witnesses, the alleged victim may cross-examine them. With the approval of the hearing board, the alleged victim?s 43 I 1:15 NCHERM 2010 - All rights reserved witnesses can be recalled to provide rebuttal testimony. The hearing board members are allowed to ask questions at any point throughout the hearing. Either party has the right to request that portions of the tape (or better, a videorecording) be rewound and replayed for the hearing board members or witnesses. The school may also find it necessary to provide time limits for each of these segments of the hearing. Hearings often take place after business hours, and it is necessary to keep them to reasonable time limitations. For example, if a hearing starts at five o'clock, PM, it probably should not go on past ten o'clock, PM, unless all the participants agree to continue. Otherwise, the hearing could exhaust all the participants. The hearing board members should allow and take breaks as necessary. if the hearing is not finished by 10:00pm, it can be re-convened the next morning or evening, or as scheduling permits, but the elapsed time should not be so long as to interfere with the process. After the alleged victim and the accused student have presented their arguments, each should be allowed to give a closing statement. The accused student should go first, then the alleged victim. The hearing board members should then have a maximum of 48 hours in which to reach a decision. However, if they cannot reach a decision in that time, witnesses may be recalled for further questioning. The members of the hearing board have to decide if the accused student's actions meet the policy definition of sexual misconduct. Usually, the accused will receive a complaint based upon all of the applicable sexual misconduct offenses defined within the institution's policy. That way, the hearing board can decide which violation best describes the accused?s conduct as revealed by the hearing process. if the alleged victim is entitled to submit a victim impact statement to the hearing board, this statement should be used by the board only if they determine that the accused student is in violation of the policy. This statement can help the conduct board members decide what sanction to impose. Some institutions use separate boards for the hearing on the facts and the hearing on the sanction. We find this an unnecessary complication, especially if the college has standardized policies with recommended sanctions for each category of misconduct (in a setting designed to encourage ethical development, fixed or mandatory sanctions do not help to ensure that the ?punishment fits the crime.? However, guideline sanctions are helpful, because they still allow for flexibility where appropriate, but also give guidance and encourage consistency where needed). Once a decision is made, the accused student should be informed first, then the alleged victim. They should be informed separately and at different times so that they do not encounter each other, unless they are both informed at the hearing, in situations where quick decisions are madeAll rights reserved APPLYING THE CONSTRUCT This Typology is about ensuring that for each and every complaint, we are asking the right question. If we ask the right question, we'll have a better chance of getting the right answer. 50, how many questions are there? There are three main, overarching questions. Complaints get muddled when the wrong question is applied to a compiaint for which it is not appropriate. The three questions that can be asked are rooted in policy. All colleges should prohibit sexual activity when it occurs under the following circumstances: 1} When it is forced; or 2) When it is non-consensual; or 3) When the victim is incapacitated, and that incapacity is known to or should be known by the accused. Force The force paradigm is one in which sexual contact is forcible or against the wili of the victim. Some policies speak to resistance by the victim, and this too is part of the force paradigm, as resistance is shown in the face of force. in a force-based paradigm, the existence of force can be proved in two ways: 1) evidence of the application of force by the accused; and 2) evidence that the sexual contact was against the will of, or resisted by, the victim. Force includes physical force, threats, intimidation and coercion. Ail of the other terms that are used are synonyms for one {or more) of these four. Element of Force Synonyms Physical force Violence, abuse, compulsion Threats Harassment Intimidation Implied threats, abuse Coercion Pressure, duress, cajoling, compulsion, abuse There is some overlap among the terms. Abuse, for example, can signify physical abuse, sexual abuse, or emotional abuse. Harassment equates to threats, in a force construct. For example, Professor Crudge tells his student, Stephanie, that if she does not sleep with him, he will fail her. While on one level this would be classified as quid pro quo harassment, on another if Stephanie did sleep with Crudge, it would sexual assault by forcible compulsion. Stephanie was threatened. By use of the threat, Crudge applied a type of force. This should provoke some thought about what is sufficient to constitute a threat, and that will be discussed immediately beiow, in the ensuing description of the four types of force. (it? NC HERM ZOI 0 rights reserved a. Physical Force Physical force is the classic force construct, equated with violence or the use of a weapon. No matter how siight, any intentional physical impact upon another, use of physicai restraint or the presence of a weapon constitute the use of force. b. Threats The law defines a threat narrowly, as a direct threat of death of grave bodily injury. ?if you don't have sex with me, I will kill you." If a threat is used to obtain sex, forcible compulsion is present. I give a much broader interpretation than the law does to what constitutes a threat. Any threat that causes someone to do something they would not have done absent the threat is enough to prove forcible compulsion. While this is not a law-based interpretation, it certainly is useful for college policies. If I threaten you with a negative consequence, and that threat causes you to acquiesce in sexual activity, forcible compulsion is present, and sexual misconduct has occurred. ?If you do not have sex with me, I will harm someone close to you ?If you do not have sex with me, I will tell people you raped me ?If you do not have sex with me, I will spread a rumor you are gay ??Ifyou don?t sleep with me, i wili fail you intimidation We define intimidation as an implied threat, whereas th rea-ts are clear and overt. For example, we have recognized that ?If you don?t sleep with me, I will fail you" is a threat. Yet, many of us would agree that it would be just as inappropriate for ProfeSSOr Crudge to say ?If you have sex with me, you?ll get an A in my class.? But, would that be a threat? No. A threat has to have a negative condition attached. This example ?threatens? a benefit. I would argue that it is an intimidation, rather than a threat. If Stephanie agrees to have sex, it may be because Crudge is in a position of power and authority over her. What is offered here, the A grade, is overt. What is implied is what Crudge might do to Stephanie if she does not comply with his request. When we talk about intimidation as a type of force, it describes a situation where someone uses their power or authority to influence someone else. In sexual harassment, the offense is met if the victim is intimidated, but for physical sexual misconduct (such as sexual assault or rape), there is a requirement of use of force by the accused against the victim. Otherwise, any woman could argue that a sexuai overture by any man larger than she was inherently intimidating. Because most men are bigger than most women, I would certainly hape that is not the case. 46 5 (0 NC HER-M 2010 Al! rights reserved d. Coercion Finally, the fourth element of force is coercion. We define it as a synonym for pressure, duress, cajoiing and compulsion. We believe strongly that if any of the four types of force is used, coercion is the type of force most iikeiy to be present in campus sexual misconduct complaints. In a sexual context, we define coercion as an unreasonable amount of pressure to engage in sexual activity. What is unreasonable is a matter of community standards. We define coercion in terms of seduction. Society defines seduction as reasonable, and coercion as unreasonable. Both involve convincing someone to do something you want them to do, so how do they truly differ? The distinction is in whether the person who is the object ofthe pressure wants or does not want to be convinced. In seduction, the sexual advances are ultimately welcome. You want to do some convincing, and the person who is the object of your sexual attention wants to be convinced. Twist my arm, I?li go along. Two people are playing the same game. Coercion is different because you want to convince someone, but they make it clear that they do not want to be convinced. They do not want to play along. They do not want to have their arm twisted. And the coercion begins not when you make the sexual advance, but when you realize they do not want to be convinced, and you push past that point. Seduction becomes coercion. Yet, coercion is a matter of degree. Some amount of pressure is reasonable and socially acceptable, but too much pressure crosses the line. That line begins when someone makes it clear that pressure is unwelcome, and for some communities, any additional pressure is unacceptable. This is a very intolerant threshold. What amount of pressure is unreasonable, beyond the indication that pressure is unwelcome. For these communities, determining what is unreasonable should be a function of four things: intensity, frequency, duration and isoiation. Let?s say i approached you at a crowded bar, and started to come-on to you. if i pressure you for sex for five minutes, will i get very far? What if i have thirty minutes to pressure you, or three hours? i have a better chance of success ifl have a ionger duration in which to pressure you. Let?s look at frequency. if have thirty minutesthree times, would that be less successful than if i asked you thirty times in that thirty-minute timeframe? Frequency can enhance the coercive effect. 50 can isolation. What if we weren?t at a bar. Would my pressure be more or less effective if we were together in my room on campus, with no one else present. My coercion will be more effective if i isolate you. Finally, intensity can impact my coercive effect. We?re at the bar, and l?m trying to convince you to have sex with me. i spend a half?hour telling you all the reasons why you should have sex with me. i?m realiy doing a great sell job, as know my product better than anyone. tell you that l?m the best lover you?ll ever have. i challenge you to ask any woman in the bar, knowing they wili vouch for my prowess. i tell you you owe it to 47! (chCilERM 2010 yourself to fly Air Brett. tell you this is one roller-coaster ride you just don?t want to miss. give you my best Lounge Lizard act. Not buying it? know why. The problem isn?t me. Any reasonable person would jump on the experience lam offering, literally. The problem, lsee now, is YOU. 50, lchange tactics. ?You come into a bar, dressed to kill, flirt with me, and then think you can tease me and say no. You?re just a tease. You like to lead men on and then let them dangle. You?re probably frigid. You should take a chance, you might just like it. What are you, some sort of religious freak? God won ?t know if we do it just once. i won?t tell him. What are you, the last virgin in captivity? Everyone is doing it. Come on. Virginity is way overrated. Are you afraid your parents are going to find out? i won?t tell them, lpromise. Loosen up. Relax.? In summary, once you draw a line indicating that you don?t want to play my game, and I pressure you beyond that point, seduction will become coercive. What amount of pressure is acceptable is a function ofthe frequency, intensity, isolation and duration of my pressure. Once your community standard is exceeded, it is appropriate for you to label my coercion as forcible compulsion. Consent What is critical to understand here is that consent is a key legal and policy concept that all colleges should embrace, and most have done so. Consent is a modern mechanism when compared to force, which is the classic rape construct, and is obsolete. Force is obsolete because any sexual contact that is by force is by definition without consent. Force became antiquated because of the difficulties in proving its use. Where violence was used, and physical signs were present, force was easily proven. Where physical signs were not present, the courts looked to proof that the sexual contact was against the will of the victim, and that was proved by evidence of resistance. The law, in effect, wound up requiring victims to resist. This had the odd effect of placing a burden on the victim to wound her attacker, have witnesses, or make sure to have his skin under her fingernails. It also placed victims in jeopardy, as resistance could anger an attacker, ca using worse harm. And, in the case of the sadistic rapist, her resistance turned him on all the more. Consent was the way the law updated proof standards. it shifted the burden from the victim to resist, and placed the responsibility for obtaining sexual permission on the aggressor, or initiator of the sexual activity. The core of consent is the right of the victim to be unmolested until she gives clear permission for sexual activity to take place?what I call sexual sovereignty. Silence, in and of itself, cannot function as consent. The following section discusses Consent in detailAll rights reserved utmt uunnri rnuti no rim mutt, ms flESwN hint>>: LME mt uumtiiwis whim noun:sz new sutures me Nit: sot 90", fig; 179, inherit met htili'rruutui ili Net-Aunt limit Arnie-rue thinulwutuurl in: mail 111; to .NH sunrisiwret 1' 0 Gent-til Cniiuirl rtiu l' titutuwui (itntl suit me to ttpu ,trrir, June 16, 2011 VIA HAND DELIVERY Felice Bowen Compliance learn Leader United Slates Department of Education Office of Civil Rights 32 Old Slip, 26'" Floor New York, New York 10011 KC. Case No 02-! 14094 The New School Dear MS. Bowen' This letter responds to the complainl of discrimination filed by-- on Aprils, 2011 ("Camplalnt") against The New School and the related Data Request from the Office of Civil Rights As a preliminary matter, the University denies that it agamlecr any other student on any basis including Title IX and its supporting regulzflonsr Because 0 re atively short-time fmme the University has been given to respond to_ sweeping allegations and OCR's extensive Data Request, the University is providing documents lhal are responsive but is, however, reserving its n'ghts to submit a position statement at a later date though it will briefly address each allegation as necessary to provide context to the information lliat is being provided. 1. -Coinplaine Accordlug to the Complaint--first allegation is that the Utiiveisity failed to respond adeqLalcly to the complaint of sexual assault that she made on or about February 17, 2011. Allached hereto as Exhibit 1 are documents related to die University's investigation ofaiid delerrn' ation with regard io_coniplaint or sexual assault. The Sexual Assault Policy, the Student Code orCondnot as well as the NonrAcudemic Disciplinary Ptoeedures are all relevant to how- - complaint was processed by the University and are attached hereto us Ethihits 2, 3 and 4. In addition the University has a Sexual Harassment Policy, though neither that policy not its procedures were used by the Univmuy in processing--complaint oisexttal assault. The current Sexual Harassment policy and related procedures are attached hereto as Exhibil In order Io respond directly to Complaint the University would appreciate knowing more spetnrically what aspect of its response to complaint ofsexnol assault was inadequate. second allegation is that University stair delayed delivery oi her mail from February 2011 through May 2011 in retaliation for her sexual assaull complaint. The University denies that the problems_ experienced her to delivery were in anyway related to complaint ofscxuul assault and mquasls tha pro de spe fic I- is supporting a causal connection between the two. Rather than an tetaliat mail problems arose irom her providing the incorrect matting address once she ranged arms. The communications and university pctsonnct surrounding the problems her tnatt are attached hereto as c. in addition, all students who Ich in university housing am told to revtcw and are given access to the Residence Hall Handbook instill") which contains intin-mation related to mail services as well as on other relevant University policies, pmcedures and practices A copy nflhe lit in is attached ltereto as Exhibit 7. allegation is that the University's policy for responding to complaints ot'sexuat assault is not equt able, as to permit the accused individual but not the complainant the it iltt to appeal the outcotnc ot'a hearing in a sexual assault ease. The University acknowledges concerns from other students and stall-tolated to the application or ttonacademic disciplinary procedures ("disciplinary procedures") to complaints ofscxual assault, More specifically until April 201 the disciplinary procedures only permitted the students accused of and found responsible for a code of conduct violation, including a sexual assault. to appeal that detemttnation. As part of its revision of its Sexual Assault Policy this past spring, the University currently provides both the complainant and the accused in sexual assault cases the opponunity to appeal the detenninaticn of the decision-makcrt The iiew policy, Exhibit 2a, became effective on April Ill 2011. Fourth,_allcges that the University rails to adequately publish its procedures for responding to sexual a autts. the University's Sexual Assault policy went into elreet in April 2006 and ltas been I ted, along with all other policies procedures related to students, on the Rights at public webpage: \lrighls/ The website is rererenced in the Student ttandbook that is provided to new students as part or their orientation packet arid made available to all continuing students each year on the Student Services' websitc' copies are also made availablc lo Ille academic and advising oifices for distribution to students. The 2010--2011 Student Handbook is attached as Exhith s. The link to the webpage ts also provided in the Campus Security Guide' that is distributed to the campus community each year. in addition to the public website, identical information directing students to the Rights dc Responsibilities wcbpagc is provided to students via the h/tyNewSchool2 ponat which may be accessed by students and current log--in access. While tht: University has not, unttl this Complalntc any concem Ihal sludcms have not been ablc to locate the Sexual Assault Policy. the prcces~ undmakcn this spring [0 solicit recommendations for updating the Sexual Assault Policy did result in changes to the Policy relating to procedure surrounding student complaints, irtcludtng thosc specifically related to sexual assaults and, more specifically, the cross-communication hetween the offices and administrators that share responsibility for implementing the University's policies anti procedures related to scxual assaults, 'I'hc Unix crsity is in the process of analyzing its procedures and is developing a plan oractton tor implementing the revised practices for tall 201 1. Fifth, alleges that the failed to respond appropriately to complaints of sexual assault. The University requests the specific facts supporting this allegaliun, The list ofcomplatitts by the and what actions were taken are included in the following response to OCR's Data Requcst, See Exhibit 9 Exhibit 10. student Page on Myt\cn School Portal II. Data Request 1. The University?s policies and procedures related to Sexual Harassment and Sexual Assault have been provided as Exhibits 5 and 2. These policies are included along with all other policies relevant to students on the Rights Responsibilities webpage. The Rights and Responsibilities Of?ce is responsible for processing, investigating and resolving both complaints of sexual harassment and sexual assault as well as other allegations of non-academic student misconduct. That of?ce is managed by the Director of Rights 8.: Responsibilities, Gene Puno-De Leon, who reports to the Assistant Vice President for Student Campus Life, Tom McDonald, who, in turn, reports to the Senior Vice President for Student Services, Linda Reimcr. Several student publications including the Student Handbook and the Carnpus Security Guide, along with various web links (Exhibit 15) direct students to that webpage which has the contact information for the of?ce and provides the most current information On the University?s policies and practices related to students. These publications are distributed to the entire community each academic year. In addition, new students are required to complete the University?s online Sexual Discriminatory Harassment Training prior to enrollment which has the policies and procedures and list the contact information for students who wish to ?le a complaint or seek additional infermatiOIi. With regard to employees, the Sexual Harassment policy is included on the Human Resources webpage: and is also included in the Institutional Policies Procedures Manual which may be accessed through the portal4. At least once a year, Human Resources noti?es Employees to take the online Sexual Discriminatory Harassment Training.5 The University has been fortunate not to have had any cases of sexual assault involving a staff member but like any other emergency or on campus criminal activity, employees are advised to call 911 ?rst, then Security and then Human Resources to determine what policies and resources are available to address their needs. As con?rmed in the reSponses above, the University has both a Sexual Assault Policy and related procedure as well as a Sexual Harassment Policy. Human Resources manages complaints under either policy received frOm employees. Rights and Responsibilities manages complaints under either policy when the complainant is a student. Students and employees always consult the of?ces and staff designated in the policies regarding their desire to ?le a complaint and the staff members in both offices have the professional training to analyze which policy is applicable to the facts as described and to advise the complainant appropriately. As a general distinction, the sexual harassment policy would be used for behavior that cannot be characterized as sexually violent but the student/employee would be advised of their Options under both policies. The Assistant Vice President for Student Campus Life, Mr. McDonald, is the Title IX Coordinator and this designation is in the Sexual Assault Policy. The University will take steps to ensure that such designation is prominently disclosed in other publications and websites geared to students for fall 2011, where possible. The University?s published catalogs contain its Equal Employment and Educational Opportunity Policy Statement and direct all inquiries, See excerpt of the IPPM, Exhibit 1 1. See Exhibit 1 la, Employee page of MyNewSchool Portal. Se Exhibit 16, February 2011 Email Announcement to the Campus Community. 3 strident flights and 79 Filth Ave., HI. 212.229.5349 212.229.5166FAX an-'tnewsnhouhedn 'fii Shefidetfi {helmet Form mm Page iorz mouodby: . -- stare: 1 Student Lang rummerceimunm, date ofde 2/17/2011 Address I with. 'tghewt'nnarnst L-- ?lflP5ik- -- Student -- -- -- sweat -- Commuter -- -- Student i i- . Janualy80,2011,7pmr10pm a And 30ml 453m (delicate-waded: Sluy Park,- Sexual Misconduct, Sexual Harassment runs bum . "at "a Buggy" Mommy} rots. no Grit I On Thursday, February 17, 201 around 2pm, students--and-- came to 79 avenue to speak to housing Front desk stah directed them to Student Rights and Responsibilities since the students reported a concern about a "sexual predator" Accordingm' she lived across the hallway at Stuy Park lrom-- She reported thaton January so, 2m 1, touched her inappropriately, coerced her into sexual activrty against her -- a friend or _recounted an inCident With--last semester (Fall 2010) that she lound "odd, but had similar initial behavior, which in-case did not escalate to any sexual activity. However, both students tell that comments were very similar to their separate experiences with him _stated that on January 30'" around 7pm she was on Facehook a'td was chatting with-- She then invited him over to hang out W'Ille they were hanging out, he began to give her a massage The massage becanic sexual when--hogan to massage her breasts He allegedly pulled down her hra which made her last uncomtortapte out she 'let it slide He then tried to kiss her. the kiss was or her cheek and the actiirity stopped when she told him she needed to go to the bathroom He then said he would lust teave. _returned to his room across the hall. This was around 10pm or so Some time later that evening-nessaged-on Facebook about how men previous activrty was not appropriate and she stated that it will not happen again between them did not want to continue the conversation over Faceboak chat, so asked it he could come ever _came overand stated that he gave her a hug She told that the hug was not oh and he complied. They started to rust talk and hang out At first--was at her desk and _was sitting on her bed. She stated that he coerced her into making out (kissing) which took place on her bed He then proceeded to "dry hump her." He then pulled down her pajama top oil or her shoulder and her bra and kissed her ba'c breast She said No, but he continued. She said NO again, but he continued to-- he repeated this action multiple times, to which she continued saying no, He then placed his hand on her crotch (outside her clothes}, she said NO and moved his hand away - put his hand on her crotch again, to which she sard NO and pushed his hand away again stated that he repeated this achon arour'd 1045 times--added that shortly before any activity began, said to the effect cl'let's have sex" and 'l'rn clean You're on birth onnlroi She responded "No, that's not OK While making out,_ recalled- saying "i love you and 'Marry me" and told her about how his lamin has no history at divorce. According to_he was on top ct her when he was dry humping her, but they were times that she was on top while they were making out The activlty linally stopped when J2nnlfer noticed In: time, that it was 2am. _then went to hei desk on to her com uter _remained on her bed She asked him 'when are on going to leave?" He slaeld that he had (a Dray. remained in her room (or another 45 minutes When finally got up Student mm and 19 Film Ave., Flr. 211395349 2121295166 FAX srr@newsohonl.edu New A Remit Form Page 201'2 to leave he first hid behind the door of her room to make Sure no one was in he kitchen, He then behind the door In the kitchen to make sure no one would see leaving the Suite, Durlng (his lime-slated that she felt coerced in") making him and that She sald NO when he Kissed her breasl and said NO when he put his hand on her crotch The rollowrng day -exchanged trie iollowmg texts With him' Me: Yo when i said no la tnings am you kept going that was not ouol. him' It cant handle lcollng around witn a damn guy triats rineyust make it clear now, be over very qulck. cheers Fwd: me: I can handle it. ljust want my lo be respectedi which leltdidnt happen last night Him: 0k (hen Im done Ur boundaries respected, Jeez take care and leave me alone ur creeplng me the fuck out like urluo sheltered (or me belter far ma Fwd: nim To end it it wont work out-- Fwd: him: And for im too intense tor im sorry-- Fwd: nirn: No naro were too ciao nave a good dayl p.s, Important tnis absolutely stays etween us Fwd: Ciao Me: Seems like you have no interest in now i telt last nignt man you did slufi i didnt want you to do and told you to stop many times and even removed your hands Fwd; him Anyways hope ure fine Im Just too intense fol WV-- Bye Fwd: me it wasn: intensity it was a lack oi respect. Him: I disagree with but in were to do it now it wouldi Ure clear about who are at this point now take carol Dont worry about it happening ciao On February 17' 2011,_was speaking wllh-- and discovered that--had hung out last semester described as "add She shared that-met tier on Faoebaok and eventually invited neroverto hang out They were alone in his dorm room and may are Jusl talking -reoatls trial atone point-- began massaging her arm and asking nerwnat it made her feel? sne said am: just lau it art but round it strange She also recounted now he asked tier some questions that made her feel uneomionaule hasked her"ars you a virginv" and "are you a good kisser?" Duran a later part onne conversation he also asked her it sne had had any lesbian experience -- "have you ever been eaten out by a glrl" and "would you evereat out a gun" Textsimeen--ana--mmMaryann". Me: Yo when i said no to things and you kept going that was not 0001. him: ll'u cant handle fooling around with a damn guy [hats make ll clear now. lill be over Very quick. cheers Fwd: mu 1 can handle ii ijusl want my be xespected, which i fell didnt happen lasi night Him: Ok then im done. Ur boundaries will respected. Jeez take care and leave me alone Ul' creeping me the fuck out. like ur [on Sheltered for me Its better for me Nd: him To end it wom work om-- Fwd: him: And {m in im too intense for im sorry-- Fwd: him. No hard feelings were too different for (his! ciao have a good day! [35. Important: this absolutely elween us-- Fwd: him: Ciao Me: seems like you have no imcresl in huw i felt last night when you did stuil'l mam want you lo do and [old you 10 3101.) many iimes and even removed yam-hands, Dye Fwd: liim: Anyways hope utc fine im just loo imense [or Bye Fwd: me: Ii wasm intensity. i! was a lack Him: I disagree will] LI but i" wele in (luv it now it would! Um clear about who are in ibis point now take care! Dom worry about it happening ciao-- A'smutrnun mm unsatisnfinir. scum rur me new new>> Fun smut <> sums um . mnuumum MINNESMLLEEYHE 59mm music mans: ri- mums nod March 28. 20] Loeb Residence Hall 135 East 12'" Street.- New York. NY 10003 Dee-- write to nnl|fy you of the Outcome ofmy review of the allegations of sexual assault that you made against another student, --This information is being provided as per your request and pursuant to Sac/[an 99.3mm}; of the Family Educational Rights and Privacy ,1 ct, which allows the university to share my findings with you. As I explained to you at our meeting on March 11,2011' under Section 13.1 otthe university's Nanotmdonne Procedures, -waived his right to a Disci linat'y 1>dne1 Hearing and chose instead to have the incident reviewed by my office. 1 met with on March 21, 2011 to review Lhe allegation): against him. My finding was inconclusive in that I was unable to determine with any reasonable ccltainty that the alleged violation did or did not occur. Thus. 1 have determined that- will not be held responsible for the allegations against him. lle was informed that arecord of my [inding would remain on file with the university and would be ounsidercd should any future allegations ofa similar nature be filed against him Furthert-was cautioned not to attempt to contact you directly or indirectly either in person. by phone. or in writing to discuss this incident. and that any attempt to do so would constitute a separate violation] of the Sexual Ar. aull Policy and Procedures, Pending this outcome. Ute other student was relocated to another residence and not allowed in your residence or the 13m Street Cafeteria. Even though my finding was inconclusive. this arrangement will remain for the temainder of the semester. Should you have any questions, lcan be reached at 2l2 229.5900 X3656. Sincerely, 171mer? Ol/{coawmh Thomas J. McDonald Assistant Vice President Student and Campus Life cc: Studenk Rights and Responsih 79 fifth Ave.Y 5m F|r. 212.229.5349 sh@newschool.edu 11E NEW scrim." rt modem Report For Page 1 ot2 Rlpomd by: -- Status: Student Lang 7 phone rconlaet Info: Date of Report: 2/17/2131 1 Individuals Involved (Lash First) Address Telephone ID No. (lncl. non~NS) statue: -- Part - -- -- smuem -- SWY Path - -- -- Student Commuter -- Student January 30, 2011' 7pm-10pm And 11 30pm-2 45am Nat-An a! Incident: Sexual Misconduct Sexual Harassment Date a o1 Incidmt: stuy Park'- Dotalts of the lae speehc and taduel. menus and quota any dlreet statement: you recall. assume more oehayors. appearances and demeanor You wiH be mmlmafl by the (was it amfliflnal Wort-nahon or clarlfuhon is flawed) On Thursday February 17 2011 around 2pm, students--ahd--came to 79 5" avenue to Speak to houslng Front desk staff dlrected them |o Student and since the students reported a concern abou| a sexual predator Accordln to_ she lrved across the hallway at Stuy Park from-- She re oned that on January 30 2011ht0uched her rnappro rratel oeroed her rnto sexual agarnst he lrlend o1 _recounted an last semester (Fall 2010) that she round "odd," out had behavlor lh-case not escalate to any sexual However' both students tell that comments were very lo therr separate experrences stated that on January 30'" around 7pm she was on Facebook and was wrth-- She then over to hang out Whrle they were out he began to grve her a massage The massage became sexual when-began to massage her breasts He allegedly pulled down her bra made her feel uncomlortable but she et rt sllde' He then trred to her, the was on her cheek and the stopped when she told she needed to go to the bathroom He then sard he would rust leave returned to room across the hall was around 10pm or so Some trrne later that evenrng,_messaged -on Facebnok about how thelr prevrous was not approprtale and she slated that rt not happen agarn between them -drd not want to contrhue the conversatrnn over Faceoodk chat so asked rt he could come over _came over and_ stated that he gave her a hug She told that the hug was not ok and he complled They started tolust talk and hang out At first-was at her desk and-was on her had She stated that he coerced her rnlo making out took place on her bed He then proceeded to "dry hump her He then pulled down her palama top ott ot her shoulder and her bra and klssed her oare bleast She Satd NO, but he contrnued She sald NO agarnl but he to_he repeated actron |lmesl to she contrnued sayrng no He then placed hand on her crotch (outsrde her clothes) she sard NO and moved hand away _put hand on her crotch agaln. to she sa;d NO and pushed hand away agarn -stated that he repeated actroh around 10715 trmes _added that shortly before any began -sard to the effect or "let's have sex' nd "l'm clean You're on oldh control She responded 'No, thats not OK Whrle maklng out -recalled-saylhg "1 love you" and'Marry me and told her about how tamrly has no hrstory oldrvorce to_ he was on top of her when he was dry hell but they were trrnes that she was on top whrle they were makrng out The hnally stopped when_ notlced the that rt was 2am - then went to her desk onto her conliuter _remarned on her bed She asked "when are you gorng to leave? He staetd that he had to pray emarned In her room for another 45 mrnutes When 1rnally got up Student Rights and Responsibillties 79 Fifth Ave, Fir. 212.229.5349 212225515er er(R)newschooLedu Tr}: NEW ML rt incident Report Form page 20m lu leave he first behind the door 0' her mom ta make sure no one was the kitchen He then Nd behlnd the door In the kitchen to make sure no one would see leavrng the surle Durrng -stated that she rert coerced rnto making out and that she sard NO when he kissed her breast and sard NO when he put hand on her crotch The rorrowrhg day.-xcnanged the torrowrng texts Me: Yo when sard no to and you kept gorng that was not cool him: It cant handle toorrng around a damn guy thats the rust make rt erear now be over very qurorr cheers Fwd: the lean handre rt trust want my to be respected whroh happen rast Him: Ok then Im done Ur boundarres wt" respected Jeez take care and leave me alone ur creeprng me the tuck out ltke u! too Shelleled tor me Its better to! me Fwd: To end rt rt wont work out-- Fwd: And tor rm too rntense tor sorry-- Fwd: No hard were too drtterent for thrs' crao thave a good dayt Important ahsotutety stays etween us Fwd: mm Crao Me: Seems [tke you have no Interest tn how I felt task when you Stus want you to do and told you to stop many trmes and even removed your hands Bye Fwd: Anyways hope ure fine rm Jusl too rntense tor k7_ Bye Fwd: me tt wasnt rt was a lack of respect Hi Idrsagree but rt were to do rt now rt woutd' Ure orear about who are at pornt now take care' Dont worry about rt happenrng crao On February 17 201 1 '_Nas speaktng wrth-- nd drscovered that-- had hung out rast semester she as "odd She snared that-met her on Facebook and eventuarr her over to hang out They were alone rn dorm room and they are juS| -reeatrs that atone pomth began massagrng her arm and asth her what rt made her reew sne sard she rust taughed rt on but round rt strange She also recounted how he asked her some questrons that made her feel uncomfortame _asked her "are you a and 'are you a good krssen" Durrng a tater pan or the Conversaltun' he arse asked her rt she had had any tesbran experrence -- have you ever been eaten out by a grrt" and "woutd you ever eat out a gtrW" Texts between-- and-- Slmund January 31. 201 Me: Yo when i said no to [lungs and you kept going that was not cool, him: Ifu cant handle fooling mound with a damn guy (hats fine just make it clear now Itll be over very quick. cheers -- Fwd: me: I can handle iL a just want my boundry> to be which i felt didnt happen last night Him: then im done, Ur boundaries will respected. Jeez take care and leave me alone ur creeping me the fuck out. like ur ton sham-ed for m: Its better for me Fwd: him: To end it it wont mark out-- Fwd: him: And for inn too intense m. Sony-- Fwd: him: No hard feelings were too different for this! ciao have a good day! p'si Important: this absoluter Stays elween us-- Fwd: lum: Ciao Me: Seems like you have no interest in howi felt last night when you did stuffi didnt Want you to do and told you to slap many times and even removed your hands. Bye Fwd: him: Anyways hope me fine imjust too intensa for Bye Fwd: me: It wasnt intensiiy' iI was a lack ofxespect. Him: I disagree with but ifi were to do it now it would! Ure clear about who are al this puinl take care! Don: Wm about happening ciao-- . m: some: Mini . masoclm < -- mm W: [wag em; 1 eM/ 90L fooefiof AM 5&5me MM Am . WM Vii Ami/2M V0721 @441 AA 045/eyLo/l CL/jrma ad. Ova {figaX/K (x {5 [/jp'heuiw fluia/x Zw ML [/Lu'fi'c/ ,0 M17) 75,444/2 Mr WK "m 1/7""4 WW AW A 76 exp/[fW/Mguwflw nag/ml, -- 7 mum/J -- LL am' J44 'f 144W 4M4 ej WM .7 7% 7'0 ?Ll M, w/ ?a/?VA/mc( ?sz I - 6? WW) ?A'3:2 1W). i354; at". dab/5' and id @mo?o '06. 7% a (/6141 (6 7/0/46 7:73 @Wq ??Ayli 0 0K. . ?ag/3 f9 wj/Z?cz .A {/42 ngg??szwn/f? 'o Aer/mag 4% $4153 I AW gr - .W Achd/ 2/1/05 QM scumroamwt sums ms uni some mtuui nu MAN um>> mun MW 5mm m: mm min: I.th CDLKIX uamt ms "was Domini mi new mum Mus: it: new scauaLFM Danna mm ml min momma-mm <against the female student's will. You added that since it felt awkward in the room, you decided to leave even though you felt she wanted you to stay. Later that night, you returned to her room after briefly chatting on Facebook. You said that you suggested that the two ofyou kiss and "see how it goes." You said that you did remain in her bed after making-out but did not think you were there for 45 minutes. Before you left, you did check to see that no one was in the kitchen and no one was In the became you did not want people seeing you walk out ofa girl's suite, You said that you live in a freshman dorm and did not want rumors spreading around. Throughout our meeting, you stated that you never went against her will during any of the activity and that you both consented to kissmg. I informed you by letter that under Section 13.3 ofthe university's NonrAeademic Procedurerr this complaint would be reviewed by a Disciplinary Review Panel unless you chose to examise your right under this Section to waive review by the Panel. in which case, I would review the complaint and make a determination of responsibility, You told Ms. Gene Puno-DeLeon via e-mail that you wished to waive your right to the Disciplinary Review PaneL You and i met on March 21, 201i to review the incident, 1 met with-on March I l, 2011 to review the incident with her, My finding is inconclusive as I was unable to detenriine with any reasonable certainty that the alleged violation did or did not occur. I hereby determine that you Will not be held responsible for the allegations against you. Howeven a rECord ofthis finding will remain on file with the university and will be cunsideied should any future allegations ofa similar nature be filed against you. Furthermore, you were relocated to the 20'" St. Residence and banned from nii other residences pending the outcome ofthis review Out of respect for the sensitive nature of the allegations and the information shared, I am requesting that you remain at the 20"" Street Residence and do not enter any oftlie other residences for the remainder ofrhe semester. Pursuant to Section of the Family Educational Righ/s and PI My Ad, -will be informed in writing of my finding, Do not attempt to contact--directly or rectly either in person. by phone, or in writing to discuss this incident. Any attempt to do so will constitute a separate violation ofthe Sexual Assault Policy and Pr'flL'edltl'ES. Should you have any questions I can be reached at 212.229.5900 3656. Sincerely, ls/ Elam Thomas J. McDonald Assistant Vice President Student and Campus Li iis cc: Sexual Assault Policy Statement of Purpose The New School is committed to creating and sustaining a university environment in which students, faculty, and staff can study and work in an atmosphere that is open, healthy, safe, and unhampered by discrimination. Consistent with this commitment and in keeping with federal and state law requirements, it is the policy of the university that sexual assault and sexual exploitation will not be tolerated. Non-consensual sexual conduct and other forms of sexual violence can be traumatizing and detrimental to a person's learning experience and total health and has no place in our community. The New School will take any and all action needed to prevent, correct, and discipline behavior that violates this standard of conduct. Due diligence will be used to ensure the disciplinary review and any appropriate action be taken in as expeditious manner as possible. The university will make every effort to provide assistance and support to the victim of sexual assault in a thorough, consistent, and sensitive manner. Sexual Assault is a serious problem on college campuses throughout the country. To counteract this problem, the university provides educational and preventive programs, resources for individuals dealing with sexual assault, and accessible methods of complaint resolution. Definition of Sexual Assault The university defines sexual assault as follows: . Non?consensual Sexual Intercourse or Sexual Contact which includes any non-consensual oral, anal, penal, vaginal penetration, with any object, by an individual or group upon an individual or group, without consent. It also includes any intentional sexual touching [intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/ by breasts, buttocks, groin, genitals, mouth or other orifice), with any object, by an individual or group upon an individual or group, without consent. 0 Sexual Exploitation which includes when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual assault offenses. Examples of sexual exploitation include, but are not limited to: Prostituting another student; Non-consensual video or audio-taping or photographing of sexual activity; Unauthorized posting or distribution. of materials involving the sexual activity of another person(s); Going beyond the boundaries of consent (such as voyeurism or secretly watching others); Tampering with birth control or condoms,- Knowingly transmitting a sexually transmitted infection or HIV to another student. This definition includes conduct that may be considered criminal under the New York State Penal Code. New York'State Law contains the following legal provisions defining the crimes related to sexual assault which can be viewed at the following site: Definition of Consent The presence of consent involves explicit communications and mutual approval for the act in which the parties are/were involved. A sexual encounter is considered consensual when individuals willingly and knowingly engage in sexual activity. Consent can be revoked at any time for any reason. Consent is active, not passive: lack of resistance, physical or verbal, does not imply consent, nor does silence, in and of itself, imply consent. It must be given for every act and for every time that the act occurs, regardless of history, past behaviors, or reputation. In order to give effective consent in New York State, one must be of legal age (17). Consent cannot be procured by use of pressure, manipulation, compelling threats, intimidating behavior, substances and/or force, nor can it be given if an individual is mentally or physically incapacitated by alcohol or other drug use, unconsciousness, mental disability, asleep, and/or involuntary physical restraint. Intoxication does not excuse behavior that violates this policy. Reporting Procedures Students are encouraged to speak to staff at the university to file a report of sexual assault. Students have the right and can expect to have incidents of sexual assault taken seriously by the university when reported, and to have those incidents investigated and properly resolved through administrative procedures. To file a report, a New School employee, whether staff or faculty, should report the sexual assault to the Senior Vice President for Human Resources or to the Office of the General Counsel. A student should file a report of sexual assault to any of these university offices: 0 Student Support and Crisis Management 79 Fifth Avenue, 5"1 Floor 212.229.5900 ext. 3189 or x3710 - Student Rights and Responsibilities1 79 Fifth Avenue, 5th Floor 212.229.5349 0 Campus Security 55 West 13th Street, Mezzanine Level 212.229.7001 (24 hours) Once a report is filed the university official receiving the report or another appropriate official will provide the following information: 0 Clear explanation of the university investigative and hearing procedures 0 Where to access medical care 0 Information about legal options 0 Where to access support services on and off campus There may be circumstances in which the university must take immediate action to protect the university community, prior to a formal hearing. Actions such as interim suspension and/or removal from housing may be deemed necessary by a senior university official. After reporting sexual assault a student may request the following: 0 Change of on-campus housing assignment or exploration of alternative housing 0 Transfer to a different class sections when available, without academic penalty 1 The Assistant Vice President for Student Campus Life is the University?s Title IX Coordinator. 0 Determine feasibility of incompletes or leave of absence After filing a report if a student expresses reluctance or unwillingness in proceeding, the university, in accordance with the belief that a victim of sexual assault should be given this right, may comply with this request after appropriate investigation, as long as doing so maintains the health and safety of the university community. Removing Barriers to Reporting The university encourages the reporting of code of conduct violations and crimes. Sometimes, victims are hesitant to report to university officials because they fear that they themselves may be accused of policy violations, such as underage drinking, at the time of the incident. To encourage reporting, the university pursues a policy of offering victims of sexual assault limited immunity from policy violations related to the incident, this also extends to students who offer help and assistance to others in need. While violations cannot be completely overlooked, the university will provide educational options utilizing university support resources) rather than punishment, in such cases. Confidentiality When a report is filed, every effort will be made to protect a student?s privacy, and sharing of information will be on a need?to?know basis only. if a student seeks to make a confidential disclosure, this can be made to a medical 0r mental health professional, as protected by law, either on campus at Student Health Services or off campus (see resource section at end of this policy). Investigative and Hearing Procedures For the purposes of this Policy, the student making the complaint of sexual assault will be referred to as ?the accuser" and the student alleged to have committed the assault will be referred to as ?the accused.? Complaints will be investigated and processed expeditiously. Complaints of sexual assault will be reviewed under the Non?Academic Disciplinary Procedures (hotlink to form} and handled as a Level II Review. Under Section ?1.33 of the Non?Academic Disciplinary Procedures, if the accused accepts responsibility for the alleged violations, the accused may waive the disciplinary review by the Disciplinary Review Panel. The Senior Vice President for Student Services or his/her designee will then determine sanctions, if applicable. If the accused does not accept responsibility or accepts responsibility but does not waive his/her right to a disciplinary review by the Disciplinary Review Panel, the Assistant Vice President for Student and Campus Life will convene the panel. Panelists are selected by recommendation by the Faculty Senate, the University Student Senate, the Provost, and the Senior Vice President for Student Services. Members of the panel will be trained prior to panel hearings on sexual assault, its impact, and other informatiOn appropriate to this type of panel hearing. The Assistant Vice President for Student and Campus Life facilitates the hearing but does not weigh in on determining responsibility or sanctions. The Hearing if the matter is referred to a Panel for its review, the Panel shall set to begin as soon as possible after the accused has received notice of the complaint. The accuser and the accused will have the option to appear before the panel separately. The accuser and the accused may choose not to appear before the panel and may submit a written statement to be read to the panel. At the review, the Panel hears statements from both parties, asks questions, and then makes a decision based upon whether there is a preponderance of evidence that the sexual assault occurred. Preponderance of evidence means that it is more likely than not that the facts the accuser seeks to prove are true. The Panel?s recommendation will then be sent to the Senior Vice President for Student Services who will review the recommendation of the Panel, and decide on a sanction, if appropriate. The accuser and accused party are each entitled to have a support person present during a panel hearing (an ally, friend, family member). A lawyer can be considered a support person and attend, but cannot ask questions or direct the hearing process. Past sexual history or sexual character of a party will not be admissible by the other party in hearings unless such information is determined to be highly relevant. All such information will be presumed irrelevant. While previous conduct violations by the accused student are generally not admissible as information about the present alleged violation, the Assistant Vice President for Student and Campus Life may supply previous complaint information to the hearing panel, or may consider it him/herself if s/he is hearing the complaint. Sanctions Statement The university conduct process is founded on educational ideals that reflect the university?s mission. As much as possible, the university is committed to educating students to be aware of policy, to respect others, and to be accountable for their actions. The Hearing Panel attempts to look at each situation independently and consider all variables in recommending a fair and reasonable sanction in a timely manner. 0 Any student found responsible for violation of The Policy on Sexual Assault will receive a sanction ranging from warning to expulsion; depending on the severity of the incident, and taking into account any previous campus conduct code violations. The outcome of a hearing panel is part of the educational record of the accused student, and is protected from release under the federal law, Family Educational Rights and Privacy Act (FERPA). However, the university observes the legal exceptions as follows: 0 The accuser has an absolute right to be informed of the outcome and sanctions of the hearing, in writing, without condition or limitation. . The university may release publicly the name, nature of the violation and the sanction for any student who is found in violation of a university policy that is a ?crime of violence,? including but not limited to sex offenses and assault. The university will release this information to the accuser in these offenses regardless of outcome. The accuser and the accused have the right to appeal the decision of the hearing panel. This appeal must be received in writing within ten (10) working days of the hearing outcome. The appeal will be reviewed by the Senior Vice President for Student Services in consultation with the Provost and the dean/director of the program for which the accused is enrolled. That decision will be final. In making this determination two things should be considered as grounds for an appeal: clear and specific demonstration of being denied a fair review, and (ii) flagrant discrepancy between the infraction and the imposed sanctions. Federal Law on Sexual Assault The Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act (Ciery Act) is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. 9 institutions must publish an annual'report disclosing campus security policies and three years worth of selected crime statistics . Institutions must make timely warnings to the campus community about crimes that pose an ongoing threat to students and employees 0 Each institution with a police or security department must have a public crime log 0 The United States Department of Education centrally collects and disseminates the crime statistics 0 Campus community sexual assault victims are assured of certain basic rights. 0 Institutions must notify victims of their option to report their assault to the proper law enforcement authorities Students, faculty and staff who have questions or concerns regarding this policy or the application of this policy may contact the following university offices: 0 Student Rights and Responsibilities Address: 79 Fifth Avenue, 5th Floor Phone: 212.229.5349 0 The Office of the General Counsel 80 Fifth Avenue, Floor Phone: 212.229.5432 Options for the Survivor of Sexual Assault The university strongly encourages students who believe that they have been sexually assaulted to report these incidents, and to be aware of the following options regarding medical, legal and care. The importance of Medical Care The survivor of sexual assault has the option of going to a hospital Emergency Room for medical care. This is especially important if the survivor presents within 96 hours of the assault. To preserve the evidence, it is best not to shower, wash, douche, eat or drink, if possible. Carry evidence in a clean paper bag. If the survivor presents post 96 hours of the assault, it is still recommended that they receive medical ca re, but they will not have available all the options discussed below.- The survivor has the right to refuse all or any parts of the treatment/evidence collection. The medical care following a sexual assault includes: 0 a physical exam to examine any internal or external injuries - evidence collection (if presenting within 96 hours of the assault) 0 preventive treatment for Sexually Transmitted infections 0 preventive treatment for HIV (if presenting within 36 hours) 0 emergency contraception (if presenting within 72 hours) 0 medical follow-up referrals and information It is recommended that you refer the survivor to one of the hospitals listed below. These hospitals have Rape Crisis Programs and have trained Advocates available 24 hours. The Advocates will provide emotional support and information and help with the police reporting process. 0 Beth Israel Hospital Emergency Department 16th Street (between and 2nd Avenues) - phone: 212.420.2840 0 St. Luke's/Roosevelt Hospital Emergency Department 1000 Tenth Avenue (at 59th Street) phone: 212.523.6800 Please note: Going to a hospital emergency room does not mean that the survivor has to report the crime to the police. The survivor can go to the emergency room and get medical attention/evidence collection and then take some time to think about reporting the crime to the police. The hospital emergency room is required to store the evidence for 30 days. If the student refuses medical care from a hospital ER, it is still encouraged that s/he seeks medical attention. You can refer the student to their private medical provider or our Medical Services, where s/he might feel more comfortable. Just note that the student will not have available all the options stated above, especially evidence collection. To learn more about the evidence collection procedure, please visit: ppendix_q.pdf Legal Options In addition to the university?s student disciplinary process and those disciplinary procedures applicable to faculty and staff, the survivor has the right to pursue criminal prosecution and/or civil litigation. S/he can go to the precinct corresponding to the area where the crime occurred or call the New York Police Department Special Victims Report Line at 646.610.7273. The hotline provides the option of getting some information without having to disclose their name. With that information the survivor can then decide whether to go forward with the reporting process. The survivor should never be pressured to file a report. It is her/his decision to report unless: - There is suspicion or evidence of child abuse when a report to Administration for Children?s Services 800.635.1522 is mandated; - There is an injury by a deadly weapon, when medical staff only is mandated to report the crime to the police. Reporting a sexual assault to the police does not obligate the survivor to file criminal charges or pursue other legal action. in the case of sexual assault, however, prompt reporting and a comprehensive medical examination completed at a hospital emergency department within 96 hours of the assaultwill aid the legal process. The Office of Student Support and Crisis Management working with Campus Security are available to provide support and advocacy with local police. The university is committed to providing full and prompt cooperation and assistance in notifying the proper law enforcement personnel if the survivor so chooses. Concerns Survivors of sexual assault can experience a wide range of emotional reactions, and the decision to report the assault and seek help is a very personal and complex one. It is encouraged that survivors seek support as soon as they are ready. As reactions can vary and may include shock, denial, anxiety, guilt, anger, and self-blame, as well as nightmares, changes in sleeping and eating patterns, flashbacks, and depression, the survivor may want to seek professional assistance either on campus at Counseling Services at 80 Fifth Avenue, 3rd Floor, or off campus at one of the local Rape Crisis Centers. Resources for Survivors, Allies and Advocates The New School Campus Security - 212.229.7001 (24 hours) Student Counseling Services - 212.229.1671, option 1 Student Medical Services - 212.229.1671, option 2 After Hours Nurse Advice Line - 212.229.1671, option 1 (when counseling and medical services are closed) Student Support and Crisis Management - 212.229.5900 x3189 or x3710 Student Rights Responsibilities - 212.229.5900 x3656 Assistant Vice President for Student Campus Life - 212.229.5900 x3659 Student Ombudsperson - 212.229.8996 x3619 Office of Human Resources - 212.229.5671 New York City Police and for Emergency - Dial 911 (24 hours) NYPD Special Victims Liaison Unit Report Line - 646.610.7273 (24 hours) District Attorney's Offices Manhattan District Attorney?s Office - 212.335.9373 Brooklyn District Attorney?s Office - 718.250.3170 Bronx District Attorney?s Office - 718.590.2323 Queens District Attorney?s Office - 718.286.6505 Staten Island District Attorney?s Office - 718.876.6300 Hotlines 24 Hours Safe Horizon: Rape and Sexual Assault Hotline 212.227.3000 Safe Horizon: New York City Domestic Violence Hotline - 800.621.4673 NYC Gay and Lesbian Anti-Violence Project - 212.714.1141 Suicide Prevention (LifeNet) - 800.543.3638 New York Asian Women?s Center - 212.732.5230 Sexual Assault Advocacy and Counseling Services St. Luke?s?Roosevelt Crime Victims Treatment Center 411 West 114th Street 212.523.4728 Beth Israel Rape Crisis Intervention Program 317 East 17th Street 212.420.4054 Women?s Rights at Work - 888.979.7765 New York City Alliance Against Sexual Assault 212.523.4344 New York State Victim Information and Notification Everyday 888.VINE.4NY New York State Crime Victim?s Board - 718.923.4325 Domestic Violence St. Luke?s-Roosevelt Crime Victims Treatment Center 411 West 114th Street 212.523.4728 The New York City Gay Lesbian Anti-Vidlence Project (AVP) 240 West 35th Street, suite 200 212.714.1184 Resources The Lesbian, Gay, Bisexual, and Tra nsgender Community Center 208 West 13th Street 212.620.7310 Testing Hispanic AIDS Forum at The New School, Student Health Services 135 East 12th Street, 2nd floor 212.229.1671 Hours: Mondays, 4:30-6:30 PM (except university holidays) New York City Department of Health 800.TALK.HIV or 212.447.8200 (call for information: multiple testing sites) Local Pharmacies (the following accept coverage under the university sponsored Student Health Insurance plan} Duane Reade 24 East 14th Street. (Between Fifth Avenue and University Place) 212.989.3632 Duane Reade (Open 24 hrs.) 378 Sixth Avenue (at Waverly Place} 212.674.5357 K-Mart Astor Place and Fourth Avenue 212.253.9661 Student Services - Rights and Responsibilities 2: Sexual I-Iarassment-Assault Page 1 017 New lath-m. Student Put-wit in. ?riidetil Pier-11115:; Rigid?) and lie-Auri- l-larw. :mm-r luau-"Ii. Sexual Harassment-Assault The New School is committed to Cleillilt?lq and sustaining a universny environment in which students, faculty and staff (can study and work In an open atmosphere by discrimination. This is explicitly stated in all descriptions of university programs and in all the official catalogs of the (illusions of the The university's statement on nondiscrimination IS ?The New Schoo? as well as its lndividual dwisions. is committed to a policy of equal opportunity in all its edilcatlonal actiwties. privrlegcs. programs. adml?i-?iions poliCIi-s scholarship and harm programs and It does not discriminate (in the bums of race (ulnr. national or ethnic origin, status. i?ellgion. rellgious piactICes, gender, sexual orientation age, mental or physu?al disability. veteran or marital status As a necessary part of its to create and sustain an enwruimwm free of any kind of diacriminatwm The. New School commits itself to prohibit. nexual harassment and to confront and deal With it when it occurs Sexual harassment IS defined this policy and procedures haw been established for rcspondmg to concerns, allegations and questions about sexual harassment brought by any inembcti~ of the urilvci?sity community The university's goal is to create a community free of sexual harassment To do so requires good Judgment awareness and intelligence. To siiataln tliir. kirir.i of community alco requires directness and clarity since many members of the community may not immediately i'et'oqnize of sexual harassment and the consequences ol such conduct on individuals and the community in order to achieve. the goal of .l i?mnmunity free of ?iexual harassment standards of behavior and procedures for dealing with breaches of those standard?. must be established and implemented Within the context of academic freedom Educatinn of the community on thl?; issue will also be necessary The universuy seeks to sustain a hiqh standard of behavmr and to correct breaches of That standard, regardless of whether the offending behavmr would meet L?xternal legal standards of the term sexual harassment Our goal is to deal directly and clearly wath complex issue A5 in the. case of any disciplinary fornia! procedures may be invoked when complaints cannot be resolved informally To expand so Contract i" 3 Definition of Sexual Harassment Sexual Assault Policv Adopted April 25. 2.006 Introduction ?lhe new School is committed to creating and sill-staining a universaty enwrenment ll?l whirl-i students, faculty, and Staff can study and work in an atmosphere that is open, healthy, sale, and unhaii?ipered by discrimination. Cuneistenr Wltl?l this and in keeping Federal and etaie law requuemenls, it is the. policy of the univerSIty that sexual assauli~ and sexual abuse will not be tolerated. Non- consensual sexual conduct and Violence can be traumatizing and detnmentol to a person's learning experience and total health and has no place in our community. The New School take any and all action needed to prevent, and if necessary, discipline behawor that Violates this standard of conduct. The university will make every eFfO't to prowde assistance and support to the of a sexual assault in a thorough, consistent, and ser?lliitive manner? Definition Of Sexual Assault The. term sexual assault, as.? used by The New School in the; policy. encompasses venous forms of nonconsensual and merced sexual artiwly involvmg forcible touching. ll: also incorporates the legal definitions of a series of offenses of sexual assault contained in New York State law. These include acts of rape. and of attempted rape (stranger and acquaintance), and non-consensual and coerced sexual artiVity where the Victim is overcome by force or fear resulting from the threat force, or by drugs administered Without consent, or in any other situation where the Vlt?till?l ir- incapahle of givmg consent. Sexual asnault if: runnidered a serious violation of university ?101in and is a crime in New York State. University Report?ng Procedures Sexual assault IS a sea-lens violation of university thus the univemty encourages the reporting of sexual assault; to the appropriate univermty officials as reporting is the only way the university ran take action against the amused assailant. We have, two sets of reporting procedures regarding romplamts of sexuai assault which take place in faculties, including dormitories, classrooms, offices and dumtoriei: If the alleged assault occurred more than a week (5 days) before the report alleging an assault by a member of The New School com munity, victims who are students should report sexual assault to the Office of Student Support and Crisis Management or to the Office of Vice President for Student Affairs. Victims who are employees of The New School, faculty or administrators, should report the sexual assault to the Vice President for Human Resources or to the Office of the General Caunsel. Victims and persons receiving reports of sexual assault are reminded of the importance of preserving evidence that may be necessary to the proof of criminal sexual assault or for use in university discipllnary proceedings. If the alleged assault has occurred in less than four days or less, Victims who are students should report the 3553"? t0 the same offices as above, and/or to University Security who will contact those of?ces and assist in the procedures. There may be circumstances depending on the imminence and seriousness of the offense, in which the university must take action to protect the victim or other members of the university community. Victims who report the assault to the university will be fully informed in a timely manner or all their rights and options, including the necessary steps and potential consequences of each option. The 6604 6/ 1/201 1 Student Services - Rights and ReSponsi-bilities Sexual Harassment-Assault Page 2 of 7 best way for a victim to retain control over actions is to report the assault in the first instance to a confidential counselor or medical professional, at Student Health Services, where no action will be taken without the victim's consent, unless required bylaw. University Disciplinary Procedures As complaints of sexual assault are sea-ibus Violations of univerSity policy, such complaints: against members of the can result in severe disciplinary actions by the University. Complaints against a student member of the university community will be and adjudicated using the Non-Academic Disoplinary Procedures outlined in the UniverSity Student Code of Conduct. The procedures a victim may follow to pursue university action against a faculty or staff member depend on the employment status of the accused. The Vice l-"resident for Human Resources in consriltation with the Office of the General Counsel can adwse a Victim on which procedures would bi) applicable in a given case. The commits itself to prowling judicial and disciplinary processes that are sensitive, supportive, expedient, and respectful of the individual rights of all involved. Both the Victim and the accused haw.- the right to be accompanied by a Support person through every phase of the process. Student Victims may Choose to change student housing and academic arrangements, If Such changes are reasonably available, Without academic penalty. Possible sanctions for students resulting from the. universiity's disc?iplin'ciry process range from formal i'eprinidiids and community service to suspension and expulsion. 905$le sanctions for faculty and stall range from reprimands to termination of employment. Both the and the. aCCused shall be informed (ll: the 0! the campus disciplinary Information For Individuals Accused Of Sexual Assault Any individual accused of sexual assault Will be notified if a complaint is filed Once the accused receives notice of the complaint, it is recommended that hie/she carefully revrew the Sexual Assault Pol:cy and contact the appropriate office Student Rights and Or the Human Rescurces Department) With any questions lie/she may have. The accused may rospond in writing to the allegations that have been made against himfher. However, lie/she will still be rationed to appear in person at any rewew hearing on the complaint. The aLCLised s?n0uld bear in mind that there are confidentiality mandates in the disciplinary procedure that must be abidetl by frOm the moment lie/she becomes aware of the complaint. Breaches of the confidentiality of the proceedings, or retaliation against any person brinosng a complaint, will constitute separate Violations of the Sexual Assault ?olii:y. The arcused has the right to be protected against the. filing of malicious complaints. Individuals who like malicious complaints will be submit in discrpi?nary action by the univerSIty. Statistical Reporting Requirement The university will prowde statistics of reported sexual assaults as requued and defined by tiie Campus Security Act. All personally identifying information will be removed from statistical reports. Educational Programming And Training For The University Community Educational programs and printed ei'lucui?ional materials specifically addressmg issues of sexual assault/sexual abuse, including acquaintance and date rape, be made available to university students, faculty, and staff throughout the calendar year. Information on Sexual Assault contains information which the UniverSity must distribute to the student population regarding sexual assault requrrerl by state and federal law. Se>tua assault abuse training, educational programming, and/or printed material Will stress the in'iportance of reporting incidents of soxaal assault regardless of whether or not the victim intends to pursue criminal. civilr or institutional disciplinary action.1 Only when the victim reports an intident involvmg an allegation of seXUdl assault Will university personnel be able to put the Victim in contact with trained personnel who are able to provide support and information which may be vital to Subsequent criminal or institutional action. 1 As is the case for institutional i'liscipi'mary actions, if e?ilUlf-Z?! the Victim the accused elects to pursue a normal or crw! action as the result of an alleged sexual assault, the can only provide support in the form of in?irmation, guidance and advice but cannot promote any financial assistance to either the Victim or the accused. ?l Important Information On Sexual Assault Federal Law On Sexual Assault The United States Congress enacted the Campus Sexual Assault Victims? Bill of Rights in 1992 as a part of the Higher (Education Amendments of 199? {Public Law: 102-325, Section 486(0). The bill wr?is signed into law in July of 1992. The Campus Sexual Assault Victims' Bili of Rights eXists as a part of the campus seCurity reporting requ-remerits of the federal law that establishes all student aid programs. the Higher Education Act of 1965. This law reqUires that all colleges and universities (both public and private) particmatinn in tederal student aid programs afford sexual assault victims certain basic rights. it aiso the school to notify Victims of their option to report their assault to the proper law erifurcei'neiit authorities. Tne legislation was developed to combat the VB'UiCtlledtlill} of rap-3 surviwrs at college campuses across the country. .ed u/studentservicos/ri gins/subpageaspx ?id=3 6604 6f1/201 1 Student Services - Rights and Responsibilities 2: Sexual Harassment-Assault Page 3 of 7 New York State Law On Sexual assault NYS iaw contains the iollowing legal defining the crimes related to sexual assault: Section 130.?0 - Sexual Misconduct. This offense includes sexual Intercourse Without. consent and dewate sexual intercourse without consent. The penalty for Violation of this section includes Imprisonment for definite period to be fixed by the court up to one year. Section 1302412303r Rape. This series of offenses includes sexual intercourse with a pet's-3n incapable of consent because of the use of forcible compulsion or because the person IS incapable of consent due to a mental defect, mental incapaCity. or physical helplessness. This series of ollenses further includes sexual intercourse with a person under the age of consent. The penalties for Violation of these soctacns range from imprisiinment [Or a period not to armed four years up to imprisonment for a parked not to exceed 25 years. Section 130.40r.4?j.50 Criminal Sexual Act. This series of offenses includes oral or anal sexual conduct With a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacny, or phySIcai helplessness. This series of ollenses Further includes oral or anal sexual conduct With a person under the age of consent. The penalties for violation of these sections range from imprisonment for i;l period not to exceed four years up to imprisonment for a period not to exceed 2.5 years. Section 130.52 Farcible Touching. This oflorise involves the forcible touching oi the sexual or other intimate parts of another person For the purpose of degrading or abusmg such person; or far the purpose gratifying the actor's sexual desno. Fumble taucliing includes the squeezing, grabbing, or pinching of such other person's sexual or other intimate parts. The penalty for Violath?.) of this section includes imprisonment for a period of up to one year in Jail. Section 130.55/.60/.65 - Sexual Abuse. This series of offenses includes sexual contact with a person by forcible conipulswn, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the one of consent. The penalties for violation of these sections range from imprISonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years. Section - Aggravated Sexual Abuse. This series of offenses occurs when a person inserts a finger or foreign object in the vagma, urethra, penis, or rectum of another person by forcible compulsmn, when the other person is incapable of corisent by reason of being phySically helpless, or when the other person is under the. age of consent. The level of this offense is enhanced if the inserton of a finger or foreign ob3ect causes IITJUTY to the other person. The penalties for ViOl'dl?lDl?l of those sections range from Imprisonment for a period not to exceed seven years up to imprisonment for r11 period not to exceed 25 years. The Victim's Rights, Needs, And Options After Sexual Assault Occurs Victim?s Rights Victims of sexual assault may encounter a hammering number of choices. related to medical servmos, tonal assistance, counseling and other support seryices. The emotional reactions that may follow a sexual assault often make the making process even more complicated. The Sexual Assault Victim's Bill of Rights is as follows: You have the right to seek and receive help. You have the right to be given the same credibility as any Other crime victim. You have the right to courteous, efficient treatment. You have the right to be treated with and respect. without prejudice against race, class, lifestyle, age, gender, religion, sexual oriEntation, or occupation. You have the right to aCCUrate information, presented in a way that you understand. You have the right to ask questions. You have the right to make your own decisions. You have the right to change your mind. You have the right to get help and support from others. You have the right to heal. You have the right to be informed of the outcome of any disciplinary proceeding. Y0u have the right to be informed of your options to notify law enforcement. You have the right to be notified of counseling services. You have the right be notified of options for changing academic and living Situations. Victim's Medical Needs Vsctims of sexual assault or attempted sexual assault should receive a comprehensive medical examination as Soon as possmle after the inCident occurs. This is important for two reasons. One IS to prowde an immediate opportunity to treat medical conditions that may arise as a result of the sexual assault. A Victim of sexual assault may also have that are. not visible. The S?fim?id l5 1'0 help the collection of evidence. http:f/anewschooled ii/ studen tservices/i'i ghts/ 6604 6/1 /201 Student Services - Rights and Responsibilities Sexual Harassment-Assault Page 4 of 7 A victim of sexual assault can go to the hospital for a foren5ic examination up to 96 hours after a sexual assault. This include a collection of evidence. Therefore, when possible, it is best not to shower, wash, douche, eat, or drink. Please note, however, that it may still be possible to collect evidence even if these things have already occmred. It is also important to bring, in a paper bag, the clothes that were worn at the time of the sexual assault. At the hospital emergency department, a Victim can also be given a general medical examination, antibiotics and testing for sexually transmitted infections, emergency contraception, and HIV prophylaxis and testing. After completing a forenSic examination, the victim does not have to immediately file a report With the police. A hospital will store the eVidence collection kit for 30 days, which allows for the Victim to later deCIde if she/he wants to report the assault to the police. Testing for the presence of date rape drugs can he done at a hospital emergency department, up to 96 hours after a sexual assault, when a police report is filed. Financial assistance for any expenses that are inCUrred at the hospital that are not covered by the victim's insurance may be covered by the New York State Crime Victim's Board if the assault occurred in New York State. If the victim does not choose to have a foren5ic examination completed, she/he also has the option to go to the university's Student Health Services, a local health clinic, or their private phySician for a general examination, emergency contraception, and sexual transmitted infection treatment and testing. Victim's Counseling Needs Victims of sexual assault can experience emotional as well as physical consequences. Initial reactions vary and may include shock, denial, anxiety, guilt, anger, and self-blame. A victim may experience nightmares, changes in their eating or sleeping patterns, and depression. Individuals who have been sexually assaulted are strongly encowaged to obtain help from a professional counselor as soon as they are ready after the incident occurs. Off-Campus Legal Options In addition to the univerSity's student diSCiplinary process and those disoplinary procedures applicable to faCulty and staff, the victim has the right to pursue criminal prosecution and/or civil litigation. Reporting a sexual assault to the police does not obligate the victim to file criminal charges or pursue other legal action. In the case of sexual assault, however, prompt reporting and a comprehensive medical examination completed at a hospital emergenCy department within 96 hours of the assault enable the victim to ?le criminal charges at a later date if he or she Wishes to do so. The Office of Student Support and Management working with the local police precincts is available to provide assistance and information on criminal prosecution. The univerSity is committed to prowding full and prompt cooperation and assistance in notifying the proper law enforcement personnel ii the Victim so chooses. The New School and New York City Resources New School Resources Student Counseling Services - 212.229.1671 option 1 Student Medical Services - 212.229.1671 option 2 Student Support and Management 212.229.5900 x3189 or 646.208.4534 (24 hrs) Student Rights ResponSibilities - 212.229.5900 x3656 Assistant Vice PreSident for Student Affairs - 212.229.5900 x3659 or 646.210.6951 (24 hrs) Student Ombuds - 212.229.8996 3619 Office of Human Resciirces - 212.229.5671 UniverSIty Security 212.229.5165 (24 hrs) New York City Resources In addition or as alternatives to the university support servaces, students may seek help from a number of community agencies. The followmg are other helpful numbers: Police emergency 911 (24 hrs) NYPD SpeCial Victims Liaison Unit Report Line - 646.610.7273 (24 hrs) NYC Gay and Lesbian Anti-Violence Project 212.714.1141 (24 hrs) Safe Horizons: Rape and Sexual Assault Hotline - 212.227.3000 (24 hrs) Safe Horizons: NYC Domestic Violence Hotline - 800.621.4673 (24 hrS) New York Asian Women's Center -- 212.732.5230 (24 hrs) Women's Rights at Work - 888.979.7765 NYC Alliance Against Sexual Assault - 212.523.4344 NYS Victim Information and Notification Everyday (888) NYS Crime Victim's Board 718.923.4325 Manhattan DA's Office - 212.335.9373 Brooklyn Office - 718.250.3170 Bronx DA's Office - 718.590.2323 Queens Office - 718.286.6505 Rape Crisis Centers (af?liated with hOSpitals) Manhattan Beth Israel Medical Center 212.420.4516 Bellevue Hospital Center - 212.562.3435 Columbia Presbyterian Medical Center - 212.305.9060 Harlem Hospital - 212.939.4613 (24 hrs) Mt. Sinai Medical Center - 212.423.2140 New York Presbyterian Hospital - 212.305.9060 6604 6/ I /201 I Student Services - Rights and Responsibilities Sexual Harassment-Assault Page 3 01' I St. Luke?s Roosevelt Hospital - 212.523.4728 St. Vincent's Hospital 8+ Medical Center - 212.604.8068 Brooklyn Coney Island Hospital 718.616.4209 or (24 hrs) Long Is!and College Hospital - 718.780.1459 Bronx North Central Bronx Hospital - 718.519.5722 Queens Elmhurst Hospital Center - 718.736.1288 Staten Island St. Vincent?s Medical Center, Staten Island Region - 718.876.3044 Student Code of Conduct Date Modified Am 2. 2008 I. Introduction As an institution of higher learning, the university affirms certain basic principles and values that are. in the fullest and best sense of the word. educational. The university is also a community and in that regard. upholds certain basic prinCiples and standards of behavror that underlie its educational purpose. These include the recognition and preservation of basic human dignity. the freedom of expressron. equal opportunity. and civil discourse, a sustained atmosphere of safety. respect for policies. rules. regulations. and standards set forth by the university, its academic divisions. and the federal, state. and city governments. The Student Code of Conduct is designed to protect and promote these principles and standards of behavior that are in keeping with our educational mission. Formal disciplinary proceedings and penalties have a role subordinate to informal conversation and discussion. constructive advice and counsel, and supportive guidance. The Student Code of Conduct supports an environment where sensitivity. tolerance. and respect are sustained for members of the universny community and its neighbors. All students at the university are expected to abide by the Student Code of Conduct. ll. Conduct violations A. University-wide Violations The following actions are considered violations of the Student Code of Conduct and are subject to sanctions imposed in accordance with the Non- Academic Disciplinary Procedures of the university. 1. GENERAL MISCONDUCT Conduct unbecoming of a student member of the university community. 2. DISORDERLY CONDUCT Disorderly conduct includes. but is not limited to, lewd. indecent or obscene behavior on university owned or controlled property or at university sponsored functions: conduct that is unreasonable in the time. place. or manner in which it occurs; and/or obstruction or disruption of university sponsored activities: or conduct which adversely affects the student's suitability as a member of the university community or which is inconsistent with the mission of the university. 3. HARASSING CONDUCT Verbal or written actions that are abusive to any person. or any other conduct which threatens or endangers the physical. emotional health. or safety of any person on university owned or controlled property or at university sponsored functions. 4. PHYSICAL HARASSMENT Physical harassment. includes but is not limited to inappropriate touching. of any person or similar conduct that threatens or endangers the physical or emotional health. or safety of any person on university owned or controlled property or at university sponsored functions. 5. FRAUD Knowingly furnishing false information to the university administration. faculty. or staff. 6. FORGERY Forgery. alteration or misuse of university documents. records or identification. 7. FALSE ALLEGATIONS Filing and/or sharing of knowingly false information about another member of the community wuth faculty. staff. or other members of the university community. 8. THEFT Possession of or involvement with stealing of property belonging to another member of the university community. 9. DAMAGE TO PROPERTY Damage to property of the university, or that of a member of the university community or campus visitor. while on university property or at university sponsored activities including, but not limited to. walls. classrooms. and residence halls. 10. VANDALISM Intentional damage. destruction. or defacement of property including, but not limited to walls. classrooms, and residence halls. 11. DRUGS Use or possession of narcotics or dangerous drugs or of any illegal or controlled substances. except as expressly permitted by law. on university owned or controlled property or at university sponsored functions. Furthermore. students are prohibited from the oncampus possession of any type of paraphernalia assocvated with the use of drugs scales. bongs, pipes. etc.). 12. DRUGS - DISTRIBUTION Distribution or the manufacture of narcotics or dangerous drugs or of any illegal or controlled substances. except as expressly permitted by law, on university owned or controlled property or at university sponsored functions. Furthermore. students are prohibited from me on-campus possession of any type of paraphernalia associated with the use. distribution. or sale of illegal substances/narcotic drugs scales. bongs. pipes. etc.). 13. ALCOHOL Use. possession. or distribution of alcoholic beverages. except when authorized by the Office of the Assistant Vice President for Student Affairs for a particular function. on university owned or controlled property or at university-sponsored functions is prohibited. Furthermore. the sale. distribution. or procurement of alcoholic beverages for anyone who is under the age of 21; the use of false identification to procure alcohol: and the possession on campus of any type of paraphernalia associated with the consumption of alcohol is expressly prohibited. Alcohol possession and use is prohibited in the Residence Halls by those students under the age of 21 and in dry residences as outlined in the Residence Hall Handbook. This pertains to empty bottles used for decoration. academic projects. or other purposes. 14. PUBLIC INTOXICATION Public disruption due to intoxication or drunkenness from consumption of alcohol. narcotics. or dangerous dmgs. 1 5. HAZING Recklessly subjecting any person to the risk of bodily harm. or severe emotional distress. or causing or encouraging any person to commit an act that would be a violation of law or university regulations, for the purpose of initiating. promoting. fostering. or confirming any form of affiliation with a student group or organization. The express or implied consent of the victim is irrelevant in determining whether or not there has been a violation. 16. UNIVERSITY FACILITIES Unauthorized entry or use of university facilities. 17. RESIRICT AREAS Students are not allowed on the roof. ledges. or fire escapes of any building or residence hall. 18. KEYS Unauthorized possession. duplication or use of keys or key cards to university facilities including residence halls. Givmg of keys and key cards to another individual including other residents and guests. 19. WEAPONS Possession. display. use or distribution of any weapon such as a firearm. knife. etc.. or any item used as a weapon or of such a nature that it Is intended for use as a weapon. except with expressed university authorization. on university owned or controlled property or at university sponsored functions. 20. FIRE SAFETY Tampering with or misuse of fire alarms. fire exits. fire-fighting equipment. smoke/heat detectors. sprinkler systems. and other safety devices on university grounds: causing or creating a fire; and the use of all open ?ame devices such as. but not limited to. sternos. incense. kerosene lamps. and barbecue grills; failure to evacuate a building at the sound or activation of the fire alarm system: and the use of any and all ?reworks. 21. NON-COMPLIANCE Failure to comply with directions of university officials acting in the performance of their duties. 22. UNIVERSITY IDENTIFICATION Misuse or transfer of university identi?cation documents. This includes but is not limited to. the transfer of university identi?cation documents to gain entry to university buildings. and/ or to procure any university services. Failure to obtain and provide an unto-date. official student ID for entry to university buildings. 23. GAMBLING Gambling in any form anywhere on campus. 24. SMOKING Smoking cigarettes, cigars. etc. is prohibited in all university buildings. 25. PETS All pets are prohibited on university property. including residence halls. 26. UNREASONABLE AND EXCESSNE NOISE Creating noise as deemed unreasonable or excessive by university staff on university wood or controlled property. including but not limited to noise that can he heard beyond a student's room or suite. The playing of musmal instruments In areas other than those deemed appropriate by the university for such activities. 27. UNAUTHORIZED POSTING Posting of announcements and other publicity items at the university that are not in accordance with the guidelines set forth by the Office of Student Development and Activities (OSDAI and/or the appropriate department within the school or division. Announcements and publicity items to be posted on Residence Hall bulletin boards must be submitted to the Residence Hali Director for apprOval prior to posting. Approved items may only be posted in designated locations. 28. UNAUTHORIZED AND BUSINESSES Soliciting or canvassing on university owned or controlled property without prior apprOval. Authorization for canvassing in the Residence Hall is given only to recognized university groups or organizations. Solicitation is not permitted in the Residence Hall without the advanced written permission of the Office of Student Housing and Residence Life. if a solicitor disturbs a resident, a member of the residence lite staff must be contacted immediately. Students are not allowed to conduct businesses on campus or in the residence halls. Businesses, as defined by the Student Code of Conduct, pertain to any service provided in exchange for cash, servrces. or any other form of benefits. 29. SAFETY OF OTHERS No person shall create conditions that endanger or threaten others or their property, or create a health hazard or nuisance. B. Residence Hall Specific Violations All violations iisted in Section A. apply to students residing in residence halls as well as their guests. The following additional actions are aiso considered violations of the Student Code of Conduct and are subject to sanctions imposed in accordance with the Non-Academic DiSciplinary Procedures of the university. Definitions: As used in this document, the term "Residence Hall" means any building, room, facility, or premises owned and/or operated by the university for use as a dormitory, whether by lease or by contract, to students enrolled at the university. "Resident" means any student, whether undergraduate or graduate, occupying a space in a Residence Hall. 1. FAILURE TO COMPLY WITH HOUSING CONTRACT REGULATIONS Failure to comply with regulations set forth in the Residence Hall Handbook, the Housing Contract. and as set forth by the Of?ce of Student Housing and Residence Life. Failure to comply with official requests from university staff. including but not limited to housing and security staff. in the performance of their duties. 2. GARBAGE AND OTHER HEALTH HAZARDS Failure to keep rooms and shared common areas reasonably neat and orderly as determined by university staff. Failure to keep such areas free of excessive trash and floor space tree from debris and other hazards. The creation of an environment that presents a health and safety risk to other members of the community and/or that endangers or threatens others ortheir property, or creates a health hazard or nuisance. 3. GUEST POLICY VIOLATIONS Failure to abide by the University Student Housing Guest Policy as set forth In the Residence Hall Handbook. 4. SAFETY PRECAUTIONS a. Windows No person may place objects on the outside. or inside of windowsills. No objects of any kind are to be thrown from or at the windows. Removal of screens. window locks, or window guards, is prohibited. h. Prohibited items The following are NOT permitted in the Residence Hall: cooking appliances with exposed elements {open coil); hot plates: candles of any kind; incense and incense burning devices: use of roller blades/skates. skateboards. or bicycles in the hallway or on any university property; mopeds or live trees of any kind; changes to eiectrical wiring. heating. or alarm systems; and other items as deemed not appropriate by university staff. c. Cooking In accordance with New York State Health Codes, students may not cook in their bedrooms. In certain Ressdence Halls, kitchenettes are provided for this purpose. Where provided. cooking equipment must be properly maintained and cleaned. c. Academic Dishonesty 1. DEFINITION Academic Dishonesty is any act. which allows a student to gain an unfair advantage over other students. This includes, but is not limited to- copying. plagiarism, collaboration, alteration of records. use of restricted aids. unauthorized use or proprietary materiel. bribery. and lying. 2. DIVISIONAL RESPONSIBILITY FOR DISHONESTY a. The academic division in which the student is enrolled has primary responsibility for the adjudication of all infractions involving Academic Dishonesty. b. it is the responsibility of the student to become familiar with the Academic Dishonesty policy in effect in the division in which the student is enrolled. 0. Rights and Expectation of The New School 1. The university reserves the right to enter rooms at any time without a search warrant for the purpose of maintaining safety and security standards, to enforce health regulations. to follow through with disciplinary action. to maintain the orderly operation of the Residence Halls. and to reSpOnd to emergency situations. 2. The university reserves the right to require students to change rooms or Residence Halls. without notice. when necessary. 3. The university reserves the right to notify parents of a student?s violation of the Student Code of Conduct. 4. The university reserves the right to hold students ?nancially responsible for all losses and damages to university property. 5. The university expects each student to be responsible for securing his/her personal property. The university will not be responsible for the loss. theft, or damage to personal effects of students and their guestls). Residents are strongly advised to obtain the appropriate homeowner or renter insurance coverage on valuables. 6. The university expects students to comply with any instruction from a clearly identifiable university official, performing his or her duties in the enforcement of application of university policy. Students are expected to show their university identi?cation card upon request to any Residence Hall staff person and other appropriate university official. performing his/her duties in the enforcement or application of university policy. 7. The university reserves the right to amend the Student Code of Conduct and the Non-Academic Disciplinary Procedures at any time. Non?Academic Disciplinary Procedures Adopted April 26, 2005 I. General Provisions A. Purpose The university NonAcademic Disciplinary Procedures are designed to facilitate fact-finding and to review incidents involving violations of the University Student Code of Conduct. it is not intended to create an adversarial court?like proceeding. 8. Disciplinary Authority 1. Disciplinary authority is vested in the Senior Vice President for Student Services as the designee of the President of the university. 2. The NoriAcademic Disciplinary Procedures are administered by the Office of Student Rights and Responsibilities. The Office's responsibility is to ensure the fair and dutiful administration of the disciplinary process in the review of incidents involving violations of the Student Code of Conduct. 0. Violation of Law/Off Campus Conduct 1. Students of the university are subject to local. state. and federal laws. As a general rule. the university will not institute disciplinary procedures when a student of the university has been charged, off-campus. with a violation of a local. state. or federal law. The university. however. reserves the right to invoke its disciplinary procedures. 2. Students are subject to reasonable disciplinary action deemed appropriate, including suspenswn and expulsion. for breach of federal. state. or local laws or university rules or regulations off campus when such conduct is likely to have an adverse effect on the university. on the educational process. or affects the student's suitability as a member of the academic community. II. University Sanctions The university is committed to providing an environment where sensitivity. tolerance. and respect are sustained for members of the university comm- unity and its neighbors. Imposed sanctions are intended to facilitate these goals. While they may initially be perceived as authoritative or punitive. their purpose is to promote an environment in which good citizenship can ?ourish among and between students and other members of the university community. A. General Provisions 1. The sanctions listed below are recognized by the university in holding students accountable for violations of the Student Code of Conduct. It is understood that previous violations may be considered in determining sanctions. 2. Students are held responsible for the actions of their guests while on campus. Sanctions may be issued to the host when a guest is not a student of the university. 3. Students are strongly advised and encouraged to consult with the Student Ombuds for a neutral and confidential appraisal of their rights and responsibilities under the Student Code of Conduct and the NorrAcademic Disciplinary Procedures. 4. Failure to comply with imposed sanctions subjects the student to further disciplinary action. B. Immediate Suspension Authority 1. EMERGENCY SUSPENSION The President of the university. or an university of?cer authorized by the President. may impose upon a student an immediate emergency suspension when. in the judgment of the President. such action appears necessary for reasons relating to a student's physical or emotional safety and well-being. for reasons relating to the safety and well-being of members of the university community. or to prevent damage or theft of university property. 2. INTERIM SUSPENSION The President of the university. or an university officer authorized by the President. may impose upon a student an immediate interim suspensmn when. in the judgment of the President. such action appears necessary to deal with a continuing disturbance by a student(s) or. interference by a student(s) with any university activity or with the free movement of any member of the university community. 3. SCOPE OF SUSPENSION Emergency or interim suspension may be an academic suspension. in which case the student has no right to attend classes. to take exams. or to receive grades. Suspension may also apply to other student privileges including residing in university Residence Halls. attendance at and participation in univerSity lunctions. admission to university premises. or any combination of the above. unless the student's presence or participation is explicitly authorized by the President or the President?s designee. Suspension does not constitute termination of the student's matriculation in the university. 4. DURATION OF SUSPENSION Interim or emergency suspension may remain in effect until the Disciplinary Review Panel has taken action with regard to the student. However, the suspension may be lifted earlier by action of the President or the President?s designee. 5. EXPEDITED HEARING A student suspended under the interim or emergency authority may request an expedited hearing before the Disciplinary Review Panel. The panel shall schedule a hearing within fortyeight (48) hours of the request or as soon thereafter as possible. 0. Sanctions 1. ORAL WARNING Verbal notification to the student that repetition of the wrongful conduct may be cause f0r more severe sanctions, and a clear instruction to desist. 2. WRITTEN WARNING Written notification to the student that continuation or repetition of the wrongful conduct may be cause for more severe disciplinary action within the period of time stated. A copy of the written warning letter will be placed in the student's file. 3. FINES Sum to be paid by the student to the university or another specified body. Failure to do so will result in the withholding of a student's transcript and/or denial of either graduation or continued enrollment at the university. 4. RESTITUTION . Reimbursement for damage or loss to either university or individual property. Failure to do so will result in the withholding of a student's transcript and/or denial of either graduation or continued enrollment at the university. 5. COMMUNITY WORK Assignment of a specific number of hours of community service work to be ascomplishcd in a specific time. 6. DISCIPLINARY PROBATION Written notification to the student that he/she is in officialjeopardy. A further violation of the Student Code of Conduct while on disciplinary probationmay result an suspensmn or expulsion. 7. RESTRICTION Denial of the use of certain university facilities or the right to participate in certain activities or privileges for a Speci?ed period of time. 8. TERMINATION OF HOUSING Withdrawal of the opportunity and ability to reside in a university owned or operated Residence Hall. All Residents should be aware that. as outlined in the Housing Contract and License Agreement. any student dismissed from the Residence Halls for disciplinary reasans is not entitled to a refund of his/her housing charges, including the deposit. 9. SUSPENSION Exclusion from class. exams, and all functions of the university for a stated period of time. Suspension may require petition for readmission. 10. EXPULSION Dismissal from the university. The student may not attend classes or take any examinations and must vacate university property by the effective date of expulsion. Readmisslon will not be considered. Ill. Initiation of disciplinary proceedings A. Complaint Procedure 1. AN INCIDENT REPORT An inCIdent report is a detailed. written description of an alleged violation. Any member of the university Community may. report an alleged violation of the Student Code of Conduct, in writing. to the Office of Students Rights and Responsibilities. Complaints must be filed Within sixty [60) days of the incident that precipitated the complaint. Incident report forms are available from the Office of Student Rights and Responsibilities and from the Office of University Housing. 2. PRELIMINARY REVIEW OF COMPLAINT Upon receipt of the written incident report, the Office of Student Rights and Responsibilities is authorized to conduct a preliminary review of the complaint by questioning persons thought to have knowledge of the particular incident. including the alleged violator. If a person alleged to have violated the University Student Code of Conduct is questioned. he/she must be informed that he/she is being investigated and of the nature of the related incident. 3. NOTIFICATION OF COMPLAINT If the Office Student Rights and Responsibilities finds that there is sufficient information or basis to support the complaint, the alleged violator will be notified of the complaint in writing {by mail. return-receipt requested or hand-delivered). 4. DISMISSAL OF A COMPLAINT If the Of?ce of Student Rights and Responsibilities finds insuf?cient information or basis to support the complaint. the Of?ce is authorized to dismiss the complaint. The Office of Student Rights and Responsibilities decision to dismiss a complaint is final. B. Review of Complaints 1. DISCIPLINARY REVIEW MEETING After the student has been given notice of the complaint. the Of?ce of Student Rights and Responsibilities, may hold a disciplinary review meeting with the student alleged to have violated the Student Code of Conduct and the person submitting the incident report. if necessary. to determine all the facts surrounding the incident. The Office of Student Rights and Responsibilities will meet with all parties on a oneon-one basis. 2. LEVEL REVIEW a. If in the judgment of the Office of Student Rights and Responsibilities. the nature of the alleged violation is unlikely to result in the suspension or expulsion of the student from the university. the Office is authorized to review the matter. The procedures to be used in reviewing the matter will be determined by the Of?ce of Student Rights 8: Responsibilities. The alleged violator will be given reasonable opportunity to comply with the process. b. Where appropriate. the Office of Student Rights and Responsibilities may offer the parties to an incident the opportunity to resolve the matter thr0ugh mediation. If mediation fails to yield a favorable resolution. the Office reserves the right to proceed in a more formal manner. 3. LEVEL ll REVIEW a. If in the judgment of the Office of Student Rights and Responsibilities. the nature of the alleged violation is likely to result in the suspension or expulsion of the student from the university. the Of?ce will fonivard the matter to the Of?ce of the Senior Vice President for Student Services for review. b. The Office of Student Rights and Responsibilities. at its discretion. may also refer matters to the Office of the Senior Vice President for Student Services which may not necessarily result in suspension or expulsion from the university. if the Office believes it would be in the best interest of all concerned to do so. 0. The Senior Vice President or his/her designee will review the complaint to determine whether or not Emergency or Interim suspension is appropriate or necessary. If it is determined that either emergency or interim suspension is appropriate or necessary. the process outlined in Section will be followed. (1. If it is determined that either emergency or interim suspension is not appropriate or necessary. the Senior Vice President or his/her designee will notify the alleged Violator of the date. time, and place of the disciplinary review by a Disciplinary Review Panel. The procedures to be used in reviewing the matter will be determined by the Disciplinary Review Panel. The alleged violator will be given reasonable opportunity to comply with the process. e. The alleged violator may waive the disciplinary review by the Disciplinary Review Panel. in which case the Senior Vice President or his/her designee will review the complaint and make a determination of responsibility. if appropriate. f. If the matter is referred to a Disciplinary Review Panel for its review. the Panel shall meet and review the complaint. The Panel will make a recommendation which will be sent to the Senior Vice President or his/her designee for his/her consideration. g. The Senior Vice President or his/her designee will review the recommendation of the Disciplinary Review Panel. and make a determination of responsibility, if appropriate. 4. Failure to respond and/or participate in either a Level I or Level II Review will result in a decisron being made in the student?s absence. 5. Students may not be represented by attorneys in either a Level I or Level II Review. 6. The Disciplinary Review Panel will consist of five (5) members of the university community to be selected by the Senior Vice President for Student Services or his/her designee in consultation with the Deans of the various academic divisions. IV. Appeal Process A. Timing for Appeals 1. Once review proceedings are completed and a sanction imposed, the sanctioned student has the right to appeal on the grounds listed in paragraph IV. B. below. 2. Appeals must be filed In writing with the Senior Vice President for Student Services or his/her designee within ten (10) school days of receipt of a decision. Sanctions imposed will remain in effect pending appeal. 3. The appeal shall specify the basis of the appeal. 4. Failure to file atimely written appeal shall constitute a waiver of any right to appeal. B. Grounds for Appeal 1. A decision may be appealed if it can be clearly and specifically demonstrated that sufficient grounds exists to show that the sanctioned student was denied a fair review. 2. Sanctions may be appealed only when it can be specifically demonstrated that there is a flagrant discrepancy betWeen the infraction and the imposed sanctions. 3. SanctiOns may be appealed if they cause undue hardship on the student's ability to continue or pursue hiS/her course of study and/or stay in School. 0. General Provisions 1. Students are responsible for strict adherence to all deadlines and procedures for the filing of appeals. 2. No new information shall be considered on an appeal. 3. Documents filed in an appeal shall constitute a part of the record. 4. All documents relating to the proceedings from which the student is appealing shall be available to the Senior Vice President fer Student Services or his/her designee. 0. Review of Appeals 1. The Senior Vice President for Student Services or his/her designer: shall be responsible for reviewing all appeals. 2. The procedures to be used in reviewmg an appeal, and for providing notification of the decision, Will be determined by the Vice President for Student Affairs. or designee. The student filing the appeal will be given reasonable opportunity to comply with the process. 4. The decision of the Senior Vice President for Student Services or his/her designer: is final. V. Student Organizations Student organizations. which are officially recognized by the university. shall be prohibited from engaging in. or authorizing its members to engage in. any actions which are considered Violations of the Student Code of Conduct. A. Procedures 1. The Of?ce of Student Rights and Responsibilities is authorized to investigate complaints against student organizations and. if necessary. charge the organization for violation of the Student Code of Conduct. 2. Charges Will be served on the principal officer of the organization. The organization must respond in writing within five (5) school days of receipt of the notice. 3. The charged organization may request an extensmn in the response period. Such a request must be in writing and must be received by the Office of Student Rights and Responsibilities within five (5) school days of the receipt of the notice. The length of the extension will be determined by the Of?ce of Student Rights and Responsmilities. 4. Failure to submit a timely response will constitute an admission of the allegations stated in the notice and may result. in the imposition of sanctions. 5. The Of?ce of Student Rights and Responsibilities may suspend the activities of the charged organization pending the review of the complaint. 6. The Office of Student Rights and Responsibilities will review the charges and response from the charged organization to determine whether or not the organization violated the Student Code of Conduct. where it has been found that the organization violated the Student Code of Conduct. the Office will determine the appropriate sanction. B. Sanctions 1. Any student organization found in violation of the Student Code of Conduct shall be subject to revocation of their charter to operate. The Office of Student Rights and Responsibilities may impose a iessar sanction as deemed appropriate. 2. Disciplinary sanction of a student organization will not preclude disciplinary action for an individual student if lie/she is specifically charged in the same incident. Charges against individual students will be adjudicated under the process as outlined in Section ili above. c. Appeals The Senior Vice President for Student Services or his/her designee shail hear appeals for the decisions made regarding student organizations using the procedures described in Section above. Student Services - Rights and Responsibilities Sexual Harassment-Assault Page 1 of 4 The New gallon)! Student. Sit'l'Vl?J?; Student Services - lights and .. Harassment 2,35.th Sexual Harassment-Assault The New School is committed to creating and sustaining a university environment in which students, lac-itlty stall can study and work in an open atmosphere. unnampered discrimination This commitment is explicnly stated in all descriptions of university programs and in all the official catalogs of the academic diyisions of the. university The. university?s statement on non-discrimination 15? "The New School. as well as its II?IEllV?lEltidl divisions is committed to a policy of equal opportunity in all its educational activnzes. privileges, programs, dilrn-ssaom polities. ?itlloldISl'llp and loan programs and employment. It does not discriminate on the bums of race. color. national or ethnic origin, umenship status. religion. religious practices. gender, sexual orientation age, mental or pliysiral disahdity veteran or marital status As a necessary part of its commitment to create and sustain an env-ronment free of any kind of discrimination, The New School commits itselfto prohibit sexual harassment and to confront rind deal with it when it occurs. Sexual harassment is defined in this. policy and procedures have been established for responding to concerns. allegations and questions about sexual harassment brought by any member of the university community The university", goat is to LIL-hate a community Free of sexual harassment To do so requires good judgment, awareness and intelligence 'li?t sustain this kind of community also requires directness. and chtrity 'iinC'c many members or the community may not immediately snstariceb of sexual harassment and the. consequences of such conduct on individuals and the community In order to achieve the goal of a community free. of sexual harassment, atandard'i of behayior and procedures for dealing with breaches of those). standards must be established and implemented Within the crmte'a of academic. iroedoriz. Education of the community on this issue also be necesmry The university seek-i to sustain a high standard of tuih?wmr and to torrect breaches of that standard, regardless of whether the offending behavior would meet external legal standards of the term sexual harassment Our goal :5 to deal directly and clearly this complex issue As in the case. of any disciplinary issue. formal procedures may be Invoked when complaints cannot be resolwd informally To expand To Contract 1 Definition of Sexual Harassment Generally, sexual haras?mient is conduct that exploits power or authority in order to (shut sexual submission, or inappropriate sexual conduct that creates an intimidating, hostiie or environment for working, teaming or enjoying other opportunities and activities. Sew it harassment can include a wide range pl behawors, from the actual coercing of sexual relatit?ii'is to inappropriate sexualization of the working or learning environment With words, materials; or behawor. It may involve women lacing harassed by men. men helm] harassed by women, or harassment between persons of the same sex. The Federal Equal Employment Opportunity CornmiSSion has iss-ued guidelines that a basic 0f harassment, Winle the EEOC guidelines apply only to FaCulty and other employees, the university prohibits sexual hardSSITlent or any member of the community, whether such harassment is aimed at students, faculty or other ei'nployees. Basset: upon the EEOC guidelines, and for the purposes of tins policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other expresswe or phySical conduct of a sexual nature where: Submission to such conduct IS explicitly or implicitly made a term or condition of employment or status in a course. program or activity; or Submission to 0r rejection of such conduct is used as a basis fOr an employment or academic decision affecting the individual, or for a decision regarding an individual?s status in a comma, program or activity; or Such conduct has the purpose or effect, when judged from the perspective of a reasonable person in the position of the complaining individual, of substantially interfering with an individual?s work performance, Or with an individual's enjoyment of other university appertunities, programs and actiwties; 0r sexual harassment is generally to be in IIWO forms: Quid pro quo sexual harassment occws when an individual makes an explicit proposition for sexual favors in return for express or implied job benefits or academic decisions, or where rejection of such a proposition is to be used for, or negatively effects, job bene?ts or academic decisions, Hostile environment sexual harassment occurs when conduct (either through its severity and/or its repetitive or consistent nature) has the purpose or effect of substantially interfering with an indivrdual's work or academic performance, or creates an intimidating, hostile or offenswe working or learning environment. Unwanted ?irtations, advances or propositions of a sexual nature, or unwelcome comments of a sexual nature about an individual's body or clothing, whether conveyed orally, in writing or by electronic transmission, or unwelcome touching, such as patting, pinching, hugging or brushing against an individual's body are illustrations of the kinds of conduct, if engaged in by an indivldual repeatedly and consistently, which could constitute hostile environment sexual harassment. Other Issues Concerning the Conduct of Members of the University Thea-150C definition refers to legal standards for Identifying sexual harassment. There are. however, other qtandard? for among its mambers that are important in a UniverSIty setting. Although we do not to discourage collegial relationships which are essential to the educational missmn of a university, members of the University must recognize the profeSSiondl responsibility that faculty have for 6/3/201 1 Student Services - Rights and ReSponsibilities Sexual I--~Iarassment-Assault Page 2 of 4 educatson and the considerable power that faculty have over students' careers. As is result, our {standards for relationships between lactilty and students at the Univers'ity, and between other members of the University community, may be more restrictive than those encompassed in the EEOC defin-tion which pertains to employment. Faculty members (and administrative staff) should be aware that any romantic involvement with students (or staff metribers who report to them} is considered inappropriate, and it might make them liable to formal action. Romantic involvements between faculty and students outside the instructional context also have the potential to lead to difficuitres. Beyond these dif?culties, and the risk of formal action, these involvements can have a negative effect on the community. Suspicious of favoritism may 6?!st that affect the academic and/or work envzroninent; there may be the appearance of explaitation even if the relationship is corisez'isualr In addition, there is always the possibility that relationships that begin consensually will be subject to misinterpretation and that after they end, the faculty {or administrative staff member) will be. vulnerable to accusatiOns and recriminations. The foregoing paragraphs refer generally to faculty and students, or administrative staff members and those who report to them, but it is equally important that relations between students in all programs of the University adhere to a high standard of collegiality and mutual respect. the f-Ji'ogomg paragraphs are included Within the. purview of this policy statement. because ft is important to keep this highest standard of professional bahawor in mind and to av0id even the semblance of At a universiity, in Situations where colleagues, workers, teachers and students work together as equals, and where the atmosphere IS collaborative, there will be a tendency to Igltore distinctions and to behave. as if they do not exist. Particularly, in the case of senior faculty and faculty and the case of faculty and graduate students (when students are older, workmg adults) it may be easy to ignore differences in responSIbillty and power. But even in the case of non?tradtional students, teachers have power and authority over all students this; should be acknowledged and respected. The same :5 true for the relations between and Staff. At the same time as we. respect the differences in Our roles, we want to sustain a collegial atmosphere and the informality of the UniverSity environment so that our mission the process of education can flourish. At no point, however, should the. freedom, openness, and eunegiality of the University permit an abandonment of responsroility. The highest standards of ptofessronal conduct pertam to all members of the faculty in than dealings With one another as well as with staff and students; the relationships between superwsors and members of the staff at all levels should also be governed by these standards. No member of the Uniyemity should feel that the fulfillment of her or his duties is obstructed or impeded by sexual harassment from a teacher. colleague, or superwsor. The standards we have. outlined above have their parallel in relationships among students in all academx; (illusions of the University. We expect these relations to be collegial and cwrl. Students should not engage in any bellowors that Comte, cleme??in. or threaten other students. 1 Sexual Assault Pollcy Important Information on Sexual Assault --.. University Policy on Discriminatory Harassment Attopted December 13, $900 Revised October 15, 1992 ERewsed March 30, 1999] {Revised February 2003} IReyised October 2004} The New School ls committed to being an academm community that is racially and culturally diverse, that values mutual respect, human dignity, and indi?vioual differences. and that is supportive of iriteliectiial. artistic, and profesmonai growth. These benefits are compromised when individuals or groups within the community engage. in acts of dl'n?J'llYNil?thl?l and discriminatory harassment as well as coercion against other or groups, including intimidation by threats and/er acts of violence or personal yilif'ication on the baSis of race, color, religion, religious practices, gender, sexual orientation, national or ethnic origin, physical or mental drsability, age, marital status, or other personal attnbutes. Slit'h acts undermine the fundamental values of the entire community and contribute to a hostile enyironinent which may limit or deny access to the educational process, not Just for those subiected to such cuts but to the community as a whole. Acts of discrimmation including discriminatory harassment are prohibited, This policy is. no: intended to discourage the expresswn of ideas that. while they may be offenswe, are protected by the Llnwersity's Pom-i; on the Free Exchange of Ideas and the Unwersity's Statement on Freedom of Artistic Expressmn, and by the lust Amendment of the Constitution of the United States. Speech or other expression constitutes discriminatory harassment if it: deliberately inSufts, stigmatizes, threatens or intimidates an individual or small group of specific individuals on the basis of race, color, religion, religious practices, gender, sexual orientation, ethnic origin, physical or mental disability, age, marital status 0r OthEr personal attributes; and is addressed directly to the specific indiwdual or individuals who it insultS, threatens, or intimidates; and makes use of?fighting words" or non-verbal symbols. 6/ 3/20 1 1 Student Services - Rights and Responsibilities Sexual Harassment-Assault Page 3 of 4 In the context or I'iar'assment, "fighting words" or non- verbal symbols are words, plt?tures or symbols that: are, as a matter of common knowledge, understood to convey drrect hatred or contempt for human beings and that by their very use m?ict imury Dr tend to incite an immediate breach of the peace. Individuals who believe they have been subject to in woiation of this polar; may obtain redress through the University?s Sexual Harassment Discrimination complaint procedures, or, where applicable, the collective hargaining agreement, as described in the. Guidelines For [Dealing With Issues Ol" Sexual Harassment Si Discrimination.* ?It is aiso Violation of" this policy to engage in hatt?lbros Crimes which include violence, intimidation and/or destruction of prepert?,? against a person based in whole or substantial part because of a belief or perception regarding that person's race, color, national origin, ancestry, gender, religion, religious practices, age, disability andior seXual orientatit?in regardless of whether the belief or perception is correct. i 3 Guidelines for Dealing with Issues of Sexual Harassment Adopted March 8, 1990 Revised March 17, 1994 [Revised March 30, 1999] {Revised February 2003] {Rewsed October 2004] The Board of Trustees of The New Schooi has Approved the preceding Policies on Sexual 8a. Discrimination. These policies :i'ovide a discussion of the standards of bohawor to which the. univers-ty community adheres in this regard. These policies are statements of values and standardS; they do not include The following Guidelines for Dealing Issues of Sexual Harassment and other forms of discrimination have been established in order to prayide a structure and procedures for dealing With actual charges of saxual harassment or discrimination as defined in the The. procedures uphold the beam requirements of fairneSS and accord full consideration and respect to the complainant and to the person complained against. Theta! guidelines; are for members of the universny including faculty, students enrolled in degree granting programs and administrative staff, For clerical union the uniVersity?s Sexual Harassment and Discrimination policies have been incorporated Within the, Current collective bargaining agreement with the union local. There are two different procedures to be followed deoendtno upon the status of the employee bringing a claim of hailing been sexually harassed or otherwise been discriminated against. it a claim is brought by an employee of haVlng been harassm while in the status of a clerical. union employee, it Will be. handled through the grievance machinery established in the collective bargaining agreement. If the claim of harassment or discriminaton brOLight by a member of the university while in the status of a student, administrative staff or lacuity member, the university-Wide Sexual Harassment and Discrimination complaint procedures will be followed. An employee cannot utilire both procedures Simultaneously. The university has assujned the Office of the Vice Prescdent General C0unsel the task of detailed informatlon and guidance on the process to both the complainant and the person complained against. Steps in Bringing a Complaint of Sexual Harassment or Discrimination: Initial dlSCUSSion of a situation by complainant with a designated official in an effort to resolve the problem. When the investigation is concluded, the designated official simuld submit a confidential report, within thirty (30) calendar days, of the Outcome to the Provost. If Step 1 is not successful in resolving the matter, either party may submit a written complaint to the Provost for his/her reconsideration. The Provost may further investigate the matter or make a decision based on the submitted materials. The Provost may also, at his/her sole discretion. refer the matter to a Panel of the university-wide Committee on Harassment 8t Discrimination for its conSIderation and recommendation. If the matter is referred to a Panel for its review, the Panel shall meet and determine whether or not the complaint warrants a formal investigative hearing or can be resolved without further investigation. The Panel's recommendation will then be sent to the Provost for his/her consideration. The Provost Will review the recommendation of the Panel of the Committee. and decides on a penalty, if appropriate. When the Prevost announces the decision, the alleged harasser or the complainant may request the Provost reconsider the decismn and/or the penalty. The Provost?s decision after this recommendation, if any, is final. 1. Initial discussion with Designated Official Pew-J99 sexual harassment or discrimination is often diffiuzlt to discuss, a complement may want to speak first With a lies'iundted Ofl'li'EHlt A complaining party should speak with one of the following designated officials: lacutv 8i Staff Vice Premdent for Human Resources/Vice Pressdent 8s General Counsel 2. Review of the Complaint by a Panel of the University-Wide Committee an Harassment 8: Discrimination Composition of the Committee 6604 6/3/20] 1 atudent servwes - Rights and Kesponsxbilities Sexual Harassment-Assault Page 4 of 4 The university-Wide Committee is a standing committee of Six persons selected annually by the Provost of the univerSity. The Committee shall consist of: two faculty; two administrators; and two students (one undergraduate and the other a full-time graduate) selected from nominations Submitted by the Senior Vice President for Student Services. A Panel of three (3) Committee members will be selected to hear each case referred to the university-wide Committee on Harassment 8i Discrimination. A Panel will be selected in the following manner: the complainant and alleged hai'asser (hereinafter referred to as the "responding party") may each select one member from the six-person standing committee and the Provost Will select the third member. The Chair will be appointed by the Provost. However, the students shall not be selected for a Panel where a case does not involve a student as either a complainant or responding party. A student complainant may also request that students not participate on a Panel and only one student may be chosen for any one panel. Any member of the university?WIde Committee With an interest in the matter, who has actively particmated In the Step 1 process, or who the complainant or the responding party justifiably has a conflict of interest, may be asked to disqualify himself/herself from participating on the Panel. At any time during the Step 2 process, the Provost or Panel shall have the authority to enter into an informal resolution of the complaint that is acceptable to both the complainant and responding party. Upon informal resolution of a complaint, the matter Will be deemed closed. 3. Discipline Where the investigation of a complaint results in a conclusion that the imposition of discipline is necessary and appropriate, such will follow the structure of penalties under the established disciplinary procedures at the univerSity. For students, faculty or staff these penalties Will have different Significance and practical consequences. Since our goal is to deal directly and clearly to prevent and to correct sexually harassmg behaVior, in cases of severe harassment or discrimination involving sexual assault, qUid pro quo sexual harassment, multiple charges, or a history of complaints). the univerSity reserves the right to take summary disciplinary action pursuant to the University Code of Conduct and/or pursuant to university employment procedures, including those contained In the FulI~Time Administrative Staff Handbook and the Guidelines On The Rights and ResponSibilities of FaCUlty contained in the Full-Time and Part?Time Faculty Handbooks. 4. General Considerations Timing in order to preserve a healthy envuonment for education in the univerSity community, complaints of sexual harassment or discrimination should be dealt with in a timely fashion. Except for good cause, a complainant must initiate the process by taking Step 1 no later than sixty (60) calendar days after the alleged act constituting harassment 0r discrimination has occurred. After Step 1 has been initiated it should be dealt with within twenty (20) calendar days. After Step 2 begins, it should take no longer than two months after receipt of both parties' written statements and responses to complete. A matter Will be concluded no later than three months after the initiation of Step 1 proceedings. This is a blueprint for a schedule, but the goals of fairness and full conSIderation may extend (or accelerate) the schedule, when necessary. Confidentiality The Panel must seek to determine the facts of the case in order to make a fair determination and finding in as confidential a manner as practical. The members of the Panel or deSIQnated officials reViewing a case at Step 1 shall not discuss a case except in formal sessions dedicated to that purpose. The privacy of both parties to a case will be respected insofar as possible. Protection from Retaliation All individuals involved in the consideration of a complaint of sexual harassment or discrimination be protected from retaliation. such as threats, false countercharges, the punitive use of grades, arbitrary dismissal or denial of promotion. Indiwduals should be protected from retaliation both during and after a complaint is considered. Any indication of retaliation should be reported to the deSignated official who is (or was) responsible for the conSideration of the case during Step 1 proceedings. He or she Will rewew the facts and recommend appropriate action. 6/3/20] 1 (5/10/2011) Rachene Gaslon - Re: Moving to a differenl resrdenoe with-- Page 1 Fvom: (\ulomskr newschom To cc. wycek@uewsahoul mu DaIe' 3/2/2011 941 AM Summ- Re a mflerem vesudewce Mll-- Any was; man my be lorwarded you Loeb Junk man wm he mscarded \le ask my staff |o check your hex oar on Fnday Rab er OngmaIMassag From To Ruben Lummsk Sunyecy Ra Mavmg lo a amerem resraence Sam Feb 212m! 3 02 PM My Hevla' have my moved on. my room-ax [he sruyvesar. Park reeraerree Humed Mule warned ahmu near We hcwever. wry newyma everyone aboul my Chang: cl address 50 hnpemHy Kheve my be no pmblems mm yea var year help Easx viards Robcrl 02mm 2 43 PM My Thank yav my ms email "me wm serve as yam raqvasr my a mum nausea and 15 approved Yau may up keys you! new double room Loeh nan Heum_|omgh| a me RA office Lee!) between 1 and 109m You may move anyhme Hesse me know when you have wmn'eud you! move so may away yum old mm lhev sludenls wamng Var moves lhemse'ves Thank you agam m: yam Smcere'y Rub Rub Dwecmv 07 Sludem Hauslng Resmevwe we 79 5m Ave Ham near New Yam NV 10003 1212) 229-5459 2 39 PM Mr Lmomskr. HeHo My name >s--and am (he (arms: ol_l know man she has been conlacl wuh you my me past law days and was wundenng rn As passrale var me to move her to a new dorm We ave good mummatas and wou'd be very my. having a dvflerenl mommaxe we resmence war I am evrrenny a From whal have heavdr- rs moving We a daub'e a' Last? Wou'd be luv me to accompany her7 Bes| rfiams Rab momsm ?(W/2011mm et . *5 PM From: Robert Lutomski To: Kaplan, Jennifer CC: Muhieman, Heidi; Noble, James; Sheridan, Maureen Date: 2/24/2011 12:58 PM Subject: Room Change Jennifer, The double room in Loeb Hall will be ready for you tomorrow, but I dot see any record of a request from your roommate in Stuyvesant Park to move. In order to approve opening another suite I must have a request in writing from Alexandra to change rooms and move to a double with you in Loeb Hall. All she would have to do is send me an emaii from her account. Then you can both pick up your new keys and move tomorrow evening between 7pm and 10pm. You would actually have the entire weekend to compiete your move. Thank you. Rob Lutomski Rob Lutomski Director of Student Housing Residence Life 79 5th Ave, Fifth Ffoor New York, NY 10003 {212) 229-5459 16/10/2011) Rachelle Gaston -- Re. mall problem s11" 1sn'fi1xeu Page 1 From: Roben Lulomsk Tu: nam- 1/13/2011 10 mm Re' ma11 wouam $11111sn1fixen Kelly Jayne 45 na1mng your um ma11box you We 1am many u1yeur magazines a1 Stuyvesant Park and 1 was Linda me Impressmn you had .ecayea meal Is 0115 no! me case? Wou1o you be due 1m a meeung an Tuesday Kefly Jayne. James Nob191 Sammy ann mysem We W111 uy to genome baunm 0! ms. Le! me um um you m1gm be Iree Thank you Rub Lu|0msk1 Bureau! at smaem Housmg a Raamenee 1.11e 79 5111 Ave an Floor New Van. NY 10003 1212) 229-5459 10-06 PM So 1 have been Irymg 1o rece1ye a DVD lrom mm < (6/10/2011) Rachelle Gaston - Re: Room Change Page 1 Robert Lutoinski Noble, Jam 2/24/2011 233 PM Re: Roam change when we spoke, you made it very clear to me and my shelf that you wanted to move into a double with your roommate together you may both have single rooms in the same suite ilr you wish, but they cost more than the double you requested. If you would like a single room 1 would be happy to give to you but it Will increase the charge for housing. Since Alex has a contract that pdmcular room Stuyvesant Park, we cannot nist move her without her permission in writing it is a iorinality but very simple to Just send an email requesting a room change. We have never received anything lrom her indicating her desire to move, you seemed very anxious to move and get settled when last we spake, so i thought you would be moving very quickly. you can take all the time you need to move, The keys will be available ror pick up between 7 and mom in the RA omce beginning tonight it you would like to pidr them up sooner, just check with James Noble to make that arrangement inc-o him here on this email. Just let me know when your move I5 comp/ere SO I may offer your Old space [0 other SludEnS waiting for moves themselves. thank you and let me know ii you have any other questions, Rob Lutoinski Rob Director of Student Housing Residence Lle 79 5th Ave, Fifth Floor New york, Ny idea: (212) 229~5459 PM 1 am very confused about this since 1 was misinlormed about many things. First, what happened to the oossiblity of my roommate and 1 getting two singles in that suILe at the cost of a double? Also why was iriyseil or Alex not informed that she had to out her request to move into many it would have been nice to have been told a week ago 1 was told that 1 would have unlimited time to move so ioould plan my move around the weather, now 1 am told that i only have a weekend and this weekend will have rain a lot oi the llme, i can't move when it is raining because then my stulr will get wet Only having a weekend to move makes it very to get my homework done and move Also can 1 pick up the keys earlier tiien 7pm since 1 would like to have as much time as possible to riiorve7 Thanks Robert Lutoniski 02/24/11 12:55 PM The double room in toeb Hall will be ready (at you tomorrow, but 1 dot see any record or a request from your roommate in Stuyvesant Vark to move in order to approve opening another suite 1 must have a request in writing iroin Alexandra to change rooms and move to a double with you in iiall All she wouio have to do is send me an email irom her account. Then you can both up your new keys and move tomorrow evening between 7pm and 10pm. you would actually have the entire weekend to complete your move. Thank you Rob Lulomskl ROD Dlmor of Student Housing 81 Residence Die 79 5th Ave, Firth Floor New york, Ny 10003 (212) 22975459 [ts/10120117 Rfachetle Qgikxn LR mail and hike" Rohel't Nob ,lames 3/7/2011 \0'24 AM Re: problem with mail and bike We do not reimburse for Such things as this. It you think you are missing mail or packages, iust hie a report your Hall Direcoor who is James Noble and has an affine on the 3rd floor and We Will oe gin a search that may include notitying Security and the us motel service i will use this email as a preliminary report to begin the investigao'on, but an you please itemize the missing items, with dates ekpeded, the shipper, name 0! magazines you are missing etc? Thank you and we start working on this. Rub Lulunlski Rob Lutomski Diiodor ol sbudent Housing at Residence Life 79 5k" Ave Fifth Flour New York, NY 10003 (212) 22975459 was At So as am sure you remel'n I my rel: In your office was that [wanted an address and I stressed file whole time how tyrant an address so i can get may mail because i normally get slufi daily. the other day i realized thati had not recerved any mail at either address lore iew weeksy the exoeption of one Nemix mailing and a couple or padreges, but one package is MIA. met talking to some office assistants i learned that they have been iting 'retum to sender' on my mail because they have an outdated roster and was notori the old rosber they were using. Luckily I have been told the problem was fixed on Saturday, but i have yet receive any mail realize that there has not been an chante for me to get mail sinoe the problem was hired i wanted to notify you treatise i was told by you that this would not be a problem and i don't want this to happen to anyone else Even though i received one mailing, all the Nettiix mailings since have gone missing. Also the box that went missing ts a box 1 need sol can have my laptop liked, but now i have to call tech support again and wait anodier week to get it fixed. Also rs there anyway to be reimbursed tor my loses since i have about 7 magazine subscriptions and a Netflix aocount, all oi which has had "tellmi to sunder" put on it? Also another I have had at Loeb [5 that securlty [Old me that 1 cannot my bike the building Recently 1 had my brand new $10 bike light stolen. I lock-up my bike extremely well and have the best bike look at the country and lockup the most parts possible, buti cannot lodtrup every little thing. i am now worried mat my bike Will be stripped oi the other light, the splash guards, basket, handlebars, seat, and ymateuer ese they can get their hands on. is there anyway my light to be reimbursed and tor you to talk to security so i can bring my bike into the building so it is umtected? Thank You so much' [16/19/2017) Ramelfis'astonfn" roolern vfifin maEd talks 3/7/2011 5 22 PM Re: problem wide mail and blke we start the investigation immediamly. Thank you far unis inrorrnab'on. Rob Rob tutolnski Director at Student Housing bl Residence Life 79 5th Ave, Fifth Floor New york, NY10003 (212) 229-5459 2:03 pm Ialready contacted James about this. I am missing a DVD that was expected to arrive on rriday, Time Magazine that arrives to me every Friday, butt have yet to receive since moving into temporary housing, a may oiAllure, Glamour, and Martha smart Living that i go not know the estimate arnual dates since they do not come otten enough tor me (0 know an exact date, 1 )ust know that they should have come by now and haven't. The thing that is missing that ls the biggest deal is a that should have arrived by Thursday allowing me to mail my laptop back so my laptop be fixed. Thank you 5n muchl Robert Lutorrski 03/07/11 10:24 AM Heflu. We du not reimburse torsuch things as this. irvou think you are missing mail or pacloses, lusl file a report your Hall Director who is James \loble and has an orrice on the 3rd floor and we will be pin a search that may include Security and me US Posta| Service I will use [his email as a 72M K0 beg"! the investigation, but can you please itemize the missing items, dates expeaed, the shipper, name or magazines you are missing etc? Thank you and we will start working on this Sincerely, Rob tutonrski Rob Lutomskr Direcmr or student Housing Residence tile 79 5th Ave Floor New Yark, NV 10003 (212) 2296459 10:05 AM So as am sure you remember my first request in your office was thatl wanted an address and wasted the whole time how Iwant an addeSS 50le get may mail because I normally 991 daily. other day I remind that! had not receiyeg any mail at either address tor a tow weeks, me exception or one Nemix mailing and a couple or packages, but one package is Mm. Alter talking to some office assistants I learned that they have been "vetum to sender" on my mail because they have an outdated roster and i was not on tile olcl roster they were using. Luckily have been told the problem was fixed on Saturday, but i have yet to receive any mail. i realize that there has not been an ctianoe for me to gel mall the problem was [wanted to notify you muse I was mid by you mat [his would not be a problem and i don't want this to happen to anyone else. Even though i received one mailing, all the Netrlix mailings since have gone missing. the box that went missing a a box irreed so loan have my laptop iixed, but now i have to rail tech support again and wait another week to get it hxed. Also is there anyway to be reimbursed ror my loses since i have about 7 magazine subsoiptions and a Netflix account, all oiwhish has had "return to sender" out on it? Also another problem thaye had at toeb is that semrily told me that i cannot bring my bike inm the building Recently i had my brand new $10 bike light stolen. I lock-W rriy have extremely well and have the best one lock in the country and lockup the most pans possible, but i cannot lockup every lible tiring. 1 am now worried that my bike will be stripped or the other light, the splash guards, basket, handlebars, seat, and whatever else they can get their hands on is there anyway Mug." Fail}. Vor my fight a: be rewmbursed and for you [a talk to sezunty so I ran bring my Luke mm the buikflna so it Is mum-17 Thank ynu so mum! (6/10/2011) Racnelle Gaslon Ilia imam with mail and bike Page 1 Robert Lutomski 3/1u/zb113227 PM lte, problem With mail and bike think there is still a bike rack on the moon deck in back can you please ask James Noble it you can keep it there for now7 Thanks Rob Rob Lutomski Director of Student Houslng at Residenoe Life 79 5th Ave, Fifth Floor New Yovk, NV 10003 (212) 2295459 10:50 PM It was put on the bike rack in (rent at ttie building The night 1 arrived in Loeb with my bike I was told I could not bring it into the our ing and had to put it there. My bike is locked up extremely well, but not everything can be locked up. They only make locks to prevent the expensive parts ol ttie bike lrorri being stolen, ikrmme, [toolgdw 03/07/11 7:13 PM As lar as your bike goes, was it chained to the racks on the from patio or Loeb or the back? Rob Lutomski aI Me bat Mon,7Mar20111 58 7 To: Ruben l> Subie . e' problem mail and bike Thank youl Robert Lutomski 03/07/11 5 22 PM Hi We start the investigation immediately Thank you ror this inlormatibn, Rob Rab Lutomski Director of student Hous Residence Lite 79 5th Ave Firth Flour New vork, NV 10003 (212) 22975459 3/7/2011 2sz PM i already contacted James about this. 1 am missing a Nemix DVD that was expected to arrive on Fnday, Time Magazine that arrives to me every Frlday, but 1 have yet to receive since moving into temporary housing, a may of Allure, Glamour, and Martha Stuan Living ttiat 1 do not know the estimate arrival dates since they do not come onen enougn lor me to know an exact date, I iust know mat they should have tome by now and meat, The thing that 5 missing that is the blggest deal is a box that should have arr/wed by Thursday allowing me to mail my laptop back so my laptop can be fixed. Thank you so much' Robert Lulamskl 03/07/11 1 Helloi (all o/eefljkaghelie Gaston Rer'vpioblVeVrQ--Ij'i'at'naeas ta'oe hirifimm'ei tely" me: 7oz 0am: 3/15/2011 17 PM Suhiacl: Re: problem that needs in be fixed lmmedaKEW Thanks- 1 am meeung with security ad ska" now to review. let ydu know the oukome Iatet today. Rob Rob Lulomskl Director of student Housing a Residence Life 79 51h Aver, Finn Finer New Yark, NV 10003 (21 )229-5459 AM I do not know if he has tried to enter Loeh Han, but 1 know that securin does not know that he is banned from men. How can they enforce a ban if smuity doesn't know that he is banned? (WFQ 03/15/11 9:17 AM lam nut sure of the deans behind case but alert the awwpriite 5kan that you believe he is entering Loeh Hall. Thank ydu inrorrning nie. To: aheit Lmomskl probiern that needs in be fixed immediately Sent: Mar 15, 2011 12:29 AM must discovered that-is not aanned then, 1 moved I'm my sarety and was promised prolminn, yet 1 turns nut that i do nut haue the protection that des promised. You need in nx this as san as you read lhis email then try tn figure out why this happened. is not OK. 1tnought not having maii was a prahieni, but new that 1 have that my "violediun" daes 0019051 my top priority is to resmre my sarety. Fixing this wait until 2:30 on Tuesday. This shnuld have never been an issue and new 1 am looking intd transferring outer the university. 1 reel that 1 am Lhe proalem student [a the administrauun 0f this sehaul, but the reality is that 1 lust want to We a normai rite and the administration is doing everything aassihie in make that not happen. 1 MM regret repurting this since reporting it ,ust made my a constant hassie When will 1 be able to live a live where 1 don't need to worry about r_kncr~s where 1 We since1 have protectinn and De abie to gel my mail We a normal pevsall7 Eyen harneiess peopie are able to get their mail easier than me. 1 am this university so much money for my dorm and 1 don't even have the basic human right of being saie in that dorm room. Also 1 wnuid iike my meal pian refunded sinte 1 do not feel safe going the 1311: street dorm careieria to use nry meal plan 1 was afraid to do it for a month, but Gene [old me he was banned lrorri there so] was Just about to over come my rear 0f seeing him in that asteteria agam, mm the fear is back. Rob Lutemski fie/ToizoifiReehelie Gaston . Re'Mail Upo'ais From: Yo: cc: No le, James babe 3/15/2011 3:23 PM swim: Re: Mail update Hu-- lain writing to iniorm you that one piece ufyour mail showed up at The Health Center addressed to room. at Laeb (that so where they used no he located). ll was not 1st class so rt was not lorwamen. however, it raises the question as to what anoms your other mail is Ileing sent Perhaps you can check :he post oince to confirm that they have 135 E. 12th street room 3A asyour add1ess? Thank you. Also I have confirmed that -s on me PNG list at 13th Street. James, you may also want to check the-mailbox in Loch for anything addressed to-- Rob Rob Lutomski Director or Student Housing 0 Residence Life 79 5th Ave, firth Fiuar New york, NY 10003 (212) 22975459 11:19 AM Ida not km he has tried to enter meb Hall, butl know that security does not that he is banned from Loeb. How an they enforce a ban if security doesn't know that he is banned? newschoo du> 03/15/11 9:17 AM Hi- 1 am not sure or the details behind his case hut Iwiil alert the appropriate start that yau heileve he is entering Loeh Hall. Thank you iar informing me, On lnalMesa Toi Ru ert Lulu/r15 Subject: Dmblem that needs to be fixed immediately sent. Mar 15, 2011 11:29 AM [just that-is not banned horn Loebi I moved rur my safety and was promised protection, yet it turns out that I no not have the protection that was promised. You need to lix as soon 3 you read this email then try to figure out why this happened This is not OK lthought not haying mail was a problem, out now that I have discovered that my "proteaian" does not exist my top priority Is to restore my safety. Fixlnq cannot wait until 2:30 on Tuesday. should have never been an issue and now lam looking into bansrerring nut oi the university I ieel than am the problem auoent to the administration oi this but the reality is that must wanna live a normal rile and the administrauon is doing everything possible to make that not happen now regret reporting this since reportl it usr made my life a Dormant hassle When will 1 be able to live a normal liie where I don't need to worry about i knows where I live since I have protection and be able to set my maii like a normal person? Even homeless people are able to qet their mail easier than me. lam giving th's university so much money for my dorm room and I don't even have the basic human right of being sate in that dorm room Also] woqu like my meal plan lefurifled since I do not leel safe going to the 13th street norm cafeteria to use my meat plan. [was aliald us no lt for a month, but Gene told me he was banned rrom there sot was just about to over rame my fear or seeing him in that eaietena again, now the rear is back, Rob Lumm?(6/10/2011) Rachel/e Gaston 7 Re Mall Update Page 1 Robert ,drn. subject: Re: Mall update The mall sent to the Health center was junk mail accord/n9 to staff who found rt;, not first class, and thus was not forwarded Rob Drrector of Student Housth at Residence Llfe 79 5th Ave., th Floor New York, NY 10003 (212) 22975459 2:u2 PM They have th-roorn as my address, out 1 was told that the mallmom would put my mall ln-even 1/ 1t says-l th try to check the post omee tomorrow, but 1 don't know 1! they be able to ten. 1 be able to get me mad that the health center renewed" Also lam glad he ls FINALLV banned Than/(5' a a Robert 03/15/11 3'23 PM 1am to inlorm you that one prete a! your marl showed up at The Health center addressed to roan-at Leela (that so where they used to be located). 1t was not class so lt was not iorwarded. However, 4t rarses the odestron as to what address your other mall IS herng sent Perhaps you can check the post offioe to confirm that they have 135 E. 12th Street room-as your address" Thank you, N50 1 have tha_ ls on the PNG at 13th Street. James, you may also want to (heck the-marlhax 1/1 Loeb tor addressed Rob Rob Lutomski Drrector of student Hot. 79 5th Ave, Floor New Votk, NY 10003 (212) 229-5459 11:has thed to enter Loeo Hall, but 1 know that securlty does not know that he Is banned lrorn Loeh. How can they en/orce a ban lf seturrty doesn't knt1w that he ls banned7 03/15/119 17 AM Hl at Resrdenee Lire 1 am not sure of the detarls oehrnd case but 1 MI alert the approprlale start that you eel/eve he Is enter-no Loeb Hall, Thank you ior me. To: Regen Sumen pmhlem that needs to he hxed rmmediately sent Mar 15.211111229 AM (6/10/2011) Rachelle Gaston - Re, Mail Update inst alsmvered thatEs not banned lrom Leeb, I moved for my safely and was plomlsed protection, yet lums out that i do not have the pro on that was promised. You need to fix this as soon as you read the email then try to figure out why this happened. This 45 not OK. I though! not having mail was a problem, but now that I have discovered that my "prelecnon" does not exist my mp pricnty is tn restate my saiety. Fixing this cannot wait until 2:30 on Tuesday. This shnuld have never been an issue and now I am looking into transiernng out of the university. I ieel that ran the pmplem student to the adminisration of this school, taut the reality is that [just want to lwe a normal liie and the aamlnisiratian is doan everything possible to make that nut happen 1 now regret reporting this since reportin list made my Me a constant hassle, When will 1 be able ta live a normal lite where I don't need to worry about ir knows where I live sinne have protection and be able to get my mail like a nurmal Even homeless people are able to get their mail easier than me. i am giinng this university so ninth money lor my dorm room and don't even have the trasi: human right of belng safe in that dorm room Also i would like my meal plan relunded since do not reel sale going to the 13th street dorm caleterla to use my meal plan. I was alraid ta do it ior a month, but Gene told me he was banned item there so I was Just about to over Currie my fear oi seeing hirn in that caleteria again, now the rear is back. Rob 1 (6/10/2011) eachelle Gaston - Re Mall Updale Page1 kooert tutornsk. L1, Ju?|ln Date: 3/17/2o11 12-33 PM Subject: Re. Mall Update 1wll/ ask 11 they still have 1t, Thank you far your thoughfi on thls. PM Who are they to .1 my man 1s1unk mall? 1 rarely recelve 1unk mall and would Irke to be able to make mat oetennlnation mysell Slnte they oont know what mall 1 heel is lmpananl or not lmpoflant, 11 they threw away my mall that 15 oreaki 9 federal law slnoe they are tampering my mall. 1 want that o1 mar/ lorwaroeo so1can declde 11 lt .s junk or not, 1am 19 years old and can declde that myselr. Robert Lutomskl 03/17/11 10.26 AM The mall sent to the health Center was junk matl to stow who lound not first class, and thus was not lorwarded. Rob Lulomskl Dlrector of Student Housng Resmence me 79 5th Ave Floor New york, NV 10003 (212) 229-5459 "3/15/2011 2:02 PM They haye the corn as my address, out 1 was hold that the mallroom would out my mall 1n .even 11 1t say. 1 try to check the post office tomorrow, out1oont know 11 they be able to tell. Will 1 be able to get the hat the health center renewed" Also lam glad he 15 FINALLY banned. Thanks' Rnhen Lutomsk103/15/113:23 PM H1 lam wntmo to Noon you that one olece or your mall showed up at The Health anter addressed to won't Loeh (that so where they used to be located). It was not 1st c/ass so It was nol Vurwarded, However, it ralses the as to what address your other mall 15 [72an sent. Perhaps you can (hack with the post office to oonfirrn that they have 135 E, 12th street room .as your address7 Thank you Also 1 have cor/finned that-ls on the PNG 11st at 13th Street, James, you may also want to check the-malloox 1n toeh for anythan adoressed to-- Rob Rob Lulamskl Drrector of student Housan 51 Resldence Llfe 79 5th Ave Floor New York, NV 10003 (212) 22975459 1119 AM [do not know 11 he has tree to enter Loeb Hall, but 1 know that securlty ooes not know that he is banned ham Loan How an they enlorce a ban r/ securltv doesn't know that he 1s banned> - Re rMall Ugdale I am not sure of the details behind his case hm] Will alert the appropriate salt mat you believe he is entering Loeb Hall. Thank you for informing me. lnal Mesa To ms Su ecti problem that needs be fixed Sent: Maris, 2011 1229 AM [just discovered mat-is not banned Leela. I moved for my safety and was pmm'seti yet it turns out that i do not have the pm inn that was promised, Von need to fix this as seen as yau read this email then try to figure out why this happened. This is not OK. i thought not having mail was a problem, but now that I have discovered that my "protection" does not exist my top pricier is to restore my serety. Fixing this annot wait until 2:30 on Tuesday We should tiaye never been an issue and now i am looking into hansrerring out or the university. 1 reel that 1 am the problem student to the administration oi this school, but the reality ts that Ijust want to live a normal liie and the administration is doing everything possible to make that iml happen 1 now regret reporting this since repunm it inst made my life a constant hassle. When Will I be able to live a normal life where i don't need to worry about r-kmws where i live since i have protectiun and be able to get my mail like a normal person? Even homeless people are able to get their mail easier than me. i am giving this university so much money rar my darni mom and i don'teren have the basic human right of being safe in mat dorm room. Also would like my meal pian reiunded since] do not feel sire going to the 13th street dorm cafeteria to use my meal plan. 1 was airard to do it for a month, taut Gene mid me he was banned liom there so i was jug about to over come my rear oi seeing him In that cafeteria agaln, now the rear is back. Rob Luteinski W. (6/10 EMT) RWEEhells Gastqu - Robert 3/13/2011 59 PM Re: Mall update heard hack hunt the Health Can he lrern that was discarded was a mass an Mammography screening mat was addressed to you at Loeb Hall They would he happy ta arovrde you any you need on and we for carding this piece n'3m class bulk rnall Let rne know lr you there ls else [can do to new. larn glad to hear the P0 has your correct address now Thank you. Rob I utomskl Directaruf student Houslng 8t Residence Llre 79 5th Ave, lel Floor New York, NY 11111113 (212) 2295459 --/17/2011 12:22 PM who are they to declde tr my marl rs Junk rnall71 rarely recewe Junk mall and wauld we to be able to male that determinatlarr myself slnoe they don't knew what mall 1 reel ls lnlpaltant or not lnraartarrt. tr they threw away my mall that ls Metal law store they are tampering my mail. twant that plete or mall forwarded so [can declde lr rt ls lunlr or not. 1 am 19 years old and ran deelde that myselt Robert 03/17/11 1026 AM me marl sent to the Health Center was junk mall to star! who found it,, not first class, and thus was not forwavded Rab urreaor or Student Hauslng lat hesldenae Llle 79 5th Ave Floor New York, NY 10003 (212) 229-5459 2:02 PM They room as my address, outl was told that the rnallreorn would put my mall tn-euen lf lt say- I try to check wttil the post office tomorraw, mu 1 don't know ll they will be able ta tell. I be able to get the mall mat the health center rezeiveld') Also I am glad he ls FINALLY banned Thanks! Robert Lutornski 03/15/11 2:23 PM Ml am to lniornr you that one plane or your mall shnwed up at me Health Center addressed to room lat Lneh (that 50 where they Mix} '0 be located). It was not class 50 II was not forwarded. Hnwever, It raises (he qustlon as to what address your other mall ls belng sent perhaps you can cheat the post mice to confirm that they have 135 E. 12th Street room .as your addms? Thank you. Also I have confirmed that on the PNG llstet13th StreeL James, you may also want to aredr [himallbox [Deb ror addressed ROD Rob Lutomsla Dlrertnr of student ta Residente Llle @9H011jfigchelle Gaston 79 5th Ave, Fifth Floor New York. NV 10003 (212) 229--5459 1/15/2011 11:19 AM we not know if he has tried to enter Loeta Hall, but I know that saurity does not know that he is banned from Loan. How can they enforce a ban ir security doesn't know that he IS banned? <1 03/15/11 9,17 AM Hi-- 1 am not sure or the details iiehind his case hot i will alert the approgriate start that you believe he is enteng Loeb Hail. Thank you tor inrorniing me 77 on lnai Messa From To' Ruben Lmomskl Subiect: pmblem that needs It: be fixed immediately Sent: Mar 15, 2011 12.29 AM iiust distovered tha-s not banned from Leah. I moved for my safely and was promised pmectmn, yet it turns out than do not have the protection that was promised Ynu need to fix this as soon as you read lh's email then try to figure out why this happened. is not OK, ithotight not having mail was a prdoleni, but non than have discovered that my "nvmealun" does not exlsl my lap priority is U.) restore my salety. Fixing this cannot wan until 2:30 on Tuesday. This should have never been an issue and now 1 am luokmg into transleriing out or the universityJ feel that i am the problem student to the administration or this schaol, but the reality is that i Just want to live a normal life nd the adrniriisrration is dolng everything possible to make that not happen. 1 now regret reporting this Since reportin it usr made my Me a cement hassle. when will 1 be able to live a normal lite where i don't need to worry about where I live sinre i have piotertion and be aole to get my mail like a normal person? Even homeless peopie are to get their mail easter than me. i am giving this universny so much money tor my dorm room and i don't even have the basic human right of being sale in that dorm room Also i would like my meal plan rerunded since 1 do not leei safe going to the 13th street dorm caieterla to use my meal plan Iwas aflald to do it tor a monnt, out Gene told me he was banned lrorn there so i was iust about to over some my fear at seeing film in that sateteria again, now the rear is back. Rob Lutomskl mail Noble, James 3/15/2011 3:30 PM Re: important regarding mail I am sorry to hear you may still be having mall problems. [thought we had reccntiled this when we met With James Noble earlier. Just to summarize: 1. vou moved from Stuyvesant Park Resmenoe Loon Hall room -n February. 2. We then moved you ironi roolr_ as soon as we wmplehed renovath to the third floor. 1 It seemed we had conlusiun over where your man was flolng to Stuyvesant Park Residence-so we hold your mum Stuyvesant Fark, we continued to give you aucess to it, and when requested, Kelly Joyce was checking your boar at SPR and iorwaroinp mail far you to Lost; Hall. 4 Van still haw: access to your box in SPR needed. 5 If you feel you are missing magazineS, Please tell the Hall Dlrecmr of Loan. James Noble, and 1 authorize I'Ilrn to purmase ior you any magazines that might have been misplaced as we know they were sent from SPR. s. We do have a report from Health Services that a piece or Junk mail was addressed to you in was the old Health Service nflkes out raised me posaoiliry or an incurred address. You were then able confilm with the P0 that they now had the correct address on tile 7. lar as iuture mailings, NILE we have had no reports of missing mail noni any other students, siarr ur from our ornees in Lost) Hall Smne the start or the school year In August, 1 cannot fathom why we would suddenly have an issue with mail getting to you ir the P0 has your mired address now. If you feel mall is sill being addresefl lrinorreciiy to you or not delivered to you at all please let me or your Hall Director know am we invesngate this ior you with security it necessary Thank you ror writing and keeping me up to date on your mail. Sincerely, Rob Lummsiu Rob Lutuhiski Dlmdo! of scuoeril Housing Residence Life 79 am Ava, Film Floor New York, NY 10003 (212) 22975459 PM i have can a post ofioe and may have my riolir address. 1 now know that it is someone at Lozb that is messing up. If I do not know what the source or this problem IS and a solution by 2:30 rouay i will rail the posh! inspector to sun an investigation on why i cannot get my mail. ir my mail is being tampered legal action will he taken, 1 do not want to do this, hurl need medlczition, bills, and pay checks and those Will Slal't Coming in me mall soon. If I cannot "lose it wll' be a huge problem, You and Jones do not seem to pro/leis me with any answers on why this is happening or offering a pmanual solution. Thereiore, 1 am turned to strait the repairing process through the post aims in fix this pmhlem I deserve to live a normal life that includes me being able to 913 my bills, and paytnecirs via the mall without stress, Please respond by 2:30 with a solution so ldu not have to legal mm against the school. Thanks! WELCOME TO STUY PARK Welcome to The New School and New York City! We?re glad that you're going to be staying with us in the Stuyvesant Park community this summer! The following information will help to introduce you to the building and the surrounding area. The Residence Life Office The Hall Office is located on the SC Level and is typically open normal business hours during the week (see schedule on door). At night, there is an RA in this office 7pm?lOpm. The phone number to the Office is 646-414-6135. In the event of an emergency and you can't find someone in the office, the Security Desk number is 646-4l4~6447 and the RA duty numbers are 917-577?8682 and 646?208?4528. Building Staff The Stuy Park RAs are Katie AnitallF}, Su (2F), Alex (SF). Hannah Suzy (5F), Pat (6F). Dom Camryn Dan Ariel and lvan [1 The RAs are supervised by Head Residents Ashlee Miller and Mabel Frias and the building is managed by Hall Director Kelly Joyce. Security A Security Guard is stationed 24 hours a day in the first floor lobby. Residents must swipe their room key at the front desk every time they enter the building. Guests All guests {including family members} must be signed in with the security guard in the lobby. each time they enter or exit the building. All guests must provide a valid photo identification card to the security guard. The identification will be returned when the guestls} signs out. From 10 pm until 7 am. all guests are required to fill out an ?After Hours Guest Form." GUESTS WITHOUT to Will. NOT BE ALLOWED iN THE Please be aware that we cannot accept passports or credit cards as forms of identification. Please review the student handbook online for additional policies and procedures: forms 55 student in and book.p_ctf. Our Neighborhood There are three grocery stores nearby: Associated on i41h Street between 15* Avenue and Avenue A 0 Trader Joe's on l2'h Street between 3rd Avenue and 4th Avenue . Whole Foods in Union Square on l4lh Street For other items, there is: . Duane Reade Drugstore on the corner of 14*? Street and 3rd Avenue . CVS Drugstore on i? Avenue between i4th Street and 15'h Street . . For house wares, linens, etc, K-Mart is located on 9th Street between 3rd Avenue and Broadway. For electronics, visit PC Richards on i4Ih Street near Union Square. For school supplies, there is a Staples in Union Square. Popular Nearby food places: 0 Bagel Boss on 15' Avenue between 15fh and l?lh Street . Dunkin Donuts - closest one is on ist Avenue between 151h and i6?? Street . Starbucks closest one is on the corner of 15m Street and 3rd Avenue 0 City Gourmet Deli on 14?? Street between 2nd and 3rd Avenue . Hot and Crusty on the corner of 14?? Street and 15* Avenue . Artichoke Pizza on 14'h Street between isl and 2nd Avenue . Amici Pizza on 3rd Avenue between 121h and 13m Street Ruby?s Thai and Japanese on the corner of 15m Street and 1st Avenue Getting Around the City Most of the major subway lines are located nearby at the Union Square Station. You can take any of the following lines from this stationCheck out for more information about the subway and bus system. Also, is a website that provides subway, bus, and walking directions throughout the city. Doors, Lockouts, and Lost Keys Please make sure that your apartment door closes securely behind you when you leave your apartment. If you lock yourself out of your apartment, you should first try to find one of your roommates to let you in before contacting an RA. Anyone in the office or a RA on duty can assist you with a lockout. The On-Duty RA will be in the Hall Office between 7pm and lOpm. They can also be reached on cell phone the rest of the night. Each lockout after three lockouts during the course at the summer will also result in a $25 charge. if you lose your apartment keycard, there is a $25 charge to your account to replace. it. Laundry The laundry room is located on the LC Level. Use the Value Transfer Machine on the wall to purchase a laundry card and to add money using your credit card, debit card, or cash (only accepts 5's and l0's). There is no way to get money refunded from the card when you check out, so we recommend that you not put too much money on the card at a time. If you have any problems with laundry machines or accessing money on your laundry card, please call the number listed on the laundry card for the laundry company. Garbage Disposal and Trash rooms There are paper and metal plastic recycling bins in the recycling rooms on each floor. Garbage should be bagged in grocery?sized bags and placed down the trash chute. Do not place garbage in the recycling bins. Cardboard boxes should be flattened and placed in the corner of the recycling room. Furniture All university furniture must remain in your apartment. Any missing or damaged university furniture will result in a fine and/or disciplinary action. Phone Each Suite has a telephone provided that can receive free incoming calls. To determine your phone number you should dial 81 i. You can use a toll free calling card on this phone free. however other outgoing calls of any kind require purchasing a long distance plan with RCN. Mail, Packages, and Deliveries The mail is delivered each day to the Matt Room on the SC Level. It is sorted and placed in maitboxes by building staff. Each student will receive a personal mailbox. if you receive mail or a package that is too large for your mailbox, it can be obtained from the mail clerk between 6:30pm and 9:30pm. This information was included with your key card at check-in. The address for residents IS: Resident?s Name 318 E. 15*h Street Box New York, NY 10003 When you move out of the building, you are reSponsible for filling out a change of address card (online: and updating your bank statements, magazine subscriptions, etc. Mail that comes to your old address will be returned to sender. If you receive mail that is not for you, please give it to the mail cterk or an office staff member. Packages arrive in the mailroom and are signed for by office staff. Notifications will be emailed to students? New School accounts. All packages must be signed for by the recipient and can be claimed during posted hours. Have a Great Semester! Residence Hall Handbook Welcome On behalf of all my colleagues in Student Housing Residence Life and Student Services, welcome to The New School and your new campus home! We are thrilled you are here, and I want you to know that every member of our department is committed to working with you to ensure your residential experience with us is comfortable, safe, enjoyable, and productive. Students living in New School's residences and apartments can expect to be immersed in a vibrant social and learning environment. Our housing options provide an array of living choices from traditional undergraduate residence halls to more independent, suite-style and apartment living to meet the diversity of our undergraduate and graduate students' needs. There will be activities in each building to help get you quickly connected to other students, and to all of the services our campus offers. Our professional Student Housing staff will offer you opportunities for learning and personal development presented by knowledgeable and skilled facilitators. Your RA or l-lead Resident will invite you to help plan and participate in social and educational programs as well. We encourage you to take advantage of these opportunities to learn more about yourself and your neighbors, to open yourself up to new ideas, to enhance your academic and artistic performance, as well as just to relax and have fun. Meanwhile, just outside the door to your campus residence, is New York City and all of its rich cultural offerings for you to explore with your new friends. New School students come from New York City, across the state, throughout the country, and around the world. You will be living with scholars, artists, musicians, and actors with different lifestyles, interests, talents, traditions and backgrounds. A residential community absolutely depends on the good judgment and considerate behavior of all its members. Tolerance, respect, cooperation, and personal responsibility are essential qualities for any community to function smoothly. If any members of our community forget these essential elements, our well trained live-in staff is here to quickly remind and guide them. l?his handbook contains useful information about our policies and procedures, as well as helpful hints to guide you through your residential experience. We believe that by working together, your living experience will be liberating; helping you to achieve maximum results in attaining your personal and academic goals. We hope you enjoy your stay with us and we wish you the very best in all of your pursuits at The New School. Sincerely, Rob Lutomski Director, Student Housing Residence Life Student Housing 85 Residence Life The Office of Student Housing Residence Life is responsible for all residences and leased housing communities, including staffing, activities, programming, and administration. Additionally, this office is responsible for managing applications, assignmens, billing, and facilities management, The Office is located at 79 Fifth Avenue, 5th Floor, and is open Monday - Friday The telephone number is 212.229.5459x3611 and the fax number is 212.229.5410. A departmental directory is located in the Appendix of this handbook. Student Housing 8c Residence Life Staff Resident Advisers (RAS) The RAs are talented and motivated student leaders who possess excellent interpersonal skills and genuine interest in helping others. RAs serve as valuable iesources and are available to answ er any questions regarding academic, social or personal issues RAs are pee1 counselOis, acting as role models f01 the residents RAs are selected in the spring semester for the follow mg academic year. Head Residents Head Residents (l-le} graduate students who assist the Area Coordinator, Residence Hall Directors, and the Office of Student Housing Residence Life in managing our residential facilities. The 1 15 responsible for the well-being of the residents of his her building and is the liaison among residents, the Office of Student Housing 8: Residence Life, and RA staff. Residence Hall Directors The Residence Hall Directors D) are full-time professional staff members who work closely with the RAs and the Director of Housing and the Assistant Directors to establish and maintain a residence hall environment that is conducive to the academic and personal growth of each resident and is consistent with the goals and objectives of The New School. The Rl-le supervise the RAs and work with them to initiate programs and activities in the residence hall, respond to problems and emergencies of any kind, and en force the policies and procedures that govern the building. The RHDs live in the buildings and maintain regular office hours, which are posted at the Hall Office of each residence hall. Area Coordinator The Area Coordinator (AC) is a full-time professional staff member who works closely with RH 05 and HR staff. The AC is based out of the William Street Residence Office and works closely with the William Street RA staff and resident population. Programming serves as a large functional responsibility for the Area Coordinator. The AC promotes student programming through the residence hall councils in collaboration with the Assistant Director for Residence Life and the Residence Hall Directors. The AC also serves as the designated departmental liaison with the Office of Student Development 3: Activities to promote and coordinate develoPnien tal programming initiatives within all residence halls. Assistant Directors of Housing The Assistant Director of Housing Operations coordinates the annual housing selection process, new room assignments and assists the Director in matters related to facilities, security and billing. The Assistant Director for Residence Life supervises all aspects of student and professional staff selection, training, and departmental programming, and serves as a liaison to the Office of Student Rights and Responsibilities. The Assistant Director for Summer Programs at: Housing Services coordinates summer housing and conference groups and special projects throughout the year and serves as the liaison to the campus events planner. Director of Student Housing 8L Residence Life The Director of Housing supervises all aspects of the Office of Student Housing lit Residence. The Director of Student Housing 8: Residence Life is assisted by the three Assistant Directors and an Area Coordinator (see above). Resrdence Hall Emergency Response System Each night to the next morning) in our undergraduate residences, an RA is onwduty to facilitate lockouts, work order requests, and assist in emergencies. The RA On-Dut?y schedule is posted at the Hall Office, Security Desk, and throughout each residence hall. If 'a resident requires emergency assistance and the RA On-Duty is not available, he/ she should contact the Residence Hall Security Desk. On weekends and during holidays when university offices are closed, an RA is on-call for emergency situations and can be reached anytime. in addition to the RA On-Duty in each building, the RI-le, HRS, the Area Coordinator and Assistant Directors of Housing are on-call during evening and weekend hours to assist with any emergencies in the dorms. Building 5114111011442 Gn?Duly .Si6666un666666Desk 1311166566461 66:646 414 2671 66 6.6466. 533 7301 {646.414. 2699 60666146116666 6212229116241 665646.533.729866266464140700 Street 65664616 4146. 0232 6 6 56465336732626 6464146261166 {62011136641 6 i646 4614 6050 6 6 411.116.1111.. 21:33:64: 56236666661666 6 ?$646 414.6050 326494.44 66 {14/261666 6 66 Community Development Residence Life Programming Each RA plans programs specifically for his/ her floors and residential Community. Additionally, Hall Councils plan building?wide programs. We hope you will not only attend hall events but also parlicipate by suggesting ideas and helping the staff with the actual planning. The more involved you are with the types of events that are planned, the more you will enjoy your residentiai experience. Residence Hall Meetings Floor and/ or building-wide meetings may be held several times a year. Attendance at these meetings is mandatory. You will be responsible for informing your RA if you are not able to attend a meeting. Residents are held responsible for all information discussed at any meeting they fail to attend. The purpose of these meetings is to provide all residents with important information and to have the opportunity to discuss residence hall community issues. If you miss a meeting, be sure to talk with your RA. The Residence Halls Residence Hall Deseriptions 'cfra 513th Street Residence Hall - (I 118 West 13th Street New York, NY 10011 :The 'lBth Street Residence Hall is a 175?resident traditional?style residence hall on a gquiet residential street. 13th Street is designated for fi rst-year-studen ts. Students share {common floor bathrooms. The 13th Street Residence Hall Cafeteria is located in the lower level. 13th Street has a professional Residence Hall Director and 6 RAs. Lzoeb Residence Hall E135 East12tl?l Street New York, NY 100 3 iLoeb Residence Hall is a 252-resident, suite-style building 10cated in the East Village. gThe Student Health Services Center is located on the first floor of Loeb l-lall. Loeb I-lall is designated for primarily upper-class undergraduate students . Loeb Hall has a [professional Residence Hall Director and 7 RAs. ?20th Street Residence Hall 600 West 20th Street New York, NY 10011 .20th Street Residence Hall is a ZOO-resident suite-style residence hall located in the Chelsea district. 20th Street Residence is designated for primarily upper-class undergraduate students. 20th Street has a professional Residence Hall Director and 5 ?William Street Residence Hall 384 William Street New York, NY 10038 .Wil'liam Street Residence Hall is a 416?i'esident suite?style residence hall located in die Financial District, a few blocks from the South Street Seaport. All major subway lines 'gare within a two? to three?block radius of the residence hall, making it easy to get . anywhere in the city within minutes. William Street is designated for primarily upper- Eclass widergraduate, graduate, and AAS students. William Street has a professional ?_Area Coordinator, at Head Resident, and 8 RAs. Qg EStuyvesant Park Residence .318 East 15'h Street, New York, NY 10003 gStuyvesant Park Residence is 647?resident suite?style residence hall located on the East .side of Manhattan within walking distance of campus. Stuyvesant Residence is idesignated for ?rst-year-students. Stuyvesant Park has a professional Residence Hall Director, 2 Head Residents, and 12 RAs. I23rd Street New York, NY 123'? Street is an apartment building in the Chelsea neighborhood of Manhattan, on 23?? {Street between 7th and 8?1 Avenue. These apartments are all two-person studio apartments and are designated primarily for graduate and AAS students. The Office of Student Housing (it Residence Life leases additional facilities as needed to house students. Living in the Residence Halls 85 Apartments Items You Should Bring I Bedding/ Linen 0 Sheets Pillow Pillow Case Blanket(s) Towels Washcloths I Toiletry items 0 Soap, Shampoo, Toothpaste, Deodorant, etc. 0 Shower caddy to carry toiletry items to the bathroom I Things to make your room more comfortable 0 Posters, Pictures of Friends/ Family 0 Personal Mementos I Convenience items 0 Phone, Stereo, Radio, TV, DVD player, Computer (with Ethernet card), Ethernet cord I Miscellaneous 0 Alarm Clock 0 Laundry Aids (laundry bag, soap, dryer sheets, etc.) UL-listed Power Strips (with breaker switch) for electrical items 0 Flashlight [-Iint: Consult with roommate(s) to avoid unnecessary duplication. This will save space in your room. Items Not Pennitted I Any cooking appliance that does not have an auto?shutoff or timer function (buildings with kitchens) I Hotplates (or any other cooking device with an open coil) and grills (ex. George Forman grills) I Space Heaters I Candles or incense I Halogen lamps I Window screens I Air Conditioners (except those installed by The New School where appropriate) I Pets of any kind (including, but not limited to, fish, birds, or any other animals that live in cages or tanks) I Weapons (including, but not limited to, explosives, knives, chukka sticks, decorative swords, pellet guns, or firearms) I Waterbeds I Live trees of any kind I Flammable or combustible materials like turpentine, paint remover, lighter fluid, gasoline, propane, natural gas, kerosene, motor oil, etc. - Spray paint and fixatives Room and Roommate Assignments Housing information is sent to students starting in July. Every effort is made to place a student in his/ her first choice building and or room type or with a roommate who shares similar interests and living habits. Unfortunately, the number of student requests far exceeds the number of available beds in a given residence hall or room type. Generally, roommates are assigned to rooms based upon the behavioral attributes outlined in the housing application. Honest answers bear great impact upon the assignment process. Wherever possible, specific roommate requests will be granted if both parties have requested one another. If time permits, each resident will receive the name and email address of his or her roommate before arrival. Roommates should use this opportunity to get to know one another and to discuss plans for bringing items to campus. The Office of Student Housing 6: Residence Life believes that honesty, mutual respect, consideration, open communication, understanding, and compromise are the key elements in learning to live productively with a roommate. It is important to recognize that each person is unique, requiring space for privacy and freedom of expression. Roommates need not be best friends, but they must respect each other and share responsibility for their relationship. Roommate Suitemate Responsibilities 8t Agreements You-r enjoyment of life in a residence hall will depend to a large extent on the thoughtful consideration that you and your roommates/suitemates demonstrate for each other. If you are having difficulty with your please talk to your RA or HR for conflict/ mediation tips and/ or for help mediating a discussion. Each roommate suitemate possesses the following rights. Additionally, each roommate is responsible to help ensure that these rights exist for their roommates suitemates. I The right to .read, study, and sleep in their room with as little disturbance as possible. I The right to expect that roommate/ suitemate(s) will respect one's personal belongings. I The right to a clean environment in which to live. . The right to free access to one's room and facilities without pressure from the I The right to be free from physical or emotional harassment. I The right to speak openly and be treated considerately and thoughtfully. - The right to address problems and concerns in a mature manner. Roommate Con?ict Mediation Procedures Our staff may assist individuals experiencing roommate problems. Please follow the process outlined below: 3' When dif?culty arises between roommates suitemates, you should try to work out your differences by scheduling a room suite meeting and filling out a roommate/suitemate agreement form. If the problem cannot be resolved easily, a RA should be notified. I The RA will help to facilitate a dialogue and attempt a resolution. in the event that a resolution is not possible, the RA will notify the HRwill review the situation to decide what the next step in the mediation process will be and consider other possible solutions. I In a Roommate conflict situali on where Housing Staff feels the conflict is irreconcilable or violence is a possibility, all Roommates or Suitema'les involved could be relocated immediately. Housing 86 Maintenance Services Laundry Facilities Laundry facilities are provided at Loch Hall, '13th Street, 20th Street, Stuyvesant Park, and William Street. Residents of these buildings have access to value-card-operated washers and dryers. Please be considerate of other residents by removing your laundry from the washers and dryers when finished. The 23'? Street Residence has commercial laundromats nearby. Loeb, 13th St. and Stuyvesant Park Residents, can view laundry room and machine status online by visiting Lock Outs The RA On-Duty is available during duty hours to unlock a room or suite in the event a resident is locked out. Lockouts are tracked by the staff. If a resident accumulates more than three lockouts, the resident will be charged $25 to his/ her Bursar account for each additional lockout. Lockouts after midnight are performed in emergency situations only and will automatically result in a $25 lockout charge. Housing Staff will not open a door to a room in which a student does not live. Neither the Security Desk nor the maintenance staff may provide lockout service or access to rooms/ suites. 23rd Street: When locked out at this complex, residents should first ask for assistance from the doorman to the building. He will then advise as to steps to be taken depending on the time of day. A student who loses his/ her room or mailbox key is subject to a $100 lock change charge (or $25 keycard replacement). If a resident loses his/ her room or mailbox key (or if a key is stolen), he/ she should talk to the R'l-iD, l-lR, or RA on-duty immediately. Keys and key cards remain the property of The New School. A resident may not lend nor duplicate keys or keycards- to anyone. In order to promote safety and security, each resident should keep their room suite door locked and carry their keys or keycards and ID at all times. Mail in most cases, mail is delivered Monday - Saturday and sorted in your building?s mailboxes. Mail, packages, and or deliveries cannot be accepted prior to check-in. instructions regarding mailbox access and package retrieval will be available atyOur residence hall during check?in. The New School is not responsible for lost, stolen, misdirected or damaged mail, parcels, or packages. If you are expecting an important package, please make sure you are available to receive and sign for it when delivered by the US. Postal Service or other courier (eg. FedEx, UPS, etc). Mail Forwarding service is not provided after a resident moves to another room suite, residence hall, or out of the dorms. Students should update all banks, magazine subscriptions, etc. when moving. Also, students should update their mailing address with The New School through the Registrar?s Office or online through ALVIN (alvin.newschool.edu). Telephones At Loeb, 13th Street, 20th Street, Stuyvesant Park, and William Street Residence Halls, each room or Suite has a telephone number and each roo suite has a telephone. Incoming, 911, and inter-building telephone service and voicemail is provided free of charge through RCN. To set up voicemail, students simply need to dial *9 from their phones. Residents may also contract for outgoing local and long distance service by filling out the necessary paperwork at their residence hall office. The intercom system is the only way that the front desk will announce guests and or deliveries. To reach another room with RCN telephone service, simply dial the last 5 digits of the person's phone number. If you contract for outgoing telephone service, you will dial 8 the ten digit number to each an outside line. Students at 23rd Street Apartments who wish to arrange for local and long distance telephone service can contract through Verizon or RCN Internet Access At Loeb, 13th Street, 20th Street, Stuyvesant Park, and William Street Residence Halls, each resident is provided with an Ethernet jack for internet access. Students must provide their own properly configured computer and l0/ 100 Ethernet cable. For more information about system requirements, visit at/ network/dormitOries or call the Help Desk at 2l 2.2295300 x2828. In order to provide a secure netw0rk, the IT department requires that students have the latest System updates and anti- virus software installed on their computers. Students must show proof of compliance by making an appointment to have an IT technician check their computers. The IT Help Desk may be reached at 212.229.5300 x2828. To ensure prompt service, make sure you leave your Full name, building and room/suite number, and a call back number. Residens of the 23rd Street Apartments may contract for In ternet service in their rooms through RCN (rcn.com), Verizon for dial~up or DSL or Time Warner Cable for cable modem service. Cable TV Cable TV service is provided in each room suite at Loeb, 13th Street, 20th Street, Stuyvesant Park and William Street. Simply connect your TV to the cable TV wall outlet. Channel lineups are viewable at Residents the 23rd Street Apartments may arrange for cable TV service through Time Warner Cable The common area lounges in each residence hall (except 23rd Street) have a television with cable TV service. Security 8L Guest Policies A security officer is posted in each residence hall 24 hours a clay. Street has 24/7 doormen on duty. The security officer monitors the guest policy and assists when emergencies arise. Each resident is required to Show their valid New School identification card upon en try into a residence hall. Security officers are also responsible for enforcing the guest policy and for checking ID cards. Any attempt to argue with, intimidate or harass a guard will result in disciplinary action. Security can be reached through the room suite intercom or by calling your residence hall?s front desk. If you have any comments regarding security services, please direct them to your No student is allowed to enter or leave a residence hall by any means other than the front door. Security systems and door alarms exist at the emergency exits throughout the residence halls and on the roofs. Emergency doors are not to be propped open. if you see a stranger in a hallway, or you witness harassment by anyone, contact the residence hall staff or Security immediately. Give your name, room number and the room numbers near the location of the incident. Do not intervene in the situation on your Security-Related Suggestions Do not leave your room suite door open or unlocked, especially when you are not there. . Do not sign in people you do not know as guests to the building. . Each resident is responsible for his or her guests behavior and actions while in the residence hall. I If someone or something appears suspicious, immediately contact the RA on-duty or security. . Protect your personal property by acquiring appropriate personal property insurance coverage. Message-Taking: The residence halls, security desks and the Office of Student Housing 8: Residence Life do not provide message-taking services. However, the security desks in the residence halls will accept incoming calls in emergencies. Guest Policies: All guests must be signed in and out by the host resident at the Security Desk. All guests must provide valid photo identification (IDs may not be expired). Any request to have a guest under the age of 16 must be approved by the RHD or AC in advance. Residents may sign up to 3 guests at a time during the day. From 10pm-8am, no more than 2 guests will be permitted per room. Any guest signing in after 10pm must fill out the After Hours Guest Registration form. A resident may only have ovemight guests for a maximum of 3 nights in a 7-day period or 7 nights in a 30-day period. For additional guest policies, please refer to the Residence lall Policies section. Street Apartments: There are no security guards stationed at your entrances, so students are expected to follow the honor code in relation to guests and respect their fellow residents. If a student expects an overnight guest, he/ she should fill out an overnight guest form, available in the lobby of the building or from the central Housing Office in 79 Ave., fifth floor. The form requires the signatures of all suitemates consenting to the guest visit and should be turned in to the appropriate Head Resident. All individuals must be able to be accounted for in case of emergency (ex. Fire evacuation, etc). Any student found in violation will be subject to disciplinary action and could be removed from housing. Questions should be directed to your Area Coordinator. Elevators The passenger elevators in the residence halls are used heavily every day. Breakdovms are costly and inconvenient. Please follow these practices in order to avoid an occurrence of breakdowns: I Do not hold the elevator by holding open the door. I If you need to hold the elevator open, use the button. I Do not push the elevator doors open after they begin to shut; use the button or just let them close. I Do not overcrowd the elevator cab. I Do not smoke in the elevator cab. Smoking in the elevator will set off the fire alarms. Disabilities-Related Accommodations Students are encouraged to read all disability-related information in the Student landbook and online at studentaffairs/ disability. Students with disabilities, who require disability-related housing accommodations and have not yet made an official request, should contact the Office of Disability Services (212.229.5626 x3135 or sdsvunewschooledu) for detailed information as to required information and documentation. Requests and supporting documentation are reviewed by the Housing Accommodations Committee, which consists of administrators from the Offices of Student Housing Residence Life, Student Health Services, Student Counseling Services, Student Disability Services, and Student Rights and Responsibilities. All submitted documentation is kept on a confidential basis and does not become part of a student?s permanent record. Insurance Basic Health Insurance: All students in the residence halls are required to carry health insurance coverage. Basic Accident insurance is provided through the Student Health Services Center. Questions about the services provided by the Student Health Services Center can be made at their office, located in the lobby of Loch Residence Hall at 135 East 12th Street, or by calling 212.229.1671. Personal Property Insurance: While every effort is made to provide a healthy and safe environment, the Office of Student Housing Residence Life assumes no responsibility for the personal property of students. This includes damage, loss, theft, fire, water damage, ?ooding, or personal injury. Students are strongly advised to have all of their personal property protected against theft and other loss by an appropriate individual or family insurance coverage. If your parents have a policy for their home or apartment, ask whether your room can be included in that policy. Repairs 8: Damage Billing Repair Reporting Procedures: Residents should report all maintenance problems to their Residence Hall Office, or to the RA on-duty. The RA will provide you with a Maintenance Work Order form to fill out. Residents should not attempt to make maintenance repairs themselves. Maintenance staff is available to attend to routine matters. Do not let a routine maintenance matter become an emergency. Emergencies are costly to rectify and result in great inconvenience to all. Emergency Maintenance Requests: Residents should report maintenance emergencies to a member of the residence hall staff immediately. During daytime hours, if residence hall staff is unavailable, alert the security guard building?s lobby of your building. Extermination Requests: Residents may not refuse a visit by the university's contracted exterminator unless a medical exemption is on file at the Office of Student Housing 8: Residence Life. A room that is passed ever may adversely affect the entire residence hall community. Students are required to move their furniture away from the walls when the exterminator visits. Room Condition Reports (RCRs) Each resident will receive a Room Condition Report (RCR) form at check in. This form should be reviewed and completed immediately and carefully. It will be used again at check out to determine any damage costs. The RCR must be signed and returned to the RA within 24 hours after check in. Failure to do so will result in liability for all room damages including those present at check in. Property and Common Area Damages Rooms/suites should be kept clean and in good condition. Each resident is r85ponsible for maintaining a safe and healthy living environment, which includes a clean and hazard-free room/ suite. Any damages beyond normal wear and tear noted on the RCR will be charged to the resident's Bursar account. When responsibility for damages cannot be determined, the damage charge will be split equally between the roommates and/ or suitemates. All residents of a ?oor or building may share joint reSponsibility for loss or damage to common areas. Disciplinary action may be taken against residents who are involved in deliberate damage. Furniture . Furniture provided by the university may not be re moved from rooms, suites, lounges, or common areas. Residents are not allowed to bring in any outside furniture to their rooms. Special needs may be addressed with the RED or. To have an exception considered you must be able to produce a receipt to prove that the furniture was purchased and is in new. Windows Students may not place any items in their windows or on window ledges. This includes, but is not limited to, air conditioners, window screens, fans, plants, etc. Any item that has been installed by the university as a fixture of the residence hall (including, but not limited to, air conditioners, safety bars, etc) may not be removed. Any student found responsible for having placed an item in a window, having an item fall from a window, or throwing an item from a window will to disciplinary action, which may include removal from university housing. Any student found responsible for entering or exiting a building through a window will be subject to disciplinary action, which may include removal from university housing. Fire escapes may be used during emergency situations only. Decorations Students are encouraged to decorate their rooms in a way that is pleasing to them; however, painting and/ or permanent alterations to rooms/ suites are not permitted. The use of screws, bolts, nails, tacks, glue, or other adhesive on furniture, walls, ceilings, woodwork, or doors is prohibited. Any material that leaves marks on walls or furniture is not permitted. Application of wallpaper, wall-paneling, or the installation of exterior antennas or aerials are not allowed. Damages to walls or other surface areas will be assessed at check-out time and charges will be issued to cover the cost of repair. All decorations must be non-flammable materials and may not cover or block exits, exit signs, lights, fire extinguishers, carbon monoxide detectors, or ceilings. Live trees are not allowed. Decorations may not be attached to fire safety equipment (such as sprinklers, fire alarms, emergency strobe lights, etc.). Neon signs may not be mounted in windows. Decorations are permitted on room suite doors, but cannot restrict entry or egress. Room Inspection Room Entry Two to three times a semester, Housing and Maintenance staffs conduct inspections of common areas and rooms/ suites for safety, health, inventory, and damage assessment purposes. Rooms also may be entered to determine necessary repairs and to exterminate pests. Whenever possible, students will be notified before entry. The Office of Student Housing Residence Life believes in the right to privacy. However, if a situation warrants, Housing staff reserve the right to enter a room or suite without notice. Such entry will take place when there is a threat to the health or safety of any resident. A y. resident who wishes to file a complaint regarding this issue should contact the Assistant Director for Residence Life. Residence Hall Damage Assessment Below are the estimated charges for any extra cleaning or damage to university property. These charges are subject to change at any time based on expense of repairs and services rendered. Damages are usually assessed when a resident checks out. To avoid charges, report any discrepancies on your Room Condition Report and complete a Work Order so that repairs and replacements can be made. :iDamageS? Structural gWindow ?Wa11h51?? EE :Bathrobm sink . Telephone Ethernet ;FlooEr EToilet gasses/14.11 fEkitEcheiiEsihl?E" EKnchenCabinets {Damages Funnture :TEEable iEChai-r EE frame EE {Mattress Dresser Wardrobe Desk, 1ncludmg hutch gLadder EE ?$200 . 33550 pel hole EssanE SEESO perc ]?lCl< 5450 per room EE E33400 E?ssoo f$300 $400perEcabinet "'s?soE iizoo ;$150 EE Wiseso Ef$400 Damages. Fixtures ELiEght fixture :Window blinds/ curtains :Door flan-1e Door Lock EE EE smoke E8: CEO Detectors Bathroom Mirror Trash Can Damages Appliances iStove Refrigem tor Microwave en EE 5550 per f1x lure 55100 per panel per door 15100 per locl35, graces, and mare. Student Services Stud em. Seances can 7w In! stun-112m cn Sludenl Nous-730. "gash Seams, Sen/4.29.5, Corner engrapmm:_ Flnonclel 5I9w ?89, and mom .. Office of the Registrar De v3.1 need L-) drop or add a c'acs? 0c- ycu have cred-ts you new. L-ensrer? Tm: Qf? neg! ghe Remsgnarj can hezp ycu th your "cannon atltl en'cilnren: needs. 20!! the New Schoul Eugene Lang Colieqe The New Schasl for Liberal Arts, 65 West 1 uh Street? New York, NY 100:: 6/1 5/201 1 - University ersity Policies (18,Academics Admissmn 4) h! a? Academic Freedom: Free Exchange of Ideas An abiding commitment to preserving and enhancing freedom of Speech, thought, inquiry, and artistic expression is deeply rooted in the history of The New School. The New School was founded in 1919 by scholars responding to a threat to academic freedom this country. The University in Exile, progenitor of The New School for Social Research, was established in 1933 in response to threats to academic freedom abroad. The bylaws of the institution, adopted when it received its charter from the State of New York in 1934, state that the ?principles of academic freedom and responsibility have ever been the glory of the New School for Social Research.? The New School, since its beginnings, has endeavored to be an educational community in which public as well as scholarly issues are openly discussed and debated, regardless of how controversial or unpopular the views expressed are. Providing such a forum was seen, from the ?rst, as an integral part of a university?s responsibility in a democratic society. The New School is committed to academic freedom in all forms and for all members of its community. It is equally committed to protecting the right of free speech of all outside individuals authorized to use its facilities or invited to participate in the educational activities of any of the university?s schools. A university in any meaning?rl sense of the term is compromised without unhindered exchanges of ideas, howover unpopular, and without the assurance that both the presentation and confrontation of ideas takes place freely and without coercion. In this context and because of its educational role as a forum for public debate, the university has deep concern for preserving and securing the conditions that permit the free exchange of ideas to ?ourish. Faculty members, administrators, staff members, students, and guests are obligated to re?ect in their actions a respect for the right of all individuals to speak their views freely and be heard. They must refrain from any action that would cause that right to be abridged. At the same time, the university recognizes that the right of speakers to speak and be heard does not preclude the right of others to express differing points of view. However, this latter right must be exercised in ways that allow speakers to state their position and must not involve any form of intimidation or physical violence. Beyond the responsibility of individuals for their own actions, members of the New School community share in a collective responsibility for preserving freedom of speech. This collective responsibility entails mutual cooperation in minimizing the possibility that speech will be curtailed, eSpecially when contentious issues are being discussed, and in assuring that due process is accorded to any individual alleged to have interfered with the free exchange of ideas. Consistent with these principles, the university is prepared to take necessary steps to secure the conditions for free speech. Individuals whose acts abridge that freedom will be referred to the appropriate academic school for disciplinary review. Equal Employment and Educational Opportunity The New School is committed to creating and maintaining an environment that promises diversity and tolerance in all areas of employment, education and access to its educational, artistic or cultural programs and activities. The New School does not discriminate on the basis of age, race, color, gender or sexual orientation, religion, religious practices, mental or physical disability, national or ethnic origin, citizenship status, veteran or marital status. Inquiries concerning the application of the laws and regulations concerning equal employment and educational opportunity at The New School (including Title Vl-equal Opportunity regardless of race, color or national origin; Section SO4?equal opportunity for the disabled; and Title IX- equal opportunity without regard to gender) may be referred to: The Of?ce ofthe General Counsel, The New School, 80 Fifth Ayenue, Suite 800, New York, New York 1001]. Inquiries may also be referred to: the Office of Federal Contract Compliance Programs, US. Department of Labor, 23 Federal Plaza, New York, NY 10278 or the US. Equal Employment Opportunity Commission (EEOC), New York District Of?ce, 201 Varick Street, Suite 1009, New York, NY 10014. For individuals with hearing impairments, TDD number is (212) 741-3080. Students or employees who believe they have been discriminated against on the basis of a disability may contact their Division?s Dean Of?ce, their department director, or the Office of the Senior Vice-President for Human Resources and Labor Relations, who is the university disability of?cial. Family Educational Rights and Privacy Act The Family Educational Rights and Privacy Act of 1974, with which The New School complies, was enacted to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for correction of inaccurate or misleading statements. The New School has established the following student information as public or directory information, which may be disclosed by the institution at its discretion: student name; major ?eld of study; dates of attendance; full- or part-time enrollment status; year level; degrees and awards received, including dean?s list; the most recent previous educational institution attended, addresses, phone numbers, photographs, email addresses; and date and place of birth. Students may request that The New School withhold release of their directory information by notifying the Registrar?s Office in writing. This noti?cation must be renewed annually at the start of each fall term. The Family Educational Rights and Privacy Act (F ERPA) affords students certain rights with respect to their education records. These rights include: The right to inspect and review the student?s education records within 45 days of the day the university receives a request for access. 73 CHERM INSTITUTE RESPONDING TO CAMPUS SEXUAL MISCONDUCT Presented 5y Saumfm K. Sc/iuster, ?rett?. Solicibw, . 7 a Lewz?s? 0 t?r' 4, - J. a? rag? v" 4245~21The Legal Landscape 2010 NCHERM all rights reserved TITLE IX 20 U.S.C. 1681 34 C.F.R. Part 106 (1972) L3 Title IX of the Education Amendments of 1972 is a comprehensive Ci lf?l federal law intended to end sex discrimination in all areas of education Title IX made non-discrimination based on gender a condition of participation in federally funded education programs Title IX guarantees equal access to educational programs funded by the federal government and applies to all recipients of federal funds both public and private institutions, though there are religious exemptions 2010 NCHERM all rights reserved MORE ON TITLE IX It applies to educational program equity, such as in athletics, and also to sexual harassment and sexual assault m. Although Title IX applies to gender discrimination, like Title VII, it did not recognize sexual harassment as a form of discrimination until 1992 (Franklin v. Gwz?nnett Public Schools) 20l NCHERM all rights reserved SIGNIFICANT CASES Franklin v. Gwinnett Public Schools Gebser v. Logo Vista Davis v. Monroe County Bd of Education 2010 NCHERM all rights reserved Franklin v. Gwinnett Public Schools US. Supreme Ct. (Feb. 26, 1992) In 1992, the US Supreme Court decided Franklin v. Gwinnelt County Public Schools, which established that sexual harassment constituted sex discrimination under Title IX. Gwinnett also provided a private right for recovery of monetary damages under Title IX Gwinnett did not address issues concerning the educational institution?s liability 2010 NCHERM all rights reserved . er v. ago is to p. School U.S. Supreme Ct. (June 22, l998) Case involved a faculty/student sexual Supreme Court created a high standard that a student must meet in order to prevail on a sexual harassment claim against the institution when on employeezstudent consensual relationship is the basis of claim. Ct. said you cannot recover monetary damages against the school unless the behavior has been reported to someone with the power to alter the situation (?actual notice?) and a ?deliberate indifference? has been demonstrated by the school. 20] NCHERM all rights reserved . Th reeofficial of educational institution must have had ?actual knowledge? of harassment; the official must have authority to ?institute corrective measures? to resolve the harassment problem; AND the official must have ?failed to adequately respond? to the harassment and, in failing to respond, must have acted with ?deliberate indifference.? 2010 NCHERM all rights reserved [3 Davis v. Monroe County Bd. Of Education U.S. Supreme Ct. (May 24, 1999) Prolonged pattern of student-to-student sexual harassment of a 5Th grade girl by one of her classmates. Parents complained to 3 teachers principal The school took no action until the boy was charged w/ and pled guilty to sexual battery Filed Title IX action, alleged that persistent harassment and deliberate indifference resulted in her inability to attend school and participate in activities 2010 NCHERM all rights reserved Significance of Davis ruling: Supreme Court applied same standards to find the institution liable for damages as in the Gebser case: the institution must have ?actual of the harassment; and the institution must have responded to the harassment with ?deliberate indifference?. Additionally court held: 1. Harassment must be ?severe, pervasive, and objectively offensive,? and the indifference ?systemic,? to the extent that the victim is deprived of educational opportunities or services. 2. Justice O?Connor added a framework to determine deliberate indifference stating that deliberate indifference constitutes a response that is ?clearly unreasonable in light of the known circumstances?. 2010 NCHERM all rights reserved Three ways a student ma)I assert a Title IX sexual harassment claim against the institution: (1) Sue the institution in court and seek money damages; (2) Sue the institution in court and seek iniunctive or declaratory relief; (3) File an administrative complaint, i.e. internal grievance with U.S. Dept of Ed. Office for Civil Rights (OCR) 20l NCHERM all rights reserved ROLE OF OCR TITLE IX a OCR is responsible for establishing the compliance standards to be applied in investigations and enforcement of Title IX regarding sexual harassment. ml The OCR Guidelines distinguish the administrative oversight of Title IX from the standards applicable to private litigation for monetary damages and distinguish Title IX requirements from those of Title VII (agency law) 2010 NCHERM all rights reserved OCR GUIDANCE January, 2001 Provides the principles that a school should use to recognize and respond to sexual harassment of students as a condition of receiving federal financial assistance. The revised guidance from OCR states that once a school has notice of possible sexual harassment of a student, the school should take immediate and appropriate steps to investigate what occurred and take prompt and effective action to end the harassment, remedy the effects, and prevent it from occurring again. 20l NCHERM all rights reserved These steps are the school?s responsibility whether or not the student who was harassed makes a complaint or otherwise asks a school to take action a OCR acknowledges that in circumstances where the complainant requests confidentiality or refuses to participate, the school?s ability to take action may be limited E3 The school is still required to take all reasonable steps to investigate and respond 20l NCHERM all rights reserved ii I i i i tive fo OCR Investigations result from complaints filed with the U.S. Dept of Education OCR investigates and resolves Complaints alleging that educational institutions that are recipients of federal funds have failed to protect students from harassment based on sex If OCR identifies a violation, Title IX reguires OCR to attempt to secure voluntary compliance by the institution lf an educational institution fails to take reasonable corrective action, OCR files a formal finding of violation and an institution could risk losing its federal funding. 2010 NCHERM all rights reserved :3 Because OCR operates from a different premise than a civil lawsuit for monetary damages, it uses a ?constructive notice? standard that is broader than the notice standard used by the courts which is ?actual notice? This brings under its ambit all complaints about which the university knew, or should have known The OCR standard of ?knew or should have known" is more favorable to student complainants than the ?actual knowledge? standard used to determine civil liability 2010 NCHERM all rights reserved It provides that a college or university may be held accountable for harassment of students (even by other students) if any person perceived to be a responsible school employee was put on notice and took no corrective ac?on This is different from the standard applied by the courts, which imposes liability when a school official with authority to take corrective action fails to respond, or is deliberately indifferent 20l NCHERM all rights reserved OCR distinguishes quid pro quo from hostile environment sexual harassment, by requiring that hostile environment sexual harassment must rise to the level of severe, persistent/pervasive and obiectively offensive a If OCR establishes that conduct of a sexual nature occurred they will apply these standards to determine whether a sexually hostile environment exists and then determine if the institution had notice and took immediate and effective action to stop the harassment, prevent its recurrence and as apprOpriate, remedy its effects 2010 NCHERM all rights reserved OCR Title IX Compliance Requirements '13 Publication of Policies and Procedures that establish: Effective reporting and response protocol Appropriate grievance procedures Prompt and effective response Fair and equitable investigations Incorporate preventive training Appointment of a Title IX Coordinator 2010 NCHERM all rights reserved Effective Reporting Response Protocol If a student or employee files a report or complaint, the institution should inform the student of the options for action I7.-. Regardless of whether a victim files a formal complaint or requests action, the institution must conduct a prompt, impartial and thorough investigation and take steps to resolve Third party reports, media or anonymous reports should be responded to in the same manner, if it is reasonable for the institution to conduct an investigation and confirm allegations 2010 NCHERM all rights reserved :1 Once yeti have actual noticef?youhaye alegaLduTthQ conduct an investigation. That legal duty IS abs-omteI Regardless of what the victim wants My? The appropriate standard of proof under Title IX is ?preponderance of the evidence.? Use of any other standard could (not automatic) vioEate Title IX 2010 NCHERM ail rights reserved Notice: Provide notice of procedures Application: Applies to complainants alleging harassment on the basis of sex investigation: Adequate, reliable and impartial Timeframe: Define reasonable timeframe Outcome: Both complaining party and accused should receive notice of outcome Assurances: Institution assures it will take steps to prevent recurrence Retaliation: Provisions to prohibit retaliation Appeal: Offer opportunity to appeal findings or remedies 2010 NCHERM all rights reserved El El Cl Describe who may file a grievance Describe what constitutes a grievance Define clear limits for submitting a grievance and prompt effective response Specify the availability of any assistance for the person who initiates the grievance Define the number and levels of steps in the process Define the notice requirements 2010 NCHERM all rights reserved Identify the timelines for each step Identify the roles and/or selection of persons involved in the grievance process State the right of all parties to impartial decision makers E3 State protection of grievant from harassment and retaliation State right of either party to appeal outcome 2010 NCHERM all rights reserved Interview all persons involved Do not interview the alleged harasser at the same time as the victim/complainant Provide complainant, accused and any witnesses the Opportunity to have a representative accompany them during investigations Keep complete records of investigations, including a detailed description of allegations, notes on all interviews, outcome of investigations, and any action taken Abide by procedural timeframes set in policy Provide a written report of investigation outcome 2010 NCHERM all rights reserved If, in the course of an investigation, the institution concludes that gender?based discrimination took place and it was sufficiently severe, pervasive and objectively offensive, the institution?s legal obligation is to remedy it The remedy must be PROMPT and EFFECTIVE 2010 NCHERM all rights reserved The ?Promptness Requirement? 30?60 day resolution should be the goal The ?Effective Remedy Requirement? Ensure that the discriminatory conduct does not continue Provide sanctions that are reasonably calculated to prevent the reoccurrence of the discriminatory conduct Remedy the effects of the discrimination on the student, to the extent practical and possible (equity) 2010 NCHERM all rights reserved incorporate tim-eframes for review and update of policies and specify the office in charge of updates Identify qualified trainers Conduct regular sexual misconduct training for all staff students Ci Identify and publish additional training or informational opportunities Ensure new policies and procedures are appropriately noticed and published 2010 NCHERM all rights reserved Title IX requires that each institution that receives federal funds must protect individuals from gender discrimination a To assist in accomplishing that task, Title lX requires that each institution select a Title lX Coordinator El Title IX Coordinator is responsible for promoting an institutional environment that is free of gender bias and sexual harassment 2010 NCHERM all rights reserved Develop a working knowledge of Title IX and the implementing regulations Keep informed of current research and iudicial decisions related to Title IX and gender equity Participate in the development implementation and evaluation of the institution?s Title lX policies and procedures [3 Develop sexual harassment Title lX complaint procedures for students and staff 2010 NCHERM all rights reserved Provide public notice of the complaint procedures and the name and contact information for the Title IX Coordinator Monitor and evaluate the institution?s Title IX compliance efforts and make recommendations for any appropriate changes Provide in-service training to ensure institutional community understands Title IX policies and procedures 2010 NCHERM all rights reserved lf OCR comes to your campus they will look for: Whether your school disseminated a policy prohibiting sex discrimination under Title IX and established effective grievance procedures; (2) Whether your school appropriately investigated or otherwise responded to allegations of sexual harassment; AND (3) Whether your school took immediate and effective corrective action actions to end harassment, prevent its recurrence, and remedy its effects). 2010 NCHERM all rights reserved OCR identifies several areas where institutions fall short in meeting their Title IX obligations: Failure to designate and/or adequately train at least one employee to serve as the Title IX Coordinator Failure to have and disseminate notice of the institutional non- discrimination policy Failure to adopt or publish required Title IX grievance procedures to address sex discrimination claims 2010 NCHERM ali rights reserved Student Sexual Misconduct Policies Institutional Sexual Harassment Policy Institutional Violence Policy Code of Student Conduct Policy Campus Conduct Procedures Hearing Panel Policy and Procedures Consensual Relationship Policy 2010 NCHERM all rights reserved 2010 NCHERM 0H rights reserved A well?constructed campus sexual misconduct poiicy is the best 1005 colleges have for creating proactive behavioral guidelines to which students may conform their behaviors. 2010 NCHERM all rights reserved Violation of due process Ambiguous language Breach of contract Arbitrary and capricious outcome lntentional or negligent infliction of, emotional distress Discrimination Violation of privacy rights Violation of victims? rights 2010 NCHERM all rights reserved USED if} Withstand legal scrutiny by reflecting unambiguous language and procedures Provide clear definitions Address emotional and safety issues of the victim Avoid demonizing the accused student Provide appropriate due process (fairness) Protect privacy of all parties Ensure a fair and ethical process Honor the humanityof those affected 2010 NCHERM all rights reserved Set forth the general mission statement to create the framework for the Policy details Identify the geographical scope of the Policy (iurisdiction); and the time frame for reporting Identify, specifically, to whom the Policy applies (include definitions-?ex. ?student?) Provide statements and definitions of behavior identifying prohibited conduct; and Identify the procedures to be applied if the Policy is violated 2010 NCHERM all rights reserved Slide 39 51 saundraschuster, 6/12/2008 [3 Identify a clear route for reporting incidents and contact information for sources of support Specify the sanctions that may be imposed (required by the Clery Act) El identify the college?s authority and procedures to take immediate action, which may include: Changing academic schedule Providing alternative housing opportunities 21:15.5: lmposing an interim suspension on accused Providing resources for medical and or support Timely wa min 9 2010 NCHERM ail rights reserved Slide 40 52 saundra.schuster, 6/12/2008 0 Statement of Intent Sets forth the institution?s beliefs and approach toward sexual misconduct 2. The institution?s protocol for responding 3. Time frame for reporting and adiudiCation 4. Institution?s policy on confidentiality privacy reporting Recognize that confidentiality is a balancing act with the victim?s interests, the rights of the accused student and the legal framework 2010 NCHERM all rights reserved 5. Details of the hearing process I Due Process (fundamental fairness) guidelines Composition of hearing board Appeal process 6. Jurisdiction 1 Identify both physical jurisdiction (geographic) and personal iurisdiction, specifically what constitutes a ?student? and to whom the policy applies 2010 NCHERM all rights reserved 7 Specific list and clear definitions of prohibited conduct Separate sexual harassment and sexual assault (or sexual violence) Tell students what the offense means not iust a list, provide meaning, content, and context 8. lt?s important to provide sufficient details in your definitions to give students notice of what is expected of them and what is prohibited so they may conform their conduct accordingly. 20l NCHERM all rights reserved 9. Specific definitions for, and application of sanctions iO.?ldentification of rights and responsibilities of both the compia'nant and the accused student throughout the process 1 Prohibit retaliation 2010 NCHERM all rights reserved El Is the language of the Policy unambiguous, and easy to understand? Who is the policy designed to reach? Is the Policy in compliance with federal, state local law? 1:3 Does the Policy specifically identify obligations, rights and standards of behaviors? in ls the Policy effectively promulgated? Are implementation procedures fair and equitable, and applied in a non-discriminatory manner? 2010 NCHERM all rights reserved Sexual misconduct policies must be separate and distinct from general student discipline policies a References to your institution?s sexual misconduct policies should be included in other campus publications, brochures and web sites Ei Consider adopting a formal ?limited immunity? or ?amnesty" for victims ALWAYS COMPLY YOUR OWN POLICIES PROCEDURES 2010 NCHERM all rights reserved 2010 NCHERM a? rights reserved [3 Sexual Misconduct Sexual Assault? Consent Rape? incapacity, Intoxication, Impairment Force, threat, intimidation, coercion ?student?; ?victim?; ?perpetrator? 2010 NCHERM a? rights reserved Sexual misconduct can be used as an umbrella term for more specific behaviors, OR L13 Can be used to define sexual related acts such as failing to gain effective consent, or assuming effective consent was given discussion of intent role in policy 20l 0 NCHERM all rights reserved Need precise definition of behavior, including: Intentional Committed by physical force, threat or coercion or intimidation Ignoring obiections of another person (resistance) :25? Causing another?s incapacitation by alcohol or use of other drugs Taking advantage of another persons? incapacitation, state of intimidation, helplessness or inability to consent* Adapted from the Universizy of Virginia Sexual Assault Policy 2010 NCHERM all rights reserved Definition should not ius?r re-si'ate state law, avoid suggesting That criminal standards need To apply Defamation considerations (Mallory v. Ohio) 2010 NCHERM all rights reserved The NCHERM Manual on ?Creating a Proactive Campus Sexual Misconduct Policy? 200i Identifies ?consent? as not iust a factual concept, but also as ?effective consent", thus, any consent that is not freely actively given, that is a result of force, threats, intimidation or coercion is not ?effective consent? In order to give ?effective consent? you must be of legal age and: Capable of controlling your physical actions Capable of making rational, reasonable decisions 2010 NCHERM all rights reserved A clear understanding of consent is critical for hearing boards. The definition in the Policy must be specific and comprehensive. Definitions of consent should reflect affirmative indication by words or actions of the willingness to participate in specific sexual activity. Avoid using the concept of ?unwanted? in consent definitions because you want an assumption that a positive communication is required, not the presence of an unwelcomed action. Passivity/ silence is not consent 2010 NCHERM ali rights reserved Burden of obtaining consent should be on the party seeking to initiate sexual activity The party seeking to initiate the sexual activity should be able to articulate the communication that indicated an affirmative consent, either verbally or by voluntary acts, unmistakable (mutually understandable) in their meaning :1 Include descriptions of incapacity and of coercion and force as a part of the definition of consent Force is both a mitigation of consent and an independent policy element 2010 NCHERM all rights reserved There are four types of force to consider: Physical violence Threats (anything that gets the other person to do something they wouldn?t ordinarily have done) lntimidation (implied threat) Coercion?(unreasonable pressure) Consider: Frequency lntensity a Isolation DU ration 2010 NCHERM all rights reserved What was The form of incopacify? Alcohol or Other Drugs Mental/cognitive impairment lniury Sieep [3 Was the vic?m capable of making on informed choice? Who, who?, when, where, why, how 2010 NCHERM all rights reserved lncapacitation is a determination that will be made after the incident in light of all the facts available E1 Assessing incapacitation is very fact dependent l3 l2] Blackouts are frequent issues Knowledge standard becomes critical Did the accused student know? Should he have known? a Reasonable person What if s/he was drunk too? 2010 NCHERM all rights reserved Do you have a separate hearing body for sexual misconduct complaints? What? IS your policy regarding concurrent criminal charges? Do you allow participation of attorneys? What is your protocol when a victim reports, but refuses to proceed? [3 Do you provide alternative hearing processes? 20l 0 NCHERM all rights reserved What is the appropriate ?standard of evidence"? What about ?Burden of Proof"? [1 Should the accused student be ?presumed innocent until found guilty"? [3 What is your policy if the accused chooses to remain silent? Cl Do you allow ?cross examination?? :3 What is your policy on the presence of alcohol or drugs as a part of the allegation or defense? 2010 NCHERM all rights reserved Who brings forth the charges under your system? The institution? The complainant? Do you provide for an appeal? Fo whom? Do you Specify grounds for the appeal? Who is allowed to appeal? 2010 NCHERM all rights reserved 2010 NCHERM all rights reserved Review Code of Conduct Review and discuss conduct expectations m. Discuss definitions iv. Review hearing procedure vs Discuss evidence and proof considerations vs. Provide case study discussions Conduct simulated hearings 2010 NCHERM all rights reserved Order of Hearing Proceeding Will vary based on your protocol, but generally should indude: Review of facts by hearing officer Statement by complainG-nT(Sl Statement by accused(s) Testimony of witnesses on behalf of all parties Questions between complainant, accused, board How should this be accomplished Final questions by panel members Closing statements followed by deliberation 20l NCHERM all rights reserved Physical Environment Space permitting, provide as much physical space as possible between complainant and accused and their witnesses, ideally separate rooms during the waiting periods Give careful consideration to the physical layout of the hearing room I Sexual misconduct hearings are frequently highly emotional and stressful, therefore it is a good idea to plan frequent breaks 2010 NCHERM all rights reserved Li] ls it better for the university or the alleged victim to serve as the complainant? Catha rtic effect Victim nervousness Enhanced civility Loss of necessary confrontation What role should the alleged victim play? 2010 NCHERM all rights reserved If you treat the victim as c: mere witness, they are not entitled to be present for the entire proceeding (excluding the deliberation, of course). The victim is the reason for the hearing, and we recommend that you allow the victim to be present for all portions of the proceedings at which the respondent has the right to be present. 20i 0 NCHERM all rights reserved 1:1 is direct confrontation by the parties desirable or To be avoided? ?He Said She Said? complaints Assessing credibility Emo? ons 2010 NCHERM all rights reserved He 3' a?ve Te s? ny The screen Separate rooms Independent meetings Closed circuit/webcom/Skype Consent of the parties DECIDED Offer the option to confront 2010 NCHERM oli rights reserved Formal rules of evidence do not apply. If the information is considered relevant to prove or disprove a fact at issue it should be admitted. The panel should have a reasonable standard of proof and understand the application of the standard. Withhold iudgment about charges until all evidence has been considered Was there any corroborating evidence to consider? Credibility (more to come on Did drugs or alcohol play a role? Recognize role personal feeling plays in consideration 2010 NCHERM all rights reserved Identify conflicting testimony When dealing with conflicting testimony ask questions that would confirm or deny sexual misconduct occurred :3 ls conflicting testimony a result of credibility concerns? Can it result from non?credibility basis? a How important is assessing credibility? Doesn?t everyone lie? :1 How do we assess credibility? 2010 NCHERM all rights reserved Do you allow introduction of past sexual history of the complainant? Accused student? How? In questioning witnesses focus on: Issue of force Elements of coercion, threat, intimidation g5 Elements of incapacity Elements of consent 2010 NCHERM all rights reserved What is the best practice for addressing information about a party?s sexual history or character? Character assassination va ce Introduction by a party Transactional nature 2* What is the best practice for admitting information about the previous violations of the accused student? 2010 NCHERM all rights reserved 1:3 Consent is often a key issue Panel members must be familiar with the institution?s definition of consent. What if there isn?t one? Other considerations regarding consent include: Was the alleged victim over 18? What words or actions by the alleged victim at the time of the sexual behavior gave the accused student a reasonable indication of permission to engage in the specific sexual activity that took place? Consent cannot be given under the conditions of the threat of physical force, harm or intimidation, coercion, or incapacitation due to alcohol or drugs 2010 NCHERM ail rights reserved What it they were both drunk? [1 Can you determine who is in control? El Should you hold both parties accountable? [3 If complainant was intoxicated will you bring charges against him/her? Will you include alcohol charges along with sexual misconduct charges? 2010 NCHERM all rights reserved Decisions must be based only upon the information presented at the hearing Complainant should be allowed to deliver an impact statement only after the accused is found in violation 21-? Both parties? Examine only actions that have a directrelation to the situation under review Explore motivation, attitude and behavior of accused and witnesses 2010 NCHERM all rights reserved Cannot consider past behavior unless pattern Base decision only on facts, opinion and circumstances presented in hearing Construct the most reasonable scenario as to what happened Decisions must be based on the institutional policy Decisions must be fair, and impartial, not made with bias or conflict of interest Use greater weight of the evidence What is that, really? 2010 NCHERM all rights reserved The sanction must be reasonable and in proportion to the severity of the behavior May consider prior misconduct May consider attitude May consider mitigating/aggravating circumstances Should be educational? Must meet Title IX remedial standards What best compensates for loss or iniury to college or persons 2010 NCHERM all rights reserved s? Move to another residence hall 2? Suspended until victim graduates? Conditional suspension? Transcript notation t? Expulsion? 2w Rehabilitation? in No Contact Orders Restorative iustice? 2010 NCHERM ail rights reserved Ci What are the best practices for no?contact orders? i Communicate to those who have ?a legitimate educational interest? ictu res Information about externally obtain-ed PFAs. 2010 NCHERM all rights reserved Should the alleged victim have a right to appeal? Fundamental lo any civil righfs grievance process Grounds for a peal How should The appeal function? 2010 NCHERM all rights reserved Panel members should be aware of personal reactions and biases in dealing with sexual misconduct. Personal beliefs and morals Sexual politics must be addressed in Training Assumptions about behavior ?Blaming the victim? Understanding the role of race, culture, sexual orientation. . . Participation in case studies and hypothetical situations is a good vehicle to assist in evolution of awareness. 2010 NCHERM all rights reserved - .lusT like many of us would siT down wiTh a respondenT and explain The process by which Their alleged violaTion will be deTermined, is boTh possible and beneficial To creaTe The same opporTuniTy for vicTims. They need To undersTand The parameTers of The policy, and whaT iT does and does noT cover. They need To know how The conducT process plays ouT, and giving Them a chance To ask quesTions will help To make whaT is To come more predicTabl-e and comforTable for Them. IT may clear up misundersTandi-ngs in advance, and help conducT adminisTraTors To seT reasonable expecTaTions wiTh vicTims for whaT The process can and cannoT accomplish. 2010 NCHERM all righ?rs reserved 2010 NCHERM all rights reserved NCHER INSTITUTE 0N RESPONDENG T0 CAMPUS SEXUAL MISCONDUCT Presented by: Brett A. Sokolow, W. Scott Lewis, Saundra K. Schuster, Sponsored by NCHERM and ACPA This training manual is intended to provide assistance for achieving best practices with respect to campus sexual misconduct, but is not given and should not be taken as legal advice. Before acting on any of the ideas, opinions or suggestions in this publication, participants should check ?rst with a licensed attorney in their own jurisdiction. NCHERM 2010, All Rights Reserved July 2010 Dear Participants, Thank you for choosing to attend the NCHERM National Institute on Sexual Misconduct. We know you need to stretch your professional devel0pment budgets, and we believe this event will be a seminal professional development experience that will be well worth your time and investment. Over the two days that we spend together, we're going to take you deeper on the topic of sexual misconduct than you ever thought possible. Your faculty members (Scott Lewis, Saunie Schuster and I) have committed to challenge you, take you out of your comfort zone, cause you to question long? held beliefs, and grow from us. We'll give you the best of our thinking, informed by our education, background, experiences, case law, debate with each other and study. We hope you'il do the same with us, feeling free to question, challenge and cause us to grow and learn from you. Our goal is to change how college and universities address sexual misconduct, from prevention to intervention to post-vention. Some campuses get it right, some don't, but we all can improve and do better than we are now. We hope you?ll take advantage of the one-on-one faculty consultations we are offering during this event. Our experience is that attendees are usually too exhausted will be well-worth your time (and stamina). In November, we'll be doing a follow?up series of one-day seminars, focused on intensive investigation training for sexual assault and sexual harassment complain-ts. These will be a useful complement to the institute content you'il acquire with the first two?day event. Finally, we thank ACPA (College Student Educators International) for co-sponsoring this Institute series with us, and helping us to achieve three sold?out events. Our host sites, Loyola of Chicago, Drew University and Stanford have been helpful, gracious, and generous. We could not have done this without you. Thank you for your commitment to this issue, and to moving your campus forward. We're here to help, and looking forward to interacting with you at the institute. Very truly yours, {$3th 24. 30W Brett A. Sokolow, Esq., Managing Partner NCHERM 2010 rights reserved Some Bedrock Beliefs of Your Institute Effective sexual assault risk management practices will decrease the likelihood of sexual assault on college campuses, thereby protecting students and helping to insulate colleges from a potential source of litigation. Effective sexual assault risk management practices will decrease the likelihood of successful lawsuits against colleges by perpetrators, because college adjudications will be less likely to violate their rights. Effective sexual assault risk management practices will decrease the likelihood of successful lawsuits against colleges by survivors of sexual violence, because the college will be less likely to violate their rights. Effective risk management practices will increase the likelihood that colleges will prevail in lawsuits if they arise out of incidents of sexual assault. Effective sexual assault risk management practices will decrease the likelihood of lawsuits between survivors and perpetrators. Effective sexual assault risk management practices will help colleges to maintain a reputation for safety, and for dealing appropriately with campus crime when it occurs. Effective sexual assault risk management practices will decrease the likelihood of lawsuits against colleges by campus and local media seeking access to campus crime information. Effective sexual assault risk management practices will increase the likelihood that survivors and perpetrators receive vital services at a time of crisis. 2010 A 1/ rights reserved Agenda Creating a Sexual Misconduct Policy Consent Training Hearing Panels Exercises 2010 NCHERM Whitepaper? ?Gamechangers" The Powerpoint to accompany this training is included separately from the manual NC HERM 20 10 A 1! rights reserved DAY ONE AGENDA 8:00a m-9200am Registration and continental breakfast 9:OOam-12:00pm Opening Welcome I. Understanding the Legal Landscape ll.Group Exercise 12:00pm-1z30pm Lunch 1:30pm?3:15pm Sexual Misconduct Policy Development 3:15pm-3z30pm Snack break 3:30pm-5200pm IV. Discussion of Consent Construct V. Group Exercise DAY TWO 8:30am*9:OOam Continental breakfast 8:30am-12:00pm VI. Sexual Misconduct Hearing Procedures 12:00pm-1:30pm Lunch 1:30pm-3:00pm Presentation of Mock Hearing 3:00pm-3:15pm Snack break 3:15pm-5:00pm Discussion of case Debriefing of hearing Discussion of Victimology Theory, individual Consultations NCHERM 2010 All rights reserved EAHNG A CA PUS SEXUAL 18C 0 NDUCT POUCY NCHERM 2010 rights resewed CREATING A CAMPUS SEXUAL MISCONDUCT POLICY A thorough approaCh to campus sexual misconduct policy takes more than a paragraph in the code of conduct, student handbook, or a panel in a pamphlet. Your policy shouid be placed in as many campus resources as possible, and the same policy should be included in each location. Frequently, colleges develop pamphlets, handbooks, and security reports at different times, and the policies listed in these resources reflect the stage of development of those policies and can be inconsistent. It is important to have centralized, quality controlled oversight of the policy development process. Consistency is essential to legal defensibility. A good lawyer could successfully shoot down a policy on the argument that his/her student client did not have clear notice of what was expected because of inconsistent or conflicting policy statements. if a iater policy statement is meant to eclipse and replace an earlier policy, make sure this is clearly indicated to students so that they have notice of what rules apply to them. As you formulate a policy, keep in mind at all times who the audience is. Your policy is directed at students, and, at times, employees. But who specifically is the audience for your policy? Who is going to open up your hand-book and read it through? Those who open the handbook to look at the sexual misconduct section usually do so for three reasons. First, they want to know if what happened to them is covered by the code of conduct. They are the possible victims. Second, the students who want to know what to do when they have been accused of violating the sexual misconduct policy. They are the alleged violators. Third, those who are asked to enforce the policy {hearing officers, Conduct Board Members, and appeals officers/ panelists) those who may be victims, those who may be policy violators, and those asked to interpret and enforce the policy are your audience. Write this policy for them. The NCHERM Team recommends inclusion of the following elements in your sexual misconduct poiicy: 0 Statement of intent; 0 Statement of confidentiality limitations; Statement of options for victims; Statement of options for alleged offenders; Statement of rights of the victim; Statement of the rights of the alleged offender; Statement of jurisdiction; Campus statute of limitations; Description of proscribed behaviors; 6 NCHERM 20 IO AN rights reserved Definitions of terms; Illustrative examples; Sanctions; Criteria for policy assessment and improvement; Policy dissemination standards; Statement regarding group infractions; Statement of limited immunity; Good Samaritan provision. or INTENT A statement of intent should set forth the institution's beiiefs and approach toward sexual assault. For exampie: "The College of Knowledge is a community of trust who?s very existence depends on strict adherence to standards of conduct set by its members. Sexual misconduct is a crime punishable by both civil and criminal legal action and a serious violation of the Coilege of Knowledge's Standards of Conduct. it will not be tolerated within our community. Students at the College of Knowledge are charged with the responsibility of being familiar with and abiding by the standards of conduct set forth herein." STATEMENT OF LIMITATIONS ON Every coilege strives to create an environment that encourages victims of sexual misconduct to come forward and report their victimization to someone, preferably an institutional official or law enforcement officer. Assuring complete confidentiality is the approach that would encourage the most victims to come forward, but such a policy is impossible. Confidentiality is a balancing act. Three factors weight on the balance. One factor is the need/desire of the institution to respond to incidents. Another factor is the needs of the victim. A third is the legal obligations and repercussion that demand institutional attention. There is no ideal approach to confidentiality. We recommend a model approach to confidentiality that blends and prioritizes these three factors. Because of the difficulties of this issue {and the inconsistencies across different institutional departments/positions) it is very important to state the institution?s confidentiality/privacy policy clearly in written materials, and to make sure that each person who will serve as a resource for victims on your campus is clear on the bounds of confidentiality, and makes those bounds clear to victims at the outset of a reporting 7 i NCHERM 20 IO All rights reserved interaction. Otherwise, victims could experience a sense of betrayal because of an unreasonable or reasonable, but incorrect expectation of confidentiality/privacy. Ideally, victims should be empowered by a policy that lets them determine the bounds of confidentiality. To the extent possible, your policy should pursue this ideal. Your policy must also encompass the need and desire of the institution to make sure that it hears about as many incidents as possible, and addresses them. The policy must also ensure adherence to legal mandates and minimize liability exposure. Thus, the answer to the question, ?Will this report be confidential?" is ?Maybe.? If a victim wants to make as nearly an absolutely confidential report as possible, the only person she can tell is a member of the clergy, their counselor, their doctor or their lawyer. But while counselors are good repositories of confidentiality, but the con-fidentiality/privilege they enjoy is less sacrosanct. in order to be protected by confidentiality, the counselor must be a licensed therapist, social worker, or other counselor (such as a rape crisis counselor or victim advocate}, functioning in that capacity at the time, which has either ethical or legal rules determining their ability/ responsibility to maintain confidentiality. Even then, confidentiality has its exceptions, and these should be made clear to victims. The written records of counselors are sometimes admissible in court if subpoenaed, in certain states, though conversations usually are not. if a victim relates to a counselor a clear and present danger posed to an identified person (including him or herself), the counselor must breach confidentiality to protect the person endangered (under the generally accepted rule established by Tarasofi v. Regents of the University of California, 551 P.2d 334 (Cal. 1976)). For the most part, this same level of confidentiality can be provided by attorneys and certain medical providers. Everyone else has less absolute confidentiality, or more precisely, can offer privacy but not confidentiality. Confidentiality is not an arbitrary designation or contractual arrangement. Courts can require most people to divulge what they know. But confidentiality also has a level outside of court orders. Often, victimsjust want to know, ?If I tell you, who else do you have to tell?" The answer to this question is governed by Title lX, medical reporting laws, negligence laws, and the Clery (Campus Security) Act. if you are a doctor or a nurse in most states, you must call the police if a victim of a sex crime presents at the emergency room or other hospital department. The victim can choose not to Speak to the police, but her or his name may be released. Some of these laws extend to campus medical facilities, and you must determine how your state governs this issue in order to determine the bounds of campus medical provider confidentiality. If you are a college employee, you have a duty to help the victim and an obligation to protect the institution. But, different employees have different constraints. For example, if a victim comes to 8 20 10 All rights reserved you and you tell no one of her report, and then the rapist repeats his crime the next evening; your actions may have placed other students in danger, and will have increased the liability exposure of both you and the institution. Depending on your official role, you may also have initiated Title iX liability. First, understand that the institution has a duty to warn students of known, reasonably foreseeable dangers. It also has a duty to protect students from those dangers in certain circumstances. Thus, when any college employee learns of an incident that poses a substantial threat of severe bodily injury or death to other students or employees, notification must be made to those at your institution who can warn and protect those in danger. In sexual misconduct cases, this duty trumps any non?legal promise of confidentiality you might otherwise extend to the victim. It may be possible to pass along information to student affairs or campus law enforcement that will enable the institution to protect students and employees, but still not release personally identifiable information about the victim. However, other information told in the course of the report, including incident locations, identities of perpetrators or witnesses, and other relevant facts may be divulged. This common law and state statute-based duty to warn students became a federal mandate in 1990. The Clery (Campus Security) Act1 cannot lead directly to negligence liability, but can result in the loss of federal Title IV funding when colleges fail to issue timely warnings regarding incidents that represent a substantial threat of injury to students. While important, these statutory and negligence issues are not as frequent a concern as the Title IX issues discussed below. Most campus cases involve isolated acquaintance assaults, and many never require the divulgence of any (especially personally identi?able) information in order to protect other students, so while absolutely confidentiality may not be maintained, some level of privacy can be assured. The main legal issue with sexual misconduct arises under Title IX. Title IX is a federal law that provides financial sanctions and civil damages against public and private colleges that engage in gendenbased discrimination, including sexual harassment. Sexual harassment has been interpreted to include both verbal and physical harassment of a sexual nature. Physical sexual harassment is sexual assault [using the federal terminology). Th us, the mandates of Title IX with reference to sexual harassment also apply to sexual assault incidents. What this means, basically, is that institutions are under a duty to investigate and adequately resolve all sexual assault incidents. However, colleges can only address those incidents that are reported, and liability generally lies only in certain narrow circumstances. 20 use. 1092(0 9 a NCHERM 2010 All rights reserved A college will be liable in money damages under Title IX when: The harassment is so severe, pervasive, objectively offensive that it can be said to deprive the victim of access to the educational opportunities or benefits provided by the institution; id The college had control over the context within which the harassment arose; The college had control over the harasser; ?131 The coilege had actual notice of and responded with deliberate indifference to {acted in a way that was clearly unreasonable in light of the known circumstances) the complain-t(s) of harassment; The impact of Title IX on confidentiality/privacy is strong, because of the mandatory reporting that actual notice provokes. When college officials (but only those who have the authoritv to provide a remedy) receive reports of incidents, Title lX requires a full investigation and an appropriate resolution of the incident, to the extent possible. in some cases, this will require that complete privacy cannot be maintained, though the circle of those who may need to know can be kept small. Of course, at the point where a victim, faced with a loss of confidentiality/privacy, refuses to cooperate with the college, it may mean a practical end to any further action on the report. But, the college must take as much action as it can to provide an appropriate resolution, with or without the consent and cooperation of the alleged victim. There is also one universal legal requirement that affects the confidentiality/privacy of nearly all college employees in the same way. The Clery (Campus Security) Act requires and other residence life personnel, conduct affairs personnel, campus law enforcement, local police, student affairs personnel, student activities, coaches, some faculty and others to report statistical information on campus crime, including sex offenses. This information includes only the information that an incident took place, but still requires that information received from a victim be divulged in an annual crime report, and often in Uniform Crime Reports and state crime reports. No personally identifiable information is revealed. This is also true of the campus police log. All sexual misconduct incidents reported to campus law enforcement {and on some campuses, aiso reports made to other departments} will be logged in a police log that is open to the public. This log cannot identify the victim, or give information that could easily lead to the revelation of his or her identity, such as an address, or in some cases, the names of witnesses or the perpetrator. Given this extensive background, you should strive to create a comprehensive confidentiality/priva cy statement for your campus that strikes a successful balance between legal obligations and encouraging victims to come forward. 10 (9 NC 2010 - All rights reserved OPTIONS FOR VICTIMS Colleges should include in their policy a statement of options for victims, and it is an excellent idea to include statistics and general information on sexual assault, which may help victims self-identify. Options should be listed in time order of expiration, with medical attention first. Make sure the time requirement for a PERK or Rape Kit {Physical Evidence Recovery Kit} is included, as well as where the hospital, how much it costs, who can accompany the victim for support, what they will be subjected to, how long it will take, and the all-important clean paper bag in which to take physical evidence, such as clothing, to the hospital. STI, i-iiV and pregnancy testing and treatment information should be included. Recommend which local hospital has the best victim-advocate program, or makes a forensic nursing program available. Public funds are usually availabie to pay for PERK tests if the victim makes a report of the assault to the police. If not, will the hospital bill the insurer for ?emergency'medical procedures? or for a rape kit? Such billing can alert pa rents, and blind billing can be a comfort factor for victims who are not yet ready to tell their parents and managed care have largely put an end to this practice, unfortunately, though most campus health insurance policies now cover exams, creating less reiiance on parental policies). Does the college have a fund for students without insurance? Even if 120 hours have expired, medical attention is still of great importance. Physical evidence might still be collecta ble at 124 hours, but the key to emphasize is that the internal evidence starts to degrade immediately, and victims should seek medical treatment as soon after the incident as possible. External evidence can be preserved for years, often. Even if the time for a PERK has elapsed, bruising and other physical can still be treated, and and pregnancy testing is still vital. The second option for victims is reporting, because of the longer expiration period. Victims have three options for reporting: 1) Orr-campus. Victims may report a sexual assault to any number of members of the campus community. Through these initial contacts, victims may decide to access student conduct or other student affairs resources Counseling Center, Health Center, Title office, Women?s Center/Sexual Assault Victim?s Advocate, Campus Security, etc.) to pursue a complaint for a poiicy violation through the campus conduct system. This option is not exclusive of the other reporting options. All or some may be pursued concurrently. On-campus adjudications are attractive alternatives for victims because they take less time than criminal prosecutions or civil suits, are easier to win than criminal prosecutions (because of the lower standard of proof}, and are private and confidential, unlike the other options. If you have a campus period of limitation for filing a complaint, it would be logical to note it in this section. 1 1 i NCHERM 2010 .4 :1 rights reserved 2) Civil suits. Campus officials and publications should notify victims of their right to pursue a civil suit for money damages against the perpetrator of a sex crime, and against any other negligent or tortuous parties. Civil suits are easier to win than criminal prosecutions, and may be pursued concurrently with other reporting options. In order to pursue a civii suit, a victim should contact a civil attorney, who will often work for a contingency fee. This means that it will not cost the victim anything to sue unless they win. it may be helpful to notify victims of resources to locate attorneys, such as local bar associations, legal aid organizations, or referral services. if your college has a law school, there may be a legal clinic that can help. Additionally, some colleges provide students with legal advice and advocacy, paid for through student activity fees, or by the student government. if such services are available, make sure the victim knows of this option. (Be sure that, if the accused perpetrator is a student, the legal aid office will assist in student v. student complaints before you refer). Not only should colleges make these notifications because it is the right thing to do, most of them are also required notifications under the Clery (Campus Security) Act. When discussing civil legal options, notify the victim of the statute of limitations for filing a claim in yourjurisdiction (usually about two years). It might also be helpful to indicate that the nature of the suit and its proceedings could be a matter of public record and access, if the victim does decide to sue. Criminal Prosecutions. Campus officials should notify victims of their right to have charges filed by a prosecutor, district attorney, or commonwealth's attorney, and to pursue criminal prosecution and conviction of the perpetrator. Criminal convictions are tough to obtain, but may be a significant step in the heating process. Victim advocates are often available to assist victims, but other campus administrators {Quit inform victims of their right to make a report to the police and pursue charges. Campus officials must also assist victims in contacting these resources. Criminal charges may be pursued concurrently with other reporting Options. Pursuing a prosecution will not cost the victim money for an attorney; they are paid by the state. Notify the victim ofthe period of limitation for filing charges in yourjurisdiction (usually between 5?8 years). The nature of the case and its proceedings will be a matter of public record and access. Victims often want to know what could happen as a result of a prosecution, and the possibilities typically include imprisonment of the perpetrator, fines, community service and/or probation. It is not possible to sentence someone to death for a sex crime (alone) in the United States. The third and final option for victims is the one that expires last. Victims should seek counseling, and there is no time limit on when they can do this. Notify victims of campus and community counseling resources, and that it may benefit them to talk to someone, when they are ready. That someone could be a friend, family member, rape-crisis counselor, support group, victim advocate, social worker, or member of the clergy. If the college makes access to clinicians availabie to students forfree, they should be informed of this as well. Further, there are 12 NCHERM 2010 Air rights reserved crisis hotlines, for students who do not prefer face?to-face encounters. There is a national helpline, STATEMENT OF RIGHTS Colleges should prominently list the rights afforded to victims and accused students in the adjudicatory process. At a minimum, colleges should list the affirmative rights afforded to victims in the 1992 Campus Sexual Assault Victim's Bill of NCHERM suggests that the federal law represents a floor, rather than a ceiling, and that colleges can and should go further. We recommend accordingly at least the following rights for survivors of sexual violence: 0 The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators; - The right to be treated with respect by college officials; - The right of both accuser and accused to have the same Opportunity to have others present (in support or advisory roles) during a campus disciplinary hearing; 0 The right not to be discouraged by college officials from reporting an assault to both on? campus and off-campus authorities; 0 The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual assault, usually within 24 hours of the end of the conduct hearing; 0 The right to be informed by college officials of options to notify prOper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the victim?s desire; - The right to be notified of available counseling, mental health or student services for victims of sexual assault, both on campus and in the community; a The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available (no formal complaint, or investigation, campus or criminal, need occur before this option is available). Accommodations may include: 0 Change of an on-campus student?s housing to a different on?campus location; 0 Assistance from College support staff in completing the relocation; Arranging to dissolve a housing contract and pro?rating a refund; 0 Exam {paper, assignment) rescheduling; 0 Taking an incomplete in a class; 220 u.s.c. 109mm) and (B). 13 i NCHERM 2010 All rights reserved Transferring class sections; 0 Temporary withdrawal; 0 Alternative course completion options. 0 The right [Etc have irrelevant prior sexual history admitted as evidence in a campus headng; The right n_ot to have any complaint of sexual assault mediated (as opposed to adjudicated}; The right to make a victim-impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction; The right to a campus restraining order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others; 0 The right to have compiaints of sexual misconduct responded to quickly and with sensitivity by campus law enforcement. - The right to appeal the finding and sanction of the conduct body, in accordance with the standards for appeal established by the institution; 0 The right to review all documentary evidence available regarding the complaint, subject to the confidentiality limitations imposed by state and federal law, at least 48 hours prior to the hearing; 0 The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness? identity will not be revealed to the accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which wiil always be revealed); a The right to preservation of confidentiality, to the extent possible and allowed by law; a The right to a hearing closed to the public (except at public colleges in Georgia]. 0 The right to petition that any member of the conduct body be removed on the basis of demonstrated bias; 0 The right to bring a victim advocate or advisor to all phases of the investigation and campus conduct proceeding; 0 The right to give testimony in a campus hearing by means other than being in the same room with the accused student (closed circuit live audio/video is the recommended method); 0 The right to present reievant witnesses to the campus conduct body, including expert witnesses where appropriate; 0 The right to be fully informed of campus conduct rules and procedures as well as the nature and extent of all alleged violations contained within the complaint; 14 5 NCHERM 20 i All rights reserved The right to have the college compel the presence of student, faculty and staff witnesses, and the right to ask questions, directiy or indirectly, of witnesses {including the accused), and the right to challenge documentary evidence. a The right to be present for all testimony given and evidence presented before the conduct body; 0 The right to have complaints heard by conduct officers who have received annual sexual misconduct adjudication training; 0 The right to a conduct panel comprised of representatives of both genders; - The right to have college policies and procedures followed without material deviation; 0 The right to be informed in advance of any public release of information regarding the complaint; 0 The right not to have released to the public any personal information about the complainant, without his or her consent. STATEMENT OF OPTIONS FOR THE ACCUSED STUDENT At the end of the statement of intent, or in another appropriate section, consider noting that the welfare of accused students is also a matter of great concern to the college, and note if administrators or advocates are available to them as advisors to guide them through the campus hearing process. Also, under a broad reading of Title IX, colleges should consider providing equity of access to resources and services for accused students if they are provided to victims, including counseling and other campus resources, if for no other reason than to stave off threats of nuisance suits making their way around the country. STATEMENT OF RIGHTS OF THE ACCUSED STUDENT The rights of accused students should also be prominently indicated. These should include, among others particular to your college: 0 The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators against the accused student; 0 The right to be treated with respect by college officials; . The right to be informed of and have access to campus resources for medical, counseling, and advisory services; 0 The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions; 15 a NCHERM 20 i0 All rights reserved The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation; a The right n_ot to have irrelevant prior sexual history admitted as evidence in a campus hearing; a The right to make an impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction The right to appeal the finding and sanction ofthe conduct body, in accordance with the standards for appeal established by the institution; - The right to review all documentary evidence available regarding the complaint, subject to the confidentiality limitations imposed by state and federal law, at least 48 hours prior to the heanng; The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness? identity will not be revealed to the accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed}; 0 The right to a hearing closed to the public (except at public colleges in Georgia); a The right to petition that any member of the conduct body be removed on the basis of bias; 0 The right to have the college compel the presence of student, faculty and staff witnesses, and the right to ask questions, directly or indirectly, of witnesses, and the right to challenge documentary evidence; 0 The right to have complaints heard by conduct officers who have received annual sexual misconduct adjudication training; a The right to have college policies and procedures followed without material deviation; 0 The right to have an advisor or advocate accompanying and assisting in the campus hearing process. This advisor can be anyone, [optionaiz including an attorney (provided at the accused student?s own cost}], but the advisor may not take part directly in the hearing itself, though they may communicate with the accused student as necessary; 0 The right to a fundamentally fair hearing; 0 The right to a campus conduct outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice; The right to written notice of the outcome and sanction of the hearing; 0 The right to a conduct panel comprised of representatives of both genders; - The right to be informed in advance of any public release of information regarding the complaint; For public colleges, many of these rights are required by due process, or state constitutions and laws. However, the value of these statements, apart for reassuring students and making the policy 16 I NCHERM 2010 All rights reserved more user-friendly, is the value of contractual certainty to colleges. Once you publish these lists of rights in the student handbook, both public and private colleges become contractually bound to accord them to students. And while students may be able to sue for breach of contract if they are not accorded those rights, colleges gain certainty and predictability. if colleges do what they say they will, students will have no claim that they were given less than should-have been given. Colleges gain a defense that student rights in sexual misconduct cases were contractually determined to be no more and no less. JURISDICTION The policy is a good place to make a statement ofjurisdiction. Jurisdiction is a contractual relationship allowing colleges to govern student behaviors by codes of conduct and policies. Colleges are becoming more assertive aboutjurlsdiction, but there is still a wide disparity among colleges as to whom, where, and when a college policy will be applied. Physical [Personal Jurisdiction Some colleges will only adjudicate incidents that occur between students or between students and employees. This is the most conservative approach. Other colleges will take jurisdiction if the accused is a student, even if the victim of the breach is a non-student. This is a more liberal approach that makes sense. If some behavior is prohibited because it is wrong, it is as wrong to do it to a non- student as to another student. There is nothing that legally bars a college from hearing a complaint against a student by a non-student, and the college has a strong interest in hearing such complaints, in order to protect students from possible repeat policy infractions by the same violator. In instances in which the college has control over the perpetrator and the context of the incident, Title lX would require the college to take a complaint from a non-student a 15~year~old sister of a student, visiting campus, is sexually assaulted by a male student at an on-campus fraternity party). Some colleges take a limited jurisdiction against non-students as well, but this is rare. Colleges have no legal basis to apply campus conduct codes and conduct procedures to non-students. Yet, colleges may have an affirmative duty under Title ix to address such cases, which makes this issue complicated. lurisdiction over non-students may only be ta ken when the behavior of these non? students is not only a policy violation, but also a violation of a local or state law. Some college law enforcement departments are empowered to enforce local and state laws, criminal and civil trespass violations, and may prosecute non-students, but this really is a legal, rather than policy-based jurisdiction, and it is not the college that enforces these laws, but the local legal authorities. Sometimes, colleges will issue restraining orders against non-students (Also referred to as Persona Non Grata notice or Letters"). While violations of these orders will not result in conduct 17 NCHERM 20 i A :1 rights reserved jurisdiction, colleges are empowered to address this violation of college rules through local trespassing laws and court orders. Nothing less would be required by Title lX, which requires colleges to remedy to the extent possible all sexual harassment and assault of students on campus, whether by students, employees, or visitors. Discussing this type of jurisdiction in your policy might seem to be giving too much information, but it is actually serves an important deterrence purpose. it gives students notice that your policies will apply to their behaviors, whether they assault students or non-students. Geographic Jurisdiction Colleges must take conduct jurisdiction over incidents of sexual misconduct, under the logic of the Supreme Court?s Title IX decision, Davis v. Monroe Cty. 8d. of Ed, when the college has control over the context of the incident, control over the respondent, and the behavior is so severe, pervasive, and objectively offensive that it can he said to deprive the victim of access to the educational opportunities or benefits provided by the institution. This means that some of the incidents that meet this test will occur off-campus, and colleges must provide an adequate resolution, which in most cases will be a campus conduct resolution. Title IX does not require the taking of jurisdiction over reported off?campus incidents where the victim is a non?student and the perpetrator is a student. However, colleges would be well?advised to consider the state tort law implications of failing to take such a case, if the violating student?s next victim could be a student. Such a geographic jurisdiction policy has its practical limits. Colleges cannot be expected to take jurisdiction over every off-campus incident. Taking jurisdiction over an assault that occurs at an off- campus party is one thing, but taking jurisdiction over an assault between two students who are in Daytona Beach during Spring Break may be more difficult. But it is important that we do not automatically refuse jurisdiction over these incidents, especially when considering incidents between students who are studying abroad together. While physical evidence and witnesses may be hard to identify, it is possible to take such complaints if other students can give witness testimony, or if the local police can provide evidence from their investigation, or if medical evidence is available, or other circumstances make it possible. The best policy is to agree to take these complaints to the practical extent they can be heard. Where probable cause for a policy violation does not exist, or where it will be impossible to prove an allegation for lack of evidence, jurisdiction can be refused. But, physical distance alone should not be sufficient to deny jurisdiction. Creating a policy that clearly states that your college will take geographic jurisdiction over off- campus incidents will help you to remove a structural impediment to reporting by victims, many of whom naturally assume that campus poiicies only apply to on-campus behaviors. Knowing they can 18 (Q NCHERM 2010 A 1! rights reserved press a campus complaint will open up a possibility that might have otherwise been unknown to them. Temporai Jurisdiction Temporal issues are the third type of consideration in the jurisdiction section. The temporal issue refers to the question of when your institutional sexual misconduct policy will apply. For example, if students arrive on campus for a July orientation, but classes do not start until August 20th, does your policy apply to the time that the students are on-campus in July? How about from the time between summer orientation and August Does your policy apply over Spring Break? Does it apply between the fall and spring semesters? Does it apply during Summer Break? The policy is likely to apply whenever students have matriculated and are on campus. But, should the policy apply to students who are off~campus during breaks? This is a tough question for colleges. For some arbitrary reason, takingiurisdiction over Spring Break incidents is more frequent than taking it over incidents during Summer Break. What is the distinction? Do your policies apply to govern the behavior of your students, because they are your students? Ifso, shouldn?t it apply as long as they are matriculated? Why hamstring the institution with strictjurisdictional rules? If it is practical and necessary to take the compiaint, empower your institution with the discretion to take it. The other issue of temporal jurisdiction is the question of how to handle policy violations by graduates who allegedly committed a violation prior to graduation, but the college is not aware until after the accused has graduated. Colleges approach these three ways. One, they refuse to consider it. Two, they take jurisdiction over policy violations occurring before graduation, even if the complaint is made post-graduation, creating a retained jurisdiction of sorts. Three, colleges will consider policy violations by graduates, no matter when the incidents took place, or when the complaint was filed, if the allegation is sufficiently serious. This third practice is exceptionaliy rare, and often only found at some Catholic and religiously conservative institutions. Taking jurisdiction over graduates is sticky, because the only Way that a college can really punish a graduate is to withdraw their diploma, or withdraw it and place conditions upon its re-conferral. This practice should be weighed carefully, as it is highly iikeiy to engender litigation, and there is no legal obligation to pursue a compiaint against a graduate. The main reasons to takejurisdiction are moral ones, though there is a narrow practical reason, suggested by a recent incident. On the night before graduation, a student raped another, knowing that it would soon be too late for the college to do anything about it. Deterring these sorts of incidents might provide good cause to retain some form of jurisdiction. if you are going to do so, clearly spell out your intent to do so, because students must have clear notice of such a policy {Harwood v. Johns Hopkins Univ. 130 Md.App. 476, 747 A.2d 205 (2000)). 19 i 2010 All rights reserved Other considerations Additionally, the potential for liability exposure exists if an institution simply refuses jurisdiction. For example, if a student indicates she was raped by one of your students (no matter where the rape occurred), to simply ignore the allegation may not only be considered "deliberately indifferent? as a response, but may arguably be negligent {if not grossly 50, depending on the circumstance). A simple solution to all three limitations is to expand yourjurisdiction to all admitted students. Period. Then allow the constraints and limitations on your reasonable ability to investigate (as described above in the "geogra phic? section above) to act as the temperance to the finding as opposed to your willingness to do anything. And while thisjurisdictional definition may seem overbroad or vague to some accused students, the Courts do not seem to agree.3 CAMPUS STATUTE 0F LIMITATION This is an area where many colleges have, often unwittingly, created a structural barrier to reporting. Some colleges create a 90-day period of limitation for bringing a complaint, while others have a one semester, one year, or two year limit. There is no good reason to so limit a victim's ability to access a campus hearing. This is especially true given the reticence to come forward of most campus sexual misconduct victims. As long as the accused is still a student, a victim should be able to access the college conduct system, even if the victim has graduated {or within a reasonable period after the accused?s graduation, if you ad0pt post-graduation conduct jurisdiction). it is certainly true that the passage of time Will make it harder for the victim to prove the allegation (and this can certainly be explained to the victim by an advocate), but criminal prosecutions have a longer average period of limitation (6 years), without fatally hindering those cases. Most importantly, it is the victim who is potentially damaged by choosing to wait, not the accused. Thus, there is no unfairness to the accused in permitting the college policy to apply to them as long as they are enrolled. In fact, complying with Title IX means not imposing artificial impediments to the college?s ability to remedy incidents when they are reported. The campus period of limitation should be clearly explained in the policy section. PROSCRIBED BEHAVIORS Too many colleges bury their sexual misconduct offenses in sexual harassment policies. While rape and sexual assault are extreme forms of sexual harassment, they are independent and significant violations in their own right. There is a general perception in our society that sexual harassment is a lesser evil than rape. One may go to jail for rape in America, but not for sexual 3 Carter v. USC, et al. 602 59 S.C. Ct. of Appeals {2004) {cert denied) 20 I NCHERM 2010 All rights reserved harassment, unless it occurs in a context. These issues are both sufficiently serious to warrant separate mention. Incorporate a format where both sexually violative behaviors and sexual harassment are separately labeled headings under the umbrella category of sexual misconduct. What goes under the sexual violence heading is a broad question. Many state colleges choose or are required to use state legal definitions of sex crime categories or definitions established by the state higher education system. However, most colleges, both public and private, are under no obligation to follow state law. Given the antiquated and obsolete status of many state laws on sexual violence, it is strongly recommended that colleges set their own standards, without regard to state laws. Avoid the confusing terminology of degrees, sodomy, sexual battery and other duplicative nomenclature. in fact, it is advisable in policy definitions to avoid legal terms such as rape and sexual assault. Alternative phraseology is offered below, but whatever phrases you choose, never make separate categories that create a distinction between stranger?committed and acquaintance or date- committed offenses. Stranger offenses are not worse or deserving of greater punishment than offenses by a known offender. Consider the message you would send to your students if you pursued such a distinction. There is no ?acquaintance mugging? or ?date murder.? Crimes are not lesser in severity because of the identity of the perpetrator, and neither are campus conduct code violations. OF TERMS Below is a model definition set. This set is a clean, clear and direct statement of expected behaviors. It will help to increase the educational value of your policies, as a tool of prevention, and will help to insulate your institution from liability-associated risk. The definitions and rules offered below are designed for use in campus sexual assault pamphlets, and in the student handbook or sexual misconduct policy statement. The definition set below is very long, and is not meant to be copied verbatim. We?ve included everything needed to cover this offense comprehensiveiy, but each college?s policymakers should pick and choose to include those ideas that will best serve their community. SEXUAL MISCONDUCT Sexual misconduct is a broad term encompassing any non?consensual physical contact of a sexual nature that is committed either by force or intimidation or through the use of the victim's mental or physical incapacity, including through consumption of drugs or alcohol. Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior including, but not limited to the following examples: 21 2010 .4 r1 righrs' reserved 1) Non-Consensual Sexual Contact 2) Non?Consensual Sexual Intercourse 3) Forced Sexual Intercourse 4) Sexual Exploitation 5} Sexual Harassment Non?Consensual Sexual Contact is: 0 Any sexual touching; 0 however slight; with any object; by a man or a woman upon a man or a woman; without effective consent. An example of a policy statement regarding non-consensual sexuai contact would be, "The touching of an unwilling or non-consensual person?s intimate parts (such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering them}; touching an unwilling person with one's own intimate parts; or forcing an unwiiling person to touch another?s intimate parts.? 0 Non-Consensual Sexual intercourse is: 0 any sexual intercourse (anal, oral or vaginal}; 0 however slight,- with any object; by a man or a woman upon a man or a woman; without effective consent. An example of Non?consensual Sexual intercourse is: "Unwilling or non-consensual penetration of any bodily opening with any object or body part. This includes, but is not limited to penetration of a bodily opening without consent through the use of coercion. Forced Sexual Intercourse Forced sexual intercourse (anal, oral or vaginal) 0 With any object 0 Using force, threat, or intimidation By a man or woman upon a man or woman An example of a policy statement would be: Unwilling or non-consensual penetration of any bodily opening with any object or body part that is committed either by force, threat, intimidation, or 22 (Q NCHERM 20 i 0 All rights reserved through exploitation of another?s mental or physical conditions of which the assailant was aware or should have been aware. Sexual Exploitation: Occurs when a student takes nonconsensual, unjust or abusive sexual advantage of another; for his/her own advantage or benefit; or to benefit or advantage anyone other than the one being exploited; and that behavior does not otherwise constitute non?consensual sexual contact, non- consensual sexual intercourse or sexual harassment. Examples of Sexual Exploitation include, but are not limited to: Prostitution Male student convinces three female students to quit theirjobs waiting tables so that they can make more money by working for his "dating service." He explains that they do not have to sleep with their dates, but that they will make more money if they do. Videotaping John and Carla, both students, have been dating for two weeks, and have engaged in consensual sex. On Saturday night, John convinces Carla to come over to his room, rather than staying in her room as they usually do. Carla does not know that has concealed a videotape camera in his room. John tapes their consensual sexual intercourse, and without her knowledge or permission, shares the videotape with his friends. The videotaping, not the sex, violates this policy. Going beyond the boundaries of consent John and Carla, both students, have been dating for two weeks, and have engaged in consensual sex. On Saturday night, John convinces Carla to come over to his room, rather than staying in her room as they usually do. Carla does not know that John has concealed two of his friends, Mike and Foster, in the closet in his room. Mike and Foster watch through a crack in the door as John and Carla engage in consensual sexual intercourse and other sexual acts. Peeping Tommery/Voyeurism Henry and Sam realize that an ail-female Residence Hall backs onto a wooded area, and that the women who live in the rooms that face the back rarely draw their shades because of the private setting of the building. Henry and Sam take up station in two trees in the woods, with clear views into the open windows of the rooms on several floors. From their perches, Henry and Sam observe many female students in various states of undress. 23 NCHERM 2010 .41! rights reserved Transmission of HIV or STD John meets Carla at a party. They "hook up" that night, and engage in consensual sexual intercourse. Carla knows, and does not tell John, that she has Syphilis. John contracts the venereal disease. Inducing incapacitation for the purpose of having sex with the incapacitated person (This type of sexual exploitation occurs regardless of whether sexual activity actually takes place). 1) John meets Carla at a party. He intentionally tells her she is drinking fruit punch, though he knows it is Spiked with grain alcohol that Carla will not be able to detect. John intends to engage in sexual intercourse with Carla iater. 2) John meets Carla at a Bar. While she is not looking, he slips GHB, Rohypnol, Scopolamine, Burundanga, Ketamine, or other sedative or date rape drug into her drink. 3) John and Carla are drinking at a party. John is giving her Jell-O shots, and after a few, it is clear to John that she no longer knows how much she is drinking. John continues to encourage her to take more shots, intending to have sexual contact with her later. Sexual Harassment: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors andother verbal or physical conductor communication of a sexual nature when: A. Submission to or rejection of such conduct or communication is a term or condition of education benefits, academic evaluations or opportunities B. Submission to such conduct or communication has the effect of substantially interfering with a student?s education C. Such conduct is sufficiently severe, pervasive, and objectively offensive as to have the effect of creating an intimidating, hostile or offensive environment sufficient to deny an individual educational benefits or participation in activities at the institution. Intercourse: Intercourse is not synonymous with penetration. If it were, non-consensual french kissing could meet the definition of oral rape. intercourse is more limited. intercourse includes: vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue or finger; and oral copulation (mouth to genital contact or genital to mouth contact). Sexual touching: any sexual contact with the breasts, buttocks, groin, genitals, mouth or other bodily orifice of another, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice. 24 NCHERM 2010 All rights reserved 0 Effective consent: 0 informed; freely and actively given; 0 mutually understandable words or actions; 0 which indicate a willingness to engage in mutually agreed upon sexual activity (or in more plain language-to agree to do the same thing, at the same time, in the same way, with each other). One may not engage in sexual activity with another who one knows or should reasonably know to be physically incapacitated. SANCTIONS The final element of a comprehensive policy is a listing of the possible sanctions that can be imposed following a determination that the accused student is responsible for violating the sexual misconduct policy. Such a listing is explicitly required by the Clery (Campus Security) Act (to be published in the Annual Security Report), and when done well and included in the conduct code as well, it can also serve to ameliorate another of the structurai impediments often encountered by users of the policy. Most colleges adhere to this requirement by listing that the possible outcomes range from warning or probation to expuision. Most victims want to know that if they put themselves through all of this, the offender will be dismissed from college or dealt with severely. Otherwise, there is a strong disincentive to reporting. Clarifying sanctions is also of benefit to accused students, who otherwise face uncertainty not only as to responsibility, but to sanction as well. If a student is contemplating an action from a deterrence perspective, is he more likely to be deterred by a policy- that allows probation, or by one that usually assures expulsion? Establishing standard recommended sanctions will help to achieve these goals. Examples of sanctioning statement: 0 Any student found responsible for a violation of the Non-Consensual Sexual Contact policy will face a sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous disciplinary infractions.* Any student found responsible for a violation of the Non-Consensual Sexual intercourse policy will typically face a sanction of suspension or expulsion, where the recommended sanction is eXpulsion, depending on the severity of the incident, and ta king into account any previous disciplinary infractions.* NC ERM 2010 ?ill rights reserved *The sanctioning body reserves the right to broaden or lessen any range of punishments or recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. The sanctioning body will not deviate from the range of recommended sanctions without compelling justification to do so. OF POLICY Colleges need to recognize that there is often an information gap, and that the majority of students will not know exactly what sexual misconduct is, or how it is defined on your campus. They may be operating from definitions used in other states in which they had previously resided or attended school. Th us, your college policy should be thoroughly explained to each new student upon his or her arrival. This can be effectively accomplished during an orientation program on sexual assault prevention. As part of this orientation, a college official should explain not only what the school?s policies are, but also what to do if a student is assaulted. A sexual assault brochure that contains the school's policy, information on what to do if assaulted, area resources, and prevention tips should be distributed that time to the student body. Furthermore, the policy should be published in the first edition of the campus newspaper each semester, discussed at faculty meetings, incorporated into course material in appropriate classes, and distributed as part of Greek rush activities, RA training, and student-athlete meetings. GROUP INFRACTIONS The campus sexual misconduct policy may also include collective punishments for sexual assaults by fraternity members or sports team members, or other student groups if the assaults occur collusively. A practice of holding the group responsible for individual actions will exert peer pressure on the group if they know their behavior could affect the whole group. in order to be able to exercise this possibility, you need to build it into your policy statement. FOR VICTIMS Colleges should consider adopting a policy of limited immunity for victims. It is a well-documented fact that sexual assault victims report their victimization in less than 10% of all cases. Many victims are ashamed, embarrassed, filled with self-blame, or fearful of stigmatization. Because of this reluctance, schools should strive to create an environment that encourages victims to report assaults. Often, victims hesitate to come forward out of fear that they themselves will be punished for minor infractions of college policy that would be revealed in reporting their victimization. it has been estimated that alcohol consumption is involved in 70%-90% of all acquaintance rapes. if students feel 26 I NCHERM 20 IO All rights reserved they will be punished for underage drinking, the college will discourage reporting of more serious incidents. The school should make it known that while it does not condone underage drinking or violation of other college policies, it considers reporting assaults to be of paramount importance, and wili therefore extend limited immunity to victims in order to foster reporting and adjudication of sexual assaults on campus. Limited immunity means just that. Depending on the nature of the victim's violation, it shouid still be deait with, through education or counseling, if possible. GOOD SAMARITAN Students should be encouraged to report incidents of sexual violence and assist victims in times of crisis. Having a campus Good Samaritan ruie will enable you to empower students who may not otherwise make a report or lend a helping hand. A Good Samaritan ruie is not unlike limited immunity for victims, except that it provides limited immunity to those who report assaults, or other behaviors-which are vioiative of campus policies, or who assist victims of policy violations, but who might be policy violators themselves. This section excerpted from Creating a Proactive Campus Sexual Misconduct Policg Bren A. Sokolow, J.D., azrthOr NCHERM 20 i 0 A righls reserved CONSENT NCHERM 2010 A 1! rights reserved Defining proscribed sexual misconduct is difficult. Many colleges adopt definitions derived from state laws. Yet, many state criminal codes are antiquated, at best. Colleges are on the cutting edge with so many issues, ideas, and research. Sexual misconduct should be no different, and is an area in which colleges really can and do lead the way. The shift in this country away from defining sexual violence as force-based conduct has been championed by many collegesmaiority of states. Consent-based definitions of sexual violence should be the basis for college misconduct policies. The distinction is a subtle, but all-important one. Such a concept violates basic notions of our personal sovereignty. We have the right not to be acted upon unless we permit it. If a would?be mugger demands your wallet, he has no right to take it unless you permit it. Your silence is not consent to be robbed. Similarly, the silence of a victim is not consent to have sexual intercourse. Often, force-based policies contain an evidentiary standard that the sexual action is against the will of the victim. This starts us sliding down a very slippery slope. How do we know if it is against the victim's will? If she says If she ?ghts back? Must she leave a scratch or bite mark, or have his skin under her fingernails to prove her resistance? Might that provoke a sadistic perpetrator to cause greater harm? What if she is having a flashback to an instance of childhood sexual abuse? Should we still require her to fight back or otherwise demonstrate that the sexual action is against her will? 0 Or, is there a higher standard of personal sovereignty that shifts responsibility in these cases? Should it be the responsibility of the person being acted upon to announce their intention, or should it be the responsibility of the sexual initiator, the sexual aggressor??the one who wants to do the act-? to get consent before proceeding? Put another way, if a fraternity brother awakens after passing out in the middle of the party to find a naked, HIV-positive woman on top of him having unprotected sex, is it okay if she stops when he objects, or should she be required to get his permission first? Why should sex offenses be the only offense where the resistance of the victim is required? Should we say that it is not murder unless the victim tried to stop it? You are not mugged unless you tried to thwart the thief. For all of these reasons, defining sexual misconduct as an offense of force is an antiquated, outmoded, senseless structural impediment to a victim?s ability to self?identify and report incidents of sexual violence. Please consider adopting consent~based definitions for sexual violence. WHAT CONSENT MEANS In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that he or she has consent from their pa rtnerls). 29 NCHERM 20 IO All righls reserved Consent to some form of sexual activity does not necessarily imply consent to other forms of sexual activity. Mutually understandable consent must be obtained by the initiator at every stage of sexual interaction. Mutually understandable consent is almost always an objective standard. Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutually understandable agreement between them to do the same thing, in the same way, at the same time, with one another. The only context in which mutually understandable consent may be considered in its subjective sense (what did Tom and Sue understand their words/actions to mean) is in the context of long-term relationships where couples have established patterns of communicating consent that alter/ replace the consent construct elaborated here. 1- Consent which is obtained through the use of fraud or force (actual or implied) whether that force be physical force, threats, intimidation, or coercion, is ineffective consent; 0 physical force exists, for example, when someone acts upon you physically, such as hitting, kicking, restraining or otherwise exerting their physical control over you through violence. 0 threats exist where a reasonable person would have been compelled by the words or actions of another to give permission to sexual contact they would not otherwise have given, absent the threat. For example, threats to kill you, themselves, or to harm someone your care for are sufficient to constitute threats. intimidation (implied threat) exists where someone uses their physical presence to menace you, though no physical contact occurs, or where your knowledge of prior violent behavior by an assailant, coupled with menacing behavior, places you in fear as an implied threat. coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates norms of respect in the community, such that the application of such pressure or oppression ca uses the object of the behavior to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, environmental factors, such as isolation, and the initiator?s knowledge that the pressure is unwanted. Consent may never be given by: 1) A minor to an adult Someone under the age of (depends on the state) cannot give consent to someone over the legal age of consent (18), absent a legally valid marriage or court order. 2} Mentally disabled persons Cannot give consent to sexual activity if they cannot appreciate the fact, nature, or extent of the sexual situation in which they find themselves. The mental disability of the party must be known or reasonably knowable to the non?disabled sexual partner, in order to hold them .30 NCHERM 2010 -.4I1righrs reserved responsible for the violation. Therefore, when mentally disabled parties engage in sexual activity with each other, such knowledge may not be possible. 3) Physically incapacitated persons One who is physically incapacitated as a result of alcohol or other drug consumption {voluntary and involuntary), or who is unconscious, unaware, or otherwise physically helpless, is incapable of giving consent. One may not engage in sexual activity with another who one knows or should reasonably know to be physically incapacitated. Physically incapacitated persons are considered incapable of giving effective consent when they lack the ability to appreciate the fact that the situation is sexual, and/or cannot rationally and reasonably appreciate the nature and extent of that situation. 0 How incapacitation complaints are addressed This should be a part of your conduct training, but you will need to decide if it merits inclusion in the policy or as an appendix to provide additional guidance and information to students. Selective editing and inclusion of certain parts may be the best approach): incapacitation is a determination that will be made after the incident, in light of all the facts available. lncapacitation is difficult to assess because people reach inca pacitation at different points and as the result of different stimuli. They exhibit incapacity in different ways. Incapacity is dependent on many or all of the following factors: Body weight, height and size; Tolerance for alcohol and other drugs; Amount/type of alcohol/other drugs consumed/mixture ta ken; Amount of food intake prior to consumption; Voluntariness of consumption; Vomiting; Propensity for blacking-out {mentally or physically); Genetic predisposition. Assessing incapacity is completely fact?dependent. For complex allegations, the conduct board may ask an independent substance abuse, toxicology or chemistry expert to render an Opinion. Understanding terms is important. With regard to alcohol, there are multiple levels of effect, along a continuum. The lowest level is impairment, with occurs with the ingestion of any alcohol at all. A synonym for impairment is "under the influence." Intoxication is the next higher level of alcohol ingestion. Also called drunkenness, intoxication corresponds to the state's drunk driving limit, and a blood alcohol level of .08 or .10. incapacity is the next higher level of alcohol ingestion. The highest NC 20 I 0 All rights reserved level is overdose, or alcohol or blood poisoning, which may lead to coma or death. Incapacity is a hazier state than drunkenness. Some drunk sex will violate this policy, but not all. Only when the drunkenness produces incapacity will the standard be reached. Evidence of incapacity can be detected from context clues, such as: One person may know how much the other person has consumed; slurred speech; bloodshot eyes; the smell of alcohol on the breath; shaky equilibrium; vomiting; outrageous or unusual behavior; unconsciousness. None of these facts, except for the last, will constitute?4n and of itself--incapacita.tion. The process of finding someone responsible for a violation of the incapacitation ciause of the sexual misconduct policy involves an accretion of evidence, amounting to a sufficient or insufficient meeting of the standard of proof. This standard may be met with some combination of the first seven, or all eight factors. For example, incapacity might exist if someone is passing in and out of consciousness, and there is a high probability they could pass out again. Or, it might exist if someone is vomiting so violently and so often that they are simply in such bad shape that they cannot be said to have capacity. Sometimes, it may happen that a student has done things that, in the absence of the alcohol, would be clear indications of consent. There may even be unmistakable evidence of verbal and non-verbal consent. lfthe complainant is incapacitated, and the respondent knows or should reasonably have known of the incapacity, the indications of consent are irrelevant. Because of the incapacity, the complainant is held at a disability where hie/she cannot give effective consent, thus nullifying any factual consent that may be given. The eight context clues listed above will help the conduct board to assess and determine the extent of the respondent?s knowledge, given her/his awareness of whether the complainant exhibited any of these Another issue that often deserves attention in these cases is what toxicologists call ?blacking out" or "black time." Blacking out or biack time has two different possible manifestations, apart from being obviously unconscious. Black time does not affect all drinkers (only about but some will lose all conscious awareness or memory of their actions, though they may maintain physical ability and control. Thus, they do things that they cannot remember doing. in contrast, some people who experience black time experience it as-physical paralysis, with mental clarity. Thus, they have a mental awareness of the situation, but a physical inability to react to it, because the alcohol is inhibiting their motor skills. It is important to realize 32 a NCHERM 2010 All ,1ng reserved that both manifestations are possible, and that both describe someone who is incapacitated and cannot give effective consent. CLARIFYING RULES OF CONSENT A person who is the object of sexual aggression is not required to physically or otherwise resist a sexual aggressor; . Silence, previous sexual relationships, and/or current relationship with the respondent {or anyone else) may not, in themselves, be taken to imply consent. Consent cannot be implied by attire, or inferred from the buying of dinner or the spending of money on a date. Intentional use of aicohoi/drugs by the respondent is not an excuse for violation of the sexual misconduct policy. - Attempts to commit these offenses are also prohibited under this policy, as is aiding the commission of sexual misconduct as an accomplice. Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly {because you cannot be expected to read the mind of your sexual and all sexual activity must cease. a An ?intent" is not required under the Non?Consensual Sexual Intercourse policy. Uniike murder, for which there must be an intent to kill, sex offenses are not an intent-based concept. The requisite intent for Non-Consensual Sexual intercourse is demonstrated by engaging in the act of intercourse intentionally. Intent may be an appropriate consideration in some Non-Consensual Sexual Contact complaints (such as when a man brushes up against a woman in a sexual manner in a crowded room), and in attempt-based offenses. in the absence of the use of any type offorce, a capable complainant?s unreasonable failure to communicate his/her expectations to his/her partner may be grounds for departure from the standard recommended sanctions of this policy, but it is not, alone, grounds for a finding of no policy violation. This clause works together with the rules above regarding silence and resistance. It is to be applied to situations where there is some-- usually nonverbal-- communication from the complainant, but that communication is ambiguous. Instead of clarifying, the respondent acts on his/her incorrect assumptions, and engages in or heightens the level of sexual activity. The complainant, though not wanting to engage in this behavior, or heighten the Ievel of sexuaI activity, does not indicate this clearly to the respondent, and passively endures the sexual activity. For example, this rule would not apply to a situation where two students are fooling around, they mutually kiss, mutually pet, and then the respondent simply engages in intercourse with an unreSponsive complainant. In this case, the rules on silence and resistance would indicate a clear policy violation. However, it would apply to the case where the two students are fooling around, the respondent asks for sex {meaning vaginal intercourse, but an ambiguous demand), and the complainant responds by 33 I NCHERM 2010 All rights reserved removing her clothes {an easily misunderstood response, but one meaning to her that she is willing to engage in mutual oral sex, but go no further}, but the complainant does not communicate this to the respondent. He then engages in vaginal intercourse with her, during which she is passive, and to which she does not voice any complaint. This still represents an imprOper assumption on the part of the respondentviolation that warrants a sanction as strong as the standard recommended sanction. Consent has an expiration date. Consent lasts for a reasonable time, depending on the circumstances. For exam pie, On Thursday night, Rob and Jenn are together in Jenn's room. Jenn consents to sex with Rob, butjust at the point of intercourse, the phone rings. Jenn is on the phone with her mother for an hour. After the phone call, Rob and Jenn can engage in intercourse without res-consenting, though it is safest to check, just to be sure. However, suppose that after the phone call, Jenn is no longer in the mood. Rob goes home. He comes over again on Friday night. He cannot apply Thursday?s consent to Friday night like a coupon. Jenn's consent on Thursday has probably expired, and they should check with each other before engaging in sexual activity. This section excerpted ??om Creating a Proactive (701720er Sen-1a! Misconduct P01 icy, Bra/11.4 Sokofow, JD. author NC HERM 2010 .41! rights reserved AENENG EARENG PANELS NCHERM 2010 - AH rig/1!: reserved CRITICAL SEXQAL MISCONDUCT PANEL 1. Understand that campus conduct decision?makers are not asked to determine if someone did right or wrong. Their highest priority and most important discipline is to determine if someone vioiated policy. This is a key distinction. Most of us apply our personal ethics to campus conduct decision?making, rather than submitting to the true ethic of student conduct?enforcing the standards of the community. 2. Understand and apply the standard of proof in cont-ext, meaningfully. All of us know the meaning of "more likely than not?. Yet, most of us are not observant of our campus standard of proof, in practice. We tend to heighten the standard when the sanctions are tougher, and it is tougher than any of us will admit to overcome our social conditioning to always look to see if we have ?proof beyond a reasonable doubt.? 3. Understand that the question of whether someone violated policy is distinct from factors that aggravate or mitigate the severity of the violation. if someone is contrite, if they lacked intent, if they made an error in judgment, we are all too willing engage in a logical fallacy and take that into account in making our determination of whether policy was violated. Mostly, such considerations are irrelevant. So too are decisions to find someone ?not responsible? because we feel that if they are found ?responsibie?, the sanction will be too harsh. We must be disciplined to distinguish our decision on the finding from our decision on the sanction. If you feel someone made a mistake, or is contrite, take this into account by making the sanction proportionate to the violation. Don?t use it to find someone ?not responsibie.? 4. Assess information carefully. What are the facts, opinions, and circumstances? How does the information add up? 5. Police yourselves. When a line of inquiry or deliberation veers into bias or irrelevance, correct the problem. When a procedural error is made, cure it. 6. Train conduct boards on the rudiments of development theory as it applies to the campus conduct context. This wili help them to keep developmentaiism in perSpective. So many times, especially with student boards, you?ll hear things like know she made a bad decision, but she?s only This is devei0pmentalism run amok. We need to encourage students to mature, and challenge their decisional ethics, but encouraging is different than excusing. You can?t say that because someone is nineteen, policy is not violated, if with respect to the same behavior by a thirty?year old, you would argue they should know better. Behavior either violates policy or it doesn't. It isn?t a function of age or maturity. 7. We?re not training our campus conduct boards that their decisions MUST be made based ONLY on information gained from the investigation or admitted at the hea ring. Bring your common sense to the table, but not your common knowledge. It is a skill to know that you don't know something, rather than to assume that you do. NCHERM 20 0 AH rights? reserved 36! 8. Because we?re being called on to decide more and more sophisticated complaints, we need to realize that our depth of knowledge may need supplementing from sources of expertise, such a textbooks, professionals, studies and research. . if you need expertise in a campus hearing, utilize it intelligently. Figure out what you need to know in advance, and arrange to get the information you need introduced at the hearing. Don?t rely on the parties for this. it is your job to make sure you have the information you need to make a decision. Bring the expert, text or other source into the hearing as a neutral resource for the decision-makers, rather than as a partisan of the complainant or respondent. Give all the parties notice of the eXpertise you will be using, and give them an opportunity to challenge it. THE PURPOSE OF HEARING SEXUAL ASSAULT COMPLAINTS It is popular on college campuses today to choose to view the campus conduct system as a vehicle and opportunity for educational resolutions to policy violations. This is a healthy approach to the extent that it means differentiation of the college campus conduct system from the criminal justice system. College hearings are not criminal trialsjail as a result of a college hearing. Differences include the levels of proof required, the format, who adjudicates, and the involvement of attorneys, to name but a few. College hearings are not entirely civil either, since loss of liberty and pr0perty rights are at stake. Civil proof standards are used in campus hearings, but evidentiary rules and certain constitutional rights are drawn from both the civil and criminal legal fields. Thus, college hearings are very much a hybrid entity of the two systems, while also incorporating other aspects, which make college hearings unique within the administrative law field. Hearing a complaint of sexual misconduct, though it may be called something else on campus, is a serious matter. These offenses may be equivalent to felony-level crimes in most states. Yet, when a respondent is found to be responsible for violation of an institution's policy on non-consensual sexual intercourse, this may be viewed purely as an educational opportunity. Remedial action is required by Title iX, and while educational sanctions may work in some situations, college administrators must also be willing to discipline, when necessary. Too many colleges, in an effort to retain an educational conduct focus, are reticent to su5pend or expel student violators. Colleges must acknowledge and accept that their role at times demands a separation from the institution in orderto remedy a Title iX discrimination and protect members of the community. in the absence of serious mitigating factors, colleges have to be prepared to mete out separation-based sanctions, not just educational sanctions, for severe sexual misconduct. To fail to deal swiftly and assertively with sexual violence is a failure of institutional duties under negligence law, and quite possibly Title IX. it is also an untenable morally relativistic position to give only educational sanctions where the same complaint tried in criminal court could result in imprisonment. Suspension and expulsion need to be the default sanctions for severe violations of your sexual misconduct policy, or you are courting 37 NCHERM 2010 All righfs reserved a risk management nightmare. Serious sanctions are also necessary if your policy is to have any deterrent effect. Otherwise, students who are aware that you fail to deal meaningfully with sexual violence will feel as if they have an unfettered ability to commit conduct violations. PROCEDURAL HEARING BOARD ISSUES 0 Sexual Misconduct Hearing Board The first issue is whether or not to create a discrete hearing board specifically for sexual misconduct complaints. Many colleges have adopted separate boards, but this is not the only way to do it. As long as the board is to hear sexual misconduct complaints, whether it is a separate body or a board that hears general college misconduct complaints is really only a matter of institutional preference. if your college possesses the resources and is so inclined, creating a separate board just for sexual misconduct complaints can have the benefit of helping to reduce another structural impediment to reporting. Seeing that the college has established and trained a hearing board just for sexual misconduct complaints sends a message about how seriously the college takes sexual violence, and provides a sense of specialized competence with this type of complaint, which is reassuring to complainants, and hopefully to respondents as well. a Board Com position Many colleges today have hearing boards that are com posed of a combination of faculty, staff, administrators, and students. Hearing board composition is one of the main structural impediments to reporting. If an alleged victim seeks a confidential resolution, she (or be) generally will not choose a process where there is a board on which fellow students sit or current or future professors will hear her complaint. Complainants are usually much more comfortable with an administrative panel. Should students and staff be absolutely barred from adjudicating sexual misconduct complaints? If your college is large enough to sustain a pool of adjudicators out of staff and administration only, there is no need to add students and faculty to the pool. if, however, institution is small, and finding adjudicators is more difficult, or if you seek democratic inclusion of campus groups in the process as a matter of principle, simply allow the student-parties involved in the hearing the option of requesting on a case-by-case basis that students and/or faculty do not sit as adjudicators at that hearing. On a similar theme, it should also be possible for students to challenge the participation of any member of the board for conflict of interest or other good ca use. Familiarity alone does not create a bias issue. Only where there is a belief that a board member will not be able to provide an unbiased and impartial decision should an alternate be selected. Furthermore, it is recommended, if possible, that both men and women serve together on the hearing board. The chance for bias could be greater in an all-male or all-female hearing board than it is in a board of mixed gender composition. 38 I NCHERM 2010 All rights reserved 0 Hearing Board Size Hearing board size is significant in eliminating a structural impediment. Some colleges have a one- person board, or sometimes as many as twelve. With a hearing board of just one person, an alleged victim might fear the omnipotence of the adjudicator, where the opinion of one person will determine the outcome without perspectives from other adjudicators. 0n the other side of the spectrum, an alleged victim might fear having to tell twelve people about the worst experience of her/his life. It represents too much exposure, a feeling of vulnerability, and especially at small colleges, increases the risk that the rumor mill will leak information, thereby destroying the confidentiality she sought. So, what is a good number? Well, that depends on whether or not unanimous or majority voting is used, as will be discussed below. If a majority vote is required, your hearing board should be odd-numbered, which means three, five seven or nine. Few colleges have a sufficient pool to create a seven or nine?member board, and it is still a cumbersome and possibly intimidating size. Five is good and three works even better. it is my perspective from observing hearings on many different campuses that three member-panels are the most efficient and effective format. a Board Training Some colleges say they won't train their hearing boards on sexual misconduct issues because it will bias them in favor of the victim. This is like saying that in criminal cases, the judge should not know the rules of evidence, there should be no expert witness testimony to educate the jury, and the judge should not charge the jury with instructions on the law, because it will bias the outcome. Not training your board will get you sued because your board will not know what it needs to know to make the preper decision, and from that liability is but a misstep away. NCHERM has established a minimum competence for our clients of 2?days for training conduct decisionmakers each semester. It is rare to see a board operate truly competently without at least 2 days of training. The hearing board must be familiar with basic rules of evidence regarding relevance, credibility and rape shield rules. It must be thoroughly versed in an analytical approach to determining if a policy was violated. It must be instructed on questioning and deliberation techniques. it should understand Rape Trauma and common rape Furthermore, hearing boa rd members need to be sensitized to what the alleged victim is experiencing. He or she may be traumatized by recounting the events of the incident. Providing a box of tissues would be kind. Hearing board members need to bear in mind that Rape Trauma (RTS) is experienced to a different extent by each survivor. can include loss of appetite, sleep disturbance, nightmares, extreme phobias, preoccupation with the rape or assault, inability to concentrate on 39 NCHERM 2010 All rights reserved studies or work, anxiety about leaving the dorm or socializing with others, and sexual dysfunction. More importantly, many victims enter a phase of denial or shock that is common to RTS. The effect is that the victim may be able to supply many more facts, and recail much more detail about the incident at the time of the hearing than he or she was able to when the allegation was made. To a hearing officer these "new" facts may appear to be dubious and suspicious. This is a very common occurrence at rope trials and hearings. Don?t automatically jump to the conclusion that the victim is trying to "improve" his or her story. You need to be aware that the victim is likely to be telling you things of which he or she was not aware at the time the affidavit was taken. These seeming inconsistencies alone should not be held to weaken the victim?s credibility, but should be subject to more questioning and consideration. While it is acceptable to train your conduct officers on information about rape trauma if it is to be used as evidence in a hearing, ca re must be taken. If an alleged victim is experiencing of RTS, and wants to use that as evidence that she was sexually assaulted, that information can be introduced. The fairest way to do so is to give the respondent advance notice that this will come up in the hearing, to introduce information on RTS from an expert or authoritative text, to allow the respondent to introduce evidence refuting the expert or text, and to allow full cross- examination of the expert and the complainant. The expert or text should be a witness of or introduced by the institution, not by either side. The expert or text should not speak to the alleged victim?s and their correlation, but only to the common characteristics of RTS generally. M62 Should your board decide responsibility by a maiority vote, or unanimously? In practice, a board that must decide unanimously rarely holds a student responsible in a campus hearing. Is that a simple statement of fact or a question of elemental fairness? Regardless, it might provide ammunition to a lawyer in challenging the process. Ifyou use a unanimity requirement, keep the board as small as possible. Two people works well. Larger numbers create fractious inability to reach fair verdicts. Some colleges have adopted a system where the finding of responsibility is by a majority, but a decision to sanction expulsion must be unanimous. Structurally, an odd-numbered board with a majority requirement just resonates with democratic fairness, and invests all involved with a sense of propriety in the process and belief in the outcome. I also tend to see it, eXperientially, as the approach with the greatest risk management efficacy. a Standard of Proof Generally, the preponderance of the evidence standard is the better standard. Why then are colleges split evenly in using the two standards? Many colleges feel that where expulsion is possible, they want to apply a higher standard before they are willing to deprive a student of his education. This is a fairness consideration, which is understandable. However, in reality, it is not the best 40 i NCHERM 2010 .4 i1 rights reserved practice. In complaints where alcohol or other drugs, especially date-rape drugs are involved, it is nearly impossible to hold a student responsible under the clear and convincing evidence standard. And, as we know, 70%-90% of all college sexual violence involves the use of alcohol or other drugs by at least one party.4 How can there be clear and convincing evidence when both students were inebriated, or the victim is fuzzy about the events? If she is passed out, there can never be clear and convincing evidence without DNA testing. Thus, at least for such complaints, a preponderance of the evidence standard is preferable. Again, this goes directly to structural impediments. Why would a victim bring a complaint that is impossible to win? 0 Hearing Venue and Setup Hearings should take place in a private place, and should not be open to the public.5 The structural impediment effects of open hearings should be obvious, given that privacy and confidentiality are key reporting issues for victims. Witnesses should be kept in separate rooms, only entering the hearing to testify, and should not have contact with one another outside the hearing. Make sure the hearing room is big enough, as confining spaces can have an adverse impact on students under pressure. Should the alleged victim desire to testify without having to encounter the alleged perpetrator, what accommodations can you make? Can she testify in a separate room, or by closed circuit television, while still making it possible to question her? This is a best practice. A victim who is too terrified by the presence of the accused to make coherent statements is not a valuable witness, and the hearing will be a waste of time. Make sure that a videotape, audiotape or transcript of the hearing is made. It may be needed by the board during deliberations, on appeal, or for the college's defense, if there is a lawsuit. Make sure to take adequate breaks if the bee ring endures for many hours. Evidentiarz issues Certain evidence should not be considered in a campus hearing. irrelevant evidence should not be deliberated upon, and this includes information within the protections of rape shield rules, if it could prejudice the fairness of the process. What color underwear the alleged victim was wearing is not relevant to the issue of whether on not she consented to sex. Who else the alleged victim had sex with is not relevant to whether or not the accused had her consent on the date of the incident in question. Whether the victim has ever consensually slept with the accused before may not even be relevant to whether there was consent on the date of the incident in question. Yet, these types of questions are asked in hearings far too often. Hearing board members are obligated to prevent such information from coloring their decisions, and should not consider it in deliberations if it is somehow admitted at a hearing. 4 Sec (2.3.. Antonia Abbey, .-1c'quainmnce Rape and .4 {co/201 Consumption on College Campuses: How Are The}: Linked?, 39 J. Am. C. Health (1990. - . . Unless you re a college Georgia, where hearings must be open under state law. 4 NCHERM 20 0 All rights reserved There are four different kinds of rape shield laws in effect throughout the country, and they are variously mirrored on campuses: . Some laws bar admission of any past sexual experience, even with the accused; Other states allow evidence of past sexual experience with the accused, but nothing else; Some states allow evidence of past sexual experience with the accused to the extent it is relevant; Other states allow general evidence of past sexual experience, but require a very high threshold for determining relevance. Mirroring your state?s rape shield rule is one way to decide on what form the rule should take on your campus, but a campus hearing is not a criminal or civil trial, and you have the freedom to decide what type of protections you will provide. The key to using rape shield rules is to make sure that all participants understand the rule and its application before the hearing. Avoiding the revelation of certain evidence at the hearing is preferable to having to decide on the rule?s application to facts that are introduced in front of those who will be making a final determination of the outcome of the complaint. Evidence lacking in credibility should also not be considered by the board. Basic evidentiary training is a must for the hearing board so that they understand these issues well-enough to make on-the-spot determinations. 0 Presentation of the Complaint At some colleges, the college presents the complaint against the accused, and the alleged victim is merely a witness. At other colleges, the student?parties are charged with the responsibility of making their own cases and arguing them. Other colleges use uninvolved students to present the complaint for the stud ent-parties. A system where the students argue their own complaints/defenses is a good learning experience, but the victim should have the option of having the college or a student- representative present the complaint if she is not up to it. Many victims find it empowering to be more than witnesses at the hearing, and colleges should not take away that important healing opportunity. 0 Victim Advocate/Advisor All student?parties in a campus hearing should be allowed to bring advisors to the hearing. Some colleges limit them to one advisor each, while others allow both parents, or other supporters to be present, though in a silent capacity. Many large colleges are also employing victim advocates to help guide victims through the hearing process and helping them to deal with other post-incident issues. Keep in mind that where such services are offered by the college, Title IX may require you to provide the same services to accused students as well, and this is a best practice. We don't prefer confining advisors to members of the college community. This is limiting to the participants, and can often to rn 42 NCHERM 20 l0 fur rights reserved into bad publicity down the road, because it makes colleges look like they were trying to keep things quiet. If an assaulted student goes to the local rape crisis center first for help, and develops a rapport with a counseior there, there is no reason to deprive the complainant of this counselor as her hearing adonr Withdrawal by Accused Student If an accused student withdraws from the school at the time of the incident, thereby avoiding campus conduct proceedings, he or she may later apply for readmission. it should be a condition of readmission that the student submits to a hearing as he or she would have had it he or she had not left the school. if found responsible, the student must comply with the applicable punishment before being readmitted. if the accusing student is no longer at the school at the time the accused reapplies, it may be difficult or impossible to hold a hearing. At this point, readmission is a discretionary judgment for the administration. On one hand, the student has been found responsible for no wrongdoing, and may not have violated the policy. On the other hand, readmitting the accused student could place the rest of the student population in jeOpardy of another attack. This must be decided on a case-by?case basis because it is highly fact~sensitive. One thing to be wary of is the risk of liability if the student is readmitted and commits another assault. The victimized student may sue on the theory that the school unreasonably placed him or her in jeopardy because it might have been foreseen that readmitting the student could result in additional attacks. PROCEDURE The alleged victim should present his or her allegations first, and be able to call witnesses. There are some situations in which the alleged victim cannot or will not present his or her own complaint. It is not unusuai for the conduct administrator to appoint an administrator to present the complaint in the victim's stead. in fact, some colleges insist on presenting the complaint, and only use the victim as a witness. This is not the best practice. If the victim wants to present his or her own complaint, colleges should recognize that so doing may be cathartic and may play a large part in providing a victim with closure or at least a start to the healing process. If the victim elects to let the college present the complaint, the victim still has the right to be present throughout the entire proceeding. Another Option for the victim is to have a video system set up so that he or she can give testimony in a separate room and thus not have to see the accused. There still should be some way for the accused to cross?examine the alleged victim. After the alleged victim questions the witnesses, the accused student should be able to cross?examine them. Next, the accused student may present his or her defense followed by cross-examination from the alleged victim. Then, the accused can call witnesses. After questioning the witnesses, the alleged victim may cross-examine them. With the approval of the hearing board, the alleged victim's 43 to NCHERM 2010 All rights reserved witnesses can be recalled to provide rebutta-i testimony. The hearing board members are allowed to ask questions at any point throughout the hearing. Either party has the right to request that portions of the tape (or better, a videorecording) be rewound and replayed for the hearing board members or witnesses. The school may also find it necessary to provide time limits for each of these segments of the hearing. Hearings often take piace after business hours, and it is necessary to keep them to reasonable time limitations. For example, if a hearing starts at five o'clock, PM, it probabiy should not go on past ten o'clock, PM, unless all the participants agree to continue. Otherwise, the hearing could exhaust ali the participants. The hearing board members should allow and take breaks as necessary. If the hearing is not finished by 10:00pm, it can be reconvened the next morning or evening, or as scheduling permits, but the elapsed time should not be so long as to interfere with the process. After the alleged victim and the accused student have presented their arguments, each should be allowed to give a closing statement. The accused student should go first, then the alleged victim. The hearing board members should then have a maximum of 48 hours in which to reach a decision. However, if they cannot reach a decision in that time, witnesses may be recailed for further questioning. The members of the hearing board have to decide if the accused student?s actions meet the policy definition of sexual misconduct. Usually, the accused will receive a complaint based upon all of the applicable sexual misconduct offenses defined within the institution?s policy. That way, the hearing board can decide which violation best describes the accused's conduct as revealed by the hea ring process. If the alleged victim is entitled to submit a victim impact statement to the hearing board, this statement should be used by the board only if they determine that the accused student is in violation of the policy. This statement can help the conduct board members decide what sanction to impose. Some institutions use separate boards for the hearing on the facts and the hearing on the sanction. We find this an unnecessary complication, especially if the college has standardized policies with recommended sanctions for each category of misconduct (in a setting designed to encourage ethical development, fixed or mandatory sanctions do not help to ensure that the ?punishment fits the crime." However, guideline sanctions are helpful, because they still ailow for flexibility where apprOpriate, but also give guidance and encourage consistency where needed). Once a decision is made, the accused student should be informed first, then the alleged victim. They should be informed separately and at different times so that they do not encounter each other, unless they are both informed at the hearing, in situations where quick decisions are made. 44 (o 20 IO All rights reserved THE CONSTRUCT This Typology is about ensuring that for each and every complaint, we are asking the right question. If we ask the right question, we?ll have a better chance of getting the right answer. 50, how many questions are there? There are three main, overarching questions. Complaints get muddled when the wrong question is applied to a complaint for which it is not appropriate. The three questions that can be asked are rooted in policy. All colleges should prohibit sexual activity when it occurs under the following circumstances: 1) When it is forced; or 2) When it is non~consensual; or 3) When the victim is incapacitated, and that incapacity is known to or should be known by the accused. Force The force paradigm is one in which sexual contact is forcible or against the will of the victim. Some policies speak to resistance by the victim, and this too is part of the force paradigm, as resistance is shown in the face of force. In a force-based paradigm, the existence of force can be proved in two ways: 1) evidence of the application of force by the accused; and 2) evidence that the sexual contact was against the will of, or resisted by, the victim. Force includes physical force, threats, intimidation and coercion. All of the other terms that are used are synonyms for one (or more) of these four. Element of Force Synonyms Physical force Violence, abuse, compulsion Threats Harassment Intimidation Implied threats, abuse Coercion Pressure, duress, cajoling, compulsion, abuse There is some overlap among the terms. Abuse, for example, can signify physical abuse, sexual abuse, or emotional abuse. Harassment equates to threats, in a force construct. For example, Professor Crudge tells his student, Stephanie, that if she does not sleep with him, he will fail her. While on one level this would be classified as quid pro quo harassment, on another if Stephanie did sleep with Crudge, it would sexual assault by forcible compulsion. Stephanie was threatened. By use of the threat, Crudge applied a type of force. This should provoke some thought about what is sufficient to constitute a threat, and that will be discussed immediately below, in the ensuing description of the four types of force. 45 i NCHERM 20l0 rights reserved a. Physical Force Physical force is the classic force construct, equated with violence or the use of a weapon. No matter how slight, any intentional physical impact upon another, use of physical restraint or the presence of a weapon constitute the use of force. b. Threats The law defines a threat narrowly, as a direct threat of death of grave bodily injury. ?It you don?t have sex with me, I will kill you.? If a threat is used to obtain sex, forcible compulsion is present. 1 give a much broader interpretation than the law does to what constitutes a threat. Any threat that causes someone to do something they would not have done absent the threat is enough to prove forcible compulsion. While this is not a law-based interpretation, it certainly is useful for college policies. If I threaten you with a negative consequence, and that threat causes you to acquiesce in sexual activity, forcible compulsion is present, and sexual misconduct has occurred. ?lf you do not have sex with me, I will harm someone close to you ?~lf you do not have sex with me, I will tell people you raped me ?If you do not have sex with me, I will spread a rumor you are gay ?~lf you don?t sleep with me, i will fail you intimidation We define intimidation as an implied threat, whereas threats are clear and overt. For example, we have recognized that ?If you don?t sleep with me, I will fail you" is a threat. Yet, many of us would agree that it would be just as inappropriate for Professor Crudge to say ?If you have sex with me, you?ll get an A in my class.? But, would that be a threat? No. A threat has to have a negative condition attached. This example ?threatens? a benefit. I would argue that it is an intimidation, rather than a threat. if Stephanie agrees to have sex, it may be because Crudge is in a position of power and authority over her. What is offered here, the A grade, is overt. What is implied is what Crudge might do to Stephanie if she does not comply with his request. When we talk about intimidation as a type of force, it describes a situation where someone uses their power or authority to influence someone else. In sexual harassment, the offense is met if the victim is intimidated, but for physical sexual misconduct (such as sexual assault or rape), there is a requirement of use of force by the accused against the victim. Otherwise, any woman could argue that a sexual overture by any man larger than she was inherently intimidating. Because most men are bigger than most women, i would certainly hope that is not the case. 46 1 NCHERM 201 0 rights reserved d. Coercion Finally, the fourth element of force is coercion. We define it as a synonym for pressure, duress, cajoiing and compulsion. We believe strongly that if any of the four types of force is used, coercion is the type of force most likely to be present in campus sexual misconduct complaints. in a sexual context, we define coercion as an unreasonable amount of pressure to engage in sexual activity. What is unreasonable is a matter of community standards. We define coercion in terms of seduction. Society defines seduction as reasonable, and coercion as unreasonable. Both involve convincing someone to do something you want them to do, so how do they truly differ? The distinction is in whether the person who is the object of the pressure wants or does not want to be convinced. in seduction, the sexual advances are ultimately welcome. You want to do some convincing, and the person who is the obiect of your sexual attention wants to be convinced. Twist my arm, I?ll go along. Two people are playing the same game. Coercion is different because you want to convince someone, but they make it clear that they do not want to be convinced. They do not want to play along. They do not want to have their arm twisted. And the coercion begins not when you make the sexual advance, but when you realize they do not want to be convinced, and you push past that point. Seduction becomes coercion. Yet, coercion is a matter of degree. Some amount of pressure is reasonable and socially acceptable, but too much pressure crosses the line. That line begins when someone makes it clear that pressure is unwelcome, and for some communities, any additional pressure is unacceptable. This is a very intolerant threshold. What amount of pressure is unreasonable, beyond the indication that pressure is unwelcome. For these communities, determining what is unreasonable should be a function of four things: intensity, frequency, duration and isolation. Let?s say approached you at a crowded bar, and started to come?on to you. if i pressure you for sex for five minutes, will i get very far? What if i have thirty minutes to pressure you, or three hours? i have a better chance of success ifi have a longer duration in which to pressure you. Let?s look at frequency. if i have thirty minutesthree times, would that be less successful than if! asked you thirty times in that thirty-minute timeframe? Frequency can enhance the coercive effect. 50 can isolation. What if we weren?t at a bar. Would my pressure he more or less e?ective if we were together in my room on campus, with no one else present. My coercion will be more effective if i isolate you. Finally, intensity can impact my coercive eject. We?re at the bar, and l?m trying to convince you to have sex with me. lspend a half-hour telling you all the reasons why you should have sex with me. i?m really doing a great sell job, as lknow my product better than anyone. i tell you that i?m the best lover you?ll ever have. lchallenge you to ask any woman in the bar, knowing they will vouch for my prowess. tell you you owe it to 47 I to NCHERM 20 10 - All rights reserved yourself to fly Air Brett. i tell you this is one roller-coaster ride you just don?t want to miss. i give you my best Lounge Lizard act. Not buying it? i know why. The problem isn?t me. Any reasonable person would jump on the experience i am offering, literally. The problem, lsee now, is YOU. So, ichange tactics. ?You come into a bar, dressed to kill, flirt with me, and then think you can tease me and say no. You?re just a tease. You like to lead men on and then let them dangle. You?re probably frigid. You should take a chance, you might just like it. What are you, some sort of religious freak? God won?t know if we do it just once. i won ?t tell him. What are you, the last virgin in captivity? Everyone is doing it. Come on. Virginity is way overrated. Are you afraid your parents are going to find out? i won?t tell them, ipromise. loosen up. Relax. In summary, once you draw a line indicating that you don?t want to play my game, and pressure you beyond that point, seduction will become coercive. What amount of pressure is acceptable is a function of the frequency, intensity, isolation and duration of my pressure. Once your community standard is exceeded, it is apprOpriate for you to label my coercion as forcible compulsion. Consent What is critical to understand here is that consent is a key legal and policy concept that all colleges should embrace, and most have done so. Consent is a modern mechanism when compared to force, which is the classic rape construct, and is obsolete. Force is obsolete because any sexual contact that is by force is by definition without consent. Force became antiquated because of the difficulties in proving its use. Where violence was used, and physical signs were present, force was easily proven. Where physical signs were not present, the courts looked to proof that the sexual contact was against the will of the victim, and that was proved by evidence of resistance. The law, in effect, wound up requiring victims to resist. This had the odd effect of placing a burden on the victim to wound her attacker, have witnesses, or make sure to have his skin under her fingernails. It aiso placed victims in jeopardy, as resistance could anger an attacker, causing worse harm. And, in the case of the sadistic rapist, her resistance turned him on all the more. Consent was the way the law updated proof standards. It shifted the burden from the victim to resist, and placed the responsibility for obtaining sexual permission on the aggressor, or initiator of the sexual activity. The core of consent is the right of the victim to be unmolested until she gives clear permission for sexual activity to take place?what I call sexual sovereignty. Silence, in and of itself, cannot function as consent. The following section discusses Consent in detail. 48 10 NCHERM 20 IO rights reserved Rights Responsibilities Sexual Harassment Complaixlls 2009: None Sexual Asxaull Comglnims 7,009: 2010: No Complaints Received 2011 I 2010: 201]: mi marital>> slunlts NW nut in situation: miter Pumas ran mint rum: LINE censor "Willow am Itzw sum to: mm minim mi [answer/t Miiy ll, 200') neu no, nilitn in tin. mu rm "Noun it ati truur l'ilil stat sitalriit Minion is House Re 5 west Ne" tori, Den-- 1 am writing as it rotten-up to our meeting on May 6 2009. Also present at this meeting tias Ms, Rosalia siler. Director of Student Support and Crisis Management Hall 1001] My office received an report from housing allegaltuns of inappropriate conduct. You reported to startthat you had been drinking in the hiaritoii liouse Residence when you passed out in another student's bed You said you woke up a few minutes later to find that this student was being sexually inappropriate with you specifically, you said he was usntg your hand to lunch hiinselr You then said "what are you doing?" and ieh the room You also returned thut lust semester. you had been drinking with this 5mm: student and he put his hand under your shirt toucheri your breasts, You said thAt you did not report this to anyone but did tell this student not to touch you again You added that the two ni'you had been close friends altd tltat the lwti of you worked the prevtous tncident out between the two of you. You sattl that you (11d not feel unsafe around this student and not request for either of you to he relocated from the Marlton House Residence You said that you reported this incident because you wanted the other student's inappropriate behavior to be addressed, At this time, i will be pursuing this incident umlei' tllt: guidelines Student Codi: of ('unduct and the Non-Acadcmic Disciplinary Procedures, The student will he subject to the disciplinary review process and appropriate sanctions, My office will not he able to share with you the details or the outcome orthis process, but can assure you wc are taking this incident very seriously, ll you have any questions or concerns as to how this is being handled, please contact Tom McDonald, Assistant Vice President for Student and Campus Life, at (212) 229-5900 )t Tilisrr or mgdoll chooiedu. [would also like to take this opportunity to renund you orthc untiersity's alcohol policy. his infomiatton is also available an the Rights and website iis well as in the Residence Hall Handbook. you to rcvtety the Code orCoitduet uiid lunttlianze your light: as a student as well as your responsibilities it you have any questions or additional concerns, please feel free to contact me. lean also provide you With infomidtlon on _Il. Data Request 1. The University?s policies and procedures related to Sexual Harassment and Sexual Assault have been provided as Exhibits 5 and 2. These policies are included along with all other policies relevant to students on the Rights Responsibilities webpa?ge. The Rights and Responsibilities Of?ce is responsible for processing, investigating and resolving both complaints of sexual harassment and sexual assault as well as other allegations of non-academic student misconduct. That of?ce is managed by the Director of Rights Responsibilities, Gene Puno-De Leon, who reports to the Assistant Vice President for Student Campus Life, Tom McDonald, who, in turn, reports to the Senior Vice President fo Student Services, Linda Reirner. Several student publications including the Student Handbook, and the Campus Security Guide, along with various web links (Exhibit 15) direct students to that webpage which has the contact information for the of?ce and provides the most current information on the University?s policies and practices related to students. These publications are distributed to the entire community each academic year. In addition, new students are required to complete the University?s online Sexual Discriminatory Harassment Training prior to - enrollment which has the policies and procedures and list the contact information for students who wish to ?le a complaint or seek additional information. With regard to employees, the Sexual Harassment policy is included on the Human Resources webpage: and is also included in the Institutional Policies Procedures Manual which may be accessed through the MyNewSchool portal?. At least once a year, Human Resources noti?es Employees to take the online Sexual Discriminatory Harassment Training.5 The University has been fortunate not to have had any cases of sexual assault involving a staff member but like any other emergency or on campus criminal activity, employees are advised to call 911 ?rst, then Security and then Human Resources to determine what policies and resources are available to address their needs. As continued in the responses above, the University has both a Sexual Assault Policy and related procedure as well as a Sexual Harassment Policy. Human Resources manages complaints under either policy received from employees. Rights and ReSponsibilities manages complaints under either policy when the complainant is a student. Students and employees always consult the of?ces and staff designated in the policies regarding their desire to file a complaint and the staff members in both of?ces have the professional training to analyze which policy is applicable to the facts as described and to advise the complainant appropriately. As a general distinction, the sexual harassment policy would be used for behavior that cannot be characterized as sexually violent but the student/employee would be advised of their options under both policies. The Assistant Vice President for Student Campus Life, Mr. McDonald, is the Title IX Coordinator and this designation is in the Sexual Assault Policy. The University will take steps to ensure that such designation is prominently disclosed in other publications and websites geared to students for fall 20] l, where possible. The University?s published catalogs contain its Equal Employment and Educational Opportunity Policy Statement and direct all inquiries, $3 excerpt ofthe IPPM, Exhibit 11. Se; Exhibit lla, Employee page of MyNewSchool Portal. Se; Exhibit 16, February 201 1 Email Announcement to the Campus Community. 3 support services available at the university should you wish to speak with someone about this incident on a con?dential basis. Gene Puno-DeLeon Director Student Rights and Responsibilities CC: Gerwvalcd by Punn-De Lean Game New sum" university Genemled arr June 07 2011 Incident Summary Report ent police information Wete residence the or housing an" memhen rimmed ahout the incident" No Did the department nukn mt omeini mpmotthe incidenl' No Poiice neomnien Incident main Information Incident Numhen zouenuuss ineioent Dani: 911512005 Rehrnl note: tong/2mg lnnidem'fme: 100 AM incident Typo: Nm Respondent Respondent io:' -- Rusunndint typo. Siuoent zoos ii conduct vioiahons conduct Vioiations Hearing embers PunurDs Leon Gsne Aflecteo partlvictim Heart Resident Nthe Steiman 5mm 7 Rosmm Place at incident: Zone. Res'nence Haib Location Sluy Park Reslaenoe Hui Roam No Room specificiocaiian iHoz Narratives: 0n Satuvday toit7 ataiouno 1045 am. stuy Park resideHI,--wenl to RA, Anei Redmund' -- hei roam mate, to taik she toid Anei that about 3 weeks a she and the residents af were dyinking in mm_ no that she was piety named and i at mam-ea - |o his mom and tank advantage at her -saio that she and-tad aiready talked about having sex and that she did not want to have sex With him in the mami'orceo himseii Inslda hei and-says she very dearly toioi wt i (a stop. but he didn'L The nexl morning-contronted aboul whai happened and he Saifl' "Sarry i get pretty petsuaswe when rm omnk says she is notcomtmtaoie many people whet happened and am behaves might riot be the inst tint has sexuaiiy assauiteo a restoent, ano that he has some issues (oepiessich and he is aiso oipoioi). encourages-to speak with a counselor and rensswea he! that the unly peopie who would him about this inuoeht ais the peopie who are required \a know -(aid Aiiel 1th same at the omer oaapie who were in ihe mom saw-head Genevale hy, Punena Lean, Gene sch"! Generaled on: June 07. 20M Incident Summary Report her lo room and lhey are l' lo vuuch fol hers Ariel men oomacied me (lefi- HR Sluy Park), as lwas on call that (131.5712 emlalrled what happened. men confided -and asked her ll she would llke speak lo Juslln Lee (who was on call), Maureen Snelldarl. ol me -Sald she would speak ms and we could meel ar 9pm rhar evening Al 9m on low - rhel ln lhe olhoe and I asked her lo explaln whal happened lo hers When - met wilh me she recounted lhe lollowrng 0n Will--"l room - and-wele mammg' lhey were bed and were "mahrngoul" and he lmaxsd on hed wrlhoul any sexual -elairns lhal lrorn lhe she 15d lold hlm. "No sex-Whal il-(her ex ooymend) and I gel back logelher? morn hesihg and lahiog lor lhe enllre The Hex: The followlng hrohl on owe-was lnloxmaled lo lhe palm where she sald she could belely she sald she had jusl gone lhrough a blaakup and was vulnelable -was cn-and-said lhal sald he "loved' her, and lhal she was 'beau I ul and smart" sand she drun'l Dellev-bu. she was gorng lhreugh a rough bleak--up and was there |I:l focus hel ailenlmn on Thar (USHEL- sard lhalrnvinaeo her lo go Io Ills mum and she was her suite and in m_ roorn sa when she gm rn mam ul her on his bed. and lold ms mommaler--wm was mm-- le leave -sald lhal al lhe polnl her memory gels hazy and she could nol recall exaelly whal happened She sard she was exlrernely lnloxrcalso and could hul walk properly she remembers lme nh- Dedr hul caan rememher how she gal undressed lshe says she was naked by lhis palm) she recalls being very sid< and and she nol wanl lo lsnxuellyl -resouhls lhal lhloughoul lhe nlohl lhsy were maklng oul' bul she sald lhal he eyenlually "(clued her head down aller prolusely lo glve penis a haldsua once' Aherwards he "pm [her] hand on lap al ms pens and lusl leh l' rhere Then he louohed lherl and men [she] hlsehed eul lor a hrl" an a :undom and oer 'thl ale you dulng His answer to man was 'I'm lusl sang safe 'alu has she rammed mm war she was no. lo have sex him and he sald, "1 know. I am Jusl sore. lake core 01' you," -sard lhal lhe nexl she rememhers was {her}: She sald lhal she pushed away and sard Gel uul -l rn nor having sex you -sald lhal-espanded oy sayrhg, "We're hol Calm down she sold lhel he kepl and farcmg himsell insrde [her]" she sad she ushed 21nd sald we, gel lhe luck on- Then he lrled lo calm her down and sald' "I'll .usl slay hem lerawhrle see she was mo drunk and may lo answer hy lhen, so she lusl slayed where she was and iusl closed her eyes she said lhal lhe next she knew he had her "on lop ol and was lherl and manually elrmaxed {her}- -sail1lhalshe pass oul aller lhal and cannot remembel anyman else she sald Ihzl lhe lolluwrng mornin she gol dressed and sard lo hrrn, 'l oen'r helieve you lhal "-sald mar-laughed "1 response and Sald' sorry l'm prelly persueswe when l'm drunk -ssrd lhal rn lhe hexl days, she lo hang oul because she "wanted lo leel ahached \n someone our couldm remember' she saw: l| look her awhlle lo rememoer some Dans ol lhe she sard she lold sons lnends what happened. and her -who she hack lagelherwim and lhey herlo (alk lo Ariel, her RA -lold me lharl she had laken lhe momlng allerrpil! hul wuuld llke \0 see a doctorlor lunher STI lesth Alter speshng Lenny lhe AD on call, presehred .wrlh dlflelem e1 she muld do lncludlng a NYPD repon, a securhy repon, and Maureen She sald mar she would llke lo do all ol lhose She sald she lell okay slayrng In her mom l: FYI lyoe Relelred lo Ginnvahd by FunnrDe Lean, Berle NewschoolUml/ersw ee'nemue an: Junem 20H Incident Summary Report Incident pollce information was reslaencv life or housing eufi members nalzfied zhaume incl-um Na ale pollen/security depunmenl make an omnm repm a: me lneieem? No Police Denanmans: Incident main information lncieenl Number. 290900057 Incidenl Dale. 9/1 512009 Relenal Dale: 10/18/2009 lnemem 11mg: 12 an AM Ineldem Type: nespene. Respondenl name: Sludenl Anusmfl; Nu Healing officers Purlo-De Leon Gene Ralenalt: Aflevted pan/Victim: Head Resldenl lea slelman Swim" Rcs'dcm Witnesses Place Di Student Zone: Resldenne Halls Sludem Lucaunn Sluy Palk Resldenoe Hal Sluaem Room Nu Rm. specific locazlon. Narmiv On Saturday, 10/17. a| aruund ms am Sluy Falk residenn lulls Chu (ND0145285)wen| |o Anal Redmanfll Jacqueline Sunano, her mom male' to lalk sne lela Anal me: about Sweeks ego sne and me resldems If were ln man 1H Julia lulu Niel sne was preliy sne Johnson wumslasn nl mum moz led .lnlie la loam and look nayanlage or ner, Julln said sne and had already lalked abaul naylng sex and man she ald not wan| Iu nave sex wan nun. In lne loom. lumen himszli inside ner and Juha says she ysly cleariy (aid |o ilnpy hm ne mm" The Julla cenlromed ku aboul wnal nappenee and ne Said, "Sow gel Welly persuale wnen I'm drunk 'Julia says sne ls nal cumfnnahle met. many penple wnel nappened and alsn behaves nol be me lune \Mll has sexually assaqu a lssleenl' and ma! he has some lssues and he ls also An'el encaLraged June in speak mm a munselal and reassured her met me only people w'm know maiden! ale Ihe people who ale reamed |c know Jullz Allel lnel some ollne other people who wele ln ms monl saw lead Generaled ny: Flinn-De Leon Gene Gonommd on June 07, mil incident Summary Report her lo his room and lhey are willing ld vouch lor her Anel lhen eonlacled me (Nukes HR sluy Park), as was on call mat day she explained whal hapaened I men cdnlaeled Julia and asked her ll she would like to speak Io Juelrn Lee (who was an Maureen snenden, or me -sard she would speak me and we could rneel al 90m lhel even he Al Sm on 10/17 _mel ms in lhe oflice and asked her lo explain whal happened to her When- met me she muffled he inneenr on Dem-in room -erld -were in his room. and |afl Genummd ny: Punene Lean, Gene err June 07' zen Incident Summary Report on Sumey. 10/13' er avound 2pm, me sscumy supervrsen Deug Shayne cams |o Smy Park re |alh re The NYPD also mum to Kake a repon -Iuld (he emcers whal had happened The eureers also luck eenracr Tnlomamn and einh dare The NVPD men role -Iher she was \e have to an rhe seeder depanment enswer (miner questions eleng with rhe pence, re rhe sreuen -spoke to ma pence wnheur my presence and renamed the ineraehr In rhe end. I beheve me pence [old-lhat rhey wuuld not be able to preve because rhere was no evrdenee and was too late in :10 a rape kn -uele me (her she eeadee re sign a Ierrn stenng Lhal she weule ner pursue ms sexuar mismnuud merge Huwever, she meme sun like lo take aerien lrmugh me unrvereny. .mows ma! Maureen shenean wn be cemaer her to sel up a meehng rhe nexr 1ew days The genes erncere <n45 SCHOOL m: use: EWL rm: snout mum>> Mimir see was: mu MEMEMAKD m" mum museum us,- . mama was>>: minimum; Mille we: mu>> new mom mum: November 17. 2009 Stay Park Residence neu- wme in non vou dime outcome ofmy leview ofthe allegations ofsexunl assaull that made against another student, This information is being provided in per your request and pursluut to Section of the Family and which allows me university to slim my findings you. As I explained to you at our meeting on November 16 2009, under Section 1113.] of the university's Nan-A endemic Dirciplinaly Procedures, Waived his right to a Disc Panel Hearing and chase instead in have the incident reviewed by my office [met withfl on November 11., 2009 to review the allegations against him, My finding was inconclusive in that was unable to detemfine with any reasonable certainty that the alleged violation did or did not occur. Thus, I have determined aim--will not be held responsible for the allegations against him. He was informed that a record of my finding would remain on file With the university and would be considered should any future allegations of a similar nature be filed against him. ther,_was cautioned net to attempt to contact you directly or indirectly either in person, by phone, or in writing to discuss this incident, and that any attempt to do so would constitute a separate violation of the Sarmzl Asmult Policy and Procedures I understand that you both have chosen to remain in the same residence hall throughout this process At this point, neither of you will be asked to relocate to another residence, However, that option remains available to you should you so chose. Should you have any questions, lean be reached at 212 229 5900 x3659. Sincerely, Assistant Vice President Student and Campus Lle cc' . mammals-mt Mlullot' MANNEDMLEC 039mm tint mm rue NEW new we 120' ursiuu event: we cautut in: m: Autumn": mu mum MEWS THE Nit" the Nat sew: Fox arm it: new November 17, 2009 -- Deat-- 1 write to natiiy you crate outcome of my disciplinary review regarding allegations otsexual assault that were made against you by another student,-- I met with you on November 5, 2009 to discuss the allegations made against you by mother strident and the related disciplinary procedure As you know, on October 19, 2009. this student filed an incident report with Student Rights and Responsibilities. Ms. Gene Puno-DeLeon, Director of Student Rights and Respuusibililies, met With you to review the allegations and allow you the opportume to respond. She also met with the student who filed the report and then separately with students whom she said might provide additional information, Upon review of the incident, Student Rights and Responsibilities referred the incident to my attention in accordance with Section 3(d) of the university's Non-Academic Disciplinary Procedures, hence our meeting. The student alleges that on the night of September 18, 2009, while she was intoxicated to the pornt of stumbling and not being able to walk properly, she went with you into your room She alleges that she was laying on your bed naked but could not remember how she became naked. She alleges that she Felt sick and dizzy, and told you that she did not want to engage in sexual conduct. She alleges that throughout the night you and her made out and at one point you "forced" her head down to your penis and begged her to lick your penis. She alleges that you put her hand on your penis She alleges that you put on a condom at which point she reminded you she did not want to have sex. She alleges that you forced yourself inside of her and that she pushed you away and again told you she did not want to have sex She said that after you stopped she closed her eyes and you then had her on top of you. entered her, and engaged in sexual autinty until climax. She alleges that she then passed out and could not remember anything else. When you met with Student Rights and Responsibilities, you said that sexual activity did take place between you and the other student on September 18., 2009. You said that you both had been drinking but that she was not intoxicated to the point of having trouble walking. You said that the sexual activity was consensual and at no poinl did she ask you not to engage in sexual activity. The incident report containing the exact allegations made by the student was made available to you for your review, You also provided a written statement for the record with your version of events 1 informed you that under Section 111. 35 of the university's Nam cademic Disciplinary Procedure: this complaint would be reviewed by is Disciplinary Review Panel unless you chose to exercise your right under this Section to waiva review by the Panel) in which cases the Office of the Senior Vice President for Student Serldoes Will review the complaint and make a determination of responsrbility. It was explained to you that I would be the person handling the matter for that office. You told tne that you wished to waive your right to the Disciplinary Review Panel, You and [met on November 11, 2009 to review the incident. lmet with- on November 16, 2009 to review the incident with her, My finding is inconclusive as I was unable to determine with any reasonable certainty that the alleged violation did or did not occur. I hereby determine that you Will not be held responsible for the allegations against you. However, a record of this finding will remain on file with the university and will be considered should any future allegations ofa similar nature be filed against you. Pursuant to Section 99.3102} (1 3) ofthe Family Educational Rights and Privacy Acl, will be informed in writing of my finding. Do not attempt to Contact -directly or indirectly either in person by phone, or in writing to discuss this incident. Any attempt to do so will constitute 2 separate violation of the Sexual Assault Policy and Procedures. I understand that you both have chosen to remain in the same residence hall throughout this process At this point, neither of you will be asked to relocate to another residence, However, that option remains available to you should you so chose Should you have any questions, I can be reached at 2122295900 3656. Sincerely, Thomas I McDonald Assistant Vice President Student and Campus Life Notes May 5, 2011 Meetinswir-- Also present, Dr' MEWean Todman I read the complaint to_ that was presented by his student,-- lthen read him the quotes_ had written that-allegedly said dur'lrlg class. responses are as follows '1 lure a woman with some 1w under me: alarms made me comment, but related to amul metmsexuallty and lmagesa corn/mo>>; maybe we rusmama shy mm la/e- Does not recall srahemenl at what rt references, It) Illa ,7 storm>>- c'l the and or we They do"? text me. Not sure, but may have been sala reference tn mung, Related a story about us sun's comment almul his not using popular tethnolagy May have also alscussatl laws cf "sexing" dass as an example. "paw/o sm- may; al'spr/sa/ guys: lam cut. Does not recall "13ka thus slammenr, "Pm? keep tar/mo me to all tile I?qu because on" ranlasar: women 4 He has been lo he a keynule sneaker mm by :allaagues ln Elma This was what was to via e-mall 'lVa/r more warren ale ['r'rljm'uedmvg "Dues not recall maklng statomunt. "You Anon Ilow (we/law when women pm/Jna'mon mam on me sweet they tarrlayan Ll? ran/w when they're mama: mater salu "guys have a le at Iron," Pussth in nzfersnze h) a about Mohammad and ms Father, and rmracles, the lam as a Sign ol llama, stereobme olnow some men unratnlul even aner mamage, made Mls/l (hangar/me Dallas Colloons'c/reerlealrays mug/ll; (mean, Illey ale gm; 1' He ls a Dallas fall, l5 a male student in claw lrom Tees he "teases" an "ram gm are mam/ass arms}; an Wilma/If "m Illa! He was about macho culture Dues not belleve lnis 'Far Gm sale, Mayrelev/A' out P/coflfro/mmA'llIgJ woman may .79 a 9m ma nut on mls. He has referenced Woody Allen ln class hm "ll/nary [Al/m] Wat/Mlle my? run, was Maybe r: does not mail what this remark was about. mm #7 pad, on 'msls lure Iwep/ay. you/lava to go MW, ymnaya to rm; to gs are ng/lz we): He has talked about "goler slaw" and talked about foreplay as a pmoess, ahuul not dang lmmedlately (D and R/sz Woman He was rElErErIEIng IVIE about divides related tn amluaas at people in me northern olmes being mam uprde that tlwsa the southern (km, the arms leh the body etc. RsAanw ms Mama-ts "(hose arm-1' Kat/no; 'Imrn 1mm mar me comer WW luau/d we do WIUan/an'c'fia mvsuv' H2 lalkad about the an mmgranon measures maK have attuned Anzorla, may we send aboul ;alapenas nut ltwas ln an effort tn add leww the class, not meant to be dauoalw Elm-m; mam where only Ismals samura- an) seated and say/no "you're all a {mum at yams) gins and I'm an old 9W not on _talked about the Aprl! 21" class during which--challenged statement about "bitchy mothers." He said that he was a story about Mohammad who was reputed by his mother to have displayed of being the divine chllo, tlus context he was talking about parents' expectations projecled onto their childlen and that how some mothers at a playground, fur example, can be bitchy towards other mothers. . With regards to_e-mail, he not recall gesturing to anyone in class, He did have a student who was working With him on a project involving the image onhe high-heel, he reiterated that he did not recall pointing to a girl and calling her "sexy." At the end ofthe meeting, we discussed grading._ reported the--hrs: paper was an A, second paper was a and title quality of herwark remained consistentthe class as a final grade. tel-that the student should be graded lairly based on the merit oi netwotk. lithe student disagrees With her grade and specifically claims that the grade was unfair berause of the complaint, she will be told that she can do a grade-appeal, Ifthe normal appeal process involves the same instructor hawng to reviewthe paperor exam again, it may have to be another instructor who will do the appeal. we did not discuss absences. 10mm"! mum mm in. MW sonnet sums mo onttasr run mitts :uataonwr MUSIC we are Sb" mm gone "23 . 129, at}: nuiirenntni 111th Am n. in Nut XilrLN\ limit tannin tninrilt norm 1. .mz sum um. new hint din <lhal the problems--experienced with her mail delivery were in anyway related to her complaint ofsexual assault and requests that provide ihc facls supporting a causal connection between the two. Rather than any retal on, mail problems arose from her ravidlrig the incorrect inailing address once she changed donns. The communications hetw and university personnel surrounding the problems with her niail are attached hereto as Exhibit 6. in addition, all students who live in university housing are told to review and are given access to the Residence Hall Handbook which contains related to mail services as well as on other relevant University policies, procedures and practices. A copy of the HER is attached hereto as Exhibit 7 _third allegation is that the University's policy for responding to complaints of sexual assault is not equitable, as [a permit the accused individual but not the complainant the right I0 appeal the outcome nra hean'ng in a sexual assault case, The University acknowledges receiving concerns othcr students and staffrelated to the application or nonsacademic disciplinary procedures ("disciplinary procedures") to complaints or sexual assaultr More specifically, until April 2011 the disciplinary prooedures only permitted the students accused of and found responsible for a code of conduct violation. including a sexual assault, to appeal that determination. As part ofits revision ofiLs Sexual Assault Policy this past spring, the University currently provides both the complainant and the accused in sexual assault cases the opportunity to appeal the determination of the decision-maker. The new policy, Exhibit 23, became effective on April 11, 2011. Fourth--alleges that the University fails to adequately publish its procedures ror responding to' sexual assaults. The University's Sexual Assault Pdlicy went into street in April was and since then has been listed. along with all other policies procedures related to students, on the Rights Ale Responsibilities public webpage' The website is referenced in the Student Handbook that is provided to new students as part of their orientation packet and Tnde available to all continuing students each year on the Student Services' website. Hard copies are also made available to the academic and advising offices for distribution to students The 2010401] Student Handbook is attached as Exhibit 3. The link to the webpage is also provided in the Campus Security Guide' that is distributed lo the campus community each year. in addition to the public websitc, identical information directing students to the Rights Responsibilities weppage is provided to students via [he MyNewSchool' portal which may be accessed by students and staff with current log-m access While the University lnis not, until this Complaint, received any ouncem that students have not been able to locate the Sexual Assault Policy, the process underlahen this spring to solicit recommendations for updating the Sexual Assault Pulley did result in changes to the Policy relating to pmcedum surrounding student complaints, including those specifically related to sexual assaults and, more specifically, the BESS-Communication between the offices and administrators that share responsibility for implementing the University's policies and procedures related to sexual assaults. The University is in the process of analyzing its procedures and is developing it urination tor implementing the revised practices for fall 201 . Fifi _alleges that the University failed in respond appropriately to complaints otscxual assault. The versity requests the specific facts supporting this allegation. The list nfcornplalnts received by the University and what actions were taken are included in the following response Lo Data Request. Exhibit 9. s_ee Exhibit it), Student Page on MyNewSctiool Penal by, Puma-De Lem Gene New school "Myers," Glneralw on: June B7, 2011 Incident Summary Report Incident police information Were residence lile or housing Ma" members notified in. incidenn No lhe police/security depiflmentmake an official upon unl'le No Police Deunmenis: Incident main innldam Number: 2002101003 Incidlnl om: 5mm; Dale: 5/1/2009 lncn'llnl Inna: 5:45 PM N00134055 Respondent nzme: -- Respondeni we Student Arrequ No 2008'" A4 harassmenl indudes but IS not i0 tcuclwig of any peMn HARASSMENT Br slrnilsl conduct lha| mrealens urendangars the or amulluna! healih and/m safety oi any person on pmpeny or al functions Hearing animus Fume-De Learn Gene Siler Rnszile Rlinrnli. Alfacigd Residence Hall Diledor Lucas Bleflelrl Na Vicilm MA Place oiinulmn Housing Siafirnembel Kalie Saunders Zens Residence Halls Localmn Ma men House Room, ND Room Speclilc Iocsilon' - Narratives: a| appraxlmaieiy 5 Aeum' RA Kalle Saunuels called me (RHD Lucas B'lerleln) Io repon [he was in me RA Office and had leplmed a lsexuai Ihai occurred "16 nigh| beiole. I came dawn. le Dried [wlih Ksiie Saundas in Ihe mam) mat lasl she and friends had been Dui and In room She says she had much in mm and mum "m make it up to her mom She says lhzl-lhen lrwlied herlo sway ms loam She says she passed ou| on his bed al alound 2.00am or so. and awake at 3 (mam a acl occurring She says she lmmedlaleiy lei! the mom she rammed EVEN In he! mother momm Whu encowaged She came fulwavd wl|h ihls lnfurmaiiun Kane and lsponed mis in Rnsalla Slier aflar meehng w-mh 5/6/09 NOTES Also present: Rosalia Siier Student stated that on 4/30/09, she was in_room in Marlton. She stated that she and other students had been drinking beer, playing drinking games. She stated that she and -were pretty drunk, She was unable to return to her room as she was very intoxicated - and his roommate then told her that she couid just stay in the room. She recalls "passing out" on his bed and she suspects that he lay down next to her. She said that she then started to wake up slowiy after what she estimated as about 1015 minutes. As she was walking up, she felt a little confused about where she was, She described feeling like she was being touched all over her body. She stated that all her clothes were still on She then felt as if "someone" was moving her arm for her. She realized that-was "jacking himself off" With her hand. His pants were off. She than fully woke up, said something to the effect of"what are you doing?" and rushed out ofthe room. As she was leaving. his roommate was leaving as well and she recalls saying to the roommate something to the effect of "your roommate's a douchebag," Student said that the roommate did not witness the incident. The following morning_ Called the student to tell her that she left her shoes in his room. She told him she did not want to speak to him then hung up, She went to class and when she returned to the building, she spoke to RHD Lucas Bierlein and reported the incident. Prior to that she had called her boyfriend and her mother. On Emma-called student and tried to start off the conversation with small talk, She said she called him an "asshole" and told him what happened. Student said that -ciaims not to remember the incident and thought that he just tried to kiss her. student said that he was apologetic and said that he would reach out to his RHD and "confess" everything to him and tell him that she would not have any reason to lie. Student shared that last semester. another incident had occurred. Again. she and - had been and were both drunk. She said that-put his hand down her shirt and had been rubbing her nipples. She said that she was angry but decided not to report it. She said that the two of them just worked it out and that they were best friends. ms NEW smut mxunmnum his 2574 mum: r. .., tum ruttcv restart rum: uttn mun: a rot MUSIC mm It: [adamant WWEMMIU music May 12, 2009 79 Fifth Avenue ritu- rt NewYulk, NY 10001 r212 5549 at: 227.5156 erCMrEWsdiooledu Wu otwsehuoledu Student Miro and Respond irier Mar ton House !esideuee Hall 5 West Street- New York, NY 10011 Dear-- i tun writing to summarize the disoussion and outcome of my disciplinary review meeting With you on May 6. 2009. As you are aware, I received a report alleging that you had touched another student inappropriately. According to the report, she was in your room at the Marlron House Residence Hall With you and other students drinking. The student said she was very intoxicated and that you offered to let her stay in your room since she was not able to get herself back to her own room. She reported to staff that she passed out on your bed and woke up a few minutes tater to find that you were using her hands to touch yourself. This student also alleges that last semester you placed your hand under her shirt and touched her breast, At our meeting you said that you did not remember the incident because you were intoxicated. You said that you remember "blanking out" on your bed With a 40 oz. beer container taped to your hand. You said that you were the only one in your bed at the time you blacked out and do not recall telling the other student that she could stay in your room. You added that you had the alcohol container taped to your hand when you woke up. During our conversation, you stated that you "can't say it didn't happen, but don't recall the events" You subsequently stated that you don't see how you could have carried out these allegations a 40 oz. alcohol container taped to your hand. With regards to the allegation of the incident last semester, you said that you only unbuttoned the student's coat and then stopped yourselfi You said that you did not place your hand under her shirt and touch her breast. Based on the information provtded, we do not have enough information to pursue this matter further at this time However, the behavior as presented by the student would, if accurate, constitute a violation of the University's Student Code of Conduct and our Sexual Assault Policy. it is of particular concern to me that you were drinking alcohol inside the residence hall at the time ofthis alleged incident. Since this student did state that she did not feel unsafe bemg in the same residence With you, and did not wish for you to be relocated, 1 ani allowing you to remain in the Marlton House Residence Hall during the remaining week of the semester under the condition that you make no contact with this student. I remind you that you had previously been placed on Disciplinary Probation for the 2008- 2009 Academic Year for previous violations in the residence halls that involved alcohol. This was communicated to you in a letter dated December 11, 2008 from Mr. Tom McDonald, who was the Managing Diiector of Student Affairs at the time. I remind you again that you are under the legal drinking age of 21 in New York State and that Marlton House is a dry residence and alcohol is strictly prohibited. Based on my review of the incident, I find that there is sufficient information to support that you were intoxicated and were in possession of alcohol in a dry residence while under the legal drinking age of twenty-one. Accordinglv, vou were found in violation of Section II.A.13 (Alcohol) of the University Student Code of Conduct. Your DiSCiplinarv Probation has been extended through the end of the_Fall.2009 am You are required to complete an on?line alcohol awareness program bv no later than Fridav, June 2009. ?Under the In?uence? is a seven lesson, three-hour course designed to provide you with important information on the affects of alcohol and drugs. To start the course, log on to warwunderin?uencecom. You must have a valid e-mail address and access to an internet connected computer to complete this course. If you do not have a personal computer, you may go to the library or any computer lab on the University carnpus in order to complete this course. The cost for this program is $35, which will be billed to your student account after you complete the program. Instructions on how to log in and complete the course are enclosed. The Office of Student Rights and Responsibilities will receive noti?cation of your successful completion of the course. Failure to comply With this sanction could result in further disciplinary action being taken against you. You are also required to complete the online Sexual Harassment Tutorial hv no later than Friday. June SW 2009 The tutorial can be found on the university? 3 website via the Human Resources page. The link to this page will be e-mailed to your New School (3- -1nai1 account. Upon successful completion of the program, you should print out the Certificate of Completion and mail it to: Student Rights and Responsibilities, The New School, 79 5th Avenue, 5?h Floor, New York, NY 10003. You may also e- -mail an electronic copy as a PDF ?le to sn@neu- school. edu Furthermore, you will not be allowed to return to universitv housing in the future. Should you wish to appeal this decision, please refer to the appeal process outlined in Section IV of the Non~Academic Disciplinary Procedures. Speci?cally, you Would put your appeal in writing to Thomas J. McDonald, Assistant Vice President for Student and Campus Life, 79 Fifth Ave. 5th Floor, New York, NY. 10003 or at mcdonalt@newschocl.edu. Please be aware that you also have the right to request that your disciplinary record(s) be expunged. Details regarding the university?s Expungement Policy and the request process can be found on the Student Services and Student Rights and Responsibilities website Via As an institution of higher learning, The New School af?rms certain basic principles and values, including respect for law and adherence to fair rules and regulations. We expect members of our community to uphold and abide by the basic principles and standards of behavior that underlie our educational purpose. It is my sincere hOpe that you utilize this experience as a learning opportunity and take advantage of the educational Opportunities being offered to you. Should you have any questions or concerns, you may contact me at (212) 229-5349, ext. 3653. ne uno?DeLeon Director Student Rights and Responsibilities CC: m: not school ml hatemsvumzs wt: niw Mimi] rum>>: AGEMENVNII umit vomit mums me nEutiN shunt: um: mum: uozw nus mum cnumzne new man Music me up i Full ham. me new scum maimmommiphmv mustc CONFIDENTIAL REPORT MEMORAN DUM TO: Tim Marshall Provost and Chiel'Aeademie Officer FROM: Torn McDonald Assistant Vice President for Student and Campus Lire RE: Repcrl of Sexual Harassment -- Eugene Lang College November 29. 2010 the following is a summary era eonioloint uiyaxuzil that was handled by my orrioe in conjunction with Human Resources. On October 22;. 2010, a complaint was received regarding--a security otneer at The New School. alleging he posted inappropriate comments on two student's Facebook pages, and made students reel uncomfortable. The initial complainl oarne from--a student at Eugene Lang College, The New School for Liberal Arts. _hrought her eomp amt to the Security Office and then to Human Resources The complaint was forwarded to my Office. Phone calls to _were not returned and a formal letter was scnl. On November 1 2010. I met with _aleng with Gene Director of Student Rights and Responsibilities. She reported that some time in either June or Jilly 2m 0. while she was a resident at the William Sheet Residence--sent her a message via her Freehook page. in which _asked her out and offered to show her a night on the town. The post contained the words. "Take a chance on someone tell, dark, and handsome. like a post sent to another female student in whiel-ays that ithe was three years younger and the student was three years olden he would "be all over" her--rho i-eporred that she fell-- luoked at her as iflle was undressing her With his eyes on November 15. 2010, i met with-along with Stephanie Basta. Director or" Labor Relations; Timothy Sirkorski. Assistant Director for Security: Johnnie Patterson. the union representative; and Mike Vega from Security--took responsibility tor the two posts He denied looking at_os ifhe was undressing her with his eyes. As a result ot'his cohduel._was warned verbally and in writing that his conduct was inappropriate showed and was a violation of the Sexual Harassment Policy. He was required to take the Unrline sexual harassment tutorial. lie was also told verbally and in writing to refrain from such actions and to be mindful ul'lht: univelsily's anlir laliuliou policy. Copies ofall letters are available upon request. n2 50(00' new saw ulww ww mm minus net i. mint: mam: um: Lllunllm mantles NEW mm M>>le or: mi mm we "all sum November 23, 2010 lwrite regarding our meeting on November 1 1, 2010 to review allegations you made against a security officer at The New School. Also present at the meeting was Gene Puno-- DeLeon, Director of Student Rights and Responsibilities. You had raised complaints to the Office of Security and also Human Resources alleging that a security officer at the university exhibited behavior towards you that you identified as sexual harassment. You were subsequently referred to my office, At our meeting. you reported the following: In June or July ofthis year, while a resident of the William Street Residence. at security officer posted a private message to your Faeebook account. The message said, "Give me a chance See what it's like to be with someone tall. dark, and handsome like me Let me take you out for a night on the town." You ignored the message and stopped talking to the security officer. You said he stared at you as if he was taking your clothes his eyes. You said he tried to talk with you about ignoring his message. but you did not respond. You said that recently another student approached you asking ifyou had trouble with the security olfioer. You said you poke to several women who sairt the security officer made them feel uncomfortable and exit ited similar behavior towards them. You provided :1 Facehoolt page of another student showing a message from the security officer that said, "it got it going on . . I wish wish was three older and I was three younger cuz I woulda been on You also shared that you were not treated well when you reported this to security and were giten conflicting information. You said you felt it was important for you to come forwtud so other women did not have to deal with this type at behavior. You said you heard that other security officers have inappropriate contact and relationships with students. Yott said you would like there to he better training for security officers and for them to know it is not okay to ask students nut or treat them as friends You said you were not looking for the officer to he tenttinaled but would have no problem if he was terminated because of this. You also raised concerns that the security officer used the student roster at the William Street Residence to find your name on Faeebook. have since met with the security officer along with Stephanie Basra, Director of Labor Relations, and Timothy Sirltorslti, Assistant Director of Security. The security officer acknowledged behaving inappropriately and the university has taken the necessary steps to address this issue with him The officer was instructed not to speak to you about this incident and was reminded ofoul anti-tetaliation policy. Please contact me immediately if you experience any further inappropriate conduct. This is the end of the informal phase of the sexual harassment investigation procedures. If you are dissatis?ed with my determination, piease refer to the university?s Guideiinesfor Dealing with Issues QfSexual Harassment available on the university?s webpage at for further options. If you have any questions or further concerns I may be reached at 1-2i2-229-5900 3656 or mcdonall/czlnewschooi.edu. Sincerely, Thomas J. ch?Donafof Thomas J. McDonald Assistant Vice President Student and Campus Life November ll. 2010 Gene Puno-DeLeon and I met wiih Brandice Taylor, a ai ELC. She raised a complaint ofsexual harassmenl against a security silicon--as follows: _lived ai William Srreei dining Spring and Summer 2010, Around June or July, _posied a private message to her Face Book account. The message said, "Give ml: a chance. See whai it's like 10 he with someone iali. dark, and handsome like me. Let me take you out for a oighi on the town." She ignored the message and did not keep a copy oi il. She stopped talking with him but said he siared at her as il'he was iaking her clothes ofiwiih h|s eyes. She said she was not imagining diis. She said he tried to talk with her and asked why she ignored ihe message. She did not respond as she fell uncomfortable, She moved out of the residence for Ilie nexl academic year. was in class recently when a female siudom she knows asked her ifshe ever had trouble with This siudeui told_thai_ was making sexual eornmenis on her Face Book page. _sp0ke with oiher women she hnows who said he had made ihern uncomfonable and exhibited similar behavior towards them, She said the women were all African American and many had lived ai William Si. Recenlly,-posied a message on her biog/Face Book page regarding an article she wrote for The Free Press. It referenced her iiclt talking to him. She provided a Face Book page of nnuther student showmg a message from-that said "u gar it going on . . I wish wish was ihrec older and i was three younger euz I woulda been on -said she was noi lreaied well when she .oporied ihis to seeuriiy. She said a secnriiy supervisor, lose. told her ihai he waning ror something like this in happen and dial--[hinks hes a "player player," He said he was glad she came to him and not HR hecaose he wouldn't want to see-get fired. She said in a follow up conversation with loss. he said that she was the first person In make a complaint againsl She said someone must have Iold_ abeui the complnirn because he removed himselfas a friend from pages of several remale snrdenis _fclt it was imporlant for her to come forward so other women did not have to deal with lhis type ofbeliavlor. She said she has lieaid that other security officers lime inappropriate contract and relallonships wuh students. She wants there to be improved training for security oificers and for them to know ii is not okay lo ask sludan out or treal them as friends. She said she is not oul to get him [ErmiimLed but would have no pmbleni ifhe was lerminaLed because ofthis. She also raised concerns dial--used lhe sluderii rooster at William Si. lo find out her name and find her on Face Book. She feels this information is private and should nol be used that way. She wants a review of how security accesses student information and uses that information. Gene and I explained the Sexual Harassment Poiicy to her, showed her where to ?nd it on the webpage, and explained the steps we would take in addressing her complaint. Tom McDonald mum rnnuntt WHEY msimsrus - ran DBIGM gums wt: MMIES murmur new mm TNE Kr: mu mm in: new sum CONFIDENTIAL REPORT MEMORANDUM Tim Marshall, Provost and ChiefAcademic Officer FROM Tom McDonald. Assistant Vice President for Student and Campus Life RE: Report of Sexual Harassment -- Pal sons, The New School for Design DAI November 2010 The following is a summary of a recent complaint of sexual harassment that was handled by my office in conjunction with Human Resources On November 1 201 Or a complaint was received regarding--n partrtime shop technician at Person; The New School for Design. alleging that he made inappropriate comments ofa sexual nature towards a student.-- who had a work-study position in the shop. The initial complaint came fiom - On November x. 2020' 1 met wit He reported that on October 4' 2010 he was approached by --Who made comments to about an art project involving sex toys. orted the comments referenced-being gay, also reported that on at least two occasion _told him jokes ofa sexuall, inappropriate nature On November 16. 2010, llhna Levitt, Director of'l'raining and Development in Human Resources and 1 presented the allegations to-- He ocltnowletlged talking with- about the sex toys but said he did not recall mentioning anything aboutflxuallty. He said he was not aware of saying anything inappropriate and felt bad that he offended Ile said that he did make at least one joke of a sexual nature to As a result of his conduct--was warned verbally and in writing that his conduct was inappropriate and showed poorjudgmentl He was required to take the on-line sexual harassment tutorial. He was also told Verbally and in writing to retiain from such and to be mindful Oftlte university's antirretaliation polieys Copies of all letters are available upon request, YMEHEWSCM. . mono, Ammo - . murmur": toe marten. nununm Plum! uz must: momma mm November 24, 2010 I am writing as a follow-up to our meeting on Navenibei s. 2010 to review allegations you made against a shop technician at Parsons The New School For Design You submitted a written complaint on November 3, 20 0 alleging that a shop technician at Parsons. The New Schnol for Design, had exhibited behavior towards you that you identified as homophobic sexual harassment. At our meeting. you said that the shop technician approached you on October 4. 20 [0 and made inappropriate comments regarding yen and a cauectian ersex toys in the shop spray booth that were part of another student's project. You said the shop technician asked you if you had heard about the dildos they made just for gay men. You said that he was smirking durng the interaction. You said you then walked away from him. You also said that on at least two other occasions he had approached you in the shop and told you jokes with inappropriate sexual content. I have since met with the shop technician along with llana Levitt. Director umeining and Development in Human Resources. The shop technician acknowledged that his behavior towards you was inappropriate. Thus the university has taken the necessary steps to address this issue with him. The shop technician was instructed not to speak to you about incident and was reminded ofour ariti>>retaliation policy. Please contact me immediately if you experience any further inappropriate conduct, This is the end of the informal phase of the sexual harassment investigation procedures. lfyDu are dissatisfied with my determination. please refer to the university's Guillclirllt.t"fill Dealing with Irrues available on the university's webpuge at {or further options. lfyoti have any questions or further concerns I may be reached at l>>212>>229~5900 3656 or tiicdunalt'miie hooledu. Sincerely. Thomas J. Thomas . McDonald Assistant Vice President Student and Campus Lil'c From: Tom McDonald To: Canal Cantrell; Nadine Bourgeols cc: Gene PunorDeLeon; Pamela Kleln Date: 11/3/2010 1:44 PM Sibject: Re: Fwd: Sexual Harassment Incident Goad Afternoon: My affice )ust received the Student email. We will call the student In and proceed from there. i keep everyone updated. Tom Thomas J. McDonald wet selioat Assistant Vice President student a Campus Life 79 Fifth Ave. - 5th Floor New York, N.Y. 10003 1-212-229-5900 3656 Nadine Bourgeois PM Carol. rm sharing the chain of events below With you so that you are aware artne situation and trust you contact us should you need our assistance as this situation unfolds. The student's com laint has been routed to Gene Puno-DeLeonl The employee is a proportional full-time technidan,h I'm nere if you'd llke to dl'scuss. Bests Nadlne Nadine Bourgeois Dean, Academic Plannan Parsons 66 Fifih Avenue, Room 710 New York, NV 10011 2121293913 Joe Hosking 11/3/2010 1:16 PM Charlie, Thank you for forwarding Ryan Brewer email, I have copied Gene PunosDeLeon, director of students nghE at Responsrbilities, who will rspond. Can you tell me If the shop technician is a student or an employee? Thank you, Joe CPI 11/3/2010 1:02 PM Pam St Joe, I want to make you aware ora troubling situation _is a senior Flni: Arls student. He is detailing what he feels is sexual harassment from a part time oechniclari on the 4th floor in 25 13th St, -wrote this email to Klanga Ford, the Director or the in Fine Arts. 1 have asked Kianga lfshe had taken any action, and as this email was written at she hadn't. I've asked her to let flow up through the processes you have in place, and if questioned by the student, to respond that this is bemg taken seriously and it's been escalated. Please let me know ii there is any additional Information I can provide or it there is anything you want me to communicate. Charlie charlie pizzarello director, opelatiorls school of art, media technology persons the new school for desrgn edu 212 7.2 903 4094 Eegin rorwerded message: From: "Mldlael Palumbo" alumbom new Date: November 3, 2010 9:22:30 AM EDT T0: "Charlie Pizzarello" Subject: Fwd: Sexual Harassment Incident Hi Glarlie, Did you receive a copy of thls? Date November 3, 2010 1:00:15 AM EDT To: "Kianga Ford" new shop technicians (His first name is- with what i can only identify as homophobic sexual harassment. After seeking legal advice from my famlly attorney, gaining solace and support from various faculty (\finny Gargulio, Ernesto Puiol, Don Porcaro coordinator (Mike Palumbo) as wel as several fellow students --, I have decided to write to you in hopes of not only providing docunienhau'on of this highly approprlate, exceptionally unprofessional Incident, but also so that you may be able help to rectify this situation so that no other members of the community here at the New School have to endure bigotry, humiliation and In the future. Furthermore, I feel as though the call for resolution to this incident is even more dire after being informed that-IS actively seeking a faculty position here at the New Here l5 my account of the incident: In die early afternoon of October 4th, 2010, Jeremy approached me in the main wood shop with a smirk on his face. i was expecting some kind of lewd joke (I had been privy on several instancS of his style of comedy at this point, most of which had dealt female and transgendered themes). Rather than a Joke however, he confronted me with implications and assumptions or my sexual identity and how I might prefer to use my anatomy. While oontlnuln to smile, he asked me if I had had furl the spray booth over the weekend, (A fellow studentfl had been spray painting a series of dildos and other phallic sex toys for her project for days prior to is incident.) Taken aback and confused I responded to which he responded I saw those 'things' in I was taken ofi guard but responded to his question respectfully, saying "Are you talking about those dildos? Those are not mine, they are-To this he responded by saying on ..youve heard about the dildos they make just for gay guys, right? He was continuing to smirk throughout the entire interactton. i asked what is the difference between dildos for heterosexuals versus gays? Receiving no response, at that polnt I walked away hunt the conversation reeling confused, thrown off guard, shaken up and extremely disgusted To add furUier insult to injury, -openly initiated this entire incident in the shop with many other one looking students. To add extended context to this entirely unfortunate situation, the harassment occurred right In die thick of the media blast on gay teen suicide, which had already provoked heightened sensitivity to personal issues with my gay identity as well as LGETQI issua at larg aklng -actions and words all the more insensitive and heartless, Furthermore only days after this Vile Incident, I received an email from the New School president (entitled A Commitan To Difference), concerning the New Schools alleged history of embodying tolerance and embracing difference. I am so deeply sad and disappointed that I had to experience this level of degradation in this educational environment; had previously allowed me Lu feel free enough to come into my own and openly express myself,..to further understand and embraoe my identity and community and to attempt to bridge the two. The harassment I endured earlier in October brought me back he the darkness of my own adolescence, rife with such abuses that had pushed me to the brink of self-destructive thoughts and behaviors countless times. All or this being said: and emotional damage that this incident has inflicted (and resurrected) is not a matter to be taken My atadeinic performance has been seriously compromised, my professional performance in the shops work environment has been stralned to say the least and the tension and anxiety I feel While working near this individual Is Still present and perpetuating. i have seriously considered quitting my Job and have even momenmrily considering dropping out and leaving the New School altogether. But[ have Since realized that I am stronger than this-i am above thissand no amount or bigotry and ignorance will hold me back horn realizing my goals and dreams. While I was inm'ally pining for-complete removal rrani any of the operations here in the Fine Ans Department, at this point I would like to find compassionate resolution to this problem and grow beyond It As my pain and anger are fading, I am trying look toward more constructive means to mlutlon: Perhaps there should be mandatory awareness (via SAFE ZONE) to raise tulmral and ideological understandings of the vast diversity in our community? If this is an avenue that you feel is the best form of resolution, [along with my other colleagues-would be happy to work you to help coordlnate/navigate this important educational programming. Regardless, I would like to see and feel a resolution within the next week, as this highly problematic and detrimental situafion has perpetuated for almost an entire monm now. Please let me know in can provide any more information to help you resolve this. otherWise, 1 look forward iv moving forward. I cannot accept kind of veatment ever again, nor can I accept the of It occurring (0 any of my fellow brothers and sisterst Evert Thank you from the bottom ofmv heart In advance for your help and support ln this highly sensitive matter, My very best regards, - From: Tom MtDonaid To: Nadine Bourgeois; Pamela Klein CC: Ilana Levitt Date: 11/24/2010 12:47 PM Subject: Information Needed - Ryan Brewer Good Afternoon Nadine and Pam: My initial review or the sexuai harassment complalnt raised student is completed, llana Levitt and I met with --(shop technician) on November 16th. 'Nas natifled or this meeting. Xam sending an off i letter to-at the start of next week, He IS aware mat the letter is coming. Human Resources will be sending the staff member his ister and notify you of the determination. -notified me today that he feels the university was delayed in responding to his complaint. The first notice my office received was on November and. In his initial complaint, mentioned speaking with severai faculty members and one staff member about the incident for suppo purposes. The incident happened on October 4th. I have asked to provide me with details as to who he spoke to, when the conversations took place, and what no ure of the conversations wares It would help if you would try to determine this information. I can oompare it to what-sends me and then respond to his concerns about the university's response to his complaint. The November 3rd e- mail Nadine forwarded from-contains the names of the Faculty and staff-said he spoke with. Also, Sven Iravls veferences in a Nuvernber 16th e-mail incidents besides the sexual harassment complaint where-raised complaints against someone In Parsons. Sven mentions that one of these was found to be ungrounded. I need you to find out from Sven the details or these complaints. Thank you for your heip. Let me know if you have any questions. Torn McDonald McDonald 5: 00 ant Vice President Student 8' campus Life 79 Fifth Ave, - 51h Floor New Yorle N.Y. 10003 1-212-229-5900 3656 us her. senootmoumt smarts ms mu "in Itqu ,rmt MAN murmur: mu toucr letts me Mr, I mom more um: comet mu mums haunts minim mama Music ingest r' own it: new sumo May'irlml I am writing as a followup to our meeling on April l2. 201 I to review allegatlons you made about a facility member at Milano. The New School for Management and Urban Policy. Also present at our meeting was Stephan te Basta, Director afLabor Relations in the Human Resources You had also submitted a written complaint to the Office ofSLudenl Rights and Responsibil ies and met with the Director ot'tltat omce [0 review yotrr complaint. At our meeting. you said that the faculty member expressed an interest in working with you on an independent study, This would involve an opportunity for you In eta-author a paper with and work on getting it published. You went out for drinks followed by dinner with the faculty member to discuss this opportunity. You said that over the course of drinks and dinner the instructor expressed a desire to be intimate with you and said that he found you attractive. You mentioned to the faculty member that lie was married to which he replied that his wife didn'l need to know about the sllnation. You said that in response to zjukc you made about dancing for money he told you that he had money and did nm need to work a part-Iiltlejob. You said afler dinner he offered to drive you home and you declined. You said he hugged you goodbye and then a few days later he lcfi a message on your phone to discuss your final grade. which was a 95, You sold he also lefi several voicc mesagcs tor you to get a book back you borrowed and to discuss the other you discussed. Ms. Basia and I met with the faculty member and shared your complaint. Subsequent to that meeting and before any funher investigation could be conducted. the faculty member went on an unexpected leave of absence Ms. Base: and detetmined that there is a cmdiblc basis supporting your complaint and will continue with the investigation and will take appropriate action when the faculty member returns from leave. This is the end of the informal phase oldie sexual harassm ent investigation procedures. [fyou are dimtisfted with my determination, please refer to the university's Guide/mar for Dealing with Issues ofSexIlnI Hararsment available on the university's webpage at for further options, lfyou have any questions or further concerns 1 may be reached at 3656 or lncdolml 'newschuuledu. Sincerely. Tfiumm J. {McDonam' Thomas McDonald Assistant Vice President Student and Campus Life Gene Puno-DeLEOn 1/5/2011 4:45 PM Subject: Explanatan or events Hello Gene! round the email explaining the events. I tried to send ll Decemoer is out mayoe it didn'tgo through Talk to you soon, and thanks aiall'l . A Forwarded message 77777 ea From Date' Thu. Dec 16, 2010 at 535 PM Sunlect. Explanation oI events. To: puncg@newschool edu Hello Gene I really appreciate you meetan with me today. It was strange. alter saw you the prolessor called me [or the time today, He didn't leave a message." I'm golng to try to explain as much or the events as I can, so ltyou need anymore into Just call oramait me I hope I can he as explicit as possible, is why i know the timing at this is Important Also I'm really sorry but It's pretty long now that I look back at it. let me know lf you need It less. .. LONG Thanks again, A few weeks 890, on December 1' 201 met with both Karen Mersnn OI Nonprofit Management and Alex Schwartz DV Urban Policy I met Karen at the urging oI other students as I had expressed some disappointment the Policy Program and curriculum lncludlng the one--dimensional and homogeneity In both Policy faculty and curriculum lwent to Karen tor guidance, and she was very encouraging, discussing the Importance of critical theory and with me. II was a posllive answer to some feeling: at disenchantment I was already leelirlg with the Policy DepanmenI After this meeting, I went to my scheduled meeting with Alex Schwanzr who Is also my Policy advisor, I discussed some at my resenrations ahautthe program, and tell some encouragement but also didn't feel like he fully heard some of my general and specific concerns I was having about my experiences In school here "Note: One or my major concerns with the program Involves a lack of and respect that Is very present one orthe Policy Tnal Run faculty advisers Andrews Frenclwand ls something I think Is another Important aspect or the accountabiltly oi the (almosl alt white, male) start in the Policy Program --is my Quantitative Methods orolessor. Aiter both advising sessions, I went to see-- one hour belore my statistics tutorial in lab He was walking min the holding, and I told needed to talk to him regarding my statistics homework and concerns I was having with Chapter 17 He told me that he was actually glad I was there because he needed to talk to me He told me to wait in the oonlerence room while he went and got something from his office, as a student was also using his computer. I was in the oonterehoe room, and he came back With a statistical analysis short essay I had written, oompanng the Harm Reduction approach to the more traditional Abstinence-Based "Continuum oI Care" model of housing requirements with hometessid Ital--diagnosed populations He told me that he was very interested in what I had said aboutthis lopic, and that he noticed that I am very passionate about it and a good writer He told me that he had a proposition for me, and that he wanted me to registei lor his Environmental Health Issues class, as itwas not tilling up and he didn't want them to cancel the class He said that I would not, however, need to attend the class, and thal he would like to do an independent Study with me on a subject surmunding my paper topic. I had to go to class, which he was not teaching because that day was In the lab, He told me to come hack to his office when lwas done with lab or ill let! lab eally to come see him In his office He told me he was actually going to come find me in iati that day ifl hadn't come In to discuss this with me I leit lab a little early when I was done with my SPSS report and went to see-- his office, He showed me a book with a Housing and Continuum care section, out it didn't seem relevant to my paper topic and was more about nursing home or extended care services. I told him thatl had been having some issues with the programa nd ielt a little emotional, and thanked him ior actually validating me as a student and tor reoognizing my academics I told him it was meaningiul, especially Following the previous two meetings I'd had with professors about my in the program, He said that I seemed a bit overwhelmed, and I explained that was, He said that this independent study would be an opportunity to work together casualty, and that there was a possibility I could coauthor something with him and possibly gel published ifwe worked on a sutiisct together, He said we should talk more about this, and over a drink. I said that was anal, and thal we Could find a time alter finals to discuss. i was busy with finals for the week, but I emailed him a week later beiure my Quant final to ask ll' he would like to go out and discuss the issearcn Ideas, was excited abuut this possibility Although he told me tie was interested In slemrceli research, and I didn't have all the same background, I thought it would be a great opportunity to make a prolessmnal connection with a teacher when I hadn't so far in graduate school. The idea of getting published was very exciting, I told my parents and iriends and everyone was very encouraging and told me that I shuuidnt tie surprised because i'm smart and motivath He emailed me a few times, asking about my pailcy final. and lesponded and told him we could go out Wed alter the Quint llhal was VERY worried about the final exam, and busy with classes. He gave me his number and I gave him mine, in order to coordinate meeting up, i did not find this Weird, as have had drinks and meetings with professors in diitarent capacities, and would never have made the assumption that it would lead to other Insiri nations. I also am usually very open with people. He had known I had oeen in Los Angelas for Thanksgiving, and he asked me why in one meeting, I mentioned that my girllrierid lived there and i had been Vlsillng her I might have discussed my dad's illness as well. as a topic that came up in conversatiun Arler my statistics iinal was complete, I handed it in and he looked it over and seemed to nod thataii the problems were liell like a heavy weight was lifled off my shoulders and was elated and dizzy With forfirilshing the class and possibly ACING it He told me to meet him downstairs as he waited tor classmates to turn in their linala. was excited to talk lo him about research, and had done some thinking about how to combine his stem-cell research with hemeless/dual-diagnosis research, connecting the socially and politically taboo nature groundbreaking topic in relation to Amerlcan rastslanae lo change, wentdownstairs and called my giriiriend, who was very sick. I was worried about her--came down out ofthe elevator and I told him I was sorry when I got orithe hone a raw minutes later. but that someone was sick He asked if itwas rriy "mend" In Los Angeles, and I said yes As we walked out the door of the ouiiding, he asked me it this woman was my girliriend, and I said yes He asked ii I liked women and men and I told him yes We discussed my parents lack orsupport surrounding it. including my guiitabout communication with them because oi my dad's illnesses and how my parents worry. He also mentioned on the way to the bar that he had researched lhe clauses in Milano regarding pioiessors dating students He said that there may be rules against undergrads, but that there was nothing against graduate students and prolessors datlhg I found this odd but wasn't really piecing things together. as I had just finished a huge final exam and thought he might be to people seeing us out together and makrng it seem OK. We sat down at a bar and got drinks. and he looked at me and said, "i'rri interested in you I think it luiiy ciicked then, i asked, for what?. "in being intimate With you," iooked at him and laughed I fell strange and nervous. and Ihts Is the point where I should have gotlen up and ielt Eu| my behaviorlhmughaul the rest oilhe night was based around the [act that 1) He hadjust taken my Quant exam and said i had done well--and had powerover my grade. 2) He was my teacher. and a) was already out With him, felt shocked, and assumed a Quad way to deal with the entire situation would be to be honest byyust calm and see where he took things in order to appropriately deal with my own resolution alter he was gone and we parted ways I had two drinks with him, and he told me that there were (our options have an intimate relationship with rum 2) (in research with him and register for the class 3] all of the above 4) none or the above ("number one being most important") said, "so you weren't reain Interested In my academlcs then?" he said sure. but that numberone was his priority. kept laughing because i was shocked and nervous he told me that i'm very attractive, but that he can leli i don't lhink so. he told me to look in the mirror when I iaugh and recognize how pretty i am i told him "i am not going to fuck you." when he laid out options, i shook my head no. he said if i said no he wouldn't bring it up anymore and we could move on. itoid him no he said that he could tell I was pent up and needed a release i asked him why he assumed this made me need a man. he said I was upset that day that I came into his of?ce. and that he teit something with "our meetings" and emails. he said he is leaving the school soon, and he's ready to go, and that he wants to have a little fun at the end of his career. we talked about other things because i was uncomfortable and a bit stuck. i explained transgender identity. i might have talked about my family/etc. he said he was sick and hungry and to go across the street with him. i went just because i was acting passive and going along with what he was saying; partly in shock, partly intimidated by the situation, partly just not believing how things had panned out. we went to the noodle shop across the street and got some food. at one point he asked if i worked, i told him trader joes on the weekends. i made some joke about being broke and needing to shed a few pounds and learn how to dance for money (a stupid thing for me to say). he said he was going to say something and then stopped. i told him to tell me because he might as well. he said he didn't want to cross any lines but that he has money. he said i didn't have to work at trader joes. he said that he could pay me my wage at traderjoes for me to spend time with him. and that we could have fun. i said, "you want me to be your hooker?" he said, "that?s i said, "crude?" "yes, crude. it would have to be mutual, we would both be enjoying it.? i told him no. i told him that i'm very in love with my girlfriend. he said that he is very in love with his wife. and that she could not "know about this situation." he also told me that he trusted me. many times throughout the conversations. at one point i asked him why. he said he didn?t know, he knew i was upset and needed some release. he also told me i didn't need to go telling anyone about this, "don't need to tell your mother. your friends, your i said i knew (although i have told my partner, roommate, and other friends/students). we discussed other random things, and i told him he had better catch his train. he told me he would have driven me home had he driven. he told me he lived in Long Island. for some reason, i told him that i live in flatbush near ocean and parkside, and he told me he grew up there. he mentioned driving me home when i came to the statistics party next monday. as he had class after stats and i did too--he could drive me home and we could hang out. we left and he gave me a hug at his train. i was not protesting enough. but i also was going along with the events that evening in order to properly and quietly assess what had just happened and to figure out how to best deal with it. that nite i met up with anther Quantitative Methods student to talk. i called a friend to talk and broke down. i felt humiliated. i had told many people that a professor was interested in my work. this situation made me ieel stupid, weak, pathetic, ugly, and expendable in the eyes oithe school it reinlorcect many orthe personal and academic quesllons t' have about myself, and was shocked than someone would pretend to "Ind academtc promise in me in order to sleep WiU'i me, i hadn'tdone anything except be open with my teacher I was never "flirty" or leading, and the only signal he may have misinterpreted before literally proposrtiomng me was when i agreed to get a drink with him to "talk about research overall, the most heartbreaking thing aboutthis is that it was huge decision tor me to attend graduate school i am growmg in debt {or a policy degree that i have already been queslioning, and have fell very little support in the program this was the peak ota very disappointing and unsupponive semester for me. i have been overwhelmed with the intrinsic over knowledge-production that in "the academy" tor years ithought some of that might subside lfi attended the New School, an alleged hotbed for social iustioe and critical meaty--and instead, i have experienced the opposite. traditional power structures are perpetuated through the specific pedagogy and iacutly assumptions. and white male privrtege continues through interpersonal interactions like this-mostly through women that don't speak up about it. my was also silent at first because I have ielt very little support by the white male academics have met. and felt like yet anotherprotest lrom myself would be brushed under the rug In the name at maintaining Policy integrity and business as usual i am disappolnted and humiliated, and hope that some or this explains why the emotional reaction i am now feeling is so deep finals and work distracted me irom some olthe results otthis inteaction. i em reporting this so somethin is discussed Within the laoulty no matter what happens to *Ihere needs to be a dlalngue about these this pas 'ved a phone call lrorn an unknown Long lslancl phone number did notanswer, and received no voioema lreaked me ou, assume now that it was his home numbe called me on his cell phone on Monday, discuss my final grade" in statistics I did not call him back. and did not attend my Stats class on Monday (which was a gathering/wrapath session). I emailed him yesterday, telling him i had been swamped finals bul to please let me Know about my final grade in the class (in order to Keep some distance while Still getting some response in writing about my grade-as i had been very confident that had done well in the class) he emailed me back, saying that i got a 95+% on the test and was going to get a very good grade in the class. he also called me today, THREE times he left a voicemail, asking him I0 call back about my grade, about his book [which i left in his mailbox yesterday at school), and about registering tor his class and the "other things" we dlscussed last week, i did not call him back, and ithought aiter not returning his call monday that he'd stop calling me I do not want to see him or speak to him, and i certainly do not want to enroll in his health class or engage in any studies with i have always had issues regarding students cravmg the validation from academics in power, which is why orrtical theory and leminist approaches are so important in my academic and personal work, out i did indeed think it would be possible to finally be granted some academic validation through working with a proiessor in an area at mutual interest i saw this as a potentially exerting vehicle to some academic connections and successes i have considered leaving Mllano' mostly anarihts event, due to how deeply symbolic it is orthe power dynamics that enrage me about this world. graduate school, particular the new school. required sacrifice and wurk no matter what napoens regarding this issue, it is important tor a dialogue to start regarding sexual harassment and advances irom pmlessois' which might also he held in conjunction With training an prolessionelisrn in general torait stair regarding appropriate and respectful language and teaching demeaning ard degrading language and behavior should not be the norm and i have experienced it as the norm in my une semester at Milano. thank you tor your time in addressing this situation realty appreciate the support I am finally reoeivtno mum Mlultn s, mm A mime>> Emmsuxsmu'ns mtuamum pent-t mm mm: Mum June Z, 20" Dcar- lam writing as a follow-up to our meeting on April 18' 20ll and April 27, 201 to review allegations you made about a faculty member at Eugene Lang College. The New School for Liberal Arts, Also present at ourmectiltg on April 27'" was Stephanie Bosto. nit-ectoror Labor Relations in the Human Resources Department. At our meetings. you said that the faculty member had created a sexually hostile envimnment by consistently making sexist and raeially amt sexually loaded comments during his class lectures. You had submitted a list ofquotes that the Instructor had madc during at least one class which included the following: like a woman with some hair her armpits," don't know maybe she just lind to sleep with Yalef' like to hear the girls' voices on the other end ufthe line. They don't text me." and "This is like foleplay, you have to go slow, you have to rub things the right way" You reported that he also made references to "sexy" Dominican and Puenc Rican women and referred to Mexicans and "those other Latinos" coming over the border saying "What would We do without jalapeno peppers Dr. McVVelling Todmane the instructor's supervisor. and I met with the faculty member and shared your complaint with him. He ac making the comments. but explained that he did not mean to offend anyone by them. Todman and 1 shared your complatnt and the instructor's response with Ms Basin and Kathleen Associate Dean ofLango and determined that the comments were inappropriate, The university and the department are taking the appropriate actions in orderto address the issues you presented This is the end oftlte informal phase ofrhe sexual harassment investigation procedures, if you are dissatisfied with my determination, please refer to the university's Guidelines for Dealing with tunes Harassment available on the university's webpage at http://wwvt for further options. If you have any questions or further concerns 1 may be reached at 229-5349 3653 or "mouth Sincerely. Gene Puno-Delaeon Director Student Rights and Responsibilities May 31. 2011 Department of Eugene Lang College RE: Student. Complaint -- LPSY 3130. Spring 2011 near-- As promised I am writing to provide a summary of our discussion on May following ourjoint meeting with Ms. Gene Puno-DeLeon from the univasiry's HR department. Briefly, the meeting was triggered by a complaint from a strident in your Spring 201 Lang course (LPSY3 130} to the effect that you had made several statements during the semester that she considered to be sexist and/or condescending. Ln addition to citing specific examples of the offending behavior, she managed to persuade two students (one currently in the course, the other, someone who had taken the course in a previous year) to vwite letters on support (at least in part) of her claims At the meeting with Ms Puno--Dchon and ln your discussion with me afler the meeting. it was agreed that you had been largely unaware that some or your comments may have been interpreted by some of the students in the class as being sexist or. at the very least. insensitive in nature. We also agreed that on the one occasion that the student in question explicitly stated her displeasure with a comment that you made in class. you seemed to handle the situation sensitively and professlonally. (something that the student seems to confirm in her own written description of the incident). A|so to your credi the fool that most students in the class have probably interpreted the comments the way I believe you intended them to be interpreted pleyl'nl attempts to engage a very young audience with scmi-rlbald humor), a conjecture that seems to be supported by the fact that you have received positive student reviews from the majority of students in your courses over the years. However. in our discussion we also agreed that if one student interprets you comments as being sexist and offensive, it is probably one student too many. To ensure that similar complaints will not ieoceur. I have suggested the following changes in the way you go about the business ofcngaging with students in your courses: l. Attempt to preempt misunderstandings by explaining to students that on occasion you will lapse inlo Col" ulliialisrns and off-color humor in an attempt to make a point, and that on occasion that such statements could be interpreted as sexist or insensitive in some way. Reinforce the point by giving examples of that have raised hackles in the past (you now have somc concrete examples at your disposal) and explain what you intended to convey by the statem ms and how they could be misconstrued (and was misconstrued) by some indi iduals. 2. Promise to self-monitor your speech but grant the members of the class permission to alert you when they believe that you might be straying into dangerous territory. 3. Try not to appear condescending or dismissive. even when the silliest of comments are made in class, as it will inevitably be con?ated with any charges of bias or insensitivity that are leveled against you. The best way to avoid excessive amounts of silly and irrelevant comments is to keep the course on topic. Unfortunately, with 25 students in the class, it is not possible run it like a true seminar. Again, I thank you for the digni?ed and responsible way that you have responded to the student?s complaint and your cooperativeness with the related inquiry. I sincerely hope that this is behind us and that it leads to a better classroom eXperience for you and your students. Let me know if you have any questions or concerns. Regards, Mac NOTES: 4/18/2011 Complaint against instructor-- Student met w'ith Linda Reimer and was referred to Tom McDonald and SRR, GPD met with student on Ap'll 18, 2011. Student Ms. Finucarln wishes to file a complaint against Professor Michael v. Adamsforcreati'lg an uncomfortable learning environment that inrluds-s comments of a sexually harassing nature, comments that are and for not pmvidi'ng an adequate learning enVironment, According to the student, the class is a semian during which few students participate. Profs Adams talks during the entire class and they are mainly perscnal anecdotes about his persona: life, sex, and his views The student explained that he makes disparaging comments about both men and women, jest: about it, and says "Just kidding" or "you know I'm teasing." The student recounted that she attended class once wearing red and the instructor commented "Vou're wearing lipstickl" She responded with something along the lines of'obviously.' He later sald "Your lipstick looks nice." She also reported that the instructor has made comments that are discriminatory as wellr For example, he would use phrases like "those latinus" while talking In class. he also allegedly used the phrase "those babes in Puerta Rico." Durlng the Aprl' 12'" class session, the student took notes on some otthe comments the instructor made. (Page 2). The student strongly leels that the classroom envi'rorirrierit 'is sexually hostile and ofienslvei Student wuuld like to find out about whether or not she can finish the course without havrng ta continue attending class ladvlsed her to speak to her advlsor since I cannot make an academic decision Notes of instructor's comments on April ?People keep telling me to go to all the because of ail the fantastic women in Russia.? ?probably girls get off easy, [status] of girls get off easy, but the guys don?t. just teasing, okay." like to hear the girls? voice on the other end of the line. They don't text me.? "People stick their things into all sorts of guys, took out.? ?And a man ca n't well that?s horrible. I'm against that, the patriarchy is in enough trouble already.? don't care for cowboys, but I care for cowgirls a lot." wish they?d call the Dallas cowboys cheerleaders cowgirls. I mean they are girls.? ?This is like foreplay. You have to go slow, you have to rub things the right way.? ?She?s pretty good-looking and she's crazy as a coot, the way all those {Fox News] people are." don?t know, maybe she just had to sleep with Yale Security Department Reports of Sexual Assault/Harassment CASE Report Taken: October Is, 200'} 12a. Sec 't Supervisor Doug ('happina responded to the Dormitory, l-'enntle student ted that a male student had sexual contact with her in her domt rootn wtthont her etmsent a month earlier. RA Nika Stelman was present at this time. l2h. Supv Cllapplna notilied the NYPD. The Special Vlctims Unit the student victim. hul did not lake a case on H. The explanation was give to--hy the police. This report was refcn'cd to Stndent Rights and at 1 ts time. lZc-i. No tnvesltgattons were made by the Security Department. CASE mom--003m Report Taken: April 2, 2010 [211. This incident was brought to the attention ot'Ass tDtreettirot'Seeutlty Sikorski by Rub he Direcmr ul'Huusillg. indent ll'lVOlVCd victim New school Starrinetnhe who was being harassed via by Building Superintendent 0| work for the Unl\ 11b. AD Sikorskl phone and read her report detailing the incident. Mr. Sikorskt mad ware that her complaint constituted a Misdemeanor Criminal Act of Aggravated and she had the option to file a criminal complaint with [he er0, - ctustxl to file a police rcpan. lZc-i. Security referred this cumplainl to Mr. Howard who handles leased buildings at The New School. The final was that--was rcmmed than his position at 84 William Street within a couple tifweeks tifthc complaint. CASE #2011-00l27 Report 'l'aken: October 15, 2010 in. Secunly Ol'liccr Reynaldo has made aware ot'thc dispute by witnessing actions in the lobby of3 8 East 15'" Sircct. 12hr NYPD was called to lht: . however they classified situation as a dispute between known names with no arrest or ertminal complaint tiled, lzc-i. Followup investigation conduclcd by Rights and Responsibilities resulting in a PNG notice heing tiled on 10/21/10 restrietitig visitor--from all New School Buildings, CASE "011-00206 Report Taken: Detobor 31, 2010 113. Secunty Officer Subuloye was on duty at the time of this incident and witnessed it He refused entry to the unknown male. 12h The Security Officer found our that the unknown male did not know the female student because he came back to Lhe building a while later and did not know her name The Security Officer notified RA Rosalie who escorte-o her room. Ila-ii No other actions were taken by the Security Depurtin ents CASE "011.00430 Report Taken: February 11, 2011 12:1. Security Officers Eric Cortes and Douglas Merino were on duty at the loeniion of occurance, 318 East 15'h Srreet These officers assisted the student victim by information and keeping the two combatants aparl. The Security Supervisor Cliff Munroe and the NYPD arrived at the dorm Simultaneously and the police arreste- 12b. Student Housing and Rights and Responsibilities weir: notified and supplied with report copies. 12c--i. Investigatlon, interviews and follow-up conducted by Student Rights and Responsibilities. CASE #201 1-00444 Repurt Taken: February 14, 2011 12:. The lnmdent was reported to Tim Sikorski, Assitant Director of Security. 12h --student/vieiirn, came to the Security Office to make an official report We were iiven a chronological time line of events that led to _feehng threatened. refused lo file 21 criminal complaint with the NYPD, Tim Sikorski notified Riyits and Responsibilities and Crisis ofdiis report so they could offer their assistance to the strident, llc-i. investigation, interviews and followup conducted by srurlerir Rights and Responsibilities. CASE #2011'00456 Report Taken: February 23, 2011 12411 This incident was reported to Robinson Lissain and the RA on duty, Pat Pellicano 12b. Studen_spoke to RA Pat Pellicailo. This inoident ltuiided over to Housing and Students Rights and Responsibilities at tinie. CASE #2011-00468 Report Taken: February 25, 201] 12a. Security Officer Reina Gonzalez was notified liai-- - was being stalked by her exhoyfn'end 12b. Officer Gonzalez was notified by AD Sikorski that-must nail the police and file a criminal complaint repon and then obtain 2i legal order nfproteotion. lie-i. Investigation, tntemews and followup conducted by Student Rights and Responsibilities. CASE #1011-00472 Reporl Taken: February 25, 2011 12a. -- studenI/vlctimt came to the Security Officer with Justin tee, Assistant Director of Rights and Responsibilities, and iepnrterl her incident to AD Titn Sikorski, no. A thorough interview was conducted, AD Sikorski recommended that-file a report with the NYPD and obtain and order otproteetion, He also recommended that she provide us with a picture ofher Cit-boyfriend so we could produce a pm, but she never supplied us with a picture. lZc--it Investigation, interviews and follow-up conducted by Student Rights and Responsibilities, CASE #2011-00478 Report Tnken: February 27, 2011 12a, Security Officer Trinidnd was informed by student that she was receiving threatening text messages from her eat-boy ho said he had gotten into the building. in, Security Supervisor Clii'f Monroe res oiided immediately 10 the dormitory. He reviewed the video in and found thathwas not allowed access to the building. fiwas encouraged to file a criminal complaint with the NYPD but she refused. lZe--ii RA Ivan Hutton was notified. A report was made, Security was directed to make a PNG by Student Rights and Responsibilities. on a PNG list, which is kept at the Security Officers desk at 118 West 13" Street. THE NEW SCHOOL 55 WEST 13TH STREET, MEZZ NEW YORK NY 10011 Case": mummy: ,1 1155mm:- SEX OFFENSES (FORCE) POLICE CALLED Wrm, a AM Msqu 2:110 AV 10/13/2009 40 PM TIM SIKORSKI thsinLLemfi' PmIWBm/am_ ON CAMPUS nomanonms Building; 318 EAST 15TH STREE mega/supemuhmy a .. iflflefiome: mm>> Hair Eye! NO NO 313 EAST 15m st,- Gi'y. 3% In em pm at student--smmd that a male sludcm-d1d have sexusfl cor/1301 with 1121 against her win while 1mm were durm room hangmg out on a bed a month ago. Supennsm Itspundcd to me same and unwind mm RA N1ka and 111: female mm. The mm were notified and Look an 131 Iver mm a follow up I): continued by Ihc Speclal um Aher merviews and by the Special Vicnms Umt 1h: assigned dcleclwes flared that "my would 1101 take a case on it due to many factors mvolved. The viclim was advised anhis by 111: szual chums The incldeul VA 1" be wfcned lo Sludmt Rights and Responsibilities Office fur (heir follow-up invcs1igation and dewrmmaucn. human yawn>>.mest Simwo_ mun/anywa- m1 SIKORSKI 4/13/2011 3(16 32:43 chofl Exec can] 1) At: 6/14/2011 10:02 35AM Page 1 of! THE NEW SCHOOL 55 WEST 13TH STREET. MEZZ NEW YORK, NY lOOll Casck Dispefifim; r, REPORT ONLY - N0 ARREST ,r - pmampamm, - - @mequ 1, SMITHVA ALSON SMITH 1/2/1010 2:01] AM In 1 Wuluwpn': I 'Ehmlfiwcaflmf - ON CAMPUS DORMITORI B-dIding:-. a - '3 IN WILLIAM STREET LOBBY mum.m% Nam-413w miner-- Address - Ag: Sex m: Weigm Em 114 WILLIAM ST Emit, - 11536311111311 N0 N0 1 en rra 11: RED reponx a: TPO 11m building her and sounded Very drunk. She asked him if 111m wag an emergency and he slurred somethmg back. She him she was She Illcn called 5/0 Smith and asked Ifhe had seen .and lie :15ch mm he did and 33 drunk. smim laid her that he wnuld Lake cm nfsimatlon and 10 m1 answer phone if <gm 903/@ Incident nu;an SCHOOL SECURITY DEPARTMENT 4] f" "m '2 Tzfiaflmidmkixkuuc): 1mm Wuhan mm hm. hm: 03m mum K) Time mmnoraml yy'xnimex Dawaflncidgm 0 Them Witnesses number") and whom: mm. mfi, swam! or M) {Effigy egg: Muhamma-- mu swam? (Wham involved, when we may" haw, why? Plus: us: me back bf as. m: if names-y; jfiifial 1? -, What-aim do yun recommend us: Wampum", lfuy, incidanfl 4/2/10 On the manning of Friday, April 2nd at 2le ml was callul by me 84 William Street building Super.1hinking mm then: must be a building emergency I answered the call an *as on the other and. Whunl answercd. "Hello," he asked, "What are you doing?" to which I replied "sleeping, whal's going on?" At this point il was difilcult kc remember me exact conversation but he continued to ask what i was doing and I kept asking if something was wrong and if lime was an emergency. H: rambled on gamed-ling about cmslil (we do not have evex conununiculed via email) and slurred some things 6131 I couldn't understand. I continued asking him what was wrong and realizcd that he was very drunk. Hold him that I was sleeping and thai if there was nu amelgency I would be going back to sleep. He sluned something and we got ufF of '11: pho e. I immediately cement 0mch Smilh at the security and asked if 11: had seen-and he replied that he had I asde if h: was drunk and he said, "ya, he's druner than l've :vcr seen him, he didn't even know when: his apamnenl was." I told him that he had called me and asked Office Smith if (here was an emergency or something going on ln 1h: building that I shnuld know about and he mplied He than told in: he was taking care of it and my! lo answw the phone if he callad me again. Al 2:23 am. I was called again by-and didn't answex the plume. Again, Icomacled Office Smith in let him know and inqude as to wke'hcr he had made it inlo his apanmeut and was not lingering in The building 551 wanled to ensure that there were no students that were involved in this situation. He said thai isle was will: 1h: RA, kt? Barton and would have him double check but that everything was fine. I trust Offich Smith and knew dial he would contact me any problems at additional infun'nafion. I did not receive any more phone calls that night I did call-this morning around 11 am and 1m him a voicemail aiming LhatI wanted to speak with him about this situation. At this time he had not been seen by Lila working officer, Lance Hudson and have not heard from him. leiolny Slkars . 06 R2, EA wnnam 5i Twion kolski 04102110 1:45 FM Hay Rah Luiumski Inlarmed me amiai occurred iasi told 'Hm i can iax a security welder" repan ior yen in we smug (he deGsMs or whai vamp ed. Viaasa include (he subs'anne oi Mia Said on in maria how many times in called yum and me limes 0! me phone cans because this can Va as lu (he Imi ara criminal an under m. siaia law This may be considered Aggravalad is a mlwemecmul uiianaa which he amid be auasiaa iarn yau Wish puisua i| mai iai. We will da Everything wa can \a supper! you in dealing this simauon insuring havmg him removed imm 1m bnid'mg as me super im aM ma appropriate mamais \'you have any qucsisons for ma please free In as" or E-mal me My is 4277 Sam Regams. Tim Incident THE NEW SCHOOL SECURITY DEPARTMENT INCIDENT REPORT ThcfilLoss Alarm LostandFound Other DaIechorLcd 4424mm 2/52 locaflan omvem 54g (zigzag $7 Win-new wheth facully, suffer guesl) wnnem (include phone numbms) and what crlaculty, s'zfl', student 0: guesl) What Happened? (cx'plnm in dcmii. who was mvulvad, where the maiden happensd. huw' why! Please use me back mm {mm a Address ?357, m- . Fhane 2/ 22 '57? 2 um: [11/ I 0/0 307%,? 7? 60/024 flaw/49W THE NEW SCHOOL 55 WEST 13TH STREH.MEZZ NEW YORKNY IDOII Case It: Evidentw 5 i' 51mm - wmwomma: DANIELOK KATE 10/31/20105 5AM (o AzllAM Mia-mum Eammwavsgm; ON CAMPUS swam- 1" WILLIAM STREET Mmalsuamrmnuty saw, Incident Narrative REPORTER STATES THAT-- (STUDENT) CAME INTO THE BUILDING WITH A GUEST NAMED (NYU STUDENT) I REFUSED ENTRY TO THE GUEST AND WHICH TIME BOTH STUDENTS LEFT THE BUILDING RETURNED MINUTES LATER CRYING AND SAYING THAT HE WAS PRESSURING HER AND FOLLOWED HER TO THE DORM. THE RA 0N DUTY WAS NOTIFIED AND TOOK KENDRA T0 HER ROOM. RETURNED TO THE BUILDING AND INQUIRED ABOUT THE GIRL HE WAS WITH HE WAS GIVEN NO AND WAS ASKED TO LEAVE THE BUILDING. hmfiiflfiz KATE 3/30/2011 3117'42'56 W'Bwnm Printed AL 6/13/20" 5 Page I of] Repm Exec can] I) Incident 4%;06 THE NEW SCHOOL SECURITY DEPARTMENT gs INCIDENT REPORT Thcfi/Loss Injury/Sickness Alarm boslandl'ound cum Daie Repnned i029 IJTunc "f {human orEvem L/v/zh Daleuflnudcnl lufmpm'ime (include phon: humans), dramas) and whether ficully, staff or guest) $me A warm-:5 (Include plume numbers) and whether faculty, staff, sludcm nr gucsl) What Happened? (explam dnlail: who inch/ed, the maiden! happened, how, why? Plcasc Wllazacuon was mm in respullsc Io um em? waif ALLA acuun do you momma as a "any, Ihe Incident Rmoncd By. Name So$wl Address Phone 7 SIGNATURE- "r - . W, --. mm (LOW (VJ 4'14 Hip-:11 NW. <THE NEW SCHOOL 55 WEST 13TH STREET, MEZZ NEW YORK, NY 100]! Cascfi' "imam, - 1 A Dimming- . I7 OTKER REPORT UNLV ARREST 'smminzzl'wn' - a - DANIELOK KATE DANIELOWSKI 2:30 PM u: 2:30 PM rmymes/aee'meem ONCAMPUS Building? - I - .- Spaifielmaawu 313 EAST 15TH STREET LOBBY . a - . ,zu'seeifiowc N0 Student: YES . 9 Mne?~ 313 EAST 15TH 51 Room- Agz-Sox 12m fiagu, weigh; Hair )Byzes Tray-mt 1159681013911 N0 N0 COHTAF a Man -- "dung amass>> Ages" MK ,{Ifir 33?: re-enlered me building afier having a healed nmgmenl whh--oumd: . bm 5/0 Dexesus stopped hm Before he lefl, he grabde some papcr In May me building, bul she fullmved_omsmc When she mlunled, she w' upsetund sum um_ Ir: metrocard. Delesus called me Police _mrussd me security desk make a repon, 5/0 DeJesus mm me pence um sh: didlfl wam so make a rcporl, Sum: and R110 Kellv Joys: nuuned. ,Srgm'tm KATE 3/27/20" Pnan Page 1 of! Report Exec l) THE NEW SCHOOL SECURITY DEPARTMENT INCIDENT REPORT . Typeoflncidem(circlcone): Than/[Ass Injury/Sicknass A1an Omar G'Ufin Dacheponed 5 Time 45 Localionovaenl :5 8 i. Eflfit Damoflncidcnt Q1 5 Tim: fl 5Q Persona) Xnvolvcd (include phone numbms}, and whethar faculty. suffer gucsr) (am) Witnesses (include numbex(s) and meme: facully, slafl, smflenl or guest) a What Happened? (explain demil: who was involved. when Incident happnnad, how, why! Plus: use the back ofthis form ifnooessary Whal action do you incommend as a {number response, if any, the incident? mg as Incident Rammed By: Name Keg 4g fig De Log-k ?(Le/Vi 141d+ We 1 kqgecmbaci +109 Police ma qu?? once ou+ +lne_ Lauu?HiYRga Oh [?er way Lad: {m . '7 and I +0ch Wc?? +ng has; is wat? playsreq?y riot/4+ gue3+ \qu MKen c1 9mm Ll'ei" ?Sl've Ind ?5 5 in N0 :22me [7 Mia/?ss?y?kcj as o??J/m x" 60! +0 UJi?pm 444$ Ye. Pof'h My: why? mg 613 *Hm?i gaze-1?69 A?oat/M {{5ch DSZ 4 201012 20:48 PM EDT THE NEW SCHOOL 55 WEST 13TH STREET, MHZ NEW YORK, NY 100" Case#: 2341-011"! madam Ms) - Diumsfion- - or onmz REPORT ONLY . N0 ARREST Mnfingl'nwn ,xnaiamnnwa Time I - Cubdmleoqu SIKINISKIV TIM 9/1/2010 AM (01/14/2011 12:00 AM 2/14/2011 2:10 PM Physimxmmim - - ON CAMPUS ON CAMPUS PROPERTY Buildingz- - - smfic-maiiqnc, VARIOUS PLACES mum mum a I smonsm. 'er ms Swan"? "'35 Nimg'l'ygc - ~_ka1f Rims Ag: Race Hum We>> Hair Eyes mm. Magma ~U?Camion N0 N0 Mm'lype - Wax/w Binhd'niz, Age Sex m: new}: Weigh! Eyes cmfimxyl'osmcm i max. I, - -- ~Usecauzim N0 N0 Incident Narrative present in Ihe security office s1ales Iha| she mu-- Ihc photo lab at due bzginmng ufhey first in 52m. 2010 a: which time he mgagad in normal convelsauon about school. He began to show he: dlficrcm ul'lhc phmo lab and me dark mum pramsmg mm he was my fanulmr mun "aka mm llus aludenl slaned con/ad ha: ha lexx and email sameth frequently up to me semesm break A shah Kim: ag_ molhcr called In mu thin he had a panic aunck and was admiucd the unll :11 12cm Ismel Hespml a few days. Iald lus Mom that she hoped he full bcflar swon behavior wwald--has smce becomc abnormal the poim ofbeing clam-my and her Fn 1y He Inn senl her mexsages um hr, iovcs hm, \hm (hey um manich realized [hm--was aung smug: when my me| each other while she mended elm told him tha| she has a boyfriend 1nd that she had no Inlertsl a Fmadfiys Rampanuzifim' Signage" mafia"; TIM SIKORSKI 4/13/2011 HI 21:20:13 Primed At. 6/14/20" Page 1 01'2 churk Exec I) with him He men mcrsagcs al all hours onhc and one af|hem said she shauld be very when she \s in dark room al --parehzs called me security office from England and a ramlly {neml lhaz resldes in NY has a|so called securily office out orgrcal comm for her safety. -I:lled ll-ml she was slarmed by his acliohs she our office wilh her boyfriend who resldes London We informal her lhal this go In smdem services lor feels his behavior is increasingly more brzarre, mchuohccl facully in her program and was told lhal many fucuny members are mm olhls slrange behavior and will make an effort rc gel him somc help. slates lhal feels very alarmed and uncomfortable at class other pmqu in \he plmlo lab um she ls rcqulrcd spend a great dcal ofllme m, was advlsed nfher rigm lo file a leporl the NYPD did not Illa: was necessary al [Ills point. would like the inl:rv:nl?on olrhc to help her siluauc _was Iold lhal ifany actions by_ comlnuc Io nollfy sccurrly Immedlalely {or our This will be refined Io Sludcnl Rights and flsponsibililim. er's'nhaw swim mmweoiwmm SIKORSKI Pmlled A . (14/2011 2.3056?le Fag: 2 of! Report Inc: "201 I) 2 0 Incident Report: Harassment of student THE SCHOOL SECURITY DEPARTMENT Typ: one). Theft/Loss Alarm Lostand Found Omar: Harassment Date Reported 02/14/11 Time 2:10pm Lucaliun of incident: Varinnr glue! on campus Date of Incident Sept. 2010 Ihrll current Time various Involved elnde hone numberts), address (es) and whether taculty, stat! or guest) diminish mansng hoarse "mansion 18 MFA student Age 14 nursed of harassing 1nd abnormal hehlvior WWer! above. WITNESSES There are test menges nn_ phnne train- that are harassing and disturbing What Happened:_present in the security nlfice rtates rhatshe me_ the pholo at the beginning at her first semester in Sept. 21m) at whieh time he eng ged nnrmal wnversatioa about school. He began to ihnw her dlfierent upcin at the photo lab and the processing that he was very flmilixr with.-- states that this student ttarted to contact her text and email somewhat freqnently up to the semester break. A short time ago-- mother entled_ to tell her that he Ind a pa 'e attack was admitted to the unit at Beth Israel nos tal tor a icw as told his Mom that she hnned he ielt better soo_bchavtnr toward her nee become increasingly abnormal to the palm nl hesng alarming and her Fannl He has sent her messages that he Loves her, that they are married--remind aetlng increasingly strange when they met each other while attended class._ told him that the has boyfriend and that she had no interest in a romantic relationship with him. no then sent her messages at all hours oi the night and one at them said she should he very eareful when she is in the dark room nl sthoul._yarents called the security nitiee {rum England and a tam. friend that resides 1n NY has also called the security office nul of great enncern tar her snlelyi Actions taken in to this ineidc _stated that she was alaer by his actions when she visited our onset with her whu reside in We informed her that this will go to student services for immediate intervention. She feels that his behavior is inerensingly becoming more bizarre. She mentioned it to [acuity in her pruylm end was told that many finally mesnheri are aware or his strange behavior and will make nn elforl to gel him some help. --stntes 34 J5 Hm? that she feels very alarmed Ind while at elm will. thli ulnar midzm pmem in the plum hb mt she I: requimi lo spend 2 greal den| u[ an in. Other to (In cident _im advised of her right Io file a repun of harassment with the lwru sh: am not feel um Wm necessity a mu ion-l.-- woiilii like Ihe intervenlinn of the school to her mm lhis simafion wn mid that if uny fictions by_onflnut Io Ilalify security immediately [or our assistance. This will be referred Io Studkm Rights Ind Name: Tim Sikorskl Assistant Security Direclor Phone it PM 4777 by: Tim Sikorski SIGNATURE I vrza w/ 7 cl gum-w --6 THE NEW SCHOOL 55 WEST 13TH STREET.MEH NEW YORK, NY Casca Rama - SEX OFFENSES (NO FORCE) POLICE CALLED ,r -, - CORTESVE ERIC CORTES 1/11/2011 11:00 PM to 2/11/1011 PM "tourism 'rafie'tmm A ON CAMPUS DORMITORIES mamWheat?" EAST 15TH STREET ROOM 6H1 Mm'xwisumw i' -. "suffers: SUP. MONROE YES NIA -- AddresSp 313 EAST 15TH ST ROOM- cny, stale; Zip/I'm) ,u Mew": _U59EURflfiafl_ N0 N0 amt,- Ag; Sex Ra>> mm: emit 1w: UREDSDI No No Address . 151}! s1- ROOM In em AT SUPERVISOR MONROE REPORTS THAT AT APPROXIMATELY mamas HE RECIEVED A PHONE CALL PROM ASST DIRECTOR ON CALL ALISA EAVES INFORMING HIM OF A STUDENT HAD BEEN SEXUALLY AS SAULTED EV ANOTHER STUDENT AND PULLED A KNIFE ON HIM ALSO SHE WANTED TO KNOW IF THE STUDENT WITH THE KNIFE WAS STILL IN BUILDING, SUPERVISOR MONROE INFORMED MS BAYES THAT HE WAS UNAWARE 0F INCIDENT. AND WOULD GET RIGHT BACK TO HER WITH DETAILS. SUPERVISOR MONROE CALLED 318 15TH ST DORM AND I CORTES WHO INFORMED HIM TI-IAT STUDENT REPORTS THAT STUDENT WWHILE HORSINO AROUND WITH HIM MADE SEXUAL ADVANCES IN THE FORM OF GROPING --TOLD-- THAT ADVANCES WERE UNIVANTED, AT SUCH TIME-- BECAME UPSET AND AN ARGUMENT ENSUED DURING WI IICII A WAS swam ERIC CORTES 4/13/2011 DI 17:30 18 PI-Imcd Page I on ReporlExCC c(201 C339 Number PRODUCED BY -- SUPERVBOR MONROE RESPONDED AND ARRIVED AT SAME AS NYPD THEY WERE BY HEAD RESIDENT ASHLEE MILLER WHO LED THEM TO--ROOM AND PLACED HIM HANDCUFFS. rN FACT DID WANT To PRESS CHARGES, --REMOVED TO PCT FOR PROCESSING. yummy-r Repmma'itflm ENC CORTE 113/2011 at 173018 ssWtim' Bum: Px'mlcd M: 15/14/1011 Page 2 of2 Repcn Exec 011) THE NEW SCHOOL SECURITY DEPARTMENT INCIDENT REEORT Type Assault Dale Reponcd [2 Feb 2011 Time 0330 Locahnn 318 Date oflncident 11 Feb ggil Persontsl invulued (include phone numheris). addresstes) and whemer faculty, staff or guest) Ashlee Miller, Head Resident, 318 ts"' St Alisa Bayes Asst Director Dauglxs Merino, Security Officer on duty, 318 l5m Erie Cones, Security Officer on duty, 318 15''1 Witnesses (include phone numhens) and whether faculty. staff. student or guest) What Happened? (explain in detail: who was involved, where the incidenl happened, how, why? please use me back of [his form il'neccssary) Ar oremund 2330 his I received a phone call from Ali 3 Ba er who exnlalned that mere had been a reoort that a studeni exuellu saulted and pulled a knife on anolher sludent and wanted to know ii the studenl who Dulled theknire was still in the and <Incident THE NEW SCHOOL SECURITY DEPARTMENT INCIDENT REPORT Than/Loss Alarm Los|andFaund Olhcr DaIcReponed .104 Time MyiannlionofEt/cm 3" 6- Dnlcuflucidcnl 2/11/1/ Time LQUD and whether faculty, slaHOl guest) Witness (include phone numhms) and whether faculty, surf, sludenl or gucsl) 55709462 My>> 15ng YMMV suva Hd/uw, whal Happened? (explain in dual>> who was xclion do you ruammend as a Mermp'onse, If my, the incidcnl? Elihu: mam; Name 7 M6610 Phone SIGNATURE: 4" Incident I THE NEW SCHOOL SECURITY DEPARTMENT ,1 INCIDENT REPORT 9 54% Thcfi/l.oss Mann Losland Found cum DatechoIlcd Time 2500 Localmn ovaam 986951 57/) . Z/ll Tum 2360- Pcrson(s) Involved (include: phone address(=s) and whcu'cr mully, staff or gucsl) 95) ASA '6 Mr'fler er Wimessl's (incxude plmne numbeels) and whemee faculty, smff, student or guesl) NM Happened? (explam in demih who was Involved, whem um incxdenl happened, how, my! Please use the back form Ifnecessary Wu? Am i 6 fl/ Web! [um ymu mo, ,77, 7 What union was lakel-l In response to the incidem? K0 04m um "nu: @1444>>: Led: lemme)! We>> nHL'aflJ Mm- ms/e a: Whel aeuon do you Iacmumcild as a funher ifnny, lo the ugidmt Reponw By: Name Em. Address 3'8 50g} Phone 6 944/ SIGNATURE: MEMO Date: February 12, 2011 To: Security Officers and Supervisors From: Thomas iliceto, Director of Security Re: Access to New School Buildings Please be advised that New School student_ is Persona Non Grata and is not to be allowed in any New School building until further notice, THE NEW SCHOOL 55 WEST 13TH STREH. MEZZ NEW YORK, NY lDOll Case 3111mm; Mammy", . - 2 - gamma,- 0mm REPORT ONLY . No ARREST memi a -- GONZALELR REINA GONZALEZ 1/25/20" 1:0" PM In 2/25/20" non Physimtxmiw . ~1-mmw3uvseaam' ON CAMPUS nonmnomas Builxfinxi' -- . WGWWI 118 EAST 15TH STREET Flo DORM 1, smonsxr, yes Anal f' 'l'hfiw'?" de_ 13mm.>> 54mm: mun rum Wm LEN, SIS EAST 151'" -- - 31mm, mum. WW1: N0 N0 Incident Nnrraflvn At Tm 5/0 Gonzalez she was informed by--gucsI1--lha--is being stalked and threalened by her exrboyfriend who has been hanging outside orme dorm He has been Memmeu as student-- Asst Dnecmr of Secun'ty 511mm was informed of dc|ails He 5/0 Gonzalez to advise _w file a pohc: and an umcxal report wilh Secum HM Ashl: Mm" was also nmified q: unnumaam' REILAGONZALEZ 41'l9/201l <<120 33.2] i' hinted AL 6/14/2011 2.00V14PM Page 1 of! ReporlExec c(2011) go 044,5>> Incident THE NEW SCHOOL SECURITY DEPARTMENT definite/V )1 INCIDENT REPORT Type oflnCIdtnl (circle one): Thcfi/Loss Injury/sickness Alarm Lnsi and Found 0|her Duane-parted beht Tune/7m Locadcnovaml ff Date oflncidcm (3 Person(s) Involvcd (include p/honc mum-(es) and whelhcr faculty, sulfur gucsl) PAM (include phone mums) and lacully, staff, smaem or guest) Winn (explain in detail: who was involved, (he imam happened, how, why? Please Wm") has r101>> "fule racial-1 {'an'wm/C{ Hg. lacuenwas uke 4 I 4' gaunt A A-S Sim/q mgz'mmwhim [Mr-r1. I (Du/us or 0622111. #41 Wm "Han, action do you noommend a Mu response, "any, 10 the incident? w: Nam Ad "me 7 DSZ 2010 12 20:48 PM EDT THE NEW SCHOOL 55 WEST 13TH STREET, MEZZ NEW YORK, NY 10011 Case It. - or 0mm ONLY - NO ARREST Remainng ,:Wmma1im LISSAINJK ROBINSON LISSAIN 2/13/10" AM to 1/23/20" 4:00 AM Ma" .y - rm Mean 3? A r, 1 ON CAMPUS Eniieing= . - Spenmmim- 313 EAST 15m STREET mwxsupwmonm: Student: YF I Nlme'fig: Phat!de kafb Adams - r, Ma's-a: we Hem Might ,Ews I myimlip/fiosmcudas . - mm. a N0 N0 Incident Narrative TPO 5/0 ssam r: n: ma Room-complained to him 11a: for the past sweeks, student/residenflas harassing her sza mg :1 and knocking on her door bclween 2 and 3am and expressing Ins love for her us making her exuemcly nervous and sewed. RA on Duly and P31 Pellicano were nanfied Mr. Pelxcano reporled 10 1h: dam in escun the student Io his office 10 discuss Ihc sltualmn. mam-an>>; Wren. gnaw ROBINSON USSMN 4/19/20] 1 111 16:52:43 Primed Ans/1412011 3 Page 1 or I chon Excc c(2011) jo/l-- Incident THE NEW SCHOOL SEC URITY DEPARTMENT +851 417' INCIDENT REPORT Injury/Sickness Alarm Losland Found Olhzr Dalcchoned fl'jj'l/ Time a mi loculianovacnt 5 P/w - Date oflncidam 41% Time (2270' 7mm) Involved (include phone numbeqs), md whether rmmy, 5mm gum) .J wumscs (Include phone numbm) and faculty, staff, snide"! or gucsl) WhalHaypelwd7 (cxplam detail: who when m: incxdemhappencd, how, why7 Plus: Wang"! My I ma :2 Lug/{phanuu 5.4m: 0N A: has 42., ,4 {41: 'k ed 12 fawn)" fitWhnucfion was mm. in m: incidenfl . ,v 'r (.1wa 14 419;, 4)er @LLmA/vo. QM PM kw VIM exalt A by Lu 'c/hmw ML. G?nwl He mug/V; fl What nation flu you recommend as a funhex response, ifany, the human? Name Hw/ [15/er SIGNA THE NEW SCHOOL 55 WEST 13TH STREET. MEZZ NEW YORK.NY 1001] anflr mam"; OF OTHER REPORT ONLV - N0 ARREST 7 W'Ram ,gmimflmarm TIM Ill/lull 12:00 AM to 2/25/1011 12:05 {marinara "um; autism OFF CAMPUS on- CAMPUS mommy Building? ,r r. gm emfiw. 7 VARIOUS LOCATIONS ON 5 run In mem;__ ,i . a E'flmifime smonsm, yes NIA 69 8TH AVENUE :Ufiwfl NEW YORKNY 09110 N0 N0 NWW 2 mm; - mama Age, Sex Rm: Ham", Whisk Rik N0 N0 mmosuwuae mum Namhve New Schon! . -- Imam [my (he security omce Jhsh'n Lee Dimclor ofstudent suppnn/crisrs Mana hem) slates she has bem some issues her former huyfriend that are making her very Ahal she had a two year mlauonshm -- mar she ended about Iwo monlhs ago. Since lhal tum--has been comacung her by email/mm and by plum an ahempxiug ro rekindle rherr relationship, which does not wan has expressed her wishu nol have any comact him but--Just keeps pursuing e- c--has threatened |o harm dues um gel back wuh hum-shalt: [hm hr hm (wicc already rhar she knows of.- sum has alsn had recem conversahohe h=r Mum hr her place vfemploymem all mum to rherr also claims be uncomrmrahlc because-- show up aurside her class and talk ro her as she auemps avoid him He mm:me walked up on her local NYU Bop5| Lrhrary winch was very Manama 'fimtfim TIM STKORSKI 4/19/20] I am 20251 l'rmled Al: 6/!4/2011 2:04 48PM Page 1 ofl Excc c(201 I) Case Numbcr dismrhing lrer He has (hrL-alcn bul has cominunlly pursued h:r 10 Lb: poim or being Dbnuxiou: and she it k) and. AD Slkorskl advised her In file a NYC Pollce repun at Ihe IOVPCL which covers residence And express lrer wishes [a me Police on how she would pursue an order arproleuion |l1m are com - was also adv/wed Supp|y sacumy wuh a Photo of--se we can produce PNG nolice ml all me securily desks on campus, -wlas else givm Illa 24 hr New School mun'ly desk phone number for lrer no call at any time in case of any fiflure issucsr fil?m_ TIM SIKORSKI 4/19/2011 3:21:01251 Refimwrma Pruned AL 6/14/20" zlousm Page 2 on chon Ereecaol l) Incidenl# '65 lncillenl Repon: Aggravated harassmem of a student THE EW SCHOOL SECURITY DEPARTMENT Typenllnerdeuilemleene); Then/Loss Injury/sickness Alarm Loslanchulld Ddler: Dalexepurled 92/25/2011 Time 12:05pm Laealihnoliueidenl: Variouslncaflonsanflrectill public Due lumwo mom)" Time various Penanm Involved (include phone nunlneqs), address (es) and whelher lneulry, suit or guesl) age 42 6'1" very Ihin huild wilh long brown hair wha reside: at 69- a" ave. am (forer Boyfriend olsmdant shave WITNESSES: None :1 mix linlel Happened: New -- present today in the security umee with Justin Lee (Assismnt Direcmr of supporucri Managemenl) nines ahe has been experiencing some inner her former hoylrlend mu maid-s her very mad um he man an." he explained that Illa had a Iwa ear relununship month: ago. Shim (Int flinch has been ehmneriug her by emaill by phnne in all attempting rekindle lhelr rehliomhip whleh- dues not want. - has expressed her wishes nut (a have sny counsel her bun--jun ml" Purwi" the lhreltmed to dues not get back with him. stale: Illa a ovzr and mice already that she knows a -lLIm lnal haa also had recent eonvuraauunr with her Mom at a lew of em laymen! rained la rekindle [heir rclmionship. Alilhl also claims to he unennitarlahle bemulehi show up outside her clu: build and xalk In her as she u. avuld him. He recenlly walked up on her ax :he local NYU hops: L-hrery whidx she wna very dhturhcd oven He has yet In ihrealen her hui has eonrinuully pursued her In the point of being obnoxiuui and she wnnie il to end. Aeiinur when in response lo this intidenl: The undersigned her Io file NYC Police repnrl n: the Ill-Pu. which cover: her residence. And expren her wlshea the Police on he>> she would pursue an order hi proieelinn mm are court iyslem. - was also .d to supply security wilh a tho ni--so we produce PNG notice and distribute it In all lhe securiry reception Links on umpua. - was alw given the 24 hr New School xecurfly desk phone number the her all an any dine in cut: hi my fumrc lashes. THE NEW SCHOOL 55 WEST 13TH STREET, MEZZ NEW YORK, NY 10011 Case>>: animus ,r r, - . Wg?m_ . OTHER REPORT ONLY N0 ARREST - Mdm'mflm; CLIF 0RD MONROE 2/27/2011 In mman "45 AM ON CAMPUS DORMITORIES Building;- - I, .. 113 13m sum: LOBBY DESK . _Manaznds\-1L1Mm SUE MONROE YES Sludcul: ms . Age Sex :Raee Wash: Hm "an 113 WEST 13TH ST I C1a.smzipm1ms - yr - :mam, 1?an N0 N0 Incident Narrative A1 TPO Supv Monro: mpom Tnnidad mat she was approached by who com lmned that she was m. phone calls and thwal/enmg 1m messages from her exrboyfnend also sum lhal 'claimcd Aha! Ila was in the bmldings, 5/0 Trimdad :11" 1: by name) and mm he was going :0 kill 11:1. Supv Monroe Instrucwd 5/0 Tnnidad call the RA on duty (Ivan Duuon Room 4c) and ask him 10 :peak 19-- Supv Monme arrived a1 1111 Wes1 1311. 31, he and 5/0 Trinidad reviewed Ihe video tape and saw 1h: _had NOT be". allowed in me budding, -- was encouraged by 5/0 Trinidad to make a formal complaml wuh Ihe pohce, but sh: declined. [Imagme MONROE 4/20/2011 71110 57 08 sigma aned At: 6/14/2011 Page 1 ufl Repun Exec c120") jaw 00 7'77 Incident #1 THE NEW SCHOOL SECURITY DEPARTMENT fi4(4&hn m/ INCIDENT REPORT Type Student Being Threatened Dale Reported Z7 Febrnafl 2011 Time 0405 Location ufincidcm Jilwifl Date anncidcn127 Februag 20H Pcrsonfi) involved (include phone number(s). addressies) and whalth faculty, sinernr gum!) S/o Trinidnd Ivan Duuon, Rssidem Advisor on Duly Rm 4c Witnesses (ineinde phone inn-nuns) and whether faculty. or gum) WhatI--Iappcned? (explain in who was involved, incideni happencd. how. why" Please use me back of {his form if he saly) A dad who was osted at 118 13'" 5: re (mad that she was 3212mm:th resident wh com lained that she was reoeivin ra sin hone calls and 1hreaienin (ext messa es fiom her exrbovfi'ien also claimed that--claimed that he was in the buiiding (ha: s/o Trinidad had let him in the building [lie identified s/o Trinidad by name) and nninewns going to kill her. What action was ill respanse in the incident? 1 instructed 5/0 Trinidad to can the RA on dutv and ask him to speak to-- When I arrived at 118 13'h 5/0 Trinidad and I reviewed the tape and saw that- - had not been allowed in tile building/and --was cncoumged by 5/0 Trinidad to makgg {aging mplaint Win] the nuiice which she declined. What acunn do you recommend as is further respn - irany, Lhe incidenl'7 i recommend that we circulate pictures of-md make him persmm non-21am. ingidzni Regened By Name Monrog Clifford -: SIGNATU Student Services The New School Campus Life Atarlennc Technology FERPA {Privacy Rights;- Health Insuiatme Housing Meal Plant. 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Form Computer User The goal of our office is to ensure that all students have positive eXperiences at The New School in an environment conducive to harmonious living and learning. These pages contain information about yamr rights and responsibilities as an individual student and as a part of the larger community. You are responsible for maintaining principles of fairness. and diversity in your dealings with others. Therefore. please make yourself familiar with the Student Code of Conduct. which is based on these principles and is intended to guide all members of our community- "Students. faculty, and administrators-- and foster intellectual. artistic. cultural. and social development. You can link to this and other related materials using the menu at the right. Please feel free to Contact our office if you have questions your rights and responsibilities or require advice and assistance in a particular situation. Assistant Vice President for Student and Campus Life Tom McDonald 79 Fifth Avenue, 5th floor New York. NY 10003 212.229.5900 x3656 Director for Student Rights and Responsibilities Gene Puno?De Leon 79 Fifth Avenue. 5th ?oor New York. NY 10003 212.229.5349 x3653 6/15/2011 [?21 1 A On?Campus Things You Need To Know The. New School 2? Student Services New Students On-Campus Things You Need To know Things You Need To Know Financial Services Replica Links To learn more about the following servrces. log in to MyNewSchooi: Hotel and Lodging information PDF Electronic Refunds directly to your bank account Directions to The New School Payment Plan The Official NYC Gurde Web Check/ACH Payment Designate Authorized Users Electronic lnvorces Financial Aid Status In an effort to offer greater access to invoice and payment information. as Well as reduce our impact on the envrronment, we issue electronic invoices initially you will receive a paper pre-bill at your official mailing address and thereafter you will receive notification to your New School (@newschool edu) email account when an electronic invoice is ready to be viewed For more information. visit the Student Financral Servrces websrte. or contact Student Financial Services at 2 i 2.229 8930, or send an email to sfs@newschool.edu. Online Resources eLearning at The New School Online classes, and many on-campus classes. use Blackboard course sites You can find links to your Blackboard classes in two ways: When you have logged into MyNewSchooi. you will see a "MyCourses' icon in the upper right portion of your screen (along with links for your New School email MyFiles. and more). Clicking on the MyCourses link will take you to your Blackboard courses. You can also log rnto Blackboard here. On-Campus Classes The Blackboard course sites for on-campus classes appear in Blackboard on the day your classes are scheduled to begin if your class first meets on Tuesday, for example. you will see the Blackboard course srte for that class on Tuesday morning. Be sure to log into the Blackboard course site Your professor may have posted the syllabus. readings. or other important information there. For information and tutorials for usrng Blackboard. please visit the eLearning tab in MyNewSchool. Online Classes Your onlrne classes will appear in Blackboard on first day of the semester, but the first few days are reserved for a Blackboard Orientation class to help you learn about Blackboard You will receive an email at your New School (@newschooiedui email account informing you when Blackboard Student Orientation is irve and giving you instructions on how to log in. Computer and Technology Discount As a New School student, you have access to great deals on computer software and hardware. You Will find a link to Academic Technology on the Student tab in MyNewSchooi. Academic Calendar The New School's academic calendar rs available here Be sure to familiarize yourself with important dates such as the start and end of classes. and university holidays. University Policies and Procedures There are certain privrieges. rights. and responsibilities associated with membership in The New School community it is important that y0u are familiar with the univer5ity's policies and procedures which ensure that your experience here is a positive one. For more information, Visit the Student Rights and Responsibilities websrte. Safety and Preparedness The safety of our students is The New School's first priority, and toward that end we believe that you should be familiar With the safety and preparedness procedures adopted by The New School For more information, vrsit our websrte. Planning for Your Arrival Here is some helpful information to assist you in planning for your arrival to campus and life in New York City. Travel and Lodging Here are a few links to help make your travel to The New School and your stay in New York City easy and enjoyable Directions to the New School 44 6/ 7/201 1 On-Campus Things You Need To Know rage I. 01 4 Hotet and Informatmn The Olf?lcml NYC Gun]? Help is Avaiiable If you have any questions about what you have to do or what you need to know pnor to your arrival on campus. contact the indwidual offices above or email 6/7/20] 1 Human Resources Training and Development :2 Sexual Harassment Training Page 1 of The New School Human Resources Training and Develoument Sexual Harassment Training Sexual Harassment Training Online Sexual Harassment Training Program . . . - All admrnisrrarlve staff and faculty are required to take rhi's training. Rd lm Take the militia sexual The university prowdes onllne sexual harassment training software by New Media Learning called. "Preventing Sexual harassment training now Harassment". This online program IS comprehensrve. user friendly and can be accessed 24/7 from any computer With internet access by logging on to For those with no access to a computer, a dedicated terminal is avallable in the Of?ce of Human Resources at 79 Fifth Avenue. l8th floor. The entire training program can be completed in 60 minutes. The New Media web site gives clear instructions for completing the training program. lists an email address for Human Resources where questions and concerns can be emailed in confidence and contains copies of all relevant Universny polacres and procedures. Upon completing the program. a Certificate of Completion is Issued and the results (pass/fail) are mailed to the Human Resources for filing. Any additional questions related to the software should be directed to Keila Tennent, Associate General Counsel. at x4934 Revision of the Sexual Harassment and Discrimination Policies and Procedures More informatlon on our policies for sexual harassment and discrimination are posted here; they can also be accessed in the Institutional Policies and Procedures Manual. available in the HR box of the Employee tab at my.newschool.edu The Office of Human Resources and Office of Student Affairs have well-trained and experienced professionals in the management of situations that may give rise to claims of discrimination as well as the swift revsew and resolution of formal discrimination claims once they are presented. Please contact Human Resources at 2l2 229.5671 if you have any questions regarding the rewsed sexual discrimination poliCIes and procedures. mumimni 6/3/201 1 From: "Susan Sawyer" To: Date: 6115/2011 5:15 PM Subject: FW: Reminder: Sexual and Discriminatory Harassment. and FERPA OnlineTutorials and Policies From: Ann0unce Announce Sent: Thursday. February 11. 2010 10:22 AM To: Announce Announce Subject: Reminder: Sexual and Discriminatory Harassment, and FERPA OnlineTutorials and Policies This is a bi-annuai reminder to all students, faculty and staff that The New School is committed to creating and sustaining a university environment in which students, faculty. and staff can study and work in an open atmosphere. unhampered by discrimination. As suoh, the University is committed to prohibiting sexual harassment and discrimination of any kind. and, to immediately respond to and investigate any such concerns. in order to achieve and sustain a community tree of sexual harassment andlor discrimination. standards of behavior and procedures for dealing with breaches of these standards must be established and implemented within the context of academic freedom. The continued education on the expectations of all students, faculty and staff in the University community is essential; therefore. tutorials are available for people both new and established in the University: Online Sexual Harassment Prevention Training - provides information on sexual and discriminatory harassment. This Online program is comprehensive. user-friendly and can be easily accessed from any computer with intemet access. There are two available versions. depending on type of user: 1.New Users - an introductory course for new students, faculty and staff; 2.Existing Users - a refresher course for students. faculty and staff who have already taken the introductory course. Existing users must take the refresher course once every three years. Online FERPA tutorial (Family Educational Rights and Privacy Act) - - provides training regarding the privacy of education records, establishes students' rights to inspect and review their education records, and provides guidelines for correcti0n of inaccurate or misleading statements. Faculty and staff should take this tutorial once every two years. Students should review the university?s FERPA policy annualiy. Scott, Ronald From: Nunberg, Mmarn Sent: Wednesday September 28, 2011 12 15 PM To: Kena Tennent Cc: Soon Ronald Subject: Follow up questions Dear Ms. Tennent, 1 am writing with what we hope will be the last ot our questions tor you. we have two questions, one for Gene Puno De Leon and one Tom McDonald. If they feel that they can answer in writing, please forward their answer via email. we understand that this is short notice, but if they are providing written answers, it would be extremely helpful it it could be by Friday. IF they wish to answer verbally, we can schedule a brieF phone conversation, ideally early next week. For Puno De Leon: rPlease ex lain the standard or proof you utilized when you made a determination on the- -- tase (ie, did you use the reasonable certainty standard as WEIR). For Mr'. McDonald: -P1ease clarit your response with respect to how and whether you assessed the credibility ot dam -- Our notes from our conversation with you indicate that you stated that you not make a credibility determination atter speaking to each at them initially, as you were focused on gathering the facts. however, at the end of our interview we asked you whether atter speaking to each of them, you tound one more credible than the other. since our interview ended ouitkly due to time constraints, our notes at your answer are somewhat unclear. As a result, please explain it at the end ot your investigation, you determined that one Student was more Credible than another. If so, which student was it and why? It you Found them equally credible, please explain why Finally, it you tound neither to be trediole, please explain why as well. If you did not make a credibility determination, please explain the reason you did not. Thank you, Miriam Nunberg and Ronald 5(ott Persona Non Gram Efiectlve: 3/75/1 I All New School DormWories Duraflon: Until further noiice. Hair: Brown Eyes: Blown OTES: a from all Dormlloriaa nxcepl 300 20*" {root <<593151 MADE av: mus: guy 1 Security Department The New School 55 West 13'" Street, Mezz New York, NY 100]! Egg/2011) Kaila Torment -- mallmeling Mm: Gena I'LrlD'DeLeah Tu: lemme Kelln Dam 9/31/1011 4-23 PM PNG limellne Wm Update Saual case M, In responsem 001's mum the demils of the ma ubced ror-- I have put together ma tlmellne betew. 2/23/2011 "mth ween; told mm verbal>> mettle was te mm: to 2m street and was nutalnwed [a return In Sluy Park. - sent a Inflow-an email to student regarding h's move to 20th street and ms ban/ms Swy Park spoke In KHD Kelly Joyce to update Mm 3M made sure she was aware H731 Qudeutwasm be me me smy an Email h) Student 5W team (Tam Mmonald, Tiaw Rahlrl, Maureen Shem", Robert updaan [hem on Ms move am PNG (e--mail 2/3/2011 7 52!" mm Iallvw-up Iezneraecallme 2/15 rustling and that case was referred mTom McDonald Lena specmeally tells he ls not alva to enter Smy or any e1 me other halls untn umber notion. (thought! tea verbally In seam around the week a! February 2mm inform them of studenrs me, but Ida not have an emll ream er phone log record. 3/1/an! sent an e>>mail ask/n9 l-ai PNG from 13th Street meme because she wanted to avoid run r19 In mere. 1 Hm sent an e-mall 520lle with a Us! 0' "amps for PNG, Let rue know l/ym. have any mammal {ll/em. Thanks. 62M Ms Gene PunuvDe Lenn Diledlfl student Rights and Reswns'bilmes 79 mm Avenue. 5m mar NV, NY mos (212) 229-5349, ext. 365? Eglfifi'fifibna Tennem - Updategmxuai MiscondumEFsa From: Gene nine-Damn Yo: DRUM, Rm; Rwlh, Tracy, Mn" pm: 2/13/2011457 sum-n: Updit: MW um Helm everyone [met w_me enema: mm a! 1 303m. -was present during me meeting. lexpuinai -whame mums Mm me dams stared nd ms version o! evuhsmrer In ma Mfeel he melded her and he was adamant a no do 371va ng aqi sl nemmsent me am he mum-med mauhe mm were amtate. [will type up the notes on meme (or the file, During the meeting, that he would have In tempulamv mm to 20m street MM this evening, He |s leaving lomamm nigh! for Montreal and wili return Monday [wit him an small with inmmans on when to get his keys Ind that he is PNG ham Skuy unfii lunher rm, He said he W, Mb natified his ahml Um Irma. And (spam no Kelly Jaye: so me: she knows that ism rte-exhale his am there. new him that i wauid follow up next week with the nean in me pram am that the AVF of Student and Camus Life was aware or the Incident Thanks and have a good weekend. Gene Ms, Geno PunovDe Leon Director student wins and 79 FM: Avenue, 5m Floor NY, in woos (212) 2295319, mi 3653 "gain"sz qu Plese'e'gee'miaciim'ehfican Fvwn: K513 ma Yennem 9/1/20u 9:0: swam; Fwa: was: Se "mum/can Thomas llmelo 5/31/1011 3:01 PM Kala, m: unglnal m: wasnsuud mam Gum's em>> I M: on 3/1/2011, {pasted flue (mm Gene Maw: Phi ham ALL mlaunoe I:th-m 21m. a when Mcumnuv man. N: has - panning nun-n Mm. Hl' :mm "pm-m new mm at u- uu- leduiu manly, bm am not mafy mm. However, we new the mm" on ans/2011 due to Mm bumcopy you rave) Wetwed we! we mama mm the nmyy dumgeg Let me you need ma. Tom mow-Wesl 13m 5: Mum-n: New York, New Var]: 10011 212-22961" 4275 mm . HequesEon Page 11 From: Gene Pu YD: Date 3/1/2011 10:27 AM Subject: Re: Questilon Hello Jennuer, The student 15 currently banned from entering all rzslaence halls, includmg 13m street I will follow up with security. Gene Gene PunwDe Leon Director smaenr Righs and 79 Pm Avenue, 5th Floor NV, NY 10003 (212) 229-5349, ext. 3653 3/1/2011 10:09 AM 50 I run mo before at he :21 Street om'l cafeterla. Since It, I am ral logo theresmce could run into mm, 15 he allowed there? If he can go there, can 1 please have my meal plan refunded sincel know I won't use it up. Thank! Sent vla DROID on Vefizon Wireless A Vfifed-- WW iljw 244, M7 om .Wzd mm 7" [i 231'. .v 3 1113/2011 - spa and JL meet wllh-He was notified in person that he wil! be required move another residence nan pending me invesfigatlan inmhe mmpiaint against him. He was also mid in person that he will not be ailuwed hick into Smy Park unfl! 'unher notice. 2/18/1011 -- GPD sent followrup email 1h location a! new residence and reminder or PNG. i sawed RHD Joyce to update her. RHD Corbett was an jury duty, but hnusing staff knew of the move, not the detale of complaint. 3/1/2011 le--mailed GPD that she saw student,-in 13'" Street cafetena. GPD responded that he )5 banned. 3/1/2011 -- GPD sent e-mail to SetuIily with updazed informafion ahoui PNG names, Including- 3/15/1011 resent PNG on-co security. From: Student Ri his To: fl CC: LI, lusfin Date: 2/18/2011 12:31 PM Subject: Following up on our meeting Hein-- As per our meeting earlier today, you are being temporaniy relocated to the street Residenze Hair pending the run revlew of the Incident reported to my office. VDUV new space at 20th Street is room You should go over tonight between 7pm and 10pm to pick up your key and seine into the suite. Afler 10pm, you will not he allowed access back inbo Stuy Park until further notice, so you should take as much of your belongings as you can. I be in much with you about the next steps in the process. Thank you again Var gaming in to meet with me and Mr, Li this morning. Best, Gene PunoDeLeon Director Student Righfi and Responsibillfla 79 Fifth Avenue, 50! Floor New York, NY 10003 2 1222953149 2&21294090/5166 FAX srr(R)newschootedu From: Gene PunurDeLeofl Yo: Ll, Justrn; Robert; McDonald, Tom; Robln, Vacy; Sherrdan,, . Date: 2/ 18/2011 4:57 PM Subject: Update on Sexual Misconduct case Hello everyone, I met with-- the accused student, at 10:30am. Jusun was present durlng the meeting lexplalned what file allegetrons were, up arned his he ave him a copy of the handbook, and then proceeded to give him the details shared find -- His version or events dlfier in that he old not feel he (WV a was a amant that he not do anything against her willr I read him the taxis that Sent me and he confirmed that [he texs accurate. I Woe up the notes on Tuesday ior the file. Durrng the nreehng, told him that he would have to tanporarlly move to 20th street evenian He ls leavlng tomorrow night for Montreal (3) and will return Monday. I sent an email on when to get his keys and that he Is from Stuy until further notlce. He said he would comply Rob notrhed staff about temporary move. And I spoke to Kelly Joyce so that she knows mat once over at 20th St, that he is PNG and the deachvate his card there, 1 that I would follow up next week the next steps in the process and that the AVP of Student and Campus Life was aware of (he madam. Thanks and have a good weekend. Gene M5. Gene Puno-De Leon Director Sfiuderlt Rum and 79 Avenue, Floor NY, NY 10003 (212) 22975349, ext. 3553 {(flzfig?) Rachelle Gaefifiuow-ug Iguana our meeung; Smdenl a: his A Mmes 54/!011 15 PM 7 II: Dear- Iwme [chow up aur meenng an Fnday, February 18, 2011. Anached Is my summary of mat meeting. per my my, I am revemnq mus modem to Mr. Thomas J, Mmenah,Assmaan1ce Drama: lor 511mm and Campus Me. Iwauld also like to sneak one a! your Darenls address any quesmns my may have amu: these recent events Please wwde mm the name and number clone avyaur parents whom you have sunken mus rnddenl. You can also fed flee as provide them with my office number (211) 229.5349 3553 and Um (an all my office mm or 31th:" eamesk mnvememe Should you have any qualms 0v concerns, please do Ml Mam: mum me SlnzefE'Yr Gene vunweuan Dlrector 511mm and Responsmumes 79 mu Avenue, 5m floor New York, NY 10003 212.229.5309 FAX srmnewsemol Tm NEW minimii a woman February 24, 20" 20' Street Residence 300 West 20'" Street, New york, NY loan And via e-mail: near-- 1 am writing to summarize the discussion and outcome ofmy disciplinary review meeting with you on Felrnrary is, zoll. Also present at this meeting was Mr. Justin Li, Assistant Dircotor of Student Supporl and Crisis Management. The purpose ofthis meeting was to review a report filed against you that iraeeuraie \vDuld place you in viulalion oflhe Universin Sludcnt Code ofCorlduu Sections [LAvl (General Misconduct), ILAA (Physical Harassment), and the University's policy on Sexual Assault and Sexual Harassment As you are aware, I had received an incident report from are-hale student alleging that yau touched her inappropriately and coerced her into sesual activity against her will. Another female student recounch an incident last semesler (Frill ZOIO), during which you asked her questiuns ora sexual nature which she found inappropriate According to the report: on January 30'" around 7pm, you and the female student were chatting on Facehook. She then invited you to name the hall to her sune. two orycu were "hanging out", you began to give her a massage. The massage heearna sexual when yuu began to massage her breasts, You also pulled down her bra which made her feel uncomfortable. You also kissed her an the cheek. The activity stopped when she told you she needed to go to the bathroom You then said you would just leave. Some lime later that evening, the female studan messaged you on Facehook about how the previous activity was not appropriate and she stated that it will not happen again between the two ofyou, You did not want lo canllnucthe conversation over Facebook ehut, so you asked if You could come over 10 which she agreed. You rammed across [he hall and (it: female reported that you gave her a hug She told you that the hug was not ~rrle- and you complied The IWO ofyou were talking and hanging out but than you eventually coerced her into making out UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS THE ASSISTANT SECRETARY April 4, 2011 Dear Colleague: Education has long been recognized as the great equalizer in America. The U.S. Department of Education and its Office for Civil Rights (OCR) believe that providing all students with an educational environment free from discrimination is extremely important. The sexual harassment of students, including sexual violence, interferes with students? right to receive an education free from discrimination and, in the case of sexual violence, is a crime. Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. In order to assist recipients, which include school districts, colleges, and universities (hereinafter ?schools? or ?recipients?) in meeting these obligations, this letter1 explains that the requirements of Title IX pertaining to sexual harassment also cover sexual violence, and lays out the specific Title IX requirements applicable to sexual violence.2 Sexual/ violence, as that term is used In this letter, refers to physical sexual acts perpetrated against a person? will or where a person is incapable of giving consent due to the victim? 5 use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other . disability. A number of different acts fall into the category of sexual violence, includwl 1 The it has determined that this Dear Colleague Letter is a ?significant guidance document" under the Office of Management and Budget?s Final Bulletin for Agency Good Guidance Practices, 72 Fed. Reg. 3432 (Jan. 25, 2007), available at: matters pdf/012507 good guidancepdf. OCR issues this and other policy guidance to provide recipients with information to assist them in meeting their obligations, and to provide members of the public with information about their rights, under the civil rights laws and implementing regulations that we enforce. legal authority is based on those laws and regulations. This letter does not add requirements to applicable law, but provides information and examples to inform recipients about how OCR evaluates whether covered entities are complying with their legal obligations. If you are interested in commenting on this guidance, please send an e-mail with your comments to OCR@ed.gov, or write to us at the following address: Office for Civil Rights, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202. 2 Use of the term ?sexual harassment" throughout this document includes sexual violence unless otherwise noted. Sexual harassment also may violate TItle IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c), which prohibits public school districts and colleges from discriminating against students on the basis of sex, among other bases. The U.S. Department of Justice enforces Title IV. 400 MARYLAND AVE., S.W.. WASHINGTON, DC 20202-1100 The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 - Dear Colleague Letter: Sexual Violence sexual assault sexual battery, and sexual coercion. All such acts of sexual violence are forms of Sexual harass ent covered under Title IX. The statistics on sexual violence are both deeply troubling and a call to action for the nation. A report prepared for the National Institute ofJustice found that about 1 in 5 women are victims of completed or attempted sexual assault while in college.3 The report also found that approximately 6.1 percent of males were victims of completed or attempted sexual assault during college.4 According to data collected under the Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act (Clery Act), 20 U.S.C. 1092(f), in 2009, college campuses reported nearly 3,300 forcible sex offenses as defined by the Clery Act.5 This problem is not limited to college. During the 2007- 2008 school year, there were 800 reported incidents of rape and attempted rape and 3, 800 reported incidents of other sexual batteries at public high schools. Additionally, the likelihood that a woman with intellectual disabilities will be sexually assaulted Is estimated to be significantly higher than the general population.7 The Department is deeply concerned about this problem and is committed to ensuring that all students feel safe in their school, so that they have the opportunity to benefit fully from the school?s programs and activities. This letter begins with a discussion of Title requirements related to student-on-student sexual harassment, including sexual violence, and explains schools? responsibility to take immediate and effective steps to end sexual harassment and sexual violence. These requirements are discussed in detail in Revised Sexual Harassment Guidance issued in 2001 (2001 Guidance).8 This letter supplements the 2001 Guidance by providing additional guidance and practical examples regarding the Title IX requirements as they relate to sexual violence. This letter concludes by discussing the proactive efforts schools can take to prevent sexual harassment and violence, and by providing examples of remedies that schools and OCR may use to end such conduct, prevent its recurrence, and address its effects. Although some examples contained in this letter are applicable only in the postsecondary context, sexual 3 CHRISTOPHER P. KREBS ET AL., THE CAMPUS SEXUAL ASSAULT STUDY: FINAL REPORT (Nat?l Criminal Justice Reference Serv., Oct. 2007), available at http: ncirs. pdf. This study also found that the majority of campus sexual assaults occur when women are incapacitated, primarily by alcohol. Id. at :.Id at. 5-5.. 5US. Department of Education, Office of Postsecondary Education, Summary Crime Statistics (data compiled from reports submitted in compliance with the Clery Act), available at Under the Clery Act, forcible sex offenses are defined as any sexual act directed against another person, forcibly and/or against that person?s will, or not forcibly or against the person?s will where the victim is incapable of giving consent. Forcible sex offenses include forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling. 34 C. F. Part 668, Subpt. D, App. A. 6SIMONE ROBERS ET AL., INDICATORS OF SCHOOL CRIME AND SAFETY: 2010 at 104 (U. S. Dep? of Educ. U. S. Dep? ofJustice, Nov. 2010), available at :.//nces ed. gov/pub52011/2011002. 7ERIKA HARRELL MICHAEL R. RAND, CRIME AGAINST PEOPLE WITH DISABILITIES, 2008 (Bureau of Justice Statistics, U. S. Dept ofJustice, Dec. 2010), available at http: //bjs. Dip. usdoj. gov/content/Dub/pdf/capd08 Ddf. 3The 2001 Guidance Is available on the Department' 5 Web site at http: This letter focuses on peer sexual harassment and violence. Schools? obligations and the appropriate response to sexual harassment and violence committed by employees may be different from those described in this letter. Recipients should refer to the 2001 Guidance for further information about employee harassment of students. Page 3 - Dear Colleague Letter: Sexual Violence harassment and violence also are concerns for school districts. The Title IX obligations discussed in this letter apply equally to school districts unless otherwise noted. Title IX Reguirements Related to Sexual Harassment and Sexual Violence Schools? Obligations to Respond to Sexual Harassment and Sexual Violence Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual violence is a form of sexual harassment prohibited by Title IX.9 As explained in 2001 Guidance, when a student sexually harasses another student, the harassing conduct creates a hostile environment if the conduct is sufficiently serious that it interferes with or limits a student?s ability to participate in or benefit from the school's program. The more severe the conduct, the less need there is to show a repetitive series of - incidents to prove a hostile environment, particularly if the harassment is physical. Indeed, a single or isolated incident of sexual harassment may create a hostile environment if the incident Is sufficiently severe. For instance, a single instance of rape is sufficiently severe to create a hostile environment. $5 or training program 9 Title IX also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature. The Title IX obligations discussed in this letter also apply to gender-based harassment. Gender- based harassment is discussed in more detail in the 2001 Guidance, and in the 2010 Dear Colleague letter on Harassment and Bullying, which is available at l_0_101_02d_f- ?See, e. Jennings . . 4th Cir. 2006) (acknowledging that while not an issue in this cas a single incident of sexual I tor rape co 2 oe sufficient to raise a jury question about whether a hostile - - noti . - 5 look to Title VII cases for guidance In analyzing Title IX sexual harassment claims), Vance v. Spencer Cnty. Pub. Sch. Dist, 231 F. 3d 253, 259 n. 4 (6th Cir. 2000) the context of Title IX, 3 student? 5 claim of hostile environment can arise from a single incident'? (quoting Doe v. Sch. Admin. Dist. No. 19, 66 F. Supp. 2d 57, 62 (0. Me. 1999)?; Soper v. Hoben, 195 F.3d 845, 855 (6th Cir. 1999) (explaining that rape and sexual abuse "obviously qualif[y] pervasive, and objectively offensive sexual harassment"); see also Berry v. Chi. Transit Auth., 618 F.3d 688, 692 (7th Cir. 2010) (in the Title VII context, "a single act can create a hostile environment if it is severe enough, and instances of uninvited physical contact with intimate parts of the body are among the most severe types of sexual harassment"); Turner Saloon, Ltd, 595 F. 3d 679, 686 (7th Cir 2010) (noting that instance of conduct that' IS sufficiently severe may be enough, which Is e?specially true when the touching IS of an intimate body part" (quoting Jackson v. Cnty ofRacine, 474 F. 3d 493, 499 (7th Cir. McKinnis v. Crescent Guardian, Inc., 189 F. App? 307, 310 (5th Cir. 2006) (holding that "'the deliberate and unwanted touching of [a plaintiff?s] intimate body parts can constitute severe sexual harassment?? In Title VII cases (quoting Harvil/ v. Westward Commc? ns, L.L.C., 433 F.3d 428, 436 (5th Cir. Page 4 Dear Colleague Letter: Sexual Violence sponsored by the school at another location, or elsewhere. For example, Title IX protects a student who is sexually assaulted by a fellow student during a schook?ponsored field trip.11 (hf [Maw-vigil? I5 ?La-g. If a school knows or reasonably ould know about tudent- -on- -student harassment that were 31g: Eitile environment?le IX requires to eliminate the hara J, nt prevent its Wrence, and add 5 effects. Schools also are required adopt and publiSh grievance procedures. Because 7 6 - of these requirements, which are discussed In greater detail in the following section, schools need to ensure that. their employees are trained?o that they know to report harassment to appropriate school officials, and so that employees with the authority to address harassment know how to respond properly. Tirairringforemp; .uldinclud'e practicalmmon about how to identify and report sexual harassment and violence! OCR recommends that this training be provided to any employees likely to witness or receive reports of sexual harassment and violence, including teachers, school law enforcement unit employees, school administrators, school counselors, general counsels, health personnel, and resident advisors. Schools may have an obligation to respond to student-on-student sexual harassment that initially occurred off school grounds, outside a school?s education program or activity..J.fa student- ?les a'complaint with the schoolwrtagardless of where the conduct occurred, the school must process the complaint In detestablishgd. procedures Because students often experience the continuing effects of off-campus sexual harassment In the educational setting, schools should consider the effects of the off-campus conduct when evaluating whether there is. a hos-tile environment on campus. For example, if a student alleges that he or she was sexually assaulted by another student off school grounds, and that upon returning to school he or she was taunted and harassed by other students who are the alleged perpetrator?s friends, the?school should take the earlier sexual assault into account in determining whether there is a. sexually hostile en-Wnt; The school also should take steps to protect a student who was assaulted off campus from further sexual harassment or retaliation from the perpetrator and ms or her assoaates. 15? ~i 5W (ii/154 my 5W egardless of whether a arassed student, his or her parent, or a third party files a complaint under the school? 5 grievance procedures or othenIvise requests action on the student? 5 behalf, 3 school that knows, or reasonably should know, about possible harassment must investigate to determine what occurred and then take appropriate steps to resolve the situation. As discussed later In this letter, the school? 5 Title IX investigation is different from any film/725% law enforcement investigation, and a law enforcement investigation does not relieve the school of its independent Title IX obligation to investigate the conduct. The specific steps in a 11 Title IX also protects third parties from sexual harassment or violence in a school?s education programs and activities. For example, Title IX protects a high school student participating in a college's recruitment program, a all visiting student athlete, and a visitor in a school?s on-campus residence hall. Title IX also protects employees of a recipient from sexual harassment. For further information about harassment of employees, see 2001 Guidance at n2. 1. 12This IS the standard for administrative enforcement of Title IX and In court cases where plaintiffs are seeking injunctive relief See 2001 Guidance at ii- v, 12- 13. The standard In private lawsuits for monetary damages lS actual knowledge and deliberate indifference. See Davis v. Monroe Cnty. Bd. ofEd., 526 U. S. 629, 643, 648 (1999). . low Page 5 - Dear Colleague Letter: Sexual Violence investigation will vary depending upon the Wham-dons, studentsrinvolwed?particularly in elementary and secondary and administrativeustructure of thesehoolv, and-other factors. Yet as discussed in more detail below, the school?s inquiry must in all cases bemrIWpt,-Ithonough, and: impartial. In cases involving? potential criminal conduct, school personnel must determine, consistent with State and local law, whether appropriate law enforcement or other authorities should be notified.13 Schools also should inform and obtain consent from the complainant (or the complainant?s parents if the complainant is under 18 and does not attend a postsecondary institution) before beginning an investigation. If the complainant requests confidentiality or asks that the complaint not be pursued, tilesghoghmald take allreasonable s-tepsto investigate and respond to the complaint consistent with the request forconfidentiality-or request not to pursue an investigation. If a complainant insists. that his or her name or other identifiable Lshinforrnation not be disclosed to the alleged perpetrator,.the school should informthe 0w complainant that its ability to respond may be limited.14 The school also should tell the complainant that Title IX prohibits retaliation, and that school officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs. ?scussed in the 2001 Guidance, if the complainant continues to ask that his or her name or other identifiable information-not be revealed, the-school should evaluate that request in the den-ts..Thus, the school may weigh the request for confidentiality against the following of its responsibility to provide a safe and nondiscriminatory environment for all factors: the seriousness of the alleged harassment; the complainant?s age; whether there have een other harassment complaints about the same individual; and the alleged harasser?s rights h/Ito receive information about the allegations if the information is maintained by the school as an I "education re?tord" under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; 34 C.F.R. Part 99.15 The school should inform the complainant if it cannot ensure confidentiality. Even if the school cannot take disciplinary action against the alleged harasser the complainant insists on confidentiality, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence. Examples of such steps are discussed later in this letter. Z) Mb? Compliance with Title IX, such as..p,ublishinga notice of nondiscrimination, desrgnatin an Z5 +0 5 employee to coordinate Title .IX-eompliance, and adopting and publishing grievance procedures, can serve as preventive measures against harassment. Combined with education and training 3) 64/ programs, these measures can help ensure that all students and employees recognize the ain incidents to local laW/\ on confidentiality and the alleged 13 In states with mandatory reporting laws, schools may be required to report enforcement or child protection agencies. 14 Schools should refer to the 2001 Guidance for additional informati perpetrator?s due process rights. 15 For example, the alleged harasser may have a right under FE A to inspect and review portions of the complaint that directly relate to him or her. In that case, the school mu redact the complainant?s name and other identifying information before allowing the alleged harass to inspect and review the sections of the complaint that relate to him or her. In some cases, such as those wh re the school is required to report the incident to local law enforcement or other officials, the school may not able to maintain the complainant?s confidentiality. 1) Warm, Won? OIUQDW cl WW 7 mil Page 6 Dear Colleague Letter: Sexual Violence nature of sexual harassment and violence, and understand that the school will not tolerate such conduct. Indeed, these measures may bring potentially problematic conduct to the school?s attention before it becomes serious enough to create a hostile environment. Training for administrators, teachers, staff, and students also can help ensure that they understand what types of conduct constitute sexual harassment or violence, can identify warning signals that may need attention, and know how to respond. More detailed information and examples of education and other preventive measures are provided later in this letter. Procedural Requirements Pertaining to Sexual Harassment and Sexual Violence Recipients of Federal financial assistance must comply with the procedural requirements outlined in the Title IX implementing regulations. Specifically, a recipient must: (A) Disseminate a notice of nondiscrimination;16 5/ I i (B) Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title and NW (C) Adopt and publish grievance procedures providing for promptand equitable resolution (AFW of student and employee sex discrimination complaints.18 . These requirements apply to all forms of sexual harassment, including sexual violence, and are important for preventing and effectively responding to sex discrimination. They are discussed in greater detail below. OCR advises recipients to examine their current policies and procedures on sexual harassment and sexual violence to determine whether those policies comply with the requirements articulated in this letter and the 2001 Guidance. Recipients should then implement changes as needed. (A) Notice of Nondiscrimination The Title IX regulations require that .each recipient publish a notice of nondiscrimination stating that the recipient on the basis of sex in its education programs and activities, and that Title lX requires it not to discriminate in such a manner.19 The notice must state that inquiries concerning the application of Title leaybe referred to the recipient?s Title IX coordinator or to OCR. It should include the name or title, office address, telephone number, and e?mail address for the recipient?s designated Title IX Coordinator. The notice must be widely distributed to all students, parents of elementary and secondary students, employees, applicants for admission and employment, and other relevant persons. OCR recommends that the notice be prominently posted on school Web sites and at various 1? 34 C.F.R. 106.9. 1? id. ?8 id. 19 Id. Page 7 Dear Colleague Letter: Sexual Violence locations throughout the school or campus and published in electronic and printed publications of general distribution that provide information to students and employees about the school?s services and policies. The notice should be available and easily accessible on an ongoing basis. Title IX does not require a recipient to adopt a policy specifically prohibiting sexual harassment or sexual viole?n'Ce. As noted in the 2001 Guidance, however, a recipient?s general policy prohibiting sex discrimination will not be considered effective and would. violate Title IX it, because of the lack of a specific policy, students are unaware of what kind of conduct . )%onstiztutes sexual harassment, including sexual violence, or?that?suc'h con'duCt is prohibited sex . iscrimination. OCR therefore recommends thata recipient?s nondiscrimination policy state that prohibited sex discrimination covers sexual harassment, including sexual violence, and that the policy include examples of the types of conduct that it covers. (B) Title IX Coordinator The Title IX regulations require a recipient to notify all students and employees of the name or title and contact information of the person designated to coordinate the recipient?s compliance with Title IX.20 The coordinator?s responsibilities include overseeing all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of suchacomplaints. The Title IX coordinator or designee should be available to meet with students as needed. lfa recipient designates more than one Title IX coordinator, the notice should describe each coordinator?s responsibilities who will handle complaints by students, faculty, and other employees). The recipient should designate-onecotard'inator as having ultimate oversight responsibility, and the other coordinators should have titles clearly showing that they are in a deputy or supportingrole to the senior coordinator. The Title IX coordinators Mt have otherjob responsibilities that may create a conflict of interest. For example, serving as'the Title IX coordinator and a disciplina?ng ard me er or general counsel may create a conflict of interest. AW QJ/chw? Recipients must ensure that employees designated to serve as Title IX coordinators have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how the recipient?s grievance procedures operate. Because sexual violence 5/ complaints often are filed with the school?s law enforcement unit, all school law enforcement unit employees should receive training on the school?s Title IX grievance procedures and any other procedures used for investigating reports of sexual violence. In addition, these employees should receive copies of the school?s Title IX policies. Schools should instruct law enforcement unit employees both to notify complainants of their right to file a Title IX sex discrimination _c_omplaint with the school in addition to filing a criminal complaint, and to report incidents of sexual violence to the Title IX coordinator if the complainant consents. The school?sw coordinator or designee should be available to provide assistance to school law enforcement unit employees regarding how to respond appropriately to reports of sexual violence. The Title IX coordinator also should be given access to school law enforcement unit investigation notes 2? Id. Page 8 - Dear Colleague Letter: Sexual Violence and findings as necessary for the Title IX investigation, so long as it does not compromise the criminal investigation. (C) Grievance Procedures The Title IX regulations require all recipients to adopt and publish grievance procedures providing for the prompt and equitable resolution of sex discrimination complaints.21 The grievance procedures must apply'to sex discrimination complaints filed by students against school employees, other students, orthird parties. 55 L, film 5% 5 ?avor] of ?vQ/ Title IX does not require a recipient to provide separate grievance procedures for sexual harassment and sexual violence complaints. Therefore, a recipient may use student disciplinary procedures or other separate procedures to resolve such complaints. Any procedures used to adjudicate complaints of sexual harassment or sexual violence, including disciplinary procedures, however, muzst meet the Title IX requirement of affording a complainant a prompt (guitable resolutit?m?.2 2'These requirements are discussed In greater detail below. If the Wipient relies on disciplinary procedures for Title IX compliance, the Title IX coordinator 37f; should review the recipient? disciplinary procedures to ensure that the procedures comply with the prompt and equitable requirements of Title IX.2 [Cf/?31; rievance procedures generally may include voluntary informal mechanisms mediation) for resolving some types of sexual harassment complaints. OGR has frequently advised recipients, however, that it is improper for a student who complains of harassment to be yrequired to work out the problem directly with the alleged perpetrator, and certainly not ywithout appropriate involvement by the school (6.9., participation by a trained counselor, a /trained mediator, or, if appropriate, a teacher or administrator). In addition, as stated in the 2001 Guidance, the complainant must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process. Moreover, in cases involving allegations of sexual assault, mediation is not appropriate even on a voluntary basis. OCR Mrecommends that recipients clarify in their grievance procedures mediation will not be WM used resolve sexual assault complaints. Madam/um MWZEM 21.Id 106. Title IX also requires recipients to adopt and publish grievance procedures for employee complaints of sex discrimination. 0?ng 22 These procedures must apply to all students, including athletes. If a complaint of sexual violence involves a student athlete, the school must follow its standard procedures for resolving sexual violence complaints. Such CW complaints must not be addressed solely by athletics department procedures. Additionally, if an alleged perpetrator is an elementary or secondary student with a disability, schools must follow the procedural safeguards in the Individuals with Disabilities Education Act (at 20 U.S.C. 1415 and 34 C.F.R. 300500300519, 300.530- 300.537) as well as the requirements of Section 504 of the Rehabilitation Act of 1973 (at 34 C.F.R. 104.35- 104.36) when conducting the investigation and hearing. 23 A school may not absolve itself of its Title IX obligations to investigate and resolve complaints of sexual harassment or violence by delegating, whether through express contractual agreement or other less formal arrangement, the responsibility to administer school discipline to school resource officers or ?contract" law enforcement officers. See 34 C.F.R. 106.4. Page 9 Dear Colleague Letter: Sexual Violence Prompt and Equitable Requirements As stated in the 2001 Guidance, OCR has identified a number of elements in evaluating whether a school?s grievance procedures provide for prompt and equitable resolution o??mia'l? harassment complaints.?These elements also apply to sexual violence complaints because, as explained above, sexual violence is a form of sexual harassment. OCR will review all aspects of a school?s grievance procedures, including the following elements that are critical to achieve compliance with Title IX: 0 Notice to students, parents of elementary and secondary students, and employees of the grievance procedures, including where complaints may be filed; 0 Application of the procedures to complaints alleging harassment carried out by employees, other students, or third parties; 0 Adequate, reliable, and impartial investigation of complaints, including both art' witnmother evidence; and reasonably prompt timef amei mm major my; of the complaint process; 0 Notice to partie come of the com Iaint;24 and 0 An assurance thatt SC 00 will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate. As noted in the 2001 Guidance, procedures adopted will vary in detail, specificity, and components, reflecting differences in the age of students, school sizes and administrative structures, State or local legal requirements, andpast experienceszAlthough OCR examines whether all applicable elements are addressed when investigating sexual harassment complaints, this letter focuses on those elements where our work indicates that more clarification and explanation are needed, including: (A) Notice of the grievance procedures The procedures for resolving complaints of sex discrimination, including sexual harassment, should be written in language appropriate to the age of the school?s students, easily understood, easily located, and widely distributed. OCR recommends that the grievance procedures be prominently posted on school Web sites; sent electronically to all members of the school community; available at various locations throughout the school or campus; and summarized in or attached to major publications issued by the school, such as handbooks, codes of conduct, and catalogs for students, parents of elementary and secondary students, faculty, and staff. (B) Adequate, Reliable, and Impartial Investiqation of Complaints work indicates that a number of issues related to an adequate, reliable, and impartial investigation arise in sexual harassment and violence complaints. In some cases, the conduct 2? ?Outcome" does not refer to informationiabowedisslg?n amsarilctionsrunless otherwise noted. Notice of the outcome istdiscussed in greater detail in Section below. Page 10 - Dear Colleague Letter: Sexual Violence may constitute both sexual harassment under Title IX and criminal activity. Police investigations may be useful for fact-gathering; but because the standards for criminal investigations are different, police investigations or reports are not determinative of whether sexual harassment gMolence violates Title IX. Conduct may constitute unlawful sexual harassment under Title IX even if the police do not havesuffieienit evidence of a criminal violation. In addition, a criminal investigation into allegations of sexual violence does not relieve the school of its duty under Title IX to resolve complaints and equ%m i A school should notify a complainant of the right to file a criminal complaint, and 56% dissuade a victim from doing so either during or after the school?s internal Title IX investigation. For instance, if a complainant wants to file a police report, the school should not tell the complainant that it is working toward a solution and instruct, or ask, the complainant to wait to file the report. Schools should not wait for the conclusion of a criminal investigation or criminal proceeding to begin their own Title IX investigation and, if needed must take immediate steps to protect the student In the educational conducnhg Mn investigation or taking steps to protect the complainant because it wants to see whether the alleged perpetrator will be found guilty of a, crime. Any agreement or Memorandum of Understanding (MOU) with a local police department must allow the school to meet its Title IX obligation to resolve complaints and equitably. Although a school may need to delay temporarily the fact-finding portion of a Title IX investigation while the police are gathering evidence, once notified that the police department has completed its gathering of evidence (not the ultimate outcome of the investigation or the filing of any charges), the school must resume and complete its fact-finding for the Title IX investigation.25 Moreover, nothing in an MOU or the criminal investigation itself should prevent a school from notifying complainants of their Title IX rights and the school's grievance procedures, or from taking interim steps to ensure the safety and well-being of the complainant and the school community while the law enforcement agency?s fact~gathering is in progress. OCR also recommends that a school's MOU include clear policies on when a school will refer a matter to local law enforcement. As noted above, the Title IX regulation requires schools to provide equitable grievance procedures. As part of these procedures, schools generally conduct investigations and hearings etermine whether sexual harassment or violence occurred. complaints filed with QCR under Title IX, OCR reviews a school?s procedures to determine whether the school is usinga preponderance of the The Supreme Court has applied a preponderance of the evidence standard in civil litigation involving discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. et seq. Like Title IX, 25 In one recent sexual violence case, the prosecutor?s office informed OCR that the police department?s evidence gat ring stage typically takes three to ten calendar days, although the delay in the school's investigation may be longer in certain instances. Page 11 Dear Colleague Letter: Sexual Violence4 Title VII prohibits discrimination on the basis of sex.26 OCReIsoruses a preponderance of'the evidence standard when it resolves complaints against recipients. For instance, Case Processing Manual requires that a noncompliance determination be supported by the preponderance of the evidence when resolving allegations of discrimination under all the statutes enforced by OCR, including Title IX.27 OCR also uses a preponderance of the evidence\\ standard in its fund termination administrative hearings.28 Thus, in order for a school?s grievance procedures to be consistent with Title IX standards, the school must use a preponderance of the evidence standard it iszmore likely than not that sexual harassment or violence occurred). The ?clear and convincing" standard 63., it reasonably certain that the sexual harassment or violence occurred), currently used by some schools, is a higher standard of proof. Grievance procedures that use this higher standard are inconsistent with the standard of proof established for Violations of the civil rights laws, and are thus not equitable under Title IX. Therefore, preponderance of the evidence IS the appropriate standard for investigating allegations of sexual harassment or violence. Throughout a school's Title IX investigation, including at any hearing, the parties must have an eqUal opportunIty to present relevant witnesses and other evidence. The complainant and the alleged perpetrator must be afforded similar and timely access to any information that will be used at the hearing.29 For example, a school should not conduct a pre- hearing meeting during which only the alleged perpetrator is present and given an opportunity to present his or her side of the story, unless a similar meeting takes place with the complainant; a hearing officer or disciplinary board should not allow only the alleged perpetrator to present character witnesses at a hearing; and a school should not allow the alleged perpetrator to review the complainant?s 26 See, Desert Palace, inc. v. Costa, 539 U.S. 90, 99 (2003) (noting that under the ?conventional rule of civil litigation,? the preponderance of the evidence standard generally applies in cases under Title Price Waterhouse v. Hopkins, 490 U.S. 228, 252-55 (1989) (approving preponderance standard in Title VII sex discrimination case) (plurality opinion); id. at 260 (White, J., concurring in thejudgment); id. at 261 (O'Connor, J., concurring in the judgment). The 2001 Guidance noted (on page vi) that ?[wlhile Gebser and Davis made clear that Title VII agency principles do not apply in determining liability for money damages under Title IX, the Davis Court also indicated, through its specific references to Title VII caselaw, that Title VII remains relevant in determining what constitutes hostile environment sexual harassment under Title See also Jennings v. Univ. ofN.C., 482 F.3d 686, 695 (4th Cir. 2007) ("We look to case law interpreting Title VII of the Civil Rights Act of 1964 for guidance in evaluating a claim brought under Title 27 Case Processing Manual is available on the Department?s Web site, at 28 The Title IX regulations adopt the procedural provisions applicable to Title VI of the Civil Rights Act of 1964. See 34 C.F.R. 106.71 ("The procedural provisions applicable to Title VI of the Civil Rights Act of 1964 are hereby adopted and incorporated herein by reference?). The Title VI regulations apply the Administrative Procedure Act to administrative hearings required prior to termination of Federal financial assistance and require that termination decisions be "supported by and in accordance with the reliable, probative and substantial evidence.? 5 U. S. C. 556(d). The Supreme Court has interpreted "reliable, probative and substantial evidence? as a direction to use the preponderance standard See Steadman v. SEC, 450 S. 91, 98? 102 (1981). 29Access to this information must be provided consistent with FERPA. For example, if a school introduces an alleged perpetrator? 5 prior disciplinary records to support a tougher disciplinary penalty, the complainant would not be allowed access to those records. Additionally, access should not be given to privileged or confidential information. For example, the alleged perpetrator should not be given access to communications between the complainant and a counselor or information regarding the complainant?s sexual history. Page 12 Dear Colleague Letter: Sexual Violence statement without also allowing the complainant to review the alleged perpetrator?s statement. While OCR does not require schools to permit parties to have lawyers at any stage of the proceedings, if a school chooses to allow the parties to have their lawyers participate in the proceedings, it must do so equally for both parties. Additionally, any school-imposed restrictions on the ability of lawyers to speak or otherwise participate in the proceedings should apply equally. OCR strongly discourages schools from allowing the parties - . .. question or cross-examine each other during the hearing, an alleged perpetrator to question an alleed victim directly may traum intimidating, thereby possibly escalating or - - oe uating a hosti . - - .. - - . OGR so recommends that schools provide an appeals . 05 process. lf?a school provides for appeal of the findings or remedy, it must do so for both parties. Schools must maintain documentation of all proceedings, which may include written findings of facts, transcripts, or audio recordin_s. All persons involved in implementing a recipient?s grievance procedures Title IX coordinators, investigators, and adjudicators) must have training or experience in handling complaints of sexual harassment and sexual violence, and in the recipient?s grievance procedures. The training also should include applicable confidentiality requirements. in sexual violence cases, the fact-finder and decision-maker also should have adequate training or knowledge regarding sexual violence.30 Additionally, a school?s investigation and hearing processes cannot be equitable unless they are impartial. Therefore, any real or perceived conflicts of interest between the fact-finder or decision-maker and the parties should be disclosed. Public and state-supported schools must provide due process to the alleged perpetrator. However, schools should ensure that steps taken to accord due process rights to the alleged perpetrator do not restrict or unnecessarily delay the Title IX protections for the complainant. (C) Desiqnated and Reasonably Prompt Time Frames OCR will evaluate whether a-school?s grievance procedures specify the time frames for all major stages of theiipro?ce?d?ures, as well as the process for extending timelines. Grievance procedures should specify the time frame within which: (1) the school will conduct a full=investigation of the complaint; (2) both parties receive a response regarding the outcome of the complaint; and (3) the parties may file an appeal, if applicable. Both parties should be given periodic status updates. Based on OCR experience, a typical investigation takes approximately 60 calendar days following receipt of the complaint. Whether OCR considers complaint resolutions to be timely, however, will vary depending on the complexity of the investigation and the severity and extent of the harassment. For example, the resolution of a complaint involving multiple incidents with multiple complainants likely would take longer than one involving a single incident that For instance, if an investigation or hearing Involves forensnc eVIdence, that evrdence should be revnewed by a trained forensic examiner. Page 13 Dear Colleague Letter: Sexual Violence occurred in a classroom during school hours with a single complainant. (D) Notice of Outcome Both parties must be notified, in writing, about the outcome of both the complaint and any appeal,31 whether harassment was found to have occurred. OCR recommends that schools provide the written determination of the final outcome to the complainant and the alleged perpetrator concurrently. Title IX does not require the school to notify the alleged perpetrator of the outcome before it notifies the complainant. Due to the intersection of Title IX and FERPA requirements, OCR recognizes that there may be confusion regarding what information a school may disclose to the complainant.32 FERPA generaiMmhibWew-mmsensua l- :diselosumfnpepsonally identifiable =i nformatiionr-from a ?edu?i?bh rem? However, as stated in the 2001 Guidance, FERPA permits a school to disclose to the harassed student information about the sanction imposed upon a student who was found to have engaged in harassment when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall.33 Disclosure of other information in the student?s "education record,? including information about sanctions that do not relate to the harassed student, may result in a violation of FERPA. Further, when the conduct involves a crime of violence or a non-forcible sex offense,34 FERPA permits a postsecondary institution to disclose to the alleged victim the final results of a 31 As noted previously, "outcome? does not refer to information about disciplinary sanctions unless otherwise noted. 32 In 1994, Congress amended the General Education Provisions Act (GEPA), of which FERPA is a part, to state that nothing in GEPA ?shall be construed to affect the applicability of title VI of the Civil Rights Act of 1964, title IX of Education Amendments of 1972, title of the Rehabilitation Act of 1973, the Age Discrimination Act, or other statutes prohibiting discrimination, to any applicable program." 20 U.S.C. 1221(d). The Department interprets this provision to mean that FERPA continues to apply in the context of Title IX enforcement, but if there is a direct conflict between the requirements of FERPA and the requirements of Title IX, such that enforcement of FERPA would interfere with the primary purpose of Title IX to eliminate sex?based discrimination in schools, the requirements of Title IX override any conflicting FERPA provisions. See 2001 Guidance at vii. 33 This information directly relates to the complainant and is particularly important in sexual harassment cases because it affects whether a hostile environment has been eliminated. Because seeing the perpetrator may be traumatic, a complainant in a sexual harassment case may continue to be subject to a hostile environment if he or she does not know when the perpetrator will return to school or whether he or she will continue to share classes or a residence hall with the perpetrator. This information also directly affects a complainant?s decision regarding how to work with the school to eliminate the hostile environment and prevent its recurrence. For instance, if a complainant knows that the perpetrator will not be at school or will be transferred to other classes or another residence hall for the rest of the year, the complainant may be less likely to want to transfer to another school or change classes, but if the perpetrator will be returning to school after a few days or weeks, or remaining in the complainant's classes or residence hall, the complainant may want to transfer schools or change classes to avoid contact. Thus, the complainant cannot make an informed decision about how best to respond without this information. 34 Under the FERPA regulations, crimes of violence include arson; assault offenses (aggravated assault, simple assault, intimidation); burglary; criminal homicide (manslaughter by negligence); criminal homicide (murder and Page 14 Dear Colleague Letter: Sexual Violence disciplinary proceeding against the alleged perpetrator, regardless of whether the institution concluded that a violation was committed?5 Additionally, a postsecondary institution may disclose to anyone?not just the alleged victim?the final results of a disciplinary proceeding if it determines that the student is an alleged perpetrator of a crime of violence or a non-forcible sex offense, and, with respect to the allegation made, the student has committed a violation of the institution's rules or policies.36 Postsecondary institutions also are subject to additional rules under the Clery Act. This law, which applies to postsecondary institutions thatpartieipate in Federal student financial aid' programs, requires that ?both the accuser and the accused mustbe informed of the outcome37 of any institutional disciplinary proceeding brought alleging a sex offense.?38 Compliance with this requirement does not constitute a violation of FERPA. Furthermore, the FERPA limitations on redisclosure of information do not apply to information that postsecondary institutions are required to disclose under the Clery Act.39 Accordingly, postsecondary institutions may not require a complainant to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the redisclosure of this information. Steps to Prevent Sexual Harassment and Sexual Violence and Correct its Discriminatory Effects on the Comminant and Others Education and Prevention in addition to ensuring full compliance with Title lX, schools should take proactive measures to prevent sexual harassment and violence. OCR recommends that all schools implement preventive education programs and make victim resources, including comprehensive victim services, available. Schools may want to include these education programs in their (1) orientation programs for new students, faculty, staff, and employees; (2) training for students who serve as advisors in residence halls; (3) training for student athletes and coaches; and (4) school assemblies and ?back to school nights.? These programs should include a non-negligent manslaughter); destruction, damage or vandalism of property; kidnapping/abduction; robbery; and forcible sex offenses. Forcible sex offenses are defined as any sexual act directed against another person forcibly or against that person?s will, or not forcibly or against the person?s will where the victim is incapable of giving consent. Forcible sex offenses include rape, sodomy, sexual assault with an object, and forcible fondling. Non- forcible sex offenses are incest and statutory rape. 34 C. F. R. Part 99, App. A. 3534 C. F. R. 99 31(a)(13). For purposes of 34 C. F. R. 99. 31(a)(13)- disclosure of ?final results? is limited to the name of the alleged perpetrator, any violation found to have been committed, and any sanction imposed against the perpetrator by the school. 34 C.F.R. 99.39. 3" 34 C.F.R. 37 For purposes of the Clery Act, "outcome? means the institution? 5 final determination with respect to the alleged sex offense and any sanctions imposed against the accused. 34 C. F. R. 668. 3834 C. F. R. 668. Under the Clery Act, forcible sex offenses are defined as any sexual act directed against another person forcibly or against that person? will, or not forcibly or against the person? will where the person is incapable of giving consent. Forcible sex offenses include forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling. Non-forcible sex offenses include incest and statutory rape. 34 C.F.R. Part 668, Subpt. D, App. A. ?9 34 C.F.R. Page 15 Dear Colleague Letter: Sexual Violence discussion of what constitutes sexual harassment and sexual violence, the school?s policies and disciplinary procedures, and the consequences of violating these policies. The education programs also should include information aimed at encouraging students to report incidents of sexual violence to the appropriate school and law enforcement authorities. Schools should be aware that victims or third parties may be deterred from reporting incidents if alcohol, drugs, or other violations of school or campus rules were involved."0 As a result, schools should consider whether their disciplinary policies have a chilling effect on victims? or other students? reporting of sexual violence offenses. For example, OCR recommends that schools inform students that the schools? primary concern is student safety, that any other rules violations will be addressed separately from the sexual violence allegation, and that use of alcohol or drugs never makes the victim at fault for sexual violence. OCR also recommends that schools develop specific sexual violence materials that include the schools? policies, rules, and resources for students, faculty, coaches, and administrators. Schools also should include such information in their employee handbook and any handbooks that student athletes and members of student activity groups receive. These materials should include where and to whom students should go if they are victims of sexual violence. These materials also should tell students and school employees what to do if they learn of an incident of? sexual violence. Schools also should assess student activities regularly to ensure that the practices and behavior of students do not violate the schools? policies against sexual harassment and sexual violence. Remedies and Enforcement As discussed above, if a school determines that sexual harassment that creates a hostile environment has occurred, it must take immediate action to eliminate the hostile environment, prevent its recurrence, and address its effects. in add?ition?to counseling or taking disciplinary action against the. harasser, effective corrective action may require remedies for the complainant, as well as changes to the school?s overall services or policies. Examples of these actions are discussed in greater deta?mbelow. Title IX requires a school to take steps to protect the complainant as necessary, including taking inseam-steps, before the final outcome of the investigation. The school should undertake these steps once it has notice of a sexual harassment or violence allegation. The school should notify the complainant of his or her options to avoid contact with the alleged perpetrator and allow students to change academic or living situations as appropriate. For instance, the school may prohibit the alleged perpetrator from having any contact with the complainant pending the results of the school?s inveStigation. When taking steps to separate the complainant and alleged perpetrator, a school should minimize the burden on the 4? The Department?s Higher Education Center for Alcohol, Drug Abuse, and Violence Prevention (HEC) helps campuses and communities address problems of alcohol, other drugs, and violence by identifying effective strategies and programs based upon the best prevention science. Information on HEC resources and technical assistance can be found at Page 16 Dear Colleague Letter: Sexual Violence complainant, and thus should not, as a matter of course, remove complainants from classes or housing while allowing alleged perpetrators to remain. In addition, schools should ensure that complainants are aware of their Title IX rights and any available resources, such as counseling, health, and mental health services, and their right to file a complaint with local law enforcement.? Schools should be aware that complaints of sexual harassment or violence may be followed by retaliation by the alleged perpetrator or his or her associates. For instance, friends of the alleged perpetrator may subject the complainant to name-calling and taunting. As part of their Title IX obligations, schools must have policies and procedures in place to protect against retaliatory harassment. At a minimum, schools must ensure that complainants and their parents, if appropriate, know how to report any subsequent problems, and should follow-up with complainants to determine whether any retaliation or new incidents of harassment have occurred. When OCR finds that a school has not taken prompt and effective steps to respond to sexual harassment or violence, OCR will seek appropriate remedies for both the complainant and the broader student population. When conducting Title IX enforcement activities, OCR seeks to obtain voluntary compliance from recipients. When a recipient does not come into compliance voluntarily, OCR may initiate proceedings to withdraw Federal funding by the Department or refer the case to the US Department of Justice for litigation. Schools should proactively consider the following remedies when determining how to respond to sexual harassment or violence. These are the same types of remedies that OCR would seek in its cases. Depending on the specific nature of the problem, remedies for the complainant might include, but are not limited to?? 0 providing an escort to ensure that the complainant can move safely between classes and activities; 0 ensuring that the complainant and alleged perpetrator do not attend the same classes; 0 moving the complainant or alleged perpetrator to a different residence hall or, in the case of an elementary or secondary school student, to another school within the district; 0 providing counseling services; 0 providing medical services; 0 providing academic support services, such as tutoring; ?1 The Clery Act requires postsecondary institutions to develop and distribute a statement of policy that informs students of their options to notify proper law enforcement authorities, including campus and local police, and the option to be assisted by campus personnel in notifying such authorities. The policy also must notify students of existing counseling, mental health, or other student services for victims of sexual assault, both on campus and in the community. 20 U.S.C. ?2 Some of these remedies also can be used as interim measures before the school?s investigation is complete. Page 17 Dear Colleague Letter: Sexual Violence 0 arranging for the complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant?s academic record; and reviewing any disciplinary actions taken against the complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the complainant being disciplined.43 Remedies for the broader student population might include, but are not limited to: Counseling and Training 0 offering counseling, health, mental health, or other holistic and comprehensive victim services to all students affected by sexual harassment or sexual violence, and notifying students of campus and community counseling, health, mental health, and other student services; 0 designating an individual from the school?s counseling center to be ?on call" to assist victims of sexual harassment or violence whenever needed; 0 training the Title IX coordinator and any other employees who are involved in processing, investigating, or resolving complaints of sexual harassment or sexual violence, including providing training on: the school?s Title IX responsibilities to address allegations of sexual harassment or violence 0 how to conduct Title IX investigations 0 information on the link between alcohol and drug abuse and sexual harassment or violence and best practices to address that link; 0 training all school law enforcement unit personnel on the school?s Title IX responsibilities and handling of sexual harassment or violence complaints; 0 training all employees who interact with students regularly on recognizing and appropriately addressing allegations of sexual harassment or violence under Title and informing students of their options to notify proper law enforcement authorities, including school and local police, and the option to be assisted by school employees in notifying those authorities. Development of Materials and Implementation of Policies and Procedures 0 developing materials on sexual harassment and violence, which should be distributed to students during orientation and upon receipt of complaints, as well as widely posted throughout school buildings and residence halls, and which should include: 0 what constitutes sexual harassment or violence what to do if a student has been the victim of sexual harassment or violence contact information for counseling and victim services on and off school grounds how to file a complaint with the school how to contact the school?s Title IX coordinator 43 For example, if the complainant was disciplined for skipping a class in which the harasser was enrolled, the school should review the incident to determine if the complainant skipped the class to avoid contact with the harasser. Page 18 Dear Colleague Letter: Sexual Violence 0 what the school will do to re5pond to allegations of sexual harassment or violence, including the interim measures that can be taken requiring the Title iX coordinator to communicate regularly with the school?s law enforcement unit investigating cases and to provide information to law enforcement unit personnel regarding Title IX requirements;44 requiring the Title IX coordinator to review all evidence in a sexual harassment or sexual violence case brought before the school?s disciplinary committee to determine whether the complainant is entitled to a remedy under Title that was not available through the disciplinary committee;45 requiring the school to create a committee of students and school officials to identify strategies for ensuring that students: 0 know the school?s prohibition against sex discrimination, including sexual harassment and violence 0 recognize sex discrimination, sexual harassment, and sexual violence when they occur 0 understand how and to whom to report any incidents 0 know the connection between alcohol and drug abuse and sexual harassment or violence 0 feel comfortable that school officials will respond and equitably to reports of sexual harassment or violence; issuing new policy statements or other steps that clearly communicate that the school does not tolerate sexual harassment and violence and will respond to any incidents and to any student who reports such incidents; and revising grievance procedures used to handle sexual harassment and violence complaints to ensure that they are prompt and equitable, as required by Title IX. School in vestigotions and Reports to OCR conducting periodic assessments of student activities to ensure that the practices and behavior of students do not violate the school's policies against sexual harassment and violence; investigating whether any other students also may have been subjected to sexual harassment or violence; investigating whether school employees with knowledge of allegations of sexual harassment or violence failed to carry out their duties in responding to those allegations; conducting, in conjunction with student leaders, 3 school or campus ?climate check? to assess the effectiveness of efforts'to ensure that the school is free from sexual harassment and violence, and using the resulting information to inform future proactive steps that will be taken by the school; and ?4 Any personally identifiable information from a student?s education record that the Title ix coordinator provides to the school's law enforcement unit is subject to FERPA's nondisclosure requirements. ?5 F0r example, the disciplinary committee may lack the power to implement changes to the complainant?s class schedule or living situation so that he or she does not come in contact with the alleged perpetrator. Page 19 Dear Colleague Letter: Sexual Violence 0 submitting to OCR copies of all grievances filed by students alleging sexual harassment or violence, and providing OCR, with documentation related to the investigation of each complaint, such as witness interviews, investigator notes, evidence submitted by the parties, investigative reports and summaries, any final disposition letters, disciplinary records, and documentation regarding any appeals. Conclusion The Department is committed to ensuring that all students feel safe and have the opportunity to benefit fully from their schools' education programs and activities. As part of this commitment, OCR provides technical assistance to assist recipients in achieving voluntary compliance with Title IX. If you need additional information about Title IX, have questions regarding policies, or seek technical assistance, please contact the OCR enforcement office that serves your state or territory. The list of offices is available at Additional information about addressing sexual violence, including victim resources and information for schools, is available from the US. Department ofJustice?s Office on Violence Against Women (OVW) at Thank you for your prompt attention to this matter. I look forward to continuing our work together to ensure that all students have an equal opportunity to learn in a safe and respectful school climate. Sincerely, Ali Assistant Secretary for Civil Rights ?6 OVW also administers the Grants to Reduce Domestic Violence, Dating Violence, Sexual Assault, and Stalking on Campus Program. This Federal funding is designed to encourage institutions of higher education to adopt comprehensive, coordinated responses to domestic violence, dating violence, sexual assault, and stalking. Under this competitive grant program, campuses, in partnership with community-based nonprofit victim advocacy organizations and local criminal justice or civil legal agencies, must adopt protocols and policies to treat these crimes as serious offenses and develop victim service programs and campus policies that ensure victim safety, offender accountability, and the prevention of such crimes. OVW recently released the first solicitation for the Services, Training, Education, and Policies to Reduce Domestic Violence, Dating Violence, Sexual Assault and Stalking in Secondary Schools Grant Program. This innovative grant program will support a broad range of activities, including training for school administrators, faculty, and staff; development of policies and procedures for responding to these crimes; holistic and appropriate victim services; development of effective prevention strategies; and collaborations with mentoring organizations to support middle and high school student victims. .212011)' lo' cal; mm; Gene PunoADelem 7m Yennerlr. Ma cc: momldl Tom mu: s/zl/zou 331 sumac: Addiumat i Mad-mm: Hl Kella, Below is the response on Ms, Nunberg's requsls and dommellB are stunned. Heme let me know lfmue ls anything in my me: that are illeglble and need dlificaucn. 1) 72pm sum/wens, 3. o. Band/2 mm; Sued/Fall, please Mm wnememe Mice/mm mirsa, mum: me warm MIme fur MMHE, mm 750! may: mt: wlly. c. As per MB Attached are my mm from speaking to ming the incldent I alsa anathed the latter and fullaw-up email! sent requesting that she came mu 725va to Either requests. As per 1c, 1 have attached my mates in my meeting wim- mom, was, notesarany am: domnlahm warmly: a. (weal-72M: WM. Please mummy>> mum/am mamas,- Ifme tawny. a oymm mommaw atme llme of five per 23, mauled are my new 3) Hm wasme {0901mm Please have my Ma DeLea/l, submits mm emanation respect in me mueme maid/lave rum, 173m mm: diam arm/mun If the acwsea had been low: in laean sexual assault polky, 01' sanctions would have been applicahie. Truss cauld include 3%bn or expulsion from me univeqSi pport far (we accuser wnuld be based on a case by case basis dtpendl 5' Examples could include prevunlng accused from registering 1m any classes the accuser 15 4} Miss/7413mm manyiqoom, < information for ?ma?a Ms. Gene Puma-De Leon Director Student Rights and Responsibilities 79 Fifth Avenue, 5th Fioor NY, NY 10003 (212) 229-5349, ext. 3653 .4 gm 1 KeuaTennem- m. 47. 0:7 "mum 0mm: 23. 2099 Shay sz Res dmoe Hall 315 an: 15'" sue-x. Yurk' NY 10003 My ofiiw is mdy revng an ind-1m: upon by min; sufi'u me my Park Residem Ha" Based on the inrmman "1anme izhns mm (a my mum m; nuy hive infmar'xm mm mad benupful my mm mm mm. 1 would mssibl: to 41mm mix mam. Plus: comm my omen by no late Khan mm Manny, 0mm 16,1fl09m an swam-amt: dlrmiy 3(112) 2296349. min!) 3653 Dr via schmule .n upmm'm mm hm from ya". Simy. 4/ gm cm mme Rig18 mm '9722/2011 KeHa Tennent - Hesse an Sludenl and Reseonelm" Tune; 4 Gen: am Deleon nun: was/Imus Sum Pleas: all student am Rwuzrs Dea-- I wile to <>: my Mme as soon as possible make an appulnhnem magnum me. You may call my om: directly at (211) 229-5349, mansion 3553 or respnm in ms e--mail win: your avalamly to meet me thiswtelulnd a number azwmn I can contact you' I em tn hear imm you. 5914 Ms. Gene FunerDelzon mm M5. sane PuwDe Lauri all-mar 5mm 79 Hm: mm, 5m rm m, now: (212) 219--5349 at 3653 y'w/zziz'ongxeilaunnam; 77 1396'>> NOTES (UHQKIQ Am mm, Mam--Wm, mm, 7 He and-mm 1n hb sung when mum [hey war: arimng mm! m, De wk about sex Mara mm .m Dialed _has an: mared his mum hem skim Wiievp over fl" m' be did In! Slop 5m(R)h vmiemzy sax - WM: mum-unsaniw o1mnls._ shared 'some happeradm some dogvae' rutw'ng gem: ad'M'beheved <> [mm am was dawn on weave me sum He helped he! om her boxes luv stumping sh: (hen meant: In sky. 7 slam man he was ml Imng to sedum 01 Inna her, no! in maps lam; Mme-< - Cam 'acall whommevplay In: an - stated me: he did sense mum on her pan Hmvel._ new man -am not raise hymn: mum. Walsh: and ml yew 3mm She sand summing mare abng |htl Ines d'dwuld we wit? muse she was'm iuba th Her beyMend" _aa19d mu push M1 away. 7 Thede have sex 'Iora alum, - emu-aid rm say Ma and yuuda mm- warm>>: morning aflerlflemddarll 5m 'dld mlemw mm mm Miamd - - He did fame her hand mum - Shem psrfarm ural sex an Probably Ame that he pm herhand on his penis seminary puummom on - 'me ue' (hat she asked 'Whl' are you doirg?' Dumas cu! 01 Hannah] ml om damn Daesnoi rem" he 531d 'lfim Wanna safe.' - 'Hnw sue' chm-an ml say anything along ma Ines of re! wauling In have sex Mm 'Some MIN: scams "(1!th uv posxhle A an have sex He was 'a me Derwum' - sum were mic-'13th Nolwwsad during Manama, - Does "m (mu :aymg like 'lknuw' lam m4 barn sale. ma cave mm,- 7 ma nm 991 pm -nn say 13m om- not having sex w'nn wu.' Did no! reipom 'We're ML cam dwwn' bean she rm 'gn aulm' . Amding m--du mm, anything abng um \lnss 0"ge1mfl'm 'fiao INS - She an "at push am: an: rm say 'Game in o_wal al'agufly on 1090! mm [he whim "my 'wmkad [Mmum midway." New Hal Vows hm unhp 0! mm. - _sataa um Na not fume-lo do anwimz. _did ml say'l nan! heheva you an thal'me Ialbwm momm - ms happened 2m 57 mm ago, - -said sumalmr'g dmelem (M (mwa naming. on say 'I'm sany. I'm pteny vaswe I'm dmnk,' - has allegadiy med U81 mm am and has alegsw siifl him miss you I'm I wing your m' below and Efler mas m'dam NOTES Si i Park Rislfinl,- 10/19/09 1 '1 5pm Also present. Sludem--oummate. forsupmn, - He and lvere in his suite. Cannot recall whose room they were drinking aicohol in. - Dic' talk aboui sex belafe with-has kissed--has aiso entered his room before "realiy intoxicated" and asking to sieep oven 7 on and ham wele intoxicated -$id not say "stop' or 'Genhe tuck elf to him while they were intimate/having sex - While of events--stated "some of it happened to same degree" referring |n ine sexual activity. He went on to say lhat he believed it would have happened (they would have been iniimate) even if the was ndi imdxiceled - -had been emotional due in her breakup with hoyiriend, She allegedly withdrew hum class and was planning to ieave the school. He helped her pack her boxes fur shipping She [hell decided 10 stay. - _stated than he was not trying to seduce orloree her. not an sci olrepe orieking advantage oi her. --edrnits that he and- had sex. butlhal-was 'pretty willing." -- --szated ihel he did not get-drunk, that he did not iorce and that he did not force hereny pills, - He said rher he never said that he loved her. . He did say Io her lhat she was "beaumul end smarts" On that evening. he end-sat down talk. -end enelher student-Ian the room He does not recall asking {hem 10 leave' - _dispmes--01alm that she was highly intoxicated that she could not walk, - They had been drinking aicoiloi together - She could walk and speak clearly, - They Were on his bed cuddling end spooning. -- They starled kissing each other and feeiing each olher up, inlimale and into me situation They also held each ether. - They slarted removing Civihes He is not sure who inflated -- "mayte her. maybe him" . Can't recall whole interplay of me event - slaled Ihal he did sense hesitaliun on her pan. However,--sisled that -did not laise her voloe at him, rhal she did nol yell al him. She said something more along lhe lines vi 'should we wait?" because she Wis "in limbo her boyfriend." --stsled tha1 -dld nol push him away. 7 They did have sex 'for a brief amounl of (me. _slaled ma-did not say 'What lhe luck old you do that?" lo lollavnnu afler me incldem, She "did not express mat profound," -- He did nol ioroe her head down -- She did not perion'rl oral sex on him. Probably Irue that he put her hand on Ms penls. -- Dermllely oul a condom on. - 'Preny sure" lhai she asked "What are you doing?" but was oul cl curbsity nul out of alarm. - Does nol recall if he said jusl wam k) be sale.- -- 'F'retly sure" mar-old nol say anything along lhe lines of nol wanhho lo have sex wilh him 'Soms Mthis seems not credible or possible." - Did have sex. He was "a little persuasive." - Both were inloxicated. Noiepposed during inlareourse. . Does nausea: saying anything like know. I am pm being sale. I'll lake care olyou." - Did nol get pushed -dld nol say "Gel oul,- 'm nol hav'ng sex wilh you." Did not respond 'Ws'ra nm Calm down" because she never said "get oul. - According iu --dld nol say along me lines our or "ship this." - She did noi push him and did nol say 'Gel lhe funk elf--was allegedly on top or him the whole time. They "worked themselves that way He not farce her on top of him. - _siaied than he did nol fame -la do anyihlng. 7 -did noisey can't believe you did lhal" the following mommy . This happened about 57 weeks ago. -- -sald somerhing dillerenl llre following momlng. oul he did say "I'm sorry. E'm prelly persuasive when I'm drunk: _has allegedly tried lo gelhvn alnne and has allegedly saio lo him miss you. I'm craving your kisses' oerore and aim this incioem. mgog'mem of From: Gene Pum>>DeLean Yo: lliceto, Thomas; Slkorski, Timothy CC: Cucmru, Kale; MEDflnald, Tum Date: 3/1/2011 ":07 AM Names for PNS Hi Turn and Tim, Some of the names, you both know abmt already, but here's more info. The studerms/lndividuals Should be on the PNG list For the buildings: --from ALL Residence Halls. His housmg was tarminaled yesterday due a numerous vm arms. He was previously ln Stuy then moved to 20th. He still has In the dorms, but he must mntart me to get access. His father left me a message yesterday sayrng that- saw his me poster at 20th street PNG from ALL Residence halls exceptzoth 51 when he currele res es. He as a mmplamt pending against him. HIS complainant reported seeing him at the 12th Street Cafemrla recently, bur did not specify when. PNG [mm Sluy Park only. H35 slnae moved to Loeb Hall. Allegedly stalkan his neighbor a: swy Park. nonfiudenl, from ALL and res halls: of a student wha lhreataled to er. non-- student, PNG from ALL buildings and res halls. 5m: ol 3 studentwl'lo said he was gluing 0: enter dorms to find her. DSCribEd as hill, having a Polish ament and brown halr. have anymore names or need to change starui of any nr me above, I'll let you knuw As always, call if either of you have arty questinns. Thanks Gene Ms. Gene Puma-De Leon Director Student and Responsibilities 79 Fifth Avenue, Floor NY, NY 10003 (212) 229-5349 ext 3653 Scott. Ronald From: Kaila Tennent [Tennean@newschool edu] Sent: Wednesday, July 13, 2011 1018 AM To: Nunherg, Miriam Cc: Scott Ronald Subject Re OCR Case Nc/02>>1172094 Dear Ms. Nunberg: Thank you for your email. 1 will send the availability at the witnesses hopetully by tomorrow, at the latest, Please note, however that two of the persons you highlighted are no longer with the University with regard to the specific facts supporting the underlying complaint, yes, please consider the university's request as pursuant to the Freedom cf Information Act and we take no issue with the redaction. Sincerely, Keila TennenthetntEau "Nunbel'g, Miriam" 7/12/2611 5:54 PM Dear' MS, Tennent, As you may recall, I, along with my colleague Ronald Scott (cc'd above) am handling the abovecre-{Erenced case. we have reviewed the data you provided and would like to schedule interviews of University staff. we would like to begin with the individuals listed below in the primary list. The second list consists of people who we might interview if we determine it is necessary. Given the time of year, it would be helpful if you could ohtain the availability of everyone listed over the next two weeks (the weeks of July 18 and 25) This way we can make sure do the best to accommodate peoples' schedules, Primary list of interviewees: 1. Gene Puno-De Leon, Director of Rights Responsibilities; 2. from McDonald,- Assistant vice president, student and Campus litea 3' \Linda neimer; Senjnr Vice president For student Services, 4. Robert Residence Life; and 5. James Noble, ioeh Hall Director (the person responsible For handling reports about missing mail/copied on emails from Lutomski). Other Possible Interviewees: 6. Tracy Robbin, Vice President for Student Health and Support; 7. Thomas Ilicito, Director of security; and 8t Rozalie Siler', Director, Student Support and Crisis Management Some possible times for us are: Week of July 18 Monday, July 18 - all day Tuesday, July 19 - between 4:00 and 6:96 pm Week of July 25 Monday, July 25 - all day Tuesday, July 26 afternoon Wednesday, July 27 -afternoon Thursday July 28th all day We have also attached our Notice of Witness Rights that we would ask you to share with all the possible witnesses. If you have any questions regarding the information it contains, Ronald or I would be happy to review it with you. In addition, we noted that in your prior correspondence you request the specific facts supporting the complainant's allegation. If you are making a request pursuant to the Freedom of Information Act, please so specify and indicate whether you agree to redaction in our response. If you have any questions, please do not hesitate to contact me at the contact information below, or Ronald at (646) 428-3820, or at ronald.scott@ed.gov. Thank you, Miriam A. Nunberg Staff Attorney US Department of Education Office for Civil Rights 32 Old Slip, 26th floor New York, NY 10665 646-428-3836 (voice) 646-428-3843 (fax) miriam.nunberg@ed.gov {ta/$011; Gene PunarDeLeun 7 RJ smoem name From: Gene PunoDeLmn To: "item, Thomas Dike: 3/15/2011 11:55 AM Subject: Re; Student name Descrivtlon: 5'7" - 5'8" In New", husky build' black hair almOSt touching shoulders, dark W5, send a pm 1 am abfetoget one. Thanks fol your help Tom. Gene Paw-De Leon Director Student Right and Raponsibilm 79 Fm Avenue, 5m Floor NY, NY 10003 (212' 22 5349, ext. 3553 1'th "Item 3/15/2011 11:48 AM Gene, Can you send me a ascription and DOE I wank In update the PNG we have and reissue, Torn Thumas Iliceto Director of Secuvity The New School 55 WS 13th St Mezzanine New York. New Yovk 10011 212-229-5101 4275 il 71 1. Gene PunuADeLem 3'15 2011 10:03 AM Thanks Tum' Gene Punche Leon Student Righls and Responsibilltles 79 Avenue, 511. Floor NY. NY 1W3 (212) 229-5349, ext. 3653 Page RECORD OF TACT T0: Filc mo and Ronald Scori. Compliance Teani Anonieys RE: -Ihc Complainant) v. The New School (024 DATE: April 26. ZOII OCR (he Complainanl in person in offices al 32 Old Slip nn |hc aboverreierenced date, We informed her of her righis lu in be free from retaliation and [0 have hL-r idcnrity pi-oiecicd undcr she eiecicd io proceed William nir purpuscs 0fth inieniicn Wc also informed her ui~ processcs and advised her that we could nui serve as her rcpresenlalivc for purposes oi'ihis or any oilier proceeding. in addnion. inquired as lo nheiher her panicipaiion in ihe OCR complaini pmecss precluded her from "going puhlic hci easc. in the press or anywhere else. We laid her Ihal ll did but lhzil if she inlended in file in any other forum we would need [0 know SliL> illdicaied llial she (lid nol intend is file anywhere The also aboin ubiainillg for inc cast or her dorni due in his l'nci ihai she lived in a donn ihai slic con dered in be iinsaic a period 01' um afier she repnned her allegation or scsiiril a, aull. We ihai in ihe evcni one or more or her allcg ions were opened for and a viillalion. remedies vary on a casehycasc basis and arc considered in collaboraiion several omcc including ihc casc ream and our supervisor. The ('oniplninani indicaicd ihai she nndersiood rhis inrorinaiion. We also asked her ifshe rcli coinrorrablc speaking wilh a male aiiorncy and she said she did The Following is a siiminao or our conversation ivnh queslmm in bold and llic answers hclovi. Please describe ihc general circumstances ntxhe assnuil Ihnl you in your tomplaim. 'l'hc assaiih look place in rlic Complainant's dilrmitnr) room on lh hl drianu 30 2m i. has perperraicd by a who lived across hall from her named ll 'l'hc assault was nm a rape, There were no but me Complai ni has whai she describes as very messages seal in her by snidcni ilie morning alier, in ihcsc she refund '0 solnelhing happening ihi: nighl before and the (an that she said no in ii. and he didn'l slop Specifically she recalled messages in which she inld him "When I say um i mean not and uhich he responded i guess l'm Ion ror you or similar words to ilini pm The Complamam helievcd tllai ni were since he did noi deny whai had happened when he ivmic back She said ihal rims are I4 lexi messages, which she gave to ihc School when she reported When did you ihc incidcnl? The morning aner happened. she Io look up lhe School's sewal puliCV on School's websilc (mun - vs" hill edll) and [here vl' none. She told her friend 2) about ilr and Smdent 2 said lhal Sindeni i did [he illillg [0 her in .010 but siopped after pin him in a l'hc Complainam slaied ihai Sludcnl 2's esperiencc harassment." bul Sludcln 2 was afraid ill Inlurc Siudenl l's conduct could escalalc lhen ills- Complainanl round fiorn campus women's righis group ilmi ihc smual policy cannot he found direclly on me wobsiic cdugangle and search {in lhal wa). Then she spoke ii wiih her rigllis professor. who Ioid her in report ii [0 Gene Piino De Leon. Page 2 of 8 Complainant Interview Statement OCR Case No. 02-1 l-2094 April 26. 20] Director for Student Rights and Responsibilities at the University (the Director). So on the Thursday a?er Valentine?s Day l) the Complainant reported it to the Director. What happened when you reported it? The Complainant stated that once she reported it, staff from the Director?s of?ce told her to tell the story so many times that it ended up traumatizing her. In particular, she told it to the crisis counselor there Maureen Sarandon - who made her tell it twice and they read it back to her twice, which was very traumatizing. The Complainant stated that the statement that they took is an accurate representation of the events, so she didn?t want to have to repeat the story again to us - it was too hard for her. She indicated that the statement preparation took longer than one?half hour. The Complainant also gave the Director the text messages (via email). and said that these messages made it clear that something non-consensual happened the night before the messages were sent. Afterwards the Director asked her if she was afraid for her safety. and she said she was. They offered to move her out of her dormitory and she accepted. She said that she was going to ask to be moved had they not offered. They also told her that they would move Student I to another dorm, so she didn?t want to stay in her dorm while he was moving out. She asked them not to tell Student lthat he was moving out until she moved out since she didn?t want to encounter him in the elevator. In order to move her quickly. the University gave her a temporary place to live, and very little time to pack. She had to leave most of her belongings at her original dorm room, since she had to wait until Student I moved out to get it all. The Complainant moved out the night of the Thursday that she reported it, then went back Saturday to get bedding and clothing for a week. She kept the rest of her stuff there until they moved her into permanent housing at the end of the week. The school offered to pay for a cab to help her move. but she didn?t want to take a cab, so they gave her a rolling bin that she could use to transport her things between the 2 dorms. Were you satis?ed with this response? The Complainant stated that the problem with the response was that they just focused on her physical safety but not on the emotional side of her experience. For example, the Director told her that the next day after she reported it. she would get a call from the School?s Director of Housing to arrange for her to move into a permanent dorm, but he did not call. so she had to call and go speak to him in his office. He told her that she could stay in temporary housing for a week or move to a regular dorm for a few days. She opted to stay in temporary housing for one week. She had to wait for a permanent space (in the same building) until it was renovated at the end of the week. The reason that she had to wait for the space to be renovated was because she wanted to stay with her roommate, so they had to wait for a place where both could stay. The Complainant indicated that she was being "?nicky" about wanting to stay with her roommate but she was also looking out for her emotional well-being. The Complainant also said that she told them that if she couldn?t be with her roommate. she wanted a single for the price of a double and they refused. Were there any other problems with their response? The Complainant said that the School also did not offer to send a letter to her professors saying that she was experiencing a crisis, although they did once she asked approximately a week later. All of her professors were nice about it. except one professor who. after she told him that she would need to wait for a phone call in class from the Vice President about her living situation, "called her out" about checking her phone in class. Speci?cally. he stated don?t think you?re going to ?nd out about your housing situation on ?l'witter.? or similar words to that effect. Page 3 of 8 Complainant Interview Statement OCR Case No. 02-1 1-2094 April 26, 2011 The Complainant?s biggest concern was that once she moved to the new space, the School didn?t tell the security guards that Student 2 was banned from her new dorm. The Director of Housing was the one who was responsible for this. Another problem that the Complainant cited was that her friend who was also sexually harassed by Student 2 reported it the same day as she did, but when she mentioned it to Linda Reimer, the Vice President for Student Services (the VP), the VP said she didn?t see it as its own case that needed investigation. What happened to Student 2 was exactly the same as what happened to her, except Student 2 was able to stop it because she put him in a chokehold. She also gave her the 14 text messages The Complainant then said that when it happened, she kept pushing him away and saying no, but he kept going. He?s a big guy and he pulled down her shirt and was ?kissing her boob.? However, even after she told the VP these details, the VP she said that she hadn?t provided enough information. The VP told her that there was no right to appeal the decision since the other student wasn?t found guilty. If he had been found guilty he could appeal, but she couldn?t. The Complainant met with the VP to discuss her case on April which was after the investigation had concluded and Student 1 was found not guilty. The Complainant thought the purpose of the meeting with the VP was to start the appeal process. Student 1 waived his right to a hearing, so the decision that he was not guilty was made solely by Thomas McDonald, an Assistant Vice President for Student and Campus Life (Assistant VP). The Complainant did not know how the process worked, since it is very secret and they didn?t tell her what information they looked at. She knows that they had her statement, Student 2?s statement and the text messages. Following the decision she had a meeting with the Assistant VP to discuss her case on or around March 11, 201 1. She described the meeting as ?bizarre.? However, she is a little confused about what happened at the meeting since she had been in the Emergency Room fora week right before she met with him and she hadn?t eaten anything the whole week, so she was very light headed during the meeting. The Assistant VP asked her to tel-l him about the incident, but she said that she didn?t feel well enough to do so because she had been in the hospital. She told him to ask her any speci?c questions he had and he didn?t. She was not sure if this meeting was part of the fact ?nding or not. He didn?t ask her any questions, even when she told him that she had not had food in a week and couldn?t formulate a thought. She stressed that her memory of the meeting was not very clear since she wasn?t feeling well at the time. She added that the hospital never found out what was wrong with her, but thought that it might have been a ruptured ovarian which is caused by stress. The Complainant provided us with a letter dated March 28, 2011-, which references the meeting that occurred on March 1 l, 2011. The Complainant stated that before receiving the March 28m letter, she had to email continuously administrators to inquire about the status of her complaint. Did they ever offer you counseling? Yes. She rejected it at first, but then she couldn?t concentrate and went to the counseling center. They took her right away (within 10 minutes), but then the counselor told her that he needed to be somewhere in 20 minutes (even though she was really upset). He asked ?How much longer do you think you?re going to be,? or something to that effect. This counselor made an appointment for her for the next week. When she got there, she was told she had a different counselor, named Wanda {Counselor 2), who she saw for about a month. However, over the same month she stopped getting her mail, so she complained about it to Rob Letonsky, the Director of Housing. Then the Director of Housing forwarded all the emails she had sent him about the mail to Counselor 2; when the counselor discussed them with her, the Complainant felt that the counselor was implying that she was mentally ill,. As a result, she stopped going to counseling, since she doesn?t trust Counselor 2 anymore. She cannot access the emails anymore since there?s a low storage limit on the University server, but she believes Wanda at the counseling center has them. Page 4 of8 Complainant Interview Statement OCR Case No. 02-1 [-2094 April 26, 201 i What happened next? When the Director of Housing wasn?t making any progress ?xing the mail situation, she called the Postal Inspector. Then a month?s worth of mail showed up in her mailbox. Since then she has mostly been getting it, but it happened again recently when they lost her birth control pills for which she had already paid $40.00. She then emailed the Director of Housing to tell him, and he said to write the director of her building about it, but this person didn?t deal with it. As a result, she is going to go off birth control in a week since she can?t get her pills. Did you have any further contact with the student who assaulted you? No. He is banned from all other dorms but the one he lives in. However, he was not banned from her building for a month since the security guards in the building were never informed that he was banned. The Complainant said that when she went to the Director, on around March 29, 201 1, about the fact that Student was not banned from her dorm, the Director stood up and told her to leave her office while the complainant was mid-sentence. The Complainant also told the Director that she didn?t want to go to the cafeteria since she thought he would be there, but they refused to reimburse the money left on her meal plan. The Director said that he was banned from the cafeteria until the end of the school year, so she didn?t need to do this. However, when the Complainant said she didn?t believe that he was banned, since it?s the only cafeteria that Student lcould go to, the Director refused to give her the refund. The Complainant explained that she had no evidence that he is not banned, she just did not believe that he was. As a result, the complainant still has to go to the cafeteria. The Complainant mentioned that each dorm has a kitchen, and Student 1 is supposed to eat in his. When asked how long the ban was supposed to last, the Complainant stated that he is banned for the remainder of the 2010-2011 academic year, and she was told the School would revisit the issue next school year. Please explain how you knew that Student I was not banned from your new dorm. There?s a big binder of names of people who are banned from the dorms that sits on the desk of the security guard in the entrance to it. She said the list goes as far back as 10 years. There is also a list of 10 names of immediate threats. Next to the binder is a sign-in list. She looked at the list of the immediate threats for her new dorm, and the security guard looked through the binder, but his name was not there. The security guard surmised that perhaps Student 1 was a ?low risk.? She told this to the Director of Housing right away (this was on March 15th). She said that there were two security guards who told her that Student 1 ?3 name was not on list: one works there weekday afternoons from 5 1 pm, and the other works the 1 pm to 5 am shift. Did Student I ever try to come to your dorm? He never tried to come to her dorm as far as she knew, but she was always worried about it since she has a distinctive bike that she keeps locked in front of the dorm, so it would be very easy to ?gure out where she lives. The Complainant said that she saw him a few times before she reported it and he wouldn?t talk to her. Specifically, she said that about a week after the incident she saw him in passing not far from her dorm; she saw him in the cafeteria where they were eating in proximity to each othercrowded elevator, She initially felt like it was ?a hookup gone wrong? since he didn?t actually rape her and she couldn?t ?nd the sexual assault policy on the website. She thinks the policy includes harassment and assault combined. The Complainant also said that all the students who get accused of sexual assault or harassment are assigned to live in the same dormitory. She thought this was really ?crazy? since this is a coed dorm. She knew of another ?sexual predator? who was moved there. Also, an RA who lives there said there were page 5 one Complainant Interview Statement OCR Case No. 02-l [-2094 April 26. zoi others who had been moved there. The dorm is called the 20'" Street Dorm. The University doesn't identify the "sexual predzlurs'" dorm moms. The coltiplainant believes the women living in that dorm am in an unsafe environment Are you making this complaint as part or your investigation on Student 2's behalf? She is not necessarily doing it on her behalf, but Will tell her to come to its lfshe wants u! make a separate please explain the mail issue you reference in your complaint. The Complainant explained that she moved into a temporary dorm for a week and then to the permanent dorm at the and arms week. Since she is front--she gets a 101 of mail, but while she was at the temporary location, she did not get any mail. When she moved out of her original dorm. she filled out a forwarding address for-m throttgh the post office, She understood that it would take two weeks to receive her mail. She also spoke to the Director of Housing and told him that she really wanted to make sure she got her mail. Following this, there were two weeks where she didn't get any mail. so she wrote him again and told him that she wasn't getting any mail, The only response he gave was that lte was confused about why she was not receiving her mail, but didn't try to solve it, She said lhal afler a few more days ofnoi getting anything, she told him that she would call the Postal Inspector. Again, she did not get a response aficr she said she would call about it by a specific time that day (3m; at 3 pm). so she wrote him and said she would contact the Postal inspector. The Director of Housing then wrote her back very upset about her email, which he forwarded to her therapist. The Complainant said that shortly after that she received a "frantic email" From the Director of Housing saying what he had done to fix the problem. She stawtl that she a month's worth of mail appeared in her mailbox in the afternoon that day. Evet then since she has gotten her mail for the most pan. except for some letters and the birth control package. However, she did not get magazines for a period orahout one month and thought they were getting lost. she stated that later learned that her magazines stopped coming to her after her mailbox became tall. The Complainant added that except for the mail issue, she did not have any problems with the Director of Housing; she said that he was nioe to her, and even helped her fill out several forms when she moved He told her that she could expect to Start getting mail at the temporary location starting in 3/1 1. He knew how important her mail was to her, since she told him this when she went to speak to him about moving. She began to realize that she wasn't getting mail after she had been gone from the first dorm for about two weeks and hadn't gotten anything. She added that a piece of her mail was sem lo Healm Services for some reason; she was told it wasjunk mail, but it turned out to be about mammograms. She asked them to send it to her and they still haven't. She also didn't get Netflix DVDs and a new credit card that she had ordeled. She stated that she moved into permanent dorm on 2/25 She does not know if they are intentionally taking her mail, but she feels that their failure to help her to resolve the issue expeditiously and completely is retaliatory. What (in you think the mail issue was relaliatimt for? The Complainant explained that she thought the School withheld her mail in retaliation for telling them they had to handle her complaint properly and not string her along. There was another case at the School where 3 girls reported being raped by someone and they didn't finish the investigation till the and of the semester. Since she had heard about that through the feminist collective, she kept on top of them to make sure they did things in a more timely manner. Has the mail issue been resolved at this point? The Complainant stated that she still cannot get her mail in a normal. consistent way. She said that she was told that she could get refunded for the birth control pills that were lost, but she still has not heard Page 6 of 8 Complainant interview Statement OCR Case No. 02-] 1-2094 April 26, 20] 1 back about that. Got the mail the day she ?led with the postal inspector she told the Director of Housing that day. Do you know if other people in your dorm have had problems with their mail? The Complainant thought that there are a lot of people in her building who have problems getting mail; these are not necessarily people who have ?led complaints. She also thought that since they were mostly local students, many of them just get their mail delivered to their parents? house. The Complainant said that she can?t do that since she is from Cleveland. What makes you think that your problems with the mail were related to the complaints you made? The Complainant said that one reason was that when she emailed the Director of Housing at the same time she complained to the Postal Inspector, she then got a month?s worth of mail immediately. She speci?ed that in her eyes, the retaliation is that no one has helped her ?nd her mail until she complained to the Postal Inspector. Also, it took two weeks for a paycheck to get to her. At another point, she told them the magazines that were missing and they said they?d do it right away but took a month. Another thing that makes her feel like they are retaliating against her is that approximately two weeks ago, she saw James Noble, the director of her building, right near her building. However, rather than cross the street with her, he told the person he was with to cross a block away (which made it seem like he was avoiding her). He also never Wrote back to her when she wrote to ask how she could get reimbursed for the birth control that was lost in the mail. The Complainant said that she last wrote him about 2 weeks ago and he never wrote back. You say that you contacted the Postal Inspector, can you clarify the allegations you made with them?? The Complainant stated that she ?led a complaint about not getting her mail with the post of?ce, but she still hadn?t heard back from them. She asserted that her complainant did not include anything anything about retaliation. Please summarize the allegations that you would like us to investigate. The Complainant stated that she felt that they were going to drag out her case so she wanted to make sure they didn?t by keeping on top of them after she reported it. She also felt that when they were helping her with the safety issues they forgot her emotional needs such as perhaps holding off on moving her so she could stay with her roommate which she had offered to do (had said would wait a week for them to confront him so that she didn?t have to move twice would wait til] the second dorm was ready). The Director wouldn?t do that, andjust gave her a few hours notice that she was moving and moved her to the temporary situation. She added that she got counseling the day she asked for it, but it was not helpful since the counselor made it clear that he had to go to dinner shortly after she started talking. She also felt that they shouldn't have traumatized her by having her tell the story over and over and having them repeat it so many times. However, she felt that although they spent so much time trying to get the facts correct, they still ignored what she both she and Student 2 said. Another problem the Complainant had was that the School failed to ?nd him Student I guilty, nor did they ban him as they said they would. An additional problem was that the policy was not easily located on the School?s website when she looked right after it happened. She also had a problem with the lack of appeal rights. An additional problem she wanted to raise was that the School doesn?t report any sexual assaults to us. She provided us with a school newspaper article that documents that no reports were of sexual assaults Page 7 of 8 - Complainant Interview Statement OCR Case No. 02-1 1-2094 April 26, 201] were made by the School in the last 3 years. She said that ?word has it? that whenever someone gets accused of sexual assault the School doesn?t ?nd them guilty butjust moves them all to the same dorm. The Complainant said that this was told to her by an RA who lives on that dorm, but who doesn?t want to give her name. Page 7 of8 - President David E. Van Zandt currently in effect, and determined that the revised policy speci?cally states that. ?[t]he accuser and the accused have the right to appeal the decision of the hearing panel.? Therefore OCR determined that Allegation 3 is resolved. Allegation 4 With respect to Allegation 4, the complainant alleged that the University fails to adequately publish its procedure for responding to sexual assaults. Speci?cally. the complainant asserted that the morning after she was sexually assaulted on January 30, 201 1. she went to look up the University?s sexual assault policy on its website and there was no policy. The complainant informed OCR that she later learned from a women?s rights group on campus that the sexual harassment policy cannot be found directly on the website: rather. it can only be found by searching Google. The University advised OCR that it has had a Sexual Assault Policy in effect since April 2006. The University further asserted that since that time. its Sexual Assault Policy has been available online through the Student Rights webpage In addition, the Assistant Vice President informed OCR that as a matter of practice when he meets with a student who is seeking to ?le a sexual assault complaint, he will review the University?s Sexual Assault Policy with the Student. show him or her where the policy is located online, and will ask the student whether he or she would like a printed copy. The Assistant Vice President further informed OCR that during orientation and at various times throughout the academic year. the existence of Student Rights is communicated to students. OCR con?rmed that the University?s current Sexual Assault Policy is available through Egg}; '3 the Student Rights webpage OCR further determined that this webpage is listed in the University?s 2010-2011 Student Handbook, within a section describing the function of Student Rights. Based on the foregoing, OCR determined that there was insuf?cient evidence to support the complainant?s allegation that the University fails to adequately publish its procedure for responding to sexual assaults. Accordingly. OCR will take no further action regarding Allegation 4. Page 8 of 8 - President David E. Van Zandt This letter sets forth determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. formal policy statements are approved by a duly authorized OCR of?cial and made available to the public. The complainant may have the right to file a private suit in federal court whether or not OCR ?nds a violation. It is unlawful to harass or intimidate an individual who has ?led a complaint or participated in actions to preserve protected rights. Under the Freedom of Information Act. 5 U.S.C. 552, it may be necessary to release this letter and related correspondence and records upon request. In the event that OCR receives such a request. it will seek to protect, to the extent provided by law, personally identifiable information that if released. could constitute an unwarranted invasion of personal privacy. OCR staff will contact you within thirty (30) days of the date of this letter to discuss the complaint resolution process. In the interim. if you have any questions. please contact Miriam Nunberg, Compliance Team Attomey. at (646) 428-3830 or or Ronald L. Scott. Compliance Team Attorney. at (646) 428-3820 or Sincerely. Fe'lice Bowen Compliance Team Leader Enc. Page 4 of 6 Lisa Wiles through 4 had been previously addressed and that no further action was necessary. With regard to Item 5 above, the complainant alleged that the District failed to implement the provision in the Student?s Section 504 Plan recommending the staff?s avoidance of the use of sarcasm, due to the Student?s literal thinking. The information that the complainant provided to OCR regarding Item 5 pertained to the Spanish class incident discussed below. The complainant did not provide other Speci?c instances to OCR or to the District that related to Item 5. With respect to the Spanish class incident, the complainant alleged that on June 12, 2009, the Student had an altercation with his Spanish teacher. In a statement the complainant wrote on behalf of the Student, the Student stated that he told the Spanish teacher that he had left his homework at home. He stated that the Spanish teacher then asked him if he wanted her to call the complainant. When he asked why, the Student alleged that the Spanish teacher responded, ?Because you don?t have your homework and you didn?t do your project even after your mother was begging me to give you an extension.? The Student stated that he told the teacher, ?That?s fu- ed up,? called the teacher a name, and left the room. The complainant stated that the teacher should not have used the word ?begged? and should have avoided this ?power struggle? with the Student. as stated in his 504 Plan. OCR determined that after receiving the letters of June 1 and 12, 2009, the principal Spoke with the complainant and the Spanish teacher regarding the incident. The Spanish teacher con?rmed the Student?s account. The principal then arranged for the Student to complete the semester with a different Spanish teacher, as the complainant had requested. The complainant acknowledged that the Student was removed from the Spanish teacher?s classroom and placed with a different Spanish teacher, as she had requested; however, she stated that she was not satis?ed with the outcome of these conversations because the Spanish teacher had not been formally reprimanded. The principal informed OCR that the Spanish teacher was not formally reprimanded for the incident with the Student because she was a temporary substitute who was not returning to the school and because the circumstances did not warrant it. Accordingly, the District believed it had appropriately addressed the Spanish class incident, and therefore, also Item 5 above. Based on the above, OCR determined that the District and appropriately responded to the Spanish class incident after receiving the complainant?s letters of June 1 and 12, 2009. Speci?cally, the principal investigated the alleged incident in the Spanish class and reassigned the Student to a different Spanish teacher. The complainant provided no additional information in her letters of June 1 and 12, 2009, to indicate that Item 5 above referenced any incidents other than the Spanish class incident. Accordingly, OCR determined that the District reasonably concluded that Item 5 was addressed and that no further action was necessary. With reSpect to Item 1 above, the complainant alleged that the District failed to implement provisions in the Student?s Section 504 Plan regarding the Student not receiving extended time to complete assignments; however, in her letters of June 1 and 12, 2009, the complainant did not provide any speci?c examples of the Student not receiving extended time to complete assignments. Similarly, the complainant did not provide OCR with any Speci?c examples of the Student not receiving extended time to complete assignments other than a Spanish project.4 4 The complainant informed OCR that several students, including the Student, lost the drafts of their Spanish Page 4 of 8 - President David E. Van Zandt did ban him from that cafeteria for the rest of the semester. OCR also found that as of March 15, 201 1, Student 2?s name was not on the ?Persona non Gram (PNG) list for her new dormitory; this is a list that bars certain people from access to certain buildings on the niversity?s campus. However. University staff added his name to the list immediately after the complainant alerted them that he was missing from it. OCR further determined that at the time in question. the University followed its Sexual Harassment-Assault Policy adopted on April 25. 2006 (Assault Policy in investigating the complainant?s allegations. This policy defined sexual assault as encompassing ?various forms of nonconsensual and coerced sexual activity involving forcible touching." It also incorporated the definition of sexual assault as de?ned by New York State Law. This policy provided that complaints of sexual assault against a student would be reviewed and adjudicated using the University?s Non-Academic Disciplinary Procedures of the University's Code of Under Sections Ill.b.3.d. and e. of the Disciplinary Procedures: unless an emergency or interim suspension is warranted. the matter will be reviewed by a Disciplinary Review Panel (the Panel). However, under these procedures, the alleged violator of any University rule "may waive the disciplinary review by (the Panel). in which case the Senior Vice President or his/her designee will review the complaint and make a determination of responsibility. if appropriate." OCR determined that neither Assault Policy #1 nor the Disciplinary Procedures defined the standard of review to be used in establishing whether a complaint of sexual assault was substantiated. On March ll. 2011. the complainant met with the Assistant Vice President for Student and Campus Life (the Assistant Vice President). Allegation 2 With respect to Allegation 2. the complainant alleged that in retaliation for her sexual assault complaint. University staff delayed delivery of her mail from approximately February 2011 through May 201 1. Specifically. the complainant stated that she moved out of her original dorm room (Dorm 1) on the same day that she reported her sexual assault complaint. which was February 17. 2011. The complainant stated that she moved into a temporary dorm for a week and then to a new permanent dorm (Dorm 2) on February 25, 201 1. The complainant informed OCR that when she moved out of her original dorm. she completed and submitted a forwarding address form through the US. Postal Service: the complainant understood that it would take approximately two weeks to receive her mail thereafter. The complainant asserted that after two weeks of not receiving any mail. she contacted the niversity?s then Director of Student Housing and Residence Life (the Director of Student Housing); however. his only response was that he was confused about why she was not receiving her mail. The complainant stated that after a few more days of not receiving any mail she told the Director of Student Housing. by electronic mail message (email), dated March 18. 2011, that she would contact the local US. Postal Inspector regarding the matter. The complainant further stated that shortly after sending him that email, he Page 5 of 8 - President David E. Van Zandt responded by email explaining the steps he took to remedy her mail situation; further. the complainant indicated that on or around that same day approximately a month 5 worth of mail? appeared 1n the mailbox at Dorm 2. OCR determined that when a student moves to a new dorm room on campus, that student is responsible for providing the US. Postal Service with the new and correct mailing address information. The Director of Student Housing advised OCR that each dorm building has a mailroom staffed by students and other part-time workers. He stated that when a student moves from one do another the hall directors in each building will coordinate with student staff to assist the movin 1 with any mail issues. He indicated that when a student who has moved to a new dom?i. receives mail at his or her old dorm the mailroom staif at the old dorm will collect the mail and save it for the student to pick up; either the hall director or one of the student mail room workers will contact the student The Director of Student Housing advised OCR that regarding the complainant he along with the Residence Hall Director of Dorm 1 and the Residence Hall Director of Dorm 2 worked to resolve the issue the complainant experienced regarding her mail. The Residence Hall Director of Dorm 1 (Hall Director) informed OCR that the complainant?s move to Dorm 2 in early March 2011 was organized through Student Rights in coordination with the Director of Housing. OCR reviewed email correspondence. dated from March 2. 2011 through April 22. 2011. between the complainant and the Residence Hall Director of Dorm 1 regarding the mail issue. During the course of the email exchange. the Hall Director informed the complainant that after her move to Dorm 2 mail was still arriving for her at Dorm retrieve her mail Dorm 1. the Hall Director advised the complainant by way of emails dated March 4.201 14 and April 20.201 that she could have continuing access to her old mailbox in Dorm to retrieve any mail that came to that address. lhe Hall Director indicated that when a student moves from one dorm to another the University?s practice is to leave a student?s old mailbox active for one week and thereafter to return to the sender any mail that comes to the old address. However the Hall Director stated that. with the respect to the complainant in addition to being able to access her mailbox at Dorm2 her mailbox at Dorm 1 was left active for the remainder 01 the 201 1 spring academic semester. so that she could have 2 The complainant Stated that after receiving the package of mail on March 18. 201 1. she thereafter received most of her mail, with the exception of ?some letters? and a birth control package. The complainant added that after moving into a new dorm. she did not receive her magazines for a period of approximately one month and she believed that they were getting lost: she later learned that her magazines stopped coming to her after her mailbox became full. 3 In an email the complainant sent on March 7. 201 1. she advised the Director of Student Housing that she made a report to the Residence Hall Director of Dorm 2 that she had not received certain mail items that she was expecting (a Netflix DVD and magazines); the Director of Student Housing responded that an investigation to search for the missing items would begin immediately. In an email. dated March 7.201 I the Director of Housing informed the complainant that if she believed she was missing mail or packages she could ?le a report with her hall director. Residence Hall Director of Dom1 2. He further advised the complainant that once she made a report staff would begin an investigation to search for any missing items that might include notifying Security and the US. Postal Service. By email sent that same day. the complainant responded that she had already reported to the Residence Hall Director of Dorm 2 that she had not received certain items that she was expecting (a Netflix DVD and magazines); and the Director of Student Housing responded that an investigation to search for the missing items would begin immediately. 4 In this email, the Hall Director informed the complainant that in order to access her Dorm I mailbox. she only needed to inform the building guard that she used to live there and that she was going to check for any old mail. Page 6 of8 - President David E. Van Zandt access to any of her mail that came to Dorm 1. OCR determined that in an email. dated March 8. 201 1, the Hall Director informed the complainant that mail (sent from the post office to Dorm 1) would be dropped off for her at Dorm 2 the following day. OCR also determined in an email. dated March 22, 2011,3 the complainant confirmed that a package of mail that originally was sent from the post office to Dorm l. was brought over to her at Dorm 2: the Hall Director infonned OCR that she delivered the package of mail herself. OCR determined that as of April 20, 2011. the Hall Director informed the complainant that she still had mail coming to Dorm 2, and reminded her that she still had access to her mailbox at Dorm 1. Further. OCR determined that on April 21, 2011. the complainant asked the Hall Director whether any additional magazines had come to her mailbox at Dorm l; by email dated April 22, 201 l. the Hall Director informed the complainant that at that time no more magazines were in her mailbox at Dorm and that if magazines were returned because her mailbox was too full there would have been a package slip left for her. The Hall Director informed OCR that this April 22, 201 1 email was the last correspondence she had with the complainant regarding the mail issue. Based on the foregoing, OCR determined that there was insuf?cient evidence to support the complainant?s allegation that in retaliation for her sexual assault complaint, University staff delayed delivery of her mail from approximately February 2011 through May 2011. The complainant did not provide and OCR did not find any information to indicate that University staff delayed delivery of her mail following her move to Dorm 2. OCR determined that after the complainant moved from Dorm 1 into Dorm 2, she continued to receive mail at Dorm 1 and University staff delivered mail to her at Dorm 2 and provided her with access to her mailbox at Dorm 1 for the remainder of the 2011 spring semester. Further, OCR determined that when a student moves from one dorm to another. it is the student?s responsibility to provide the post office with the new and correct address information and to follow-up with the post office regarding any items of mail missing due to incorrect address information. Accordingly. OCR will take no further action regarding Allegation 2. Allegation 3 With respect to Allegation 3. the complainant alleged that the University?s policy for responding to complaints of sexual assault is not equitable, as it permits the accused individual but not the complainant the right to appeal the outcome ofa hearing in a sexual assault case. The regulation implementing Title at 34 C.F.R. requires a recipient to adopt and publish grievance procedures that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Title IX. The University acknowledged to OCR that after receiving concerns from other students and staff related to the application of non-academic disciplinary procedures to complaints of sexual assault the University revised its sexual assault policy in spring 2011.6 OCR reviewed the University?s revised sexual assault policy, which is 5 In that email, the complainant thanked the Hall Director for having her mail delivered to her at Donn 2. 6 The Senior Vice President for Student Services advised OCR that during her tenure as an administrator at the University. she did not recall this ever being brought up as an issue; however. this past summer certain University staff members and students suggested that the portion of the University's Sexual Assault policy addressing appeal rights should be revised; she added that this revision re?ected "a change in industry standard" that has happened recently. Page 2 of 8 - President David E. Van Zandt No recipient or other person shall intimidate. threaten. coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by or because one has made a complaint, testi?ed, assisted or participated in any manner in an investigation. proceeding or hearing held in connection with a complaint. In its investigation, OCR interviewed the complainant, University staff members. and a student witness. OCR also reviewed documentation the complainant and the University submitted. OCR made the following determinations. Allegation 1 The complainant alleged that the University failed to respond appropriately to the complaint of sexual assault that she made on or about February 17, 2011. Specifically, she stated that the University: traumatized her by requiring her to repeat the story of the sexual assault numerous times; forgot to address her ?emotional needs" in favor of ensuring her physical safety; failed to ban from her dormitory the student whom she accused of assaulting her (Student 2) in a timely manner: failed to ban him from a campus cafeteria; and failed to determine that Student 2 had assaulted her as she alleged. Title IX and its implementing regulation prohibit discrimination based on sex. including sexual harassment. Sexual harassment is unwelcome conduct ofa sexual nature and can include sexual advances. requests for sexual favors, and other verbal. nonverbal. or physical conduct. Hostile environment sexual harassment is sexually harassing conduct that is sufficiently severe. persistent, or pervasive to limit a student?s ability to participate in or receive benefits. services, or opportunities in the recipient?s program. If OCR establishes that conduct of a sexual nature occurred. OCR will examine additional factors to determine whether a sexually hostile environment exists. lf OCR determines that a sexually hostile environment exists, it will then determine whether the recipient had actual or constructive notice of the hostile environment and whether the recipient took immediate and effective corrective action reasonably calculated to stop the harassment. prevent its recurrence and. as appropriate, remedy its effects. OCR determined that on February17. 2011. the complainant and her friend (Student 3) went to the Office of Student Rights and Responsibilities (Student Rights) to file a complaint alleging that Student 2 assaulted the complainant sexually in her dormitory room on the night of January 30. 2011. OCR found that the complainant spoke with the Director of Student Rights and the Director of the Office of Student Crisis and Support (Student Crisis). who asked her to recount the alleged assault with specificity. The complainant provided the Directors with an account of how. on the night in question. she and Student 2 were in her room early in the evening. but she told him to leave when he gave her a back massage that started to ?turn sexual." He went back to his room. and the two then chatted on l?acebook. after which he returned to the complainant's room. According to the complainant. she then initially consented to ?make out." but then grew uncomfortable and repeatedly said "No" when he went farther than she was comfortable with. She reported that she removed his hand from her crotch (over her clothes) 10-15 times. and that he pulled down her shirt and her bra. and kissed her breast and touched her against her will. She stated that this continued for approximately 45 minutes until he left after she refused to have sex Page 3 of 8 - President David E. Van Zandt and told him to leave. OCR found that the Director of Student Rights asked the complainant to repeat her story at least twice, in order to make sure she had all the details correct. The complainant also provided text messages from Student 2 that she believed con?rmed the alleged assault.l After the complainant told her story to the Directors, Student 3 recounted her experience with Student 2 several months earlier when she put him in a ?chokehold? when. while ?hanging out? in his dormitory room, he massaged her arm, asked her sexually explicit questions, unzipped her sweatshirt and pulled her down to the ?oor. She stated that she did this to show him that she could ?take him,? since he was making her uncomfortable, and to stop him from making any further advances towards her. Student 3 declined to make a complaint regarding this incident, but said that she wanted the staff to know that she thought Student 3 was capable of the actions of which the complainant was accusing him. OCR found that immediately after she took the complainant?s statement, the Director of Student Crisis initiated the process of moving Student 2 to a different dormitory, and offered the complainant the option of moving out of her dormitory room immediately, if she so desired. The University then found temporary rooms in separate dormitories for both students to move into that night. Shortly therea?er the complainant asked to be able to live with her original roommate; once a double room became available approximately a week later (on or around February 25, 2011), the complainant and her roommate moved to a third dormitory, where they remained for the duration of the semester. Student 2 was placed in a permanent dormitory several blocks away from the complainant?s. In addition, the Director of Student Crisis provided the complainant with the number of the Student Counseling Services on campus, and encouraged her to make an appointment there. The Director of Student Crisis also contacted the complainant?s professors to let them know that the complainant had experienced a crisis, and requested that they contact her if the complainant began to struggle academically. The complainant reported to OCR that Student 2 never approached her after they both moved out of the dormitory in which they had lived. OCR found that she reported to Student Rights that she saw him in the cafeteria on March 1, 2011, and she reqoested that the University refund her meal plan for the rest of the year as a result. The University refused to issue her a refund, but it The text messages are as follows (spelling and grammar replicated as in originals): Complainant: ?Yo when I said no to things and you kept going that was not cool.? Student 2: ?If cant handle fooling around with a damn guy thats ?ne just make it clear now. Itll be over very quick. Cheers? Complainant: can handle it, I just want my to be respected, which I felt didn?t happen last night.? Student 2: then im done. Ur b0undaries will respected. Jeez take care and leave me along ur creeping me the fuck out. Like ur too sheltered for me its better for me. . .to end it it wont work for im too intense for im sorry? .No hard feelings were too different for this! Ciao have a good day! P.s. Important: this absolutely stays between us.. .Ciao? Complainant: ?Seems like you have no interest in how i felt last night when you did stuff I didn?t want you to do and told you to stop many times and even removed your hands. Bye? Student 2: ?Anyways hope ure ?ne im just too intense for k? Bye? Complainant: ?It wasn?t intensity, it was lack ofrespect" Student 2: disagree with but if 1 were to do it now it would! U-re clear about who are at this point. Now take care! Don?t worry about it happening ciao" We du not reimburse for such things as this. [i you think you are missing mail or packages, )usi file a report with your Hall Diredol who is James Noble and has an alike on the 3rd Floor and we will he gin a search that may indude notifyan Seatinty and Ihe US Pastal Service. i will use this email as a preliminary report in begin the lnyestlgab'ori, but an you please itemize the missing items, with daies expected, the shipper, name of magazines you are missing etc? Thank you and we start on this. Sincerely, Rob Lummski Rab Director or SWdenl Housing is itesioenoe Lila 79 5th Ave, Fifth Floor New York, NY 10003 (112) 229-5459 so as ram sure you remember my request in your om was thai i wanted an address andi stressed the whole time how "you! an address so: can get may mail because i normally get stuff daily, The other day I realized that] had not received any mail at either address for a ten weeks, the emotion of one main mailing and a couple of packages, but one package is MIA. After mlking in some ohice salsaan i learned that they have been wri 'ng 'retnrn sender" on my mail necause they have an outdated roster and was not an the old roster they were Luckily i have been told the ptublem was fixed on Saturday, but i have yet in receive any mail. i realize that there has not neen an chance me to get mail Since the pioblem was fixed, [wanted to notify you because] was told by you that his would not be a problem and I don't want this on hapnen in anyone else, Even though i received one mailing, an the Nemix mallings since have gone Also the box that went missi is a hex i need so I an have my laptop fixed, but now 1 have to nail tech support again and wait another week to get it fixed. Also rs there anyway to be reimbursed ror my loses sincel have about 7 magazine and a Nemix account, all or which has had "return to sender' out on it" Also another problem I have had at Lueii is ihat security bald me that lcanmt bring my blke into me Recently I had my brand new :10 take light staleri tlodcup my bike extremely well and have the nest bike bar in me country and lock-up the most pans oossible, but! cannot lockup every little thing. i am now worried that my bike will be stripped 0f the other light, the splash guards, basket, handlebars, seat, aid whatever else they can get their hands on. Is there anyway (or my light to be reimbursed and (or you to talk to securiy so lean my bike lnio the building so it is nrotected? Thank you so irluchl From: Monday - September 6, 2010 9:ubJ ect: question So I uould like to talk to you about an issue when you have time. The issue is not anything involving any room or suilemales and I can wait as long is needed talk to you ahnul it: I decided though that it would be best lfI set up a meeting with you. When can I talk to you about this? I can meet with you anytime afier 10:30 on Mondays and Wednesdays, anytime aficr 4:30 on Tuesdays and Thursdays, anytime after I 1.30 on Fridays. and all day on Saturday and Sunday: Thank you so much.' From: Kelly Gallagher Tuesday - September 7, 2010 10:16 AM Rc: question Hello- I can meet with you tomorrow (Wednesday) at 1 1am. Kelly From: Tuesday - September 7, 2010 11:54 AM To: cly allagher Subject: Re: question I actually have ajub interview them The closest I can do to that time is 12:30 or later. Thank you so much! From: Kell Calla he! Tuesday A September 7, 2010 12:03 PM To: fl subject Re. question I can see you at 1:30pm. Kelly From: Tuesday - Septemher 7, 2010 12:07 PM To: a rig er Subject: Re: question Thank you SO much! Iwill see you then' 1 me! wilh- at the decider! dale abave - ruqucsl was regarding her per car, which she wamed 10 have live wuh her I ewpluinL'd our nu p21 policy. She explained Hm! her cat has separation anxiety and hoped an excepntm could be made/or her ar it had been for a nudem with a service dog. I explained that the other students service dog was an exception since our priority LY our students and he medicalb' needed this dogs as. 'slance. Fremz-- Wednesday 7 December 1, 2010 3:17 PM . Kelly singles Hannukah I realized today that there I was promised the first day by you that there would be a manorah lighting with a light bulbed menorha during l--Iannukah. This is no longer happening and there is just the one event tonight and the Jewish Student Union party on Friday. This only covers two of the nights of I talked to the president ol'rhe Jewtsh Student Union and she has allowed me to barrow a manorah for the building to use, I would like to be able to do a ceremony every night (except tonight and Friday because events are offered). Would it be possible to have the building pay for food and namiles since they pay for food {or every other tiny event. This should draw a croud since there are a lot ofJew'ish people in the building and a big pint oflhe holiday is food and candles. Thank you so much! From Wednesdly - December 1, 2010 3:41 PM To: Kelly Subject: update So the president of the JSU spoke to someone named Linda. I forgot her last name. but she is very high up. Linda said that she will make sure every hall has a manornh with lights and that something will be done night starting tonionew 1 can keep you posted on everything if you want, but it looks like you will be notified of everything without me. From: Kelli llaiher Thursday - December 2V 2010 1:31 PM Re. up ate It sounds like the presidenl OHSU spoke to Linda Reimer. Each residence hall docs have a light bulb equipped manorah, Ours was used last night for the program. but you will see it out again this evening in the lobby. However, we won't have a program every night ofHannukah. if you would like to reserve space and/or borrow the manornh, please let me know and I can arrange that for you. You can also work with your RA or Hall Council liaison ifyou'd like to assist in the planning of a program in the building. We have also allowed for JSU to use space for their programming ifyou'd like to work with them in planning a program. Cnrdially, Kelly Joyce From: -- Thursday - December 2, 2010 5:25 PM To: Kelly Gallagher Subject: Hanukkah So I will figure things out about Sunday nighl til the meeting with hall councel tonight, buijust assume that 1 am doing Hanukkah at 7pm every night unless I inform you otherwise. lhank you so muehl Frnm: Kelly Gallagher Friday -- December 3. 2010 1:39 PM To: Kelly Subject: Re: Hanukkah Hi- If you would like to put a sign on the study lounge to reserve that space each night for prayers, you have my pennission to do so. I know that Hall Council has a program on Sunday already and we typically do have multiple program in the lounge on one nighL but again, it's fine to use the study lounge for prayers Please know that il'a RA does a program of an educational nature, It is typically proposed and discussed wilh their Head Resident a week in advance. lfyou Want to help plan a program, please make sure to provide advance notice to the RA, so that lie/she can propose and discuss it, then reserve the purchasing card and make all the necessary preparations. This means that you pmba'nly Shouldn't expect to have "free food" for each night of Hanukkah. Kelly Joyce Fm Friday - 3, 2010 9:52 PM To: Kelly Gallagher Suhiecl: Wednesday Night So the president and I talked about how Hall Counsel gave me approval to have a big last night ofHanukka celebration on Wednesday, Sandy and I decided to tum it into at .ISU event since we will get a bigger tum out and we can use the JSU budget instead of the dorm's. ls this ok with you? Also Sandy wanted me to give you her phone number so you could get in Contact with llei. Her phone "um i i --lryou have any questions please feel free to contact either ufus, Thank you so much! Monday December 6, 2010 9:15 AM To: Subject: Re: Wednesday Night Hey- Thett sounds great. Will you still be using our space? Ifso' which would you like to request to use. what time, clc? KeHy 0n unit Has/ted me if there would be programming during the Jewish haliday, Harm/(ht) i. la (1/19? that we do n/ien perform programming in promo/e multiculturalism and always encourage itutz'ents la bring ideas to 010' my/ AS she above. 2 WEEIU (in organizing a program, where students weru lo attend the [oval manat'ah ligliling and handing mil gift bag: to children that night. at all-o provided accer: in the building '5 manorah and given rem-wed space each night, per rnqucxt. She and I verbally regarding lht': manner ?71.90 rcquesled funding for wary night a] Hanukkah. I explained that xlafi'arld student an hall council their eve ween in advance It) pmpel'ly plan a (recommended m-lo work with hall council and/Ur a RA to after rm idea /nr it and callabamilon 1 mid I would make an exception on the Il'maIl'hz as long as it was a respam'iblc use o/Ihe budget, which comes/imn .midem money On [he/it's! night :he called the RA emcrgerlt'ypl'lane and [rs-hull them in purchase food for that night, so [provided the above tollontnp mail -praceeded to plan a program with the Hall Count-ll far the last nigh n/Hunimhuh, From: Leah Wcich Friday - December 3, 201012155 PM To: Justin Li; Kelly Gallagher; Lenny Zeiger; Nancy Smith Subject: Builying incidenl in suty park Dear Colleagues, i was notified 0f ongoing bullying otheshmm--is Lan Freshman residing in Smy Park, The inci em was reponcc to mc'iust now by *seminm fellow. Appatenllv._gol offon wrong foot in the beginning oi the term with anolher freshman tile 3 Comment rubbed -the wrong wa and arentl some olhcr friends 0! became involved and have cyber>> bulliedfli: afraid to come torwn ecausc she thinks the bullying will get worse. The latest incident involved lier iuning up flier advertising a haliday paper Altai was defaced rude remarks. was advertising a Chanukah panyr but it duusn'l seem that [he bullying has been motivated by anii-Semilism BESL, Leah From: "Justin Li" Friday - December 3, 2010 1:01 PM To: "Leah Wcicll" "Nancy Smith" "Kelly Gallagher" "Lenny Zcigcr" CC: "Gene Plum De Leon" "Tom McDonald" Subject: Re: Bullying incident in Stuy park Attachmems: Mime,822 (4058 bytes) [View] [Save As] Leah. Please teiet- this student to Gene tn SRR at Tom McDonald and 1 will reach out on Monday Justin From: Kelly Gallagher Ffiday December 3, 2010 3:08 PM To: Gene Puno-DeLeun Subject: Documents for 201000245 Hi Gene, Attached ate the documents/screen regardinalleged harassment. I attached the incident report too Kelly 1 after receiving [his email up and o/fer support She exp atne one of her fliers for Hanukkah pt'qvars defltced, She explulnl'd that she had ongoing disputes won another group H/sludertm, admitted that she had sent messages with hurtfitl language to the other sludeh utfelt uncomfortable with the new target of religion, I asked t'fshefclt unsafe or threatened tn whteh she said that she did not/eel physiczt yt reatened, I documented statements and the pictures/screenshots she provided in Judicial Action and aletted Gene l'zttw-DeLeon. The judicial follow up was handled within the aflice of Student Rights and Responsibilities. Over the University Holiday. also contacted our University H0 using office to express discontent over the spat: at which mail was sorted durtng the break, After receivmg the Camphtinl. my stuff on duty spent time pulling out her mail specifically to deliver to her ahead nfthe sorting. _mm to Laeb Hull in Early Mat-eh was organized through Student Rights and Responsibilities With the hEIp o/Rob Lutomskt. Our practice is to leave a student 's mat/[tux active/or a week a ter an intrarbuilding wave and then return to sender, After continued issues wilh'matl a] Laeb Hall,- mailbox was left active for the remainder of [he Spring Semerter 1 had (he/allowing communication with her regarding her mail afier lhal more: Wednesday - March 2, 2011 11:44 PM Tu: Kelly Joyce Subjecl' mail Would 11 be possible 10 pm any mail [may receive some place where I can pick iI up and corneal me if any comes? 1pm in a request to forward my mail, but I have yet Lo slan receiving mail al Loch. Thank you so much! From: Kell Joyce Thursday - March 3, 2011254 PM Sub 6: mar On Tuesday, I Will check your mailbox to see if anything has unwed 1'01 you. lt'il has, 1 will il 10 [11: Loeb Hall Director anything comes alier that though, ii will be returned to sender. Kelly From:-- Friday - March 4. 2011 12:03 AM Tu: Kelly Joyce Subject: Re. mail Would it be possible in just pm 11 in the RA office and 1 Will pick it up widiin 24 hours after Tuesday? Thanks! From: Kelly Joyce Friday March 4, 2011 11:09 AM To: Sub'ccl: Re: mail l'm not comfortable leaving mail sitting em in ihe RA uffice {or fear of 11 genlng if you want to come to the Stuyvesant Park building to your mail from your old box, you can do 1113:. Let the guard know that you used to live here, you're going to check for any old mail, and they will likely hold your 1D wliile you go downsiairs. Kelly From:-- To: Kelly Joyce Subject: Re: rnsil Sounds goud. Thanks! I was sent the/allowing email wi/h the attached forward fl-am Roberz Lummski: From: Robert Mmli 2, 2011 5:21 PM To: Kelly Juyon Subject Fwd' Re: problem wiui mail and bike Kelly, Can you please cl-lcck the mail room at 318 for addressed to a former student mere named -- She is missing several magazines and a netflix dvd. as wall as mailing box for her lapiop. See email below. Thanks. Rob I 2:03 PM I alrci'ldy .lumcs about I am missmg a DVD [hm was on rriclny. rims Mags/jut iliai iirrivcs io luv: cwl) Fndu)'. bull unis yet in moving inro aly housing. Copy orAllurs Ginninui. and Manila S|u7ln lemg rlim do know ilie mums axrnal dates Klnce they do uol come oneu enough {or m? knu" an :1le due. jusl know \hcy slinuiri have borne by iinii haven'l The flung iliul is missmg "la! 13 ms biggeu deal is in box ma! should him: umu'd b) Thurxda) g, inc to mail in; lunlun back so my inniop um bc i xllinnl you so much! Roberl Luiomski (min/l I la 24 AM an nul rcirubursc For such rlungs as illis. Ifyvu Ihmk son are missing null or pnclugcs jusl me rcpon your Hall Direcior who is mines Noble sinil rins sn anlnc on 3nl uscr ue nill be girl a Search iliui may nlclude noulsirig Socuniy and the us Poslal Smicc Will use uiis criuni is i. rcnou in min inc invcsiigauuri. bui can ynu please ileum uems, null dues espscieu. inc shipper. name oflnagvines you rue missing clc" [hank you and "re n-ill sL'm wnl'king on "Us. sincerely. Rob Rob Blmulur ilnusiug Lire 79 mi Aves l'ilui rigor Vnrl. NV loam (212)2295459 So as am sins-sou rumiu in; irsi quzsl youi limes was Iha| \Vamtd nn ||Ic wllolc "me how \mm on addrass so I can gci may rnsil liecnusc [normally gal suiu Jail). The uiuer (in; rcnlizcri I had nol rccsivoci any mad crincr addless ror ii rcu licels, W101 inc of uric Neinsn mailing and a tangle olpucugss, bui our; package is MIA Aficr inlirinir in some omcc assix|an|s i learned uni Ihc) have lieu. wnuug sender" on my null beenuse Lucy thV: on minimal NSICI and nus noi on Ihl: old rnsuci "my "slug. Luckily have been rblu ilic problem was fined an Salunld), Ivm have yel any mail. rcniizc ins-rs has rim bum ui clinics lor ins |o gc| mall sincs problem uss fixed, I uuruorl io iiorir, you becauscl was told by you lhul \his would be a pmblem And I don'[ \vnm lm: happen lo unyunt Evcn arm.ng remuxl on: thllix "9 all me Nernir mailings since haw gone musing Also [he hm our "em missing 3 Im I need Sn lcan have my lnplup fixed. but now I we lo call \cch suppmt again and MI anolhcr "eel: l0 gel ll fixed Alsn mere anywa) '0 he relmbursed for my mm since I have at)qu 7 mawmc subsurpuuns and a Nell'lIx acmuIiL all ol' which has had "mm" ll) sender" pm on mum I have had :l anb Recurin mm In: our bring my bike Irrw ll]: bu mu Recently Ind my brand new no bike [lock-up m) hIkc memer "all and ham: rIre bike Ian In we [oumry and In: up the masl pen: paniblu hm I cannol lockup every mile thin I am no" worried my me will be shipped ofthe mm light. splash guards. Imkcr, scaI.umI "nan-remiss [hey-Inn gel ml ls thew xmywa} far my high: to be mimbmed and [uryou Secunl) an I can bung my me mu) it i: meecIcm Thank )mI :0 much' From: Kelly Joyce Tuesday - March 8, 2011 10:13 AM To: Robert Lulomsld Subjecl: Fwd: Re: problem with mail and bike Hi Rob, -has 21 couple nfmagafines and a package here. 1 commumcaled with her on March 4th thaI Iwnuld emply her box and give it to James, but she said she preferred ta come lo the building lo pick it up. I told her that was fine also; we" leave her box as active for a couple of weeks and she can give the guard her 1D lo hold while she cheeks her mai . I'll email her again to confirm [his as her preference and offer lo have her mail brought to Loeb again. Kelly Kelly Joyce Residence Hall Direelor Stuyvesant Park Residence The New School Ruben Lutomski 3/7/2011 5:2! PM Kelly. Can you please check the mail room a! 318 for anything addressed to a former student there named" She is missing several magazines and a nelflix dvd, as well as mailing 0X or er aptop. See email below. Thanks. Rob From: 8 day -Mareh 8,201] 10:16 AM lyust want to confirm that your preference is to come retrieve your mail on your own from Stuyvesant Park There are a couple of magazines in mailbox as Well as a package. If you have changed your mind and would like me to give your mail to the Loch Office. please let me know this, Cordially, Kelly Joyce met-- Tuesday . March 8, 2011 10:52 AM To: Kelly Joyce Subject: Re: mail Du you think you could bring the mail to the Loeb office today and afler (his I th1 pick up my own mail? Thank you so much! Frum: Kell Jo :2 Tuesday - March 8, 2011 1:23 PM To: Sub'ecl: e: mal Someone will dellver your mail to RA office at Loeb Hall tomorrow (Wednesday) likely tn the aflemoon. Cordially, Kelly Joyce _rlail was dropped offal (he Lozb Office [he day indicated abol'L' I was cop ed on [he 0110M mg um a belween Rob Lu/omski um] Ruben Lulumskl 03'11/1 lust AM Kelly Joyce is filill old lot you w; [mind many mgmitte, Slu)vesnn1 ttee mum ll'll: impression you mem ls Llus nal mt case" Would yet In: ttee [or a on Tuesday Kelly Joyce ltmet Noble, Seemtty We will Iry lo gm lo the bottom oflhiS me my>> whal. tmte lnighl be tree you, Rob LulomsLl Ditet-tot m" smut-m Resideno': l.t re 79 5|l1Ave.. l-'tmt Floor New Yum NY 10003 (2'2 229-5457 10:06 PM 5e been to twelve tt DVD from for the pail ml tt hall The uvn ttevct gel to 1m; so I had to rcqul: Now tctattd DVD IS loot have yet 10 any muguilncs. ma't gs at lettetssittce Lac>>, 1 am stanittgto "any bcmusc my billmg cycles on my cmfli| emds is coming soon and 1 mm have bill get lusl tlte mle t-ttll gel lnle foes t: complete!) chlculOM' sittce I hate my. |ll? to. less man a monlh no" amt slill can't rectlve 1mm. magazinca. ll'mls lsll'| fiwd mu smallng |llc and me dean lch'l livc likc Ihis From: Kelly Joyce March 13, 2011 5:00 PM To: Romemomski Iley Rob, We delivered the mail lhal we had for her to the Loeb office on Wednesday Her box is still acuve m. I'm 01)? of Iown right now1 but I'll check on Tuesday before staff meeting 10 see else has come for lien Kelly We reccillcdu package fa _ul 1m bulldm amundMal'c/lZZ While we lypioally mail for former rexidenls, carriedflpackaga to Loeb Hall and dropped it o/ffar her Fromz-- Tuesday 7 March 22, 2011 11:20 PM To: Kelly Joyce Subject. lhank you Thank you for having my package brought over to Lneh, ll had my laptop in it. 1 was on (he plume with the company for an hour trying to have my audios: changed, they iold me changed ii) but they didn't. Thank you so much! I would have never gotten my laptop back if it wasn't brought over to Loeb since lhe company lold me they changed my address. We conlinuodm receive smyvesom Park From: Kell .10 cc Wednesday - Ap o: CC: James N0 0 Lulomski Subje Re: thank you Hello- muted to inform you you still have mail being delivered to (he Stuyvesant Park building. The lasl lime I checked with you. you preferred (0 come p1ck up your mail 011 acl'we and the Securily Guard w1ll allow you duwnstaus your own Your mailbox is still ifyuu Show your ID and lumem know your checking your old mallbox. Currently, there are a couple Ofmagafines the") Please double check your address again wilh your magazine subscriptions. Cordially, Kelly Joyce Fromz-- Thursday - April 21,2011 10:35 PM To: Kelly Joye: Subject: question So I didn'l have anywhere 11631 as many magazines as I was expecting to get since it lums out than all my magazines since February have been going to Stuy still' [was wondering iflhe mallmom al Stuy still has them since my mailbox was full or those magazines are MIA, Il'tl'ley are hanging out in the mailmom would it be possible to have someone drop them offal Loeb'? If you can't have someone drop them offal Loeb then I will pick Ihem up when I can. Thanks! From: Kelly Joyce Friday - April 22, 2011 10:37 AM To: Sub Ifyour mailbox was [on full, but mm was nuns mail for you, [here would have been a puckags slip, So, unfortunately. we d0 iml have mail, . question Kelly Kelly Joyce Residence Hall Director Stuyvesanl Park Residence The New School We con/muedm leave-maile an acllvefor the remainder aflhe academic my IO, including those related to Title IX compliance, to the Office of llic General Couiisel.'y (See Exhibit 12.) The links to PDF cot-tics ofall catalogs available on the University's wcbsilc. See the above response to request 4, In addition to all student catalogs, the statement is contained in the Sexual llarassment Policy, summarized in the University's Discriminatory Harassment Policy and scpamlely stated in the Provided as pan of Exhibit 3 Already provided as pan of Exhibits 2 8. All new are provided with a copy or the Student Handbook which contains information on the Siudenl Code ot'Cnnduct, the Non- Acadeinic Disciplinary Procedures. Sexual Harassment Policy, and other policies, Orientation sessions are hold for new students prior to the l'irsteday oiclasses during which students are made aware oflhe Sludent Code ofConducI. Non-Academic Disciplinary Procedures. Sexual Harassment Policy, and other policies All new degree students are required to complete an on- line tutorial on the Sexual Harassment Policy. tutorials for incoming students on the Student Code of Conduct and related policies, including the new Sexual Assault Policy, are being implemented for the 2m 1-2012 Academic Years in an slim to reduce paper usage all policies and procedures are made available Oil-line and students are [old where to locate these materials. All sludenls livtng in housing are required to attend mandatory floor meetings where the RHH is reviewed The RHH contains information on the Student Code ofConducl and related policies. Already provided in responses above. The University's online tra' ng on sexual and discriminatory harassment may be accessed through the following link: Once a year, a reminder is sent out athsing slufl' members to take the lminlng and the University receives reports ol'these who complete the lraining. As previously stated, each year new employees and students are required to complete this (mining in addition. Mr. McDonald and Tracy Robin, the Assistant Vice president for Student Health and Support, both attended specific training related lo sexual nssnull in July 2010. The training matcrials ale attached as Exhibit 13. . it is the practice on campus that anyone contacted bya student regarding a noneacademic concern should reter that student to the Rights Responsibilities Office. Students may filc incident reports With the Student Housing Security departments that involve conduct that triggers the sexual/discriminatory harassment policies or the sexual assault policy bill all such incident reports would he forwarded to Righls Responsibilities See Exhibit t: statement from page 72 urtlte 201072011 Calalog tor Eugene Lang ColICgc. where enrolled. ml the related web link, 12. All the documents related to the complaints received by students are attached hereto as Exhibit l4 and describe the information requested. The University declines to share with OCR the details related to complaints filed by staff that do not relate to students staff vs. staff complaints except to confirm that the University received no complaints of sexual assault involving a university staff person. 13. Generally, a complaint of sexual assault involving a student would result in notice to 3 university of?ces: Security Department, Student Health Services including Student Support and Crisis Management as well as Rights Resmnsibilities. The of?ce that ?rst receives the complaint is responsible for notifying the other two of?ces of such complaint7. The Security Department, led by Security Director Thomas Ilicito, is responsible for notifying the local NYPD precinct and facilitating the complainant?s contact with the NYPD and providing assistance with any investigation. SHS and SSCM would alert the complainant to the resources referenced in the Sexual Assault Policy as well as local NYC hOSpital based rape crisis programs. SHS maintains informal relationship with many such programs and have held in-service trainings to keep its staff up to date on post sexual assault medical care. SHS has organized with The NYC Alliance Against Sexual Assault to volunteer staff and students to help with Sexual Assault Awareness month activities. SHS has had survivors come to publically speak about their experience as survivors - an event open to students and has sponsored self defense classes for students during which SHS makes available information about sexual assault. 14. SSCM, Student Housing and the Security Department are all available to respond to a variety of student concerns, including sexual assault, on a 24-hour/7-day a week schedule. Housing has day time office hours and a night time on call system. SSCM has been in existence since 2004 with an on call administrator who is reachable 24/7 for all students. These 2 on call systems are linked and work collaboratively. The Security Department is reachable over 24 hours and has a Security Supervisor on staff at all times who is able to facilitate contact with the NYPD and relevant university offices. 15. Already provided in the above responses. 16. Student Housing has the following policy in writing regarding mail distribution process as published on-line and in the RHH Exhibit 7): Mail In most cases, mail is delivered Monday-Saturday and sorted in your building's mailboxes. Mail, packages, and/0r deliveries cannot be accepted prior to check?in. Instructions regarding mailbox access and package retrieval will be available at your residence hall during check-in. The New School is not responsible for lost, stolen, misdirected, or damaged mail, parcels, or packages. If you are expecting an important package, please make sure you are available to receive and sign for it when delivered by the US. Postal Service or other courier (eg. FedEx, UPS, etc). Mail forwarding service is not provided after a resident moves to another room/suite, residence hall, or out of the residence halls. Students should update all banks, magazine subscriptions, etc. when moving. Also, students should update their mailing address with The New School through the Registrar?s Of?ce or online through 7 Please note that SHS will not take complaints but, rather, will refer students to Rights Responsibilities and Security and provide other rcSOurces and treatment to the student. 5 The link to this information is here: w. Students are assigned to rooms, and they receive a mail box assignment located in their residence hall. Mail is addressed to them at their residence hall address. Mail is delivered by the USPS to each residence hall and placed in the mail room. Mail is in the residence halls through a combination of part time union staff. student of?ce staffand RA staff. Mail is distributed to mail boxes, and packages are held in the mail room for distribution at set hours. Students are notified via a package card placed in their mail box when a package arrives for them to pick up. 17. Already provided as part of Exhibits 6 7. 18. Already provided as part of Exhibit 6 7. 19. The undersigned is the designated University contact person for this Complaint. 20. None. I understand that OCR would like to conduct campus interviews in July. Please let me know what dates are being considered as we look forward to a thorough and expeditious resolution of this Complaint. Sincerely, Keila Tennent-DeCoteau Associate General Counsel LNITED STATES DEPARTMENT OF UH IN FOR RIGHIS HUHK Emmi (. .1. HI May 23, 2011 David E. Van Zandt President The New School 66 West 12?1 Street New York, New York 10011 Re: Case No. 02-11-2094 The New School Dear President Van Zandt: On April 5, 2011, the US. Department of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint ?led against the New School (the University). The complainant alleged that the University discriminated on the basis of sex and engaged in retaliation. Speci?cally, the complainant alleged that the University failed to respond appropriately to the complaint of sexual assault that she made on or about February 17, 2011 (Allegation 1). The complainant also alleged that in retaliation for her sexual assault complaint, University staff delayed delivery of her mail from approximately February 2011 through May 2011 (Allegation 2). In addition, the complainant alleged that the University?s policy for responding to complaints of sexual assault is not equitable, as it permits the accused individual but not the complainant the right to appeal the outcome Of a hearing in a sexual assault case (Allegation 3). She also alleged that the University fails to adequately publish its procedure for responding to sexual assaults (Allegation 4). Finally, the complainant further alleged that the University fails to respond appropriately to complaints of sexual assault (Allegation 5). OCR has determined that it will investigate the complainant?s allegations. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681 e_t ?g and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in programs and activities receiving ?nancial assistance from the US. Department of Education (the Department). The University is a recipient of ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. The regulation implementing Title at 34 CPR. 106.71, incorporates by reference 34 CPR. 100.7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d e_t 599, which provides that: The Department of Education?s mission is to promote student achievement and preparation jar global competitiveness by fostering educational excellence and ensuring equal access. Page 2 of 7 - President David E. Van Zandt No recipient or other person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testi?ed, assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. Because OCR has determined that it has jurisdiction and that the complaint was ?led in a timely manner, it is opening these allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to their merits. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article of Case Processing Manual. Enclosed please ?nd a document entitled Complaint Processing Procedures.? This document will provide you with an overview of complaint evaluation, investigation and resolution process. OCR will collect only material needed to investigate this complaint and will take all proper precautions to protect the identity of any individuals named in documents. Please submit the information listed on the enclosed data request to OCR within ?fteen (15) days of the date of this letter. The regulation implementing Title at 34 CPR 100.6(b) and requires that a recipient of federal ?nancial assistance make available to OCR information that may be necessary for it to determine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference in the regulation implementing Title IX, at 34 CPR. 106.71. This information is also being requested pursuant to 34 CPR goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process, similar to mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is in the enclosure to this letter entitled, Complaint Processing Procedures,? and on website at http:. Also, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the enclosure entitled, Complaint Processing Procedures,? and on website at I. It is unlawful to harass or intimidate an individual who has ?led a complaint or participated in actions to secure protected rights. Page 3 of 7 - President David E. Van Zandt Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this letter and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identifiable information that if released, could constitute an unwarranted invasion of personal privacy. OCR staff will contact you within thirty (30) days of the date of this letter to discuss the complaint resolution process. In the interim, if you have any questions, please contact Miriam Nunberg, Compliance Team Attorney, at (646) 428-3830 or or Ronald L. Scott, Compliance Team Attorney, at (646) 428-3820 or Sincere] 106 owen Compliance Team Leader Enc. Page 4 of7 - President David E. Van Zandt Date Request Case No 1 [-2094 Comm"-- Please provide the following information. or note tinny af the requested information does no! exixt: l. A copy of the University's grievance procedures for responding to complaints (oral, informal, and formal) of sex discrimination, including complaints of sexual harassment and sexual assault. Also provide a copy of the University's sexual harassment and sexual assault policies and procedures. If the University does not have a separate policy and procedure to address sexual harassment and sexual assault complaints, provide the procedures used to address such complaints. Provide a detailed description of the complaint process, including ach level of the process, the length of the process, and the types of records maintained. State the names and titles of the personnel respoxuible for handling each level of the complaint process. 2. Indicate how the policies and procedures referred to in Date Request are disseminated to students, and employees. 3. If not addressed in the policies and procedures previously requested in Data Request 1 above, indicate whether the University has a separate entity/unique process for the investigation and resolution of sexual hamssment complaints, as opposed to sexual assault complaints. If a different process is used depending upon whether the complaint involves allegations of sexual assault, provide an explanation as to when a complaint would be addressed by one entity as opposed to the other; Whether students have an option to use either process; and if information is available to stude and employees regarding the differences between each process, including remedies and timeframes. 4. The name, title, oflice address, e-mail address, and telephone number of the University's Title IX Coordinator. Indicate the mcthod(s) by which this information is disseminated to students and employees. Provide copies of all publications/websites that contain this information. 5. A copy of the University's notice of non-discrimination stating that it does nal discriminate on the basis of sex in the educational proyams or activities that it operates, including employment. Indicate how the notice of nondiscrimination is disseminated to students and employees. 6. A copy offlle University's Student Code of Conduct and/or Student Disciplinary Code. 7. A copy of any materials regarding sexual harassment and sexual violence that the University distributes to students during orientation, the course of their attendance, or upon the filing of a sexual harassment or sexual assault complaint. Page 5 of 7 - President David E. Van Zandt 8. Provide an explanation of how students and employees at the University are noti?ed where and how they may ?le internal grievances regarding sexual harassment and sexual assault; and information regarding the ?ling of sexual harassment and sexual assault complaints with the appropriate state and federal agencies. If this pr0cess has changed during the course of academic year 20104011, please note any such changes. 9. Provide the name of and any materials regarding any campus focus groups at the University consisting of representative leaders from the student community women?s groups, athletes, residential assistants, fraternity and sorority leaders, etc.) and University of?cials that provide input regarding strategies for ensuring that students: understand their rights under Title understand how to report possible violations of Title and are aware of the University?s obligation to and equitably respond to Title IX complaints. 10. A description of any sexual harassment and sexual assault awareness training provided to University staff, including: The datc(s) the training was provided; The names and expertise/background of the individuals who provided the training; A description of the content of the training; A list of the names and titles of the individuals who attended the training; and A copy of any materials used during the training. 9999?.? 11. For academic years 2009-2010 and 2010-2011, copies of all written complaints, and detailed description of any oral complaints, ?led with the Title IX coordinator, administrators, professors, campus police, or any other University employee, alleging sexual harassment or sexual assault of students or staff at the University. Include copies of all docrunentatiOn related to the Student?s report of sexual assault, made on or about February 17, 2011. 12. For each grievance or complaint referenced in Data Request 11, above, provide the following information: a. The name and title of the individual with whom the complaint or grievance was ?led and/or initially discussed; b. A description of the procedures employed to investigate the complaint; c. The name(s) and title(s) of University staff involved in the investigation; d, A description of any investigation conducted by the University, including a timeline for when the University completed each step in the investigation; e. A description of the types of records maintained; A description of all actions taken by the University in response to the concerns raised, the ?nal outcome of the investigation, an explanation of those ?ndings and any sanctions, and a description of how such ?ndings were communicated to the complainant; g. Copies of all documentation regarding the investigation, including but not limited to letters, e-rnail exchanges, reports, notes, witness statements, campus police reports, Page 6 of 7 - President David E. Van Zandt external law enforcement agency records, transcripts, and all documentation related to any hearing; In. the evidentiary standard applied by the University to determine the outcome of the complaint and the accused?s request(s) for an appeal; and i. Copies of all communications between the University and the complainant or the accused regarding the complaint. 13. Describe the relationships between the University, its local police precinct, and local rape crisis centers regarding sexual assault complaints, including whether the University has a process by which it noti?es its local police precinct and local rape crisis center of a sexual assault complaint, and a description of this process. State whether the University collaborates with its local police precinct and local rape crisis center during its investigation of a sexual assault complaint. Also indicate whether during the pendency of initial evidence gathering by the police regarding a sexual assault complaint, if the University provides witnesses with information about their Title IX rights, provides resources for victims, or takes any interim actions as may be necessary to ensure the safety of any victims and the campus community. if so, provide documentation evidencing this and the names and titles of University staff who were involved. Also provide the names and titles of staff reaponsible for communicating with the local police precinct and local rape crisis center regarding sexual assault complaints. 14, State whether the University has designated a contact to be ?on-call" to assist victims of sexual assault. If so, identify this contact, how long this ?on~call? system has been in place, and the procedures of this ?on~call? system. 15. Any other publications regarding sexual harassment and/or sexual assault distributed to students and/or employees at the University that have not been already provided in response to Data Requests 1-14. 16. A copy of the University?s policies and procedures or a description of its practice with respect to distributing mail to students, including schedules and timeframes for mail distribution. 17. A copy of the University?s policies and procedures or a description of its practice for responding to requests from students for assistance with locating missing mail items or delays in mail delivery, including the name(s) and title(s) of the University or other personnel responsible for responding to such requests. 18. Copies of all intcmal memoranda, emails, notes, correspondence, telephone logs, and/or any other documentation, from February 2011 through May 2011, that pertain to the complainant?s request(s) to University staff to provide her with her mail. 19. The name, title, address, telephone number, and email address for the University?s designated contact person for this complaint. Page 7 of 7 - President David B. Van Zandt 20. Any additional infomation that you believe would be helpful to OCR in its investigation of this complaint. NITED STATES DEPARTMENT OF EIHTCATION in Ink (ML RHSH 32 r) $1 11? 36'? Hunk Ni? YHRK I-Hms (.J. 'sv'Rlx May 23,2011 David E. Van Zandt President TheNew School 66 West 12th Street New York, New York 10011 Re: Case No. 02-11-2094 The New School Dear President Van Zandt: On April 5, 2011, the US. Department of Education, New York O?ice for Civil Rights (OCR) received the above-referenced complaint ?led against the New School (the University). The complainant alleged that the University discriminated on the basis of sex and engaged in retaliation. Speci?cally, the complainant alleged that the University failed to respond appropriately to the complaint of sexual assault that she made on or about February 17, 2011 (Allegation The complainant also alleged that in retaliation for her sexual assault complaint, University staff delayed delivery of her mail from approximately February 2011 through May 2011 (Allegation 2). In addition, the complainant alleged that the University?s policy for responding to complaints of sexual assault is not equitable, as it permits the accused individual but not the complainant the right to appeal the outcome of a hearing in a sexual assault case (Allegation 3). She also alleged that the University fails to adequately publish its procedure for responding to sexual assaults (Allegation 4). Finally, the complainant further alleged that the University fails to respond appropriately to complaints of sexual assault (Allegation 5). OCR has detennined that it will investigate the complainant?s allegations. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681 e_t a? and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in programs and activities receiving ?nancial assistance from the US. Department of Education (the Department). The University is a recipient of ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title The regulation implementing Title IX, at 34 C.F.R. 106.71, incorporates by reference 34 C.F.R. 100.7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d e_t which provides that: The Department of Education 1r mission IS to promote student achievement undpreparanmi global competitiveness by fostering educational excellence and ensuring equal access. Page 2 of 7 - President David E. Van Zandt No recipient or other person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testi?ed, assisted or participated in any manner in an investigation, proceeding -or hearing held in connection with a complaint. Because OCR has determined that it has jurisdiction and that the complaint was ?led in a timely manner, it is opening these allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to their merits. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article of Case Processing Manual. Enclosed please ?nd a document entitled Complaint Processing Procedures.? This document will provide you with an overview of complaint evaluation, investigation and resolution process. OCR will collect only material needed to investigate this complaint and will take all proper precautions to protect the identity of any individuals named in documents. Please submit the information listed on the enclosed data request to OCR within ?fteen (15) days of the date of this letter. The regulation implementing Title VI, at 34 CPR. 100.6(b) and requires that a recipient of federal ?nancial assistance make available to OCR information that may be necessary for it to determine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference in the regulation implementing Title IX, at 34 CPR. 106.71. This information is also being requested pursuant to 34 C.F.R. 99.3 1 goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process, similar to mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is in the enclosure to this letter entitled, Complaint Processing Procedures,? and on website at httpa' Also, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the enclosure entitled, Complaint Processing Procedures," and on website at It is unlawful to harass or intimidate an individual who has ?led a complaint or participated in actions to secure protected rights. Page 3 of 7 - President David E. Van Zandt Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this letter and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identi?able information that if released, could constitute an unwarranted invasion of personal privacy. OCR staff will contact you within thirty (30) days of the date of this letter to discuss the complaint resolution process. In the interim, if you have any questions, please contact Miriam Nunberg, Compliance Team Attorney, at (646) 428-3830 or Miriamxunberguedgm; or Ronald L. Scott, Compliance Team Attorney, at (646) 428-3820 or Bunald?cott a cdgm'. Sincerel F?lice Bowen Compliance Team Leader Enc. Page 4 of 7 - President David E. Van Zandt Request Case No. Complninant: Please provide the following lit/urination, or rmre if any afthe requested information daex not exist: 1. A copy of the University's grievance procedures for responding to complaints (anal, informal, and fot'mnl) of sex discrimination, including complaints of sexual harassment and sexual assault. Also provide 9. copy of the University's sexual harassment and sexual assault policies and procedures. If the University does not have a separate policy procedure to address sexual harassment and sexual assault complaints, provide the procedures used to address such complaints. Provide a demiled description of the complaint process, including each level of the process, the length of the procms, and the types of records maintained. Suite the names and titles of the personnel responsible for handling each level of the complaint process. 2. Indicate how the policies and procedures referred to in Date Request 1 are disseminated to students, and employees. 3. if not addressed in the policies and procedures previously requested in Data Request 1 above, indicate whether the University has a separate entity/unique process for the investigation and resolution of sexual harassment complaints, as opposed to sexual assault complaints. If a different process is used depending upon whether the complaint involves allegations of sexual assault, provide an explanation as to when a complaint would be addressed by one entity as opposed to the other; whether students have an option to use either process; and if information is available to students and employees regarding the differences between each process, including remedies and Limefrarnes. 4, The name, title, office address, email address. and telephone number of the University's Title IX Coordinator. Indicate the method(s) by which this information is disseminated to students and employees. Provide copies of all publications/websites that contain this information. 5, A copy of the University's notice of non-discrimination stating that it does not discriminate on the basis of sex in the educational programs or activities that it operates, including employment, Indicate how the notice ofnon-discrimination is disseminated to students and employees. 6. A copy of the University's Student Code nfConduetand/or Student Disciplinary Cutie 7. A copy of any materials regarding sexual harassment and sexual Violent/e that the University distributes to students during orientation, the course of their attendance, or upon the filing of a sexual harassment or sexual assault complaint. Page 5 of 7 - President David E. Van Zandt 8. 10. ll. 12. Provide an explanation of how students and employees at the University are noti?ed where and how they may ?le internal grievances regarding sexual harassment and sexual assault; and information regarding the ?ling of sexual harassment and sexual assault complaints with the appropriate state and federal agencies. If this process has changed during the course of academic year 2010-2011, please note any such changes. Provide the name of and any materials regarding any campus focus groups at the University consisting of representative leaders from the student community women?s groups, athletes, residential assistants, fraternity and sorority leaders, etc.) and University of?cials that provide input regarding strategies for ensuring that students: understand their rights under Title understand how to report possible violations of Title and are aware of the University?s obligation to and equitably respond to Title 1X complaints. A description of any sexual harassment and sexual assault awareness training provided to University staff, including: The date(s) the training was provided; The names and expertise/background of the individuals who provided the training; A description of the content of the training; A list of the names and titles of the individuals who attended the training; and A copy of any materials used during the training. 9999?!? For academic years 2009-2010 and 2010-20l 1, copies of all written complaints, and detailed description of any oral complaints, ?led with the Title IX coordinator, administrators, professors, campus police, or any other University employee, alleging sexual harassment or sexual assault of students or staff at the University. Include copies of all documentation related to the Student?s report of sexual assault, made on or about February 17, 2011. For each grievance or complaint referenced in Data Request 11, above, provide the following information: a. The name and title of the individual with whom the complaint or grievance was ?led and/or initially discussed; b. A description of the procedures employed to investigate the complaint; c. The name(s) and title(s) of University staff involved in the investigation; d. A description of any investigation conducted by the University, including a timeline for when the University completed each step in the investigation, e. A description of the types of records maintained; f. A description of all actions taken by the University in response to the concerns raised, the ?nal outcome of the investigation, an explanation of those ?ndings and any sanctions, and a description. of how such ?ndings were communicated to the complainant; g. Cupies of all documentation regarding the investigation, including but not limited to letters, e-mail exchanges, reports, notes, witness statements, campus police reports, Page 6 of 7 - President David E. Van Zandt external law enforcement agency records, transcripts, and all documentation related to any hearing; h. the evidentiary standard applied by the University to determine the outcome of the complaint and the accused?s request(s) for an appeal; and i. Cepics of all communications between the University and the complainant or the accused regarding the complaint. 13. Describe the relationships between the University, its local police precinct, and local rape crisis centers regarding sexual assault complaints, including whether the University has a process by which it noti?es its local police precinct and local rape crisis center of a sexual assault complaint, and a description of this process. State whether the University collaborates with its local police precinct and local rape crisis center during its investigation of a sexual assault complaint. Also indicate whether during the pendency of initial evidence gathering by the police regarding a sexual assault complaint, if the University provides witnesses with information about their Title IX rights, provides resources for victims, or takes any interim actions as may be necessary to ensure the safety of any victims and the campus community. If so, provide documentation evidencing this and the names and titles of University staff who were involved. Also provide the names and titles of staff responsible for communicating with the local police precinct and local rape crisis center regarding sexual assault complaints. 14. State whether the University has designated a contact to be ?on?call? to assist victims of sexual assault. If so, identify this contact, how long this ?on-call? system has been in place, and the procedures of this ?on?call? system. 15. Any other publications regarding sexual harassment and/or sexual assault distributed to students and/or employees at the University that have not been already provided in response to Data Requests 1-14. 16. A copy of the University?s policies and procedures or a description of its practice with respect to distributing mail to students, including schedules and timeframes for mail distribution. 17. A copy of the University?s policies and procedures or a description of its practice for reSponding to requests from students for assistance with locating missing mail items or delays in mail delivery, including the name(s) and title(s) of the University Or other personnel reSponsible for responding to such requests. 18. Copies of all internal memoranda, emails, notes, correspondence, telephone legs, and/or any other documentation, from February 2011 through May 2011, that pertain to the complainant?s rcquest(s) to University staff to provide her with her mail. 19. The name, title, address, telephone number, and email address for the University?s designated contact person for this complaint. Page 7 of 7 - President David E. Van Zandt 20. Any additional information that you believe would be helpful to OCR in its investigation of this complaint. THE NEW SCHOOL 55 WEST NEW vokK. NY mun ON CAMPUS 0N CAMPUS DORMITDRIES EAST mu mm MW An Svkorski mum TFO sandal--stand mm nmalc 5mm -lvd have M:qu counsel wish he: ngamu he! will whHebmh Wm: I Form mom hanging out UII bed I monm ago The and KYFD Wu: minim Th: Sukcm! viDKlmi UM mid--may mm m: mc m, ram 32% ammo, 1 VIM slxoksxx Page 1 AIM Rem Judicial Act New Sdmul um>>.in Panama. Leun' Gm Geman hy' Gunny-mu! an: August 25, mm \on Incident Report mum-n numm: 201mm Incldanll-m: 212mg" um AM Im-Jaom m: Na 2/23/2011 -- Inna-m mum Penamg I fly emu-rm: FunD~Dn Lam Gen: 7 Fauna MA mama by: Remem Fa! PeHiwna wan-um): warm): Student 7 Resmenl: Mw Dunner Zen Resident: Han. Lac-Klan; Sluy Park Residence Ram: No Room 5min: lunafinn Hummus): M4 zu RA Pal veoeived a pmme mH wan- Secunly saying um mm was a gm dawnsiaus \s amng harassed by Inomav swam am would like A snap RA rm wenl downsca and max me gin 10 me RA awoeto menu We many--bum ma RAXMI has an" namsmg her by her duurbsH numemu: limes mmugnom me any and leaving facebook messages on wwan SM sam that an starved on Vale 's Day and lhal hemld hen would you: you my me vest av my Mew man she mspacflu'ly ammo hs iwuauun, He ammo, rings ma arm hall mm(last (my are mm in me Jan school). 'rus dismirg all or he! ulna roam mam: and making mar: Imus quite mm wan m: (a oenlfiamo Secunxy was mm mg the Gimme" we AM and men -answeud me mm salfl h: wa: jufl Prewausl -wm |o ma my; mom" ask Ms room males why he slap pm!" my laid her nm (wk a have 0! absence \as! semesicv am me huspm for"pamnma" RA Pan calYed RHD Lucas and may agreed Iran-should met mm RHD Kelhr (Qday. I menu-nu Mm . Risgonaoen ii: -- Ram's-m Iyp 5mm 5.1mm: um: Omsk". pm: Judic'a' Pam Raw-mam nam: -- mama-m m. -- Rupondlm smuem Sendai: Fsmate Duclnlon paur Juaiam Pam 7f 761(de MM P119: 1 0H I I newm' From; Student RF 7! Responslbillfles Tn: Date: 2/24/2011 11:00 AM Subject: Please Contact Student mm and Responsmilitles near- I receNed Informaklon from housing staff al the Stuy Park Resldence Hall that, if accurate, WIN place you in Vialation of the University Student Code of Conduct Section. I am the process of reviewing me information and would We to discuss Khe mailer with VOU nnmediateoy. You must mnlact my office upon reoelving this e--mawl. I would like u: meet you may, Thursday, February 24th, Failure to cvmact me within the time specified can result In disciplinary acllon taken against you' Please contact my omce at (212) 225-5349, extension 3653 or respond to U'Iis email to confirm a lime to come in mday. I mm to. hear from you, Sinterely, Gene Puno--DeLeon Dream Student Rights and Responsibilltles 79 Film Avenue, 5m Floor New Vork, NY 10003 21 2.229. 5349 21222910906166 FAX Gan-valid mum um' Gene NM 5mm comb-d un' February 24.21111 Incidem of war emu ma-es are main their lives mm. unrme Wnal mum her to :amming Sammy was (hm- rang mg ounmeli in 4:00 AM and when nsws'ac me door aha zam he was just smfling, meauslw-went In: buy: room ask ms mum mazes why slog mu may 1am he! man he luuk a leave or absence \as' summer and wem in me hasuflal [01"paranora" RA PM callad RHD Luca; and <From: Student To: CC: Joyce, Kelly; Noble, James Dara: 2/24/2011 4:05 PM subjed: Your relocallon a new dorm. near-- 1 am writing no follow up on our meeting today, Feb. 24th, regarding the incident report and me allegation against you. As i told you during our meetingPark Residence Hall and into Loeb Residence Hall, Your relouflofl is You should pack as much or your belongings as you an this evening and report to Loeb Halt You are vequired to move Lee!) Hall is located at 135 East 12th Street, between 3rd and 4th avenue. Plaase report 0 tonigntm get your new keys and move into your nan room. The housing office in Loch Hall will be open between the iiours oi7prn and 10pm and housing staff wlli be on duty to he") you. The Last) Residence Hall Director ls James Noble. Vau will not be allowed to return to Stuy Park wnhcut prl'ur permission my office until further notice. A formal written outcome letter irom my office will be provided to you as soon as possible. rhis letter will ccnteln my final decision on the allegations we discussed during our meeting today, Should you have any further questions regardan your move, please do not beam: wnact me at (212) 22975349 cod. 3653, Slnoerely, Gene Puno--DeLeon Director student Rights and Responsibilities 79 film Avenue, 5m New Yovk NY 10003 212.229.5349 21211910905166 FAX srr(R)newschoalad unmoutmmum mmwmum 'l'll'llflii 3% Jil'ielii'ihfi i. March 7, 20] I Fwy Park Res enee l-loll 3|8 East 15'" Street,- New York, NY 10003 am writing to summarize the diseussion and outcome drour disciplinary review meeting on February 24. 2m 1. Also present at this meeting was Mr. Justin Lit Assistant Director of Student Support and Crisis Management. As you are aware. I received lnformalinn by means otau incident report from housing staffat Stuy Park Residence Hall alleging that you have been harassing another student. According to the report, you had been ringing the student's doorbell numerous times throughout the day. You also posted a Fecebook message on her wall that sald love you'nd I will for the rest orm tire." The student also reported that you recently rang her doorbell around 410" AM and when she answered the door, you stood there smiling. At our meeting, you said that you may have been steepwalking, that your roommates told you that you sleepwalk You said that you reohlled the 4:00 AM ineident as a "strange memory." You also said that you know you should not have donethis and that you want to apologizcto the other student. Based on my review of the incidenL I find that there is su lecienI information to support the allegations as stated above, Accordingly you were tottn__tl in violation orsmiott ILA.1 1Gencml Miswndugjh my ILAJ Disorderly Conduct and Stella! My; flagging offlle Universifi Singing Code of Lignellfl. You are hereby "and on diuigllnan' probation (or the 2011 semesters we also been on ted on! Ridcnee Hall and into Loch Res Bum Hall. You were notified via e-mail that you are banned from entering Stuy Park Res encts Hall until further notice. 1 also instructed you not to contact the student for any reason During our meeting. you mentioned that you and the other student have a class together that meets twice a week. However, neither otyou need to interact during class. 1 instructed you not to speak to the student for any reason. You are strongly advised to refrain from engaging in any activity that violates the Student Code of Conduct at any other point in the ?iture. Further violations ofthe Student Code of Conduct, especially of a similar nature, or other University policy will result in additional and harsher disciplinary action against you. Should you wish to appeal this decision, please refer to the appeal process outlined in Section of the Non-Academic Disciplinary Procedures. Speci?cally, you would put your appeal in writing to Thomas J. McDonald, Assistant Vice President for Student and Campus Life, 79 Fifth Ave. 5'h Floor, New York, NY. 10003 or at mcdonaltt?inewschooledu. Please be aware that you also have the right to request that your disciplinary rccord(s) be expunged. Details regarding the university?s Expungcment Policy and the request process can be found on the Student Services and Student Rights and Responsibilities website via As an institution of higher learning, The New School af?rms certain basic principles and values, including respectfor law and adherence to fair rules and regulations. We expect members of our community to uphold and abide by the basic principles and standards of behavior that underlie our educational purpose. It is my sincere hope that you utilize this experience as a learning opportunity and take advantage of the educational opportunities being offered to you. Should you have any questions, i can be reached at (212) 229-5349, extension 3653. Sincerely, ls/ gone yw%.%w Gene Director Student Rights and Responsibilities CC: From: Student Ri N5 Responsibilities To: Date: 2/24/2011 1!:02 AM Subjem Request for a meeting near-- 1 recewed mmfim from housan staif at me My Park Resmeuce Han regarding another student,- 1 am the pnxess of Ie'wewmg me infunnaflnn and wuuld We to dlscuss the modem you and offer any furthe: assisnance or suppon met you may need Please contact my office at (212) 2295349, extension 3553 or respond to this emai' with your avauabimy to meet wim me as soon as pussxue. Sincerely, Gene Puno>>DeLecn Director Student Rights and 79 Fiflh Avenue, 5th Hoar New York, NY 10003 2121295349 212.229.1090/5156 FAX sn(R)newschooleedu To: en ig Date: 2/24/2011 1142 PM Subject: Re: Request fora meeting He'll). i am available monday 3pm Thank you me ooncem, Smdent ih5& Rasmnsibililiss 02/24/11 11 02 AM Dear I received intermanon 1mm housing stafl at me smy Park Residence Hall regarding another sludenL- I am in the process of reviewmg the Information and would like Io dismss the incider With you and ofler any 1Dnhel assistance or suppon that you may neeu Please [:0an my (fine at 229-53491 extension 3553 or respond to this irmail With your to maakwim me as soon as pussibie Sincereiy, Gene Puno-DeLeon Director Smdent and Respens 79 Fifth Avenue, 5m Floor New yum NV 10003 212 229.5349 212223109015'66 FAX slr@newschooi ecu From: Student R'ghls Responsibilities To- 2/25/2011 9:36 AM Subject: Re: Request fora meetmg Thank you for wnung me back. 1 can meet with you on Monday at 3:150m. nopemat is uk. My affine \s at 79 5m avenue, between 15th and 16th mas on the: 5m floor. Have a good weekend. M, Gene Student Rights and 79 Avenue, 5th Floor New York, NY 10003 2121295349 212.22911090/5166 FAX 11:42 PM Hello, i am avauable monday at 3pm Thank ypu for me concern, Student Ri Responsiblhties 02/24/11 11:02 AM Dari I received infwnadan lrom housmg Starr at the Stuy Park Residence Han regarding another student, - I am in the proness a! reviewmg the Inmrmah'nn and wou1d like to discuss the Inmth with you and offer any furmer assistance or support that you may need. Please Contact my office at (212) 22975349, extension 3553 or Itspond to e-mail with yuur availabwlity (0 meet with me as soon 35 DOEib'e Sincerely, Gene Pum-Duleon Director Student Rights and Respomiusuues 7s firth Avenue, 5m Floor New York NY 10003 2x12295349 21222110905166 FAX Qne hookedu From: Student Rants Responsibilitwes 10: Date: 3/2/2011 12:35 PM subject: Missed meeting Henc-- lam follow up on our lasl emans, We were supposed to meet at 3:15pm on Monday. I would sull like to meet with you no review what was reported my m'fice and to answer any questions mnoerns that you may have Please let me know when you can come In a; see me ms week. Besn Gene Pum-DeLeon Student and 79 Finh Avenue, 5th Floor New Vork, NY 10003 2111295349 212,229,1090/5166 FAX me: Maureen To: Date: Subject: Re. Mee ng tn the counselor at The New School - Hi all, -Gene PunoaDeLecn from Student Rights and Responsibilltles sent an email to your New sanool e- I box earlier In the week so that you can reschedule the meeting item Monday. You can respond to that email yaur available dates/times (outside of when your classes are scheduled) and I be on hand at that meeting item the support side. if you would like to talk oneon>>one, I am available to do that as well -- just let me know when you would llke meet. Please dm't hesitate to corner me WIth any questions or CnMems I lack forward t0 meeting with you. Best, Maureen Maureen Sheridan Director, Student Support and Cr'sis Management The New School 79 am Avenue 5th Floor, 531 New york, NY 10003 P: 212129--5900 X3189 F: 212429-9217 sheridam(C) newsmooLedu The email and the information Il'l this message is confidential information, intended only tor the use of the lnleldual or named above. if the reader oitnis message is not the intended recipient, you are hereby notified tnat any dissemination, distnbutlon, or copy at this cummunlcamn is strictly pmhiblued. If you have received tilts communication in error, please notify us Immediately by telephone at 212-229- 5900 x3139 or reply by e-mail or scam the message. Thank you. I'm sending out this email to you and to a counselor at The New School~ Maureen Sheridth so that the two or you can schedule a time to meet. - M5. Sheridlan said that she would entail you some times and then you would need to email her back when you can meet. Maureen be able ta talk wlfli you-about the Support the Counseling office (2n give you. -cel ls-- LOVE. Mom um Sui-qu unIvaIy annealed by: Bamako-1 an: Incident Report puma-De Leon. Gene August 25, 2011 Incidlnl numr: 201000333 Incimm am 2/11/2011 Incmmiim- II so pm No Kuhn-II um. 2/11/2011 Judicial mponmnfiail -- Enchant lfltul: Pt)an manqu: PunurDu Lean, Gm Police <> anmher sludem. Iaskizd mu moughi (mm immune" and Carla: gamma in both -and women was locazoa. They raphed mi he was wax-In. I lequeslafl-and (o aoccmpany me In Res new We onioe so Ievel in mder In lemme mm (mm me busy lobby ma an In! way In: bafiemam I Ii. RA's an duty' Dom (Small and NE): Smith. Mm am ml have cell mane" in lhe basemenl Iasked mm in accompany me. wma in me am>> the two mime" explamod Inn loIIawmg mm; [1 was -we weie culling and Imenmg Ia mum -were pmem in "12 mm Aim poinn- flamed um. hale you' and moved mass menu-1e came up lo ms and 5mm "play min me mm. scam ma I 'Na' geI not me! We've aiveady IaIkea muI mu. I'm rim guy."- men 'grabbsd my cmldi' and IiId "l'm sao'eus' as Much I tinned yeIImg 'Dnn'I tucking touch me like mu -men receded I0 <> am In security] mum-aim his mlzdunahip wim- and nrior conimmaiions. [We as "swig a wnflIcl/dIsagxeemem wIth-he was placed crush on me am I Nada my clear like mat Yeah he's "Med and am In In: nu, ma nu: ike INS This wag WM - saw wimI haw!!va Iasm when-< say may was in me mum lisllaning |n mink: and men 1815! llealied He slam kissing -and ginning ni- c-olcn Then he wa1l lnin (he xnciia an gel 3 mm Ansr inis verificallcn mm a Me was "dead wialdaa in ma building. 1 immediately washed-in wiln Sammy knew um lna supelearwas on in: way via Mlsa saml a sacurly woerwa: sean lm-logala news update on_ skad ncurliyin gall NYPD Ccnez me me call 10911 and relaycd (ha minim)" anally spoke min -sbouk sunail slala. all, ysan, I'm a Hm: shocked, Em ma! could you axpaci altar inal. laefinilely fell ~nlaaranad, It was a sexual assnuh lalm iaal gain, Mans: dun'| wani la gm anyone in lloubla cr niln anyuna's Ms Dr :ny'hing Ike lnal Ovalall. raal at Vail A l'nlla shook up but I'm ax Mali mnnonanle leaving- wlin RA Dem-and-- I went upslaiia < lo spake a we - - us sad but mask: happen, Imean. yuu can um do mm. apymach salmon: and FUN a knife amv I'm szuloksaid that he was commune ramamw :inm me incidenl hivvsneflelseumre A1 (his up olnffioers asked to rm leper-x hick w-xo vdanfify m: kn": Molded We wem nu am mamas-1m: mm which was xnun :Dnhwahd by pom sawed James, RHD an all, ind warmed him cube simwn 1 ussunad mm cm arms awning at 559m swim 49AM war-m make sum (he lane! deve'wmens an: nae umat mm M: demeanar hehugs renuan lhe same. \wem wan Dam wk In: Misc-10 a-mv James when SIuyPfirk shock We dammed as a group and wsnea security In maka 5w! had lhu namisary Wmmahon gamma ream; _le|umed 9mm hne' outmg. Jamsmk a < manna-nun>>: wlummzm'fll l. February is, zol Dear- am writing lu the discussion and outcome ornty disciplinary review meeting with you on February is, ml 1. The purpose of this meeting was to review a report filed nguinst you that ilmumte would place you in violation ofthc University Student Code ofContlucl Sections ILAJ (General Misconduct), ler.z (Disorderly Conduct), (Harassing Conduct). ILAA (Physical Harassment), and As you are aware, I had received tin incident repon front housing staff alleging that you touched a student inappropriately and without his oonsont, that you grabbed a knife horn tho kitchen afler he yelled at you. According to the other student's version of events as stated in the report, you and the student, along with your roommate. were in your suite talking and listening to music. You then allegedly started to "play hit" tho other student, started kissing him, and him by the crotch. Tho strident kepl saying "Nor No, Get nitrite!" and utso allegedly yelled "Don't fucking touch me like that." The report states that you then went to the kitchen and returned to the room oanying a "big knife." You also allegedly said "What you gonna say non/z" Acoording to your version ofevents as stated in the ineidont report. you allegedly were joking around, that you were "play hitting" the other student, that there may have been "private touohing." You stated that you did get the knife from the kitchen but denied threatening the other student, that you were not even close to him. and that you werejust "playing around." As a result orthis incident. the student slerted security and housing start, who also alertod the New York city Police Department ero came to the residence hull, spoke to you, spoke to the student who reported the incident. and spoke to your roommate who witnessed the event. You were then taken into custody by and taken to tho 13'" Precinct. You were also banned from entering the Stuy Park Residence Hall until further notieo. At our meeting, you stated that you and the other student were ?casual friends? and that you ?always play argue? and ?play hit.? You said that you did say ?i hate you? but you were playing around. You said that you were not kissing the other student and that if you did grab his crotch, it was not intentional. You admitted to going to the kitchen to get a knife, which you described as a ?let knife. You told me that you couid not explain why you got the knife, but that you did say to him ?What you gonna say now?? and that you were tapping the knife on your knee while doing so. i remind you that on January meeting with my of?ce to review previous reports of your conduct in the residence hall as well as during class. Housing stall? had temporarily relocated you to another suite pending your disciplinary meeting with me. At the conclusion of my review of the previous incidents, 1 gave you written warning as set forth In my loner to you dated February 9, 2011- In that letter, informed you that further violations ofthe Student Code of Conduct especially of a similar nature, or other University policy, will result in additional and harsher diseiplinary action against you. Based on my review of this current incident and in light of the previous incidents, have serious concerns as to your suitability as a member of The New School community. Thus, I am referring this incident to the Assistant Vice President for Student and Campus Life for further review and adjudication. According to and consistent with Section ll. B. 2 [Interim Sus ension of the NoneAcademic Disci I Suspension pending a review of this latest incident. 1 informed you during our meeting that while you are on Interim Suspension, you are not allowed to attend classes or participate on any on- campus events. You can expect to hear from the Of?ce of the Assistant Vice President for Student and Campus Life with further details. Your housing privilege has also been suspended. My office will notify you in a separate letter of a deadline by which you must remove all of your belongings from the Stuy Park Residence Hall and instructions on who to contact in order to do so. Please be aware that you are now Persona Non Grain and are banned from entering all rgjdence halls and all university buildings until further ng?cg. I strongly advise you to review the Student Code ofConduct and the Non-Academic Disciplinary Procedures, which can be found on the Student Rights and Responsibilities website at tudentservices/rights. Pay particular attention to Sections ll.B.2 (Interim Suspension) and Ill.B.3 (Level II Review) of the Non-Academic Disciplinary Procedures. During our meeting, 1 gave you a hard copy of the University Policies Governing Student Conduct handbook. As an institution of higher learning, The New School af?rms certain basic principles and values, including respect for law and adherence to fair rules and regulations. We expect members of our comm-unity to uphold and abide by the basic principles and standards of behavior that underlie our educational purpose. Torn McDonald 7/26/11 MN RS Thomas McDonald, Tom. Assisiant VP for Student and Campus Life. Oversees 5 offices at the University, Office of Studem Development and Activities, Office of Carey Development. Student Rights and Responsibilities, Smdent Disability Servicess Been in current Since April 2009. Been at the University since May 2001. Until June 2004 was Director ofStudent Services was then promoted to Managing Director cl Student Affairs until April 2005. Duties with respect to Sit/assault, Follow policies -and ifthere is a complaintto be investigated will follow those procedures. lithere is a case of sexual harassment will meet with the student who lodged that complaint, then will meet with Human Resources to work with statlrnemoer, in a case of sexual assault -- works with student rights and responsibilities so will help adjudicate those cases. Sexual harassment by an employee -- meets with HR, it It's SH student on student would meet with tooth students separately. Walk us through the process if a student comes in to the office of rights and lra student comes in and files a complaint, the directorwill alert him. They review the procedures irrst. Cases of sexual harassment or assault. The student meels with at office and they let him know about the case. Specifics may vary. First meet with the student, explain the process and reference the policy and procedures. There are 2 separate policieseassault and harassment have 2 separate policies. Sexual Assault Policy in 5th is this the policy that is currently rn place? This is the new policythat wasiust started in the spring semester or 2011, April it was approved, Exhibit 2b is the one that was in place when-nade her complaint. Looked at p3 oi this policy where it references the nuns/Academic Disciplinary Procedures. These are connected to the code of conduct and are included as exhibit 4 -- they Explain how to investigate violations of the code of tonduct. if a Studem waives the right to the panel, VP or he? designee can review the facts Under the new policy, what standards does the panel use to determine whether the allegations are sustained? They will be training the panel and pulling one mgelher for the star! of the academic year. Generally he is present, as Is the director of (he office of righrs and responsibilities, they introduce themselves, lfit's a panel, he is neutral and makes no determination as to responsibility. Then Will present the allegations and the report. Depending on who is available and who comes in, ifthe accuser wants to present to the panel, that is allowed. Otherwise can write a statement and he orthe director or R. can reads Accused comes in and ifthey want to make a statement to the panel can do that. If there are any witnesses can make provisions for them to come in. No one in the room at the same time, done separately Panelthen discusses in his presence Dirof whether the allegations are sustained and what sanctions to recommend. He then brings it to the Senior VP to determine sanctions. In new policy, panelists are selected by recommendation of the faculty student senate see p3 of policy. Panel uses preponderance of the evidence. Under the new policy haven?t had any complaints. No evidence would be excluded. Past sexual history or character of any party not admissible unless highly relevant. See p. 4. Accused has the right to waive the panel. Does the accuser have any say in this? No. if the accused waives the right to the panel, how is it determined that allegations are sustained? Accused can only waive right if they accept responsibility. If they don?t accept responsibility, the panel is the sole fact finder. in your own words, what does accept responsibility mean in the context of the new policy? Accused acknowledges that s/he did what was accused of. This policy only applies in cases of sexual assault, not sexual harassment. Does this apply in a case where a student comes forward and says that someone has done something but doesn?t wish to file a complaint with police? If they don?t want to file with the police they still initiate action, which is the case even if they don?t want to go forward with a throw] complaint. It depends on what information they share if the information they present is something that would be a violation of the sexual assault policy would tell them that they would have to follow through with the investigation for the safety of the community at large. in the case where a student comes to the university and alleges that a sexual assault has taken place, and chases to file a formal complaint with the university but not the policy, have you encountered this? Yes. Student has the right to go to the police on their own and doesn?t necessarily get in the way of the process. School is still obligated under the policy to take it seriously and investigate and adjudicate. Have you encountered a situation where the student declined to file a formal complaint and the university pursued it anyway. No. Policy currently in place for investigating complaints of sexual harassment that aren?t sexual assault? Exhibit 5. Summary of the procedure that is followed if there is a complaint of sexual harassment: He does the informal procedure, so meets with the student first. Sometimes get it in writing, and then calls in the student. Sometimes the student goes to the director of student rights and responsibilities. Reviews written complaint and then asks questions. Explains to them what the process is, shows them policy and prints out if they want it. if it?s a staff or faculty will contact HR and meet with faculty and staff along with HR. After that HR will take the next steps and tell the employee what the conclusion was. statemenL and his statement. There were some similarities, He claimed that everything that occurred was consensual and there was no farced or unwanted sexual activity. Could not determine which version of events was more credlble, Were there any witnesses? - had mentioned that there were Witnesses who had seen her to the room and had to be carried. They did speak to the witnesses and said she was not stumbling and didn't appearto be intoxicated or have to be carried to the mum. Standard he was using was whether or not he could determlne with reasonable certainty that events did occur. How does the standard of reasonable certainty differ horn preponderance of the evidence? Preponderance ofthe evidence is whether there is more evidence on one side orthe other Reasonable certainty is whether he felt that there is enough information available for to decide that it did occur or did not occur. when one person is adjudlcatlng would look to see ifthere is more support that it did occur. And if he couldn't determine if it did occur or didn't, What other factors other than witnesses would you use in assessing credibility? Would look at both statements and try to see ilone student was more credible than the other in the information they were providing where does the standard reasonable certainty come from? Not sure if it is written anywhere in old policy. In terms of intermediary services provided between the time of reporting and the time of adjudication, who is responsible for this? Depends on circumstances-- is it reported at nigh], do students live on same floor, did student report to the police, etc. Are Very clear to students that there is no canted and no retaliation, Asks whether they have contact and are in same classes, etc. The circumstances of every case will determine the specifics of whatwill happen. who do they see tirst, when do they make the complaint. 'rhe basic spirit is to protect the spirit, take precautions for safely and the student's well being Make both accused and accuseraware of counseling and health services, Not a pleasant experience for anyone Before you make the determination, find that the students are supposed to be togethereither in classes or dorms orcaleteria, what do you usually do? General rule separate the residence. Could be exceptions to that if students don't care that they are in the same residence Safety and well being is the priority. is there a particular dorm that you would move the accused do? would depend on the gender. Males and females not housed in same room, though they are on the same floor. Under the old policy, did the procedure for handling these complaints change if drugs oralcohol is involved' Follow the same procedure, wouldn't be altered if a student has been drinkingcr doing drugs. There's also a formal process a: well person filing the complaint can go formal il wish. If it's a student who is accused are able [0 adjudicate "Normally -- works about 99% of the lime Doesn't retall a case of student agai'nst student sexual harassment, In pollcles define d'ifierencs between harassment and assault and that's what they follow. Policy for sexual assault complaints. does the university have any guidelines or policies for when they would directly contact the police in a sexual assault use" They wanted to know if we meant campus security Campus security. They always let campus security know -- this is the police forthe campus, Does campus security automatically contact the police? Tell student that they can always speak to someone in security and they can help them go to the police if they like, ifthe student didn't want to call the police directly, would notify security and then let them make the call to the police if necessary. in of the old sexual assault (exhibit can you summarize the main diiferences between this and the new one? One of the main differences is that the choice ofwhetheror not to go to a panel has changed. Under old policy it meant that someone in the office of senior v9 -- generally him 7 would determine responsibility if student waived tight to panel. Now it's always the panel unless admits to wrong doing, Also, the definition ofsexual assault has been ciantied, standard ofreview, definition of consent has been clarified, Title 9 designation in the new one as opposed to the old one. Also took a look at readability. Tried to avoid havingtoo many links and references to other policies-- this all started in summer 2010, Prla! to that had been interested in having most robust pOliCV-- but went to conference and worked on revising the policy, Wanted it to be ciearforeveryone to understand Standard of review was clarified -- can you explain specifically how? Claritied that the aid policy is in 2b. New policy says standard of review is preponderance oi the evidence. Actually it looks like 5 and 1b are similar, but not sure which is old policy. 'l'hey will clarity. KT-- current SH pollcy In 2b was snapshot of old pollcv taken from the website. Exhibit 5 current policy on harassment. Current policy in Exhihlt is up on website now. will tind the date and email to us. in the event that you determined that sexual assault had taken place, what stepsdid you take for both the accuser and the accused -- under the old policy? In the two cases he adjudicated there was no finding of SA. --patch yes, Walk us through the process starting with the time when you were notified Received an incident report that was filed With Office of it. Was lound to be accurate. Referred the case up to him from De Leon. Met with-and talked about the polioy and procedures Communicated with-- Explained to him his right to the panel orto waive Metwith him and reviewed the allegation and allowed him to respond. in this case couldn't find with any reasonable it did ordid not occur, It was about something that took place in a room where there those two were. Had her Intoxication doesn't excuse Inappropriate behaviorl Eg if they start throwing chairs around what about consent? Does it negate consent to sexual activity? The! is very fact specific. Could speculate about various scenarios. Under the old policy, what wasihe standard forwhether intoxication negated consent? Nothing under old policv, Would have to speculate in this case with-she said she was Intoxicated but the witnesses said she didn't appear to be that way, Chain of command for dealing with all things related to sexual assault or harassment: Student with a complaint of sexual assault ofharassmeiit would meet with him first, be In communication with HR iffaculty orstudent rights and responsibilities about what happens next. He is the liaison with the student, Makes the initial Contact and his role IS to support the student and make sure that the process is followed correctly. Keeps the student inlormed of what's going on, etc. In case of sexual harassment he is the person In the university who deals With those. They might get to the director ofstudent &r first, but then he takes over even if they have dealt with Gene first. What is the role of campus Security? What is the interaflion between the two shims? They refer all Students to Student R. Communication is Strong, Any case where a Student reports a Case of harassment to them ifit involves another student Security will reier to butlf not then doesn't. when the harasser is not a student, but the victim is, does get involved in that? Absolutely If a student goes to security, they will call and tell them about it even iithe accused is not a student. Student services job is to take action to help students. In terms afthe reverse notification, it was our understanding that you notify campus security of $525 involving sexual assault -- is this in every Instance? Ves. Also inform students orthe importance or going to the police, At the point when this case was filed, how were students made aware of how to file a complaint? Available on school website arid es freshmen do an orientation about the policies. Also give them handbook Used to do in person orientation about the handbook. Now with the volume ofstudeiits had problems getting them together. Tried online orientatlon with success. For students who live on campus the RAs will meet and go overthe rules. Orientation is a multiweek process, where there is a weekend and then a welcome weekend. For all new students coming in there is an in person orientation. There is also an online sexual haressmenttraining students can take before coming. lsthere any aspect oforientatiun whether in person oronllne that focuses on sexual assault on campus? It's addressed but not in great detail, New policy has a huge enhanced educational component that is happening now -- the opening or school is 3 weeks, so there is a student services ed committee. Have been meeting with representatives . Chairs the committee to deal with this to do training throughout the year--nut lust sexual harassment but all sorts at health related issues like alcohol. Developing a training program torthe hearing panel. Scheduled to take place early sepl -- some scheduling difficulties There will be an onllrie training ror all students on sexual harassment and assault. Not mandatory, recommended and advised. To make it mandatory wouold have to have same sort of consequence like a hold on their registration. Vclu mentioned Student handbooks-- is the SFXUZI assault policy In there? Gave us 201011 one, new policy not in there. The one fertile new year probably was primed before the new assault policy was put ln place so it might not be in there old handbook had the sexual harassment policy in there, but doesn't think the sexual assault policy was included Pollcy on line has anyone ever said that it was hard to find on lme? No. How would you go about finding lt? There ls a search runction on the website that bring you there. As a student they would just go to the web page, and wouldn't be the pollcy. idea is to make lt as student usable as possible so had it in as many places as possible is is the homebase stun so try to entorce the message overand over again, Clarity title --as the assistant directnr of student life, oversees uffices, one at which is is there an internal website tor students orare the policies available regularly on line in the same way? There's the regularwebsileforevetyone that requires a portal. The policies are available on the regular website that is available to everybody Not sure what is in the portal. Thinks that nothing is ditterent In the portal. The idea is that students shouldn't have to log in to find a policy It's on the main website dldn't change dunng this school yeario ills knowledge. lfa student comes to you With a sexual assault complaint, you said that you go overthe policies with the student. Do you actually provide the student the policy? show them where it's located and ask them if they want to print it out forthem Thinking they might lust keep 20 copies Any time anyone comes in with a complaint orsexual harassment will showthem the policy as a routine matter. lob ls to work according to university policy to help students, In Orlentztinn and at varIDus times thraughuut the year, the existence of their office is stressed to them it you go lnto My New Schucl, there is a list orthe various offices for students to use -- is included Also do a tremendous amount otoutreach to the other onlces and have a very good working relationship with all 3 schools at the university. Knows the advisors etc. Almosteyery day or the week gets faculty members calling them to ask if they are the correct office to rater a student to. KT: even though it's a large, complex university, there are a tow offices that are centralized, and student affairs are one otthem. Everyone knows where all things student related should go. Understanding is that she went to a taculty member who told her (can't rememberthis person's name) to go to at R. Met with Gene who according to theirworking relationship and procedure came to him and discussed what steps to take after she had already spoken to her Slle handled the initial interaction Torn McDonald 7/26/11 MN RS Thomas McDonald. Tom. AssistantVP rorStudent and Campus Llfe. Oversees 5 orlicec at the University. office of Student Development and Activities. office or Development Student Rights and Responsipilities, Student Disability Services. Been in current position since April 2009. Been at the University since May 2001. 1004 was Director orStudent Disability Services was then promoted to Managing Director ofStudeni Affairs until April 2009, Dutles with respect (0 SH/assault. Fallow policies and if there is a complaint to be investigated will follow those procedures. if there is a case of sexual harassment will meet with the student who lodged that complaint. then will meetwith Human Resources to work with slaff membert In a case ofsexual assault -- works with student rights and responsibilities so will help adjudicate those cases. Sexual harassment by an employee -meets with HR, i SH student on student would meet with both students separately. Walk us through the process ifa student comes in to the office or rights and responsibilities, lf a student comes in and files a complaint, the alert him. They review the procedures hrst, Cases oi sexual harassment or assault. The student meets with and they let him knew about the case, Specifics may vary. First meet with the student, explain the process and reference the policy and procedures. There are 2 separate pulicias~assault and harassment have 2 separate policies. Sexual Assault Pollcy in Exhibit 2 -- Is this the policy that is currently In place? This is the new policy that wasiust started in the spring semesteroizou April it was approved. 2b is the one thatwas in place when-made her complaint. Looked at; [1.3 Dflhis policy where it references the non-Academit Disciplinary Procedure; These are connected to the code of conduct and are included as exhibit 4 --they explain how to investigate violations of the code of conduct. its student waives the right to the panel, VP or her designeo can review the racrs. Under the new policy, what standards does the panel useto determine whetherthe allegations are sustained? They will be training the panel and pulling one together rorthe start orthe academic year. Generally he is present, as is the director or the office ol rights and responsibilities, they introduce themselves. it it's a panel, he ls neutral and makes no determination as to responsibility. Then will present the allegations and the report. Depending on who isavailable and who comes in, lithe accuser wants to present to the panel, that is allowed. Otherwise can write a statement and he or the director orh can read. Accused comes in and irthey want to make a statement to the panel can do that. it there are any witnesses can make provisions for them to come in, No one in the room atthe same time, done separately. Panel then discusses in his presence to Dir ofR is R) whether the allegations are sustained and what sanctions to recommend. He then brings it to the Senior to determine sanctions. in new policy, panelists are selected by recommendation of the faculty student senate see 93 of policy. Panel uses preponderance of the evidence. Under the new policy haven?t had any complaints. No evidence would be excluded. Past sexual history or character of any party not admissible unless highly relevant. See p. 4. Accused has the right to waive the panel. Does the accuser have any say in this? No. If the accused waives the right to the panel, how is it determined that allegations are sustained? Accused can only waive right if they accept responsibility. if they don?t accept responsibility, the panel is the sole fact finder. In your own words, what does accept responsibility mean in the context of the new policy? Accused acknowledges that s/he did what was accused of. This policy only applies in cases of sexual assault, not sexual harassment. Does this apply in a case where a student comes forward and says that someone has done something but doesn?t wish to file a complaint with police? If they don?t want to file with the police they still initiate action, which is the case even if they don?t want to go forward with a formal complaint. it depends on what information they share if the information they present is something that would be a violation of the sexual assault policy would tell them that they would have to follow through with the investigation for the safety of the community at la rge. In the case where a student comes to the university and alleges that a sexual assault has taken place, and choses to file a formal complaint with the university but not the policy, have you encountered this? Yes. Student has the right to go to the police on their own and doesn?t necessarily get in the way of the process. School is still obligated under the policy to take it seriously and investigate and adjudicate. Have you encountered a situation where the student declined to file a formal complaint and the university pursued it anyway. No. Policy currently in place for investigating complaints of sexual harassment that aren?t sexual assault? Exhibit 5. Summary of the procedure that is followed if there is a complaint of sexual harassment: He does the informal procedure, so meets with the student first. Sometimes get it in writing, and then calls in the student. Sometimes the student goes to the director of student rights and responsibilities. Reviews written complaint and then asks questions. Explains to them what the process is, shows them policy and prints out if they want it. If it?s a staff or faculty will contact HR and meet with faculty and staff along with HR. After that HR will take the next steps and tell the employee what the conclusion was. There's also a iormal process as well -- person tiling the complaint can go rorrnal if wish. it it's a student who is accused -- they are able to adjudicate iniormally--works about 99% otthe time. Doesn't recall a case afstudent against student sexual harassment Definitions in policies deiine difference between harassment and assault and that's whai they follow, Policy (or sexual assault complaints: does the university have any guidelines or policies tor when they would directly Contact the police in a sexual assault case? They wanted to know if we meant campus security or Campus securlty. They always lei campus security know -- this is the aches tor the campus. Does campus seturity automatically contact the police? Tell student that ihey can always speak to someone in security and they can help them go to the police lttriey like. lithe studentdidn't want to call the police directly, would notiiy security and then let them make the call to the police if necessary. in terms 0! the old sexual assault policy (exhibit 5), can you summarize the main differences between this and the new one? one ofthe main differences is that the choice of whether or not to go to a panel has changed. Under old policy it meantthat someone in the office of seniorVP ~generally him --would determine responsibility it student waived right to panel Now it's always the panel unless admits to wrong dulng. Also, the defi tion of sexual assault has been clariiled, standard oi review, definition of consent has been clarified. Title 9 designation in the new one as opposed to the old one. Also took a look at readability. Tried to avoid having too many links and references to other policies-this all started in summer 2010 Priorto that had been interested in having most robust policy-- but went to conference and worked on rewsing the policy. Wanted it to be clear for everyone to understand. Standard oi review was clarilied a can you explain specifically haw? clarified that the old policy is in 2b. New policy says Standard of review is preponderance of the evldence. Actually it: looks like 5 and Zb are similar, but not sure which is aid policy. They will clarity. KT Current SH pollty in 512, 2b was snapshot at old policy taken from the websites 5 ls current policy on harassment, Current pollcv in Exhibit 2 is up on website new. Will find the date and email (0 us, in the event that you determined that sexual assault had taken place, what steps did youtake forboth the accuser and the accused -- under the old pulltv? in the two cases he adjudicated there was no iinding orSA. -- Did he waive his right to a panel? Yes. Walk us through the process starting with the time when you were notified. Received an incident report that was with Office of R. Was Found to be accurate. Referred the case up to him from De Leon Met talked about the policy and procedures communicated with-- Explained in him his right to the panel or to waive. Met with him and reviewed the allegation and allowed him to respond, in this case couldn't find with any reasenable Certainty that it did or did not nccur. It wasabout sumething that took place in a room where there those two were. Had her statement, and his statement. There were some similarities. He claimed that everything that czcurred was consensual and there was no forced or unwanted sexual activity. Could not determine which version of events was more credible. Were there any witnesses?-had mentioned that there were witnesses who had seen her stumbling tothe room and had to be carried. They did Speak tothe witnesses and said she was not stumbling and didn't appear to be or have be carried to the room. Standard he was using was whether or not he could determine with reasonable certainty that events did occur. How does the standard or reasonable certainty ditterlrorn preponderance ofthe evidence? ofthe evidence is whether there is more evidence an one side or the other. Reasonable Certainty iswhether he felt that there ls enough information available for him to decide that it did occur Or did not occur. When one persan IS adjudicating would look to See If there l5 mare support that it did occur. And it he couldn't determine did occur crdidn't what otherfactors other than witnesses would you use in assessing credibility? Wnuid look at both statements and try to see if one student was more credible than the other in the information they were providing. Where does the standard reasonable certainly came from? Not sure it it is written anywhere in old policy, In terms of intermediary services provided between the time of reporting and the time oradjudication, who is responsible tor this? Depends on circumstances-- is it reported at night, do students live on same floor, did student reportto the police, etc. Are very clear to students that there is no contact and no retaliation, Asks whether they have contact and are in same classes, etc, The circumstances ofevery case will determine the specifics oiwhatwili happen. who do they see first, when do they make the complaint. The basic spirit is to protect the spirit, take precautions forsafety and the students well being. Make both accused and accuser aware of counseling and health services. Not a pleasant experience for anyone Before you make the determination, if you find that the students are supposed to be togethereither in classes ordornis or caleteria, what do you usually do? General rule separate the residence. could he exceptions to that iisiudents don't tare that they are in the same residence. Saiety and well hemg is the priority. is there a particular dorm that you would move the accused to? Would depend Dn availability and the gender. Males and females not housed in same room, though they are on the same floor. Under the old policy, did the procedure lor handling these complaints change if drugs or alcohol is involved? Followthe same procedure, wouldn't be altered ira student has been drinking or doing drugs. Intoxication doesn't excuse inappropriate behavior Eg ilthey start throwing chairs around. What about consent? Does it negate consent to sexual activity? That is very fact specific. Could speculate about various scenarios. Under the old policy, what was the standard for whether intoxication negated consent? Nothing under old policy. Would have to speculate. In this case with -she said she was intoxicated out the witnesses said she didn't appearto be that way. Chain of command for dealing with all things related to sexual assault or harassment: Student with a complaint of sexual assault of harassment would meet With him lirst, be in communication with HR lf facultv or student rights and responsrbillties about what happens next He is the liaison with the student. Makes the initial contact and his role is to support the student and make sure thatthe process is followed correctly. Keeps the student informed ofwhat's going on, etc. In case or sexual harassment he isthe person in the university who deals With those, They might get to the directorofstudent Sirfirsl, but then he takes over even ifihey have dealt with Gene first. what isthe role of campus security? what is the interaction between the two offices? They refer all students to student R. Communication is strong, Any case where a student reports a case of harassment to them it it involves anotherstudent security will refer to ii at but if not then doesn't. When the harasseris not a student, but the victim is, does get involved in that7 Absolutely if a student goes to security, they will call all and tell them about it even if the accused is not a student Student services jub is to take action to help students. in terms (<assault. Not mandatory, recommended and advised. To make it mandatory wouold have to have some sort ofconsequence like a hold on their registration You mentioned student handbooks is the sexual assault policy ln there? Gave us 7010711 one, new policy not in there. The one forthe new year probably was printed before the new assault pullcy was put in place so it not be in there old handbook had the sexual harassment policy in there, but doesn't think the sexual assault policy was included, Policy on liner has anyone ever said that it was hard to find on line? No. How would you go about finding it? There is a search function on the website that bring you there, As a student they wouldlust go to the web page, and wouldn't be lamiliarwith the policy. ldea is to make it as student usable as possible so had it in as many places as possible. is the homebase forthis stutr so try to enforce the message over and over again Clarify title -- as Ihe assistant director of student llfe, oversees 5 offices, one cfwhich Is R. is there an internal website forsrudents orare the policies available regularly on line in the same way? There's the regular website foreveryone that requires a portal. the policies are available on the regular website that isavailable to everybody, Not sure what is in the portal. that lmlhing is different in the portal. The idea is thatstuderits shouldn't have to log in to find a policy it's on the main website, didn't change during this school year to his knowledge. if a student comes to you with a sexual assault complaint, you said that you go overthe policies with the student. Do you actually provide the student with the policy? Show them where it's located and ask them ifthey want to print it out for them. Thinking they mightlust keep 20 copies. Any tlme anyone comes in with a complaint bisexual harassment will show them the policy as a routine matter. Job is to work according to university policy to help students. in orientation and at various times throughout the year, the existence oftheir office ls stressed to them. lfyou go into My New School, there l5 a list ofthe various offices for students to use- 3th is included. Also do a tremendous amount of outreach to the other offices and have a very good working with all 8 schools at the university. Knows the advisors etc. Almost every day ofthe week gets faculty members calling them to ask ifthey are the correct office to refer a student to. KT: even though it's a large, complex university, there are a few offices that are centralized, and student affairs are one ofthem. Everyone knows where all things student related should go. Understanding is that she went to a faculty member who told her (can't remember this person's name) to go to St R. Mel with Earle who according '0 their warking relationship and procedure Came to and discussed what steps to take after she had already spoken to her. She handled the lnitial lnremction with the student thinks another student came in too that someone from student support was there too. Ask Gene for the specifics, After Gene made you aware oiit, what happened? From his perspective, reviewed the report that Gene generated. Invited her in, explained to herwhat the policies and procedures are. Doesn't read the policy. Met Gene on Feb 17 and met with Tom on March 11. Gene was present as is common practice. This is due to both comfort level and ability to monitorthings and ii there are anyqdestions to be able to answeraccurately and to have the ability to coyerin case either one is out. So met an reviewed complaint, asked if she had anything to add. Had you started any oiyour investigation at this point? Always starts by meeting with the complainant first. Just had read the complaint. The next step is to speak to witnesses. Then has to meet with the student who the complaint is tried against. What was the reason rorthe space between the time Gene met with her and you met with her? Might have been due to scheduling. Doesn't recall. Gene would he better able to answer since she helped him schedule. Thinks it wasjust due to everyone's schedule. Wouldn't pressure someone filing a sexual assault complaint to come in immediately if they were busy. You said that during the meeting you communicated the next steps. Told her that he would review her written report and would go over the things that were said that the meeting. said would be meeting with the male student, explained the policy that was in place at the time. Looked at the handwritten notes we were given. These look like Gene's notes from her meeting on recall the play by play of the meeting. Reviewed complaint but not sure if reviewed her notes line by Ilne. The goat is to have clear understanding of what she was reporting and to give the student a chance to say their piece and ask questions. Do you have the student start from the beginning and tell them the whole story orjust confirm the notes. His background is in counseling so want to make sure the student is as comfortable as possible, like I know you have already shared this and ask the student to confirm what has already been written down. So try to get them to cdnlirm without going into too many details, Do you recall irshe had any questions about the process moving forward? Routine to give the student as much time to ask questions as possible, but don't recall ifshe had specific questions. when you met with her, did you iind her story credible? Hisjoh is to look at credibility otter he hears hath sides oithe story. Doesn't make judgement calls atthat moment. Do you make credlbillty determinations whim you meet with the Students in a he Said she said situation? Nat iair to judge people. Take great pa'lns to keepthe students separate, Did she during the meeting anything about having difficulty the policy or linding their office? Doesn't recall that or believe that she did. in general ita student would tell him that would apologize and tell them. After the meeting, he reviewed the in cident report again. Now that met with student and had the response, since there were no witnesses had no one to speak to. Called in the male student and met with him. Made aware ofri'ghts to waive panel. If there is a panel, he is neutral and makes no credibility determinations, if student waives panel, then he has to do it, He wasthe onlyone in the room, reviewed the allegations and gave him the chance to respond Then when he left he had to determine whether sexual assaultdid ordld not occur Once he made that decision he had to notify the students of the outcome. in this case, we understand that there was an exchange of text messages. How did they factor into your determination? This is a tremendous responsibility since the student had waived his rights to the panel. Reviewed the definition of sexuai assault under the policy he was working on. (Exhibit Zb "noneonsensual and coerced sexual activity involving forcible touching"). Went over the texts and he acknowledged that the exchange had taken place. He said that in the texts he didn't acknowledge that he had forced himsell on her In her complaint she had said that he had touched her crotch 10-15 times and she had moved hand each lime. He denied it. According (a her the buundaries were clear. According to him it was more nuanced, They had started making out and then stopped and went back to their own moms Then went back to his own room but came back and then started up again and it got complicated. He doesn't acknowledge that he forcibly touched her, Hard decision to make Glad there is a panel now. looked at the texts. when he said I'm too intense forvuu what did he mean3 He reviewed the exchange with him and said that they were making out and they would stop and talk and things were very nuanced. His take lrorn him was that they were trying to decide how far things shouid go. when 2 people are engaged in that sort of activity it's very nuanced. He said that at no point in the activity did she make it ciear that she wanted it to Stop. what about her first statement --when I said no to things and you kept going that was not cool and he said "it you can't handle fooling around With a damn guy that's line" 7 how did you interpret that. Asked him about why he didn't deny haying gone too far and never says emphatically you never said no. He indicated in response that they were making out and it kept stopping and starting even to the point that he went back to his room and then came back. He was clear that at any point he never continued to do something inappropriate that she didn't want to continue. I'm hearing from you a lot of-interpretation oi the texts. Did you ask her how she interpreted them? It was very dear that she told him that she was giving the texts as support 0! her allegations -presentad the texts as pan of her report and reviewed that with her. It wasn't that-got better treatment. His role is to determine whether the student violated the policy. she said that she told him no numerous times and physically moved his hands and that he kept not respecting that and the texts were in support olthat. Had to ask him questions. Understanding of is that the texts support herversion that-gave him. Very difficult to determine. Can you give us a summary of how you gave us the ultimate credibility determination in this case? Finding was inconclusive and was unable to find with any reasonable certainty that it did or didn't occur, Couldn't find with reasonable ceriainiy that he touched hEr Crotch 10-15 times arid she removed his hands each time. ltwas hisiudgnient. Nu other physical evidence other than the text messages? Nata lawyersd don't know what physical evidence means Just statements and texts] no witnesses. Did--statements play any role? No. Two students in a dorm room with a separation oi time Clearthai they were making out and they did not want to continue any kind oi relationship. can you explain the basis iorthe statements in your ietteraboui not contacting-arid moving to the 20'" St dorm, not entering othei dorms, Very routine to have students not have contact, clearly two students where one student has filed a complaint and another student ls upset so best to keep them apart. what about not entering any other residences on campus? Wanted to keep level as good as possible Wanted to try to keep them separated. Not clear wily every other residence -then recalled that she didn't want to have io run into him at any other residence hall so not sure lfit was courtesy or hot huttried to support. Did you have any connections to placing him on the PNG listv Gene handled it. Were there any other students plated in the 20'" st dorm who had been accused ofsexual assault but not fuund guilty. No notice that the students who have been assigned {0 this damn are reassigned. it is based on availability. Don't assign by allegationsiust by availability. Going back to the meeting whi- Did you bring up with him the iactthat she mentioned that she had slapped his hand away 10-15 times. she was very clearthat it was at least 10 and might have been as much as 15' He was very clear that at no he had done it. Did you address the Iexi where she said I removed your hands? He said that his response never indicated in the text that he had done it. Did you ask why he didn't deny it? He iust said that she wasn't a good communicator and things just didn't work out. it does seem that she is very clearand he didn't deny anything He said that he found her annoying and wanted to end the connection. Did you ultimately make a determination as to her credibility? lust what he said In the letter. It's a huge responsio ty iur one person. Linda Reimer Keila Tennent, rep MN, RS 8/22/11 Reviewed the allegations. nda Reimer, Senior VP for student services. Oviersee the area of student services - life outside the I?lassroom. 12 or so departments that report tether. Housing and Residence Life, Student Rights and Been in this position since 2005. Was a VP in 1997 and started there in 1990 as the Director of Housing. Oversees Student Rights and Responsibilities through Tom McDonald (Assistant VP). Are you familiar with the policies for addressing complaints of sexual assault and harassment? Yes. In terms of the standards that are used in evaluating such complaints, can you tell us what that standard is, in terms of determining whether sexual assault occurred (in terms of the one in effect at the time this complaint was filed)? The student files the complaint. What would the level of proof be? Doesn?t know exactly - just looks at the evidence that the complainant presents. Would look for the preponderance of the evidence, whether it was reviewed by a panel or not. Can you tell us in your own words what the preponderance of the evidence means? Whether the events were more likely to have occurred or not. Is that written into the policy that was in effect at the time? No, it was a matter of practice at that time. Now it is written into the policy. When did that revised policy become effective? It was reviewed by the Board of Trustees this past spring and is now in effect. What is your level of direct involvement in these complaints? The Assistant VP handles the day to day such as interviewing the complainant, ma king a determination etc. Her role is to be there in the event of an appeal, so doesn't get involved until there is an appeal. Summarize old vs new policy. Old policy only allowed accused rights of appeal, now both. This was because they used their non-academic disciplinary procedures that applied to everyone. When were revising the policy looked to see what better standards might be. Why was this viewed as better? The reality is that they had not really had an appeal, so this issue never came into question, but this summer had staff who attended an institute and had some students who had not been complainants who came forward and suggested that this was a piece cithe policy that should he added. This follows a change in industry standard that has been happening recently. in terms or the standard of evidence, are you aware whether a standard or reasonable certainty was ever used in determining whether the assault had occurred? took at all the facts in determining what occurred. interest is to keep community sate. in terms or looking at the evidence, Tom would look to see whether it was likely whether it had occurred. in making the decision, would he consult with you7 She would be aware at it, out would not participate in the decision making. would not review until an appeal was made since would want to remain objective. what would your level otsupervision he? Wouldn't review each decision, but does an annual review ot all hersupervtsees. what is yourievei or involvement in the appeal process? in non academic disciplinary process, there are standards iorwhen appeal can occur. what happens if; student goes to the office or security and reports a sexual violation? one other offices will be contacted Might be the office of or the office of Student Suppurl and Crisis Management This is the office for students who are experiencing any kind of crisis. Their role is to provide support network and to help them navigate the system. This office would teferto Student for investigation This should happen automatically, Anything that is considered a disciplinary matter wtli go there. student support office is Io help students manage processe they may or may not get involved in a discipline matter If a student declines to tile 3 complaintwith would they investigate anyway? Would depend on the facts and what ertect that would have on the community in terms otsarety. Done on a case by case basis. So --without going through everyone orthese complaints--as an example there is a complaint dated 10/13/09 -- what happens tithe student doesn't file? Would look at the specific situation and determine whetheror not it was a one time event, if it is likely to be a dangerto the community, would talk to the student who was accused. There is no written standard. Would acknowledge the desires oi the student making the complaint Are records kept even iflhere is no (armal complaint? lfir is referred to 84 would be logged. Student makes his or her own decision and based on that will decide whether to proceed based on the needs orthe community. Discussed whether whatthey provided was all the reports oriusi the reports of formal investigations. We will write up a request torthose reports. Have you ever received a complaint trom a studentthat Investigation was handled No. Have you received requests forappeals? lust- Found out about her complaint in the spring semester. Can you give us a brief overview of how that complaint was handled? wheneverthere is an incident report of students changing rooms, will be made aware of that, but was not involved with the specifics of handling that complaint. Atany point alter the initial complaint wasnled, did you have any contact with the complainant? No. Met with her on April atterthe determination was made. She told herthat she came to appeal the decision. Told herthat the policy did not allow the accuser to appeal. Talked about 3 issues: 1) at that time the room lottery forthe next year was underway, she was concerned that she would end up in the same dorm as-Tald her thatshe could chose her room ilrst and then he could go through the lottery to make sure not in same dorm. she said might not go through the lotteiy but would keep her inrormed. 2) concerned abaut not being in some classes, so told herthat she could send her her cholces or classes and would make sure not together. 3) was concerned about seeing him on campus, but didn't want her to take action about (hal. Was there a discussion about the decision on her complaint? she might have expressed surprise that she couldn't appeal. Might have asked about the new policy but explained didn't apply now-might have said that she had more proorthat it really happened. She said that itshe did, should take it to the office at silt out didn't. Was there any discussian abuut in! sulliciency ofthe evidence that had already been presented During your conversation, did she mention anything about the accuser assaulted or harassed someone else? No, it just rocusecl on moving forward and how Linda could support and help herwith (halt Do you have a copy of determination letterthat was sent to the complainant? Looked at the letter, where he said couldn't determine with reasonable certainty had occurred. Can you explain wily the standard reasonable ceriainty was used in this case? witnessed disagreed [hat this was the Standard used, and suggested we ask him what he meant directly. As farasyou know, in terms orevsiuating the evidence, what standard was actually used for the complainant? Used the same approach as do in every situation._told the stafrand a determination was made. What would be Sufficient? Could be information provided by witnesses that were ihere, would be dependent on the facts or the situation. Hard to say. Do you have any involvement in terms students irorn buildings on campus" llthere is a discussion about community satetv, would get involved In a decision to suspend a student. Did you have any involvement in the banning of the actused student in (his Case? He was banned lrorrl residence hall, not from academic building; if there is any interaction between two students, would Iry to separate them, 50 ii there is a disputz between two students who live in the same dorm, would move one or both orthem, She doesn't get involved in that, but more in a situation where there wouid be a student who was suspended and couldn't attend disses, How does information like me one -provided piay into the determination? Wouio encourage mner students to come forward with similar Incidents if they know aboui lheml doesn't know whether- inrormauon was considered, in a situation where a siuoeni who is filing a complaint says mat oiner students feel the same way, would encourage them to speak to them, so may consider it. All ofthe information they are given IS considered. Do you know to what extent Gina's information was considered? Doesn't know to what extent, but the declsiun maker has this Information. Kelly Gallagherioyce MN RS 3/21/11 Keila rennent Rights Kelly Gallagher Joyce] Residence Hall Director of Stuyvesant Park Residence Hall Since 2005. Responsible for the overall operations and student population of the residence hall, if she receives information that a student is having a problem will reach out to them. Also if there are any facility concerns will follow up There is a building super she works with to address bullding issues- like clogged toilets etc-- will communicate with students about timelines elca Was briefed Just on the basic summarv ofthe allegations. Reviewed allegation that in retaliation for her filing a sexual assault camplaint. Ovewiew of mall in her building There is a mailroom. Locked area, When a postal carrier comes to deliver mail, securin officer signs out a key to them. Carrier unlocks the mallroom and leaves the mail there. Then union workers come and distribute the mail into the students' mailbaxes~these are mail clerks. May be students or other partlime employees who work there How did you know complainant? look at emails she sent us. Summarized them--the cat issue. She was a freshman in herbuilding. Hanukkah issue. Around the same time one of her livers for the Hanukkah prayers was defaced and that went to Continued to have a cordial relationship with her in the hallways etc. Then the assault case came up and Rob assisted her with the move and she continued to communicate via email when necessary. Alter the move, she first heard with email from. Told her that if a student had problems with mail after a move (see emails). Then Rob contacted heragain snci since the mailbox had not been closed yet she would check. Then she contacted her via email and she asked iishe could bring her mall to Loeb hall and she hail it delivered the nexi day. Then a package arrived. Were you aware of the sexual assault complaint? Was aware that a complaint had been flied, Was told the day that the report was made that she had made a sexual assault complaint and that it was -who she complalned against. Gene Puno De Leon told her. Also had- move wilh an escort and he was not allowed in their building again. Were there other students who had moved from the dorm? Ves, students move frequently Had any oflhem had mail problems when they moved> No. Had any of them moved due to a sexual assault or harassment issue? No. What was the problem with her receiving her mail? Understanding is that she filled out a mail forwarding with the US postal service but they still sent her mail to Stuyvesant Park. Also had told one of her mail companies of her new address but they still sent it to the wrong address. The last contact she had with her was the email that was recorded. In the email exchanges on April 21 and 22, it looks like the complainant said she wasn't receiving as many magazines as she expected, do you know if she ever got them? Not sure. Just to confirm, do you have any direct involvement with the distribution of mail? No. Supervises the staff that does. There are 3 of them. if a student had a complaint about something missing, would go search the room for it to make sure not overlooked. If there were recurring issues would tell her staff to keep that in her case? No, because her mail never actually was missing, it just kept coming to the dorm and went straight to her box. So let her come and check the mailbox whenever she wanted. Just to summarize, the responsibility for changing an address lies with the student to arrange with the Yes, they are told that when they move, they have to change it directly with them. Mailboxes are left open for a few weeks after they move and then mail is returned to sender. in her case, how long was her box left open? The rest of the semester. Is mail logged in? Just packages that are too large for their box. During this timeframe (after she left the building) was there any mail that was too large for her box? Yes, see emails - there was one. When there is a complaint of sexual assault, are you ever involved in the investigation of the complaint? Not as a matter of course, just on a-need to know basis. in this case, was only involved in terms of the move for both students. Not involved in the investigation. Robert Lulomski 7/25/11 MN, R5 lin terms oigeneral procedure, is there anything that happens automatically when a student says has been sexually assaulted in dorm room? Would just take cues from Maureen Sheridan, the Director at Student crisis and Support Management like that happened Looking at email from 1/24/11 between and Camp in Exhibit 5 Does this accurately reilect your conversation with herv Duesn't recall any conversation with her about the type of room. But it is possible that it student got a double with no roommate could take it at the price of a double, but cauidn't promise no roommate, Would not have said that it was possible thata person could have a single room at a lower rate. banning, Are you aware of the protocol for banning students lrom particular buildings on campus? Has a Persona Non Grata list of students who are banned from housing. This list is managed by another oflice and is given to the security guards at the security desk or each dorm. At the security desk is a key card swipe. lfihey can't swipe in We card doesn't match), would have to sign in with guard. Guard would have to question the person, People can't sign in unless a resident signs in. tra person is on the PNG list no one can sign them in. Guard would know who is on the PNG list Just by virtue oinot being a resident oi the building wouldn'tjust be able to get in Once the swipe doesn'twork would have to sign in through guard How many guards are there at Loeb? 1 guard 24/7 (in 3 shifts). Guards are supervised by Director of Security, lfa student is accused ofassaultmg anotherstudent, is there an automatic ban on that person getting tn to the alleged victim's dorm? believes so. lfsorneone is accused olaccosting another student, would only be allowed to get into that dorm. but it is the Office ofStudent Rights and Responsibilities that oversees that. They would both have their key cards cancelled irom their original dorm, and would be required to turn in their card, also Hall Directors would communicate with each other about these types of PNG lists are managed bysecurity. Do you which hall--was assigned to? Pretty sure it was the 20'" St residence Chain of command in a case like this -was being forced to move), so would call the hall director ofthe building where the accused was being moved to, but on that particular night was not inyolved in the decision where to move him. Looking at email dated 3/15/11 "problem that needs to be fixed immediately", Vau say that you will be meeting with security and Sta". What happened7 Bath security [Tim Sikorski) and student rights (Gene Puna De Leon) told him that he was banned. By the end of the dav they were both certain that the information that had to be there was there Not clear If it hadn't been there all alung and then was put back or if they put it there by the end of the day Gene Confirmed for him that this was the case. To clarify, if a student is not on PNG list, anyone who lives in another dorm won't be able to swipe in, but could get signed in by another resident. (small gap) response to the complainanant about this. Weren?t only in email contact she would stop In sometimes. Other than the 3/15 emaii, did the complainant ever tell you that he wasn?t banned again? Had heard somehow that he was getting into 13th st a different residence hall. Doesn?t remember who said it, but did hear it somehow. This was within a few weeks of her complaint that he wasn?t banned from her dorm. Not associated with other complaints of inappropriate behavior. Thinks it was just a matter of fact statement that he might not have been banned from there, so he passed it on to student rights and responsibilities. If on the PNG list, could be banned from any number of dorms depends on what student rights and responsibilities discovers in their investigation. Did you have any conversations about the single vs doubie issue other than in email? Not that he was aware of. Do you know if she compiained about not getting a single to anyone? Not that he knows of. With respect to the accused student, do you know if he was banned from any other dorm? Not that he knows of, but doesn?t manage the list. KT - other offices manage the list. Passed on her complaint about banning both to security and student rights and responsibilities. Mail: What is the University?s protocol for ensuring that students receive mail when they move to a new building? students are responsible for notifying post office that not getting mail. Hall directors will coordinate with student staff if a student leaves one residence hall and moves to another, a notation is made about this. There are students and a pa rt time union worker who work in mailroom. Ifthey see that student is still getting mail in old building, will put the mail into an enveiope and save it for the student. Then either hall director calis or student calls them. Kelly Joyce was Student?s old director at Loeb. Based on experience how long does it usuaily take for students to start getting mail at new dorm after moving out of old one? 1-2 weeks. Walk us through the process for distributing mail once it gets to the post office. Post office drops it off, student work study students generally takes comes in and distribute it. Do you play any role in the distribution of mail? No. Do you ever see any mail belore it comes to students3 No, what is typical protocol when student reports missing mail? Hall Director will search for it when it goes missing. Are you typically involved in searching for mall once it is reported as missing. How ofien have you heard ola student who is missing mall? About 5 times a year. Of those Students, how are you able (0 (Esolve ll' In close to 'A's of the llme, it usually happens within a week to two weeks. Have there been other students where it has taken as long as it did with he!7 No- is an unusual situation. of any ofthe students who reported missing mail, have any of them previously filed a complaint of sexual assault and were moved as a result? None that he is aware of. When did you learn that she was having difficulty With her mail? in emails. Remembers lellmg his guys to look into it. Had to have been in late ieb/early march. Looked at emall from 3/13. Thought he Saw an Email ln early march or late [eh knows that KellyJovce told him that she was upset about the mail issue. so they decided to let her keep her mallbox key irom old dorm so she could check the box. So midi/larch they told her the box was still under her name, which meant that she still had permission to enter this building marld knew for a fact that-was baned lrorn ihere. Kelly had asked him it he knew whetherllvanted to get it hersell or it over. At some point her box got yerytull a mid to late KellyJoyce told complainant could get it, never did, so sometime in late march she walked it over herself, Usually when students don't get mail, it's because they forgot to notify the centrai po that they moved, Aiter she got that packet, do you know it she got all the mail that she said was missing7 Said she didn't and was still missing magazines. So instructed iames Nobleher dorm) to buy her several magazines Another RA called Alicia Kabe came with them Du you know ifshe got her dvds? lust knows the complaints stopped coming arter the complainant went to the P0 to deal with it. she ever indicate that she was missing birth control Heard about it but not Sure who i! came from Do you know if she received that particular package?Kelly told him that she walked a package over but not sure it was that actual package. Approximate date complaints stopped coming? There was confusion about whether it was going to- in toeb, or in-since she had lived in both. A guy from health services told him he found a piece oi mail tor herthat had gone to a different place on campus. Told-no suggested that she double check where mail was going to. lt turned out that the place on campus ilwas going to was the health services which had previously been on the floor of Loeb that she was living on [why it was being might solve the problem. Look at s. 3/15. Not too long atter that didn't hearany mare. Also had told his staff that itthere was anything she lostfor her. This was an accommodation made specifically for her because he felt like she was underduress. HOW she maintain the two mailbox keys? Till end of term ln Spring 2011. Address is based on dorm room it, not PO box Elc Did you speak to anyone otherthan Maureen, Kellyloyce7 They were the two key players a both residential hall directors and live in the dorms. In the rare times when students report missing mall, usually turns up somewhere Spuke to Robert Lee, who is the person at the health services who reported the mail, and probably did mention to Maureen that-was having trouble getting mad, Didn't discuss it more than she said that she said she wasn't getting mall. she did come up at a meeting because she was nominated for and then won an emergent leader award so they were happy for her. Did you ever initiate contact about her with anyone saying that he was curicemed about her? ves, snake to Maureen that he was concerned that it was such a paint of stress for her--mail seemed to be disproportionately important Has done this in the past if he sees a student who seems depressed or stressed. Thinks he just said he had a concern about hersince she was acting stressed an hyper active and thought she could talk to her. Didn't say it to anyone else. Talked to his own staff about making sure that they knew where her mail was going. According to )ames, everything was being put into her mailbox in Laeb, so nothing looked unusual. Did any otthe people who were handling her mail everekpiess anything critical or herror reporting the sexual assault? not at all. To his knowledge, no student would know that. lames and Kelly were the professional RAs, but they would hire students to work in dorm mail rooms. Doesn't think they knew that she had riled the sexual assault complaint, but they did know that she had been assaulted. Knew this because they were trying to give an extra level cicare. They dun't wark in that side clthe office that handles complalnts. Witness didn't knowthat she had filed a complaint until a few days later,lust knew that there had been allegations of an assault and she would have to he moved Meeting to discuss mail issue. James Noble and he sat down with her shortly after sent email Just wanted her to know they were Investigating it and thought it might help get things resolved. Thought she seemed comforted by that issue. Did she ever express that she the mail issue was retaliatory In any way? Nevergot the sense Dlthat from her. She wrote the email on 3/15 that expressed frustration. RECORD OF CONTACT TO: File FROM: Miriam and Ronald Scott. Compliance Team Attorneys RE: Coinplainanlwt The New School (02--11-2094) DATE: April 2n 2011 out interviewed the Complainant in person in OCR's offices at 32 Old Slip on the above--referenced date. We inromted her other rights Io representation to be free from retaltatton and to have her identity protected under FERPA. Site elected to proceed without representation for purposes oftlte interview. We also informed her of ocn's processes and adyised her that we could not serve as her representative for purposes of or nay other proceeding in addition, she inquired es lo whether her participation in the OCR process precluded her from "going public." about her case, whether to the press or anywhere else. We told her that it did not, but stressed that if she intended to me in any other forum we would need to know She indicated that she did not to file anywhere else. The Complainant also inquired about obtaining i'eimbursemenl for the cost of her dorm due to the fact that she lived in a dorm tltat she considered to be unsafe for a period oi' ai'tet she reported her allegation of sexual assault. We explained that in the event one or more of her allegations were opened for investigation and OCR found a violatiolit remedies vary on a casc~byvcasc basis and are considered in collaboration with sererui omce components, including the case team and our supervisor. The Complainant indicated that she understood Uiis Information. We also asked her it she felt comfortable speaking with a mule attorney and she said that she did. The following is a summary of our conversation. with OCR's quaslions in bold and the Complainant's answers below. Please describe the general circumstances ofthe assault that you referenced in your complaint. The assault took place in the Complainant's dormitory loom on the I h! of Januat 30, 20] I. It was perpetrated by a student who lived across the hall from her The nssatlil was not a rape There were no witnesses, but tlte Complninant has what she describes as very "incriminating" messages sent to her by Student the after. in these messages. she referred to something happening the night before and the fact tltat she said no to it, and he didn't stop. Specifically, she recalled messages in which she Iold him "when [say no, I mean no." and in which he responded, guess I'm too intense for you," or similar words to that effect The Complainant believed that these messages were incriminating since he did not deny what had happened when he wrote back She said that there are 14 text messages which she gave to the School when she reported ii. When did you report the incldent'! The morning after it happened she wont to look up tlte School's sexual assault policy on the School's website and there was none. Site then told her friend--(Student 2) abouti and Student 2 said that Student the same thing to her October znlo, hut stopped nfier site put ltim lit a chohehold. The Complainant stated |lial student 2's experience was "just harassment," but Student 2 was afraid that in the filth Student l's conduct could escalate further. Then the Complainant found out from the campus women's rights group that the sexual harassment policy cannot be found directly on the website (newschooLedugoogle and search for it that way. Then she spoke about it with her women's rights professor, who (cld lter to report it to Gene Puno De Leon. Lite Page 2 of 8 Complainant Interview Statement OCR Case No. 02-! 1-2094 April 26, 20l 1 Director for Student Rightsand Responsibilities at the University (the Director). So on the Thursday after Valentine?s Day (2/17/1 l) the Complainant reported it to the Director. What happened when you reported it? The Complainant stated that once she reported it, staff from the Director?s of?ce told her to tell the story so many times that it ended up traumatizing her. in particular, she told it to the crisis counselor there Maureen Sarandon - who made her tell it twice and they read it back to her twice, which was very traumatizing. The Complainant stated that the statement that they took is an accurate representation of the events, so she didn't want to have to repeat the story again to us it was too hard for her. She indicated that the statement prep ion took longer than one-half hour. The Complainant also gaverfhe DireCtor the text nessages (via email), and said that these messages made it clear that something non-iconsensual happene the night before the messages were sent. Afterwards the Director asked her it?she wasafraid for my, and she said she was. They offered to move her out of her dormitory and she accepted. She said that she was going to ask to be moved had they not offered. They also told her that they would move Student I to another dorm, so she didn?t want to stay in her dorm while he was moving out. She asked them not to tell Student lthat he was moving out until she moved out since she didn?t want to encounter him in the elevator. In order to move her quickly, the University gave her a temporary place to live, and very little time to pack. She had to leave most of her belongings at her original dorm room, since she had to wait until Student 1 moved out to get it all. The Complainant moved out the night of the Thursday that she reported it, then went back Saturday to get bedding and clothing for a week. She kept the rest of her stuff there until they moved her into permanent housing at the end of the week. The school offered to pay for a cab to help her move, but she didn?t want to take a cab, so they gave her a rolling bin that she could use to transport her things between the 2 dorms. Were you satis?ed with this response? The Complainant stated that the problem with the response was that they just focused on her physical safety but not on the emotional side of her experience. For example, the Director told her that the next day after she reported it, she would get a call ?'om the School?s Director of Housing to arrange for her to move into a permanent dorm, but he did not call, so she had to call and go speak to him in his of?ce. He told her that she could stay in temporary housing for a week or move to a regular dorm for a few days. She opted to stay in temporary heusing for one week. Site had to wait for a permanent space (in the same building) until it was renovated at the end of the week. The reason that she had to wait for the space to be renovated was because she wanted to stay with her roommate, so they had to wait for a place where both could stay. The Complainant indicated that she was being ??nicky? about wanting to stay with her roommate but she was also looking out for her emotional well?being. The Complainant also said that she told them that if she couldn?t be with her roommate, she wanted a single for the price of a double and they refused. Were there any other problems with their response? The Complainant said that the School also did not offer to Send a letter to her professors saying that she was experiencing a crisis, although they did Once she asked approximately a week later. All of her professors were nice about it, except one professor who, after she told him that she would need to wait for a phone call in class from the Vice President about her living situation, ?called her out? about checking her phone in class. Speci?cally, he stated ?i don?t think you?re going to find out about your housing situation on Twitter,? or similar words to that effect. Page 3 oF8 Complainant Interview Statement OCR Case No. 02-] {-2094 April 26, 2011 The Complainant?s biggest concern was that once she moved to the new space, the School didn?t tell the security guards that Student 2 was banned from her new dorm. The Director of Housing was the one who was reSponsible for this. Another problem that the Complainant cited was that her friend who was also sexually harassed by Student 2 reported it the same day as she did, but when she mentioned it to Linda Reimer, the Vice President for Student Services (the VP), the VP said she didn?t see it as its own case that needed investigation. What happened to Student 2 was exactly the same as what happened to her, except Student 2 was able to stop it because she put him in a chokehold. She also gave her the i4 text messages The Complainant then said that when it happened, she kept pushing him away and saying no, but he kept going. He?s a big guy and he pulled down her shirt and was ?kissing her boob.? However. even after she told the VP these details. the VP she said that she hadn?t provided enough information. The VP told her that there was no right to appeal the decision since the other student wasn?t found guilty. If he had been found guilty he could appeal, but she couldn?t. The Complainant met with the VP to discuss her case on April which was after the investigation had concluded and Student 1 was found not guilty. The Complainant thought the purpose of the meeting with the VP was to start the appeal process. Student 1 waived his right to a hearing, so the decision that he was not guilty was made solely by Thomas McDonald, an Assistant Vice President for Student and Campus Life (Assistant VP). The Complainant did not know how the process worked, since it is very secret and they didn?t tell her what information they looked at. She knows that they had her statement, Student 2?s statement and the text messages. Following the decision she had a meeting with the Assistant VP to discuss her case on or around March l, 201 1. She described the meeting as ?bizarre.? However, she is a little confused about what happened at the meeting since she had been in the Emergency Room for a week right before she met with him and she hadn?t eaten anything the whole week, so she was very light headed during the meeting. The Assistant VP asked her to tell him about the incident, but she said that she didn?t feel well enough to do so because she had been in the hospital. She told him to ask her any speci?c questions he had and he didn?t. She was not sure if this meeting was part of the fact finding or not. He didn?t ask her any questions, even when she told him that she had not had food in a week and c0uldn?t formulate a thought. She stressed that her memory of the meeting was not very clear since she wasn?t feeling well at the time. She added that the hospital never found out what was wrong with her, but thought that it might have been a ruptured ovarian which is caused by stress. The Complainant provided us with a letter dated March 28, 201], which references the meeting that occurred on March 1 1, 201 i. The Complainant stated that before receiving the March 28th letter, she had to email continuously administrators to inquire about the status of her complaint. Did they ever offer you counseling? Yes. She rejected it at first, but then she couldn?t concentrate and went to the counseling center. They took her right away (within 10 minutes), but then the counselor told her that he needed to be somewhere in 20 minutes (even though she was really upset). He asked ?How much longer do you think you?re going to be,? Or something to that effect. This counselor made an appointment for her for the next week. When she got there, she was told she had a different counselor, named Wanda (Counselor 2), who she saw for abOut a menth. However, over the same month she stopped getting her mail, so she complained about it to Rob Letonsky, the Director of Housing. Then the Director of Housing forwarded all the emails she had sent him about the mail to Counselor 2; when the counselor discussed them with her, the Complainant felt that the counselor was implying that she was mentally ill,. As a result, she stopped going to counseling. since she doesn?t trust Counselor 2 anymore. She cannot access the emails anymore since there?s a low storage limit on the University server. but she believes Wanda at the counseling center has them. Page 4 of 8 Complainant Interview Statement OCR Case No. 02?1 l~2094 April 26, 201] What happened next? When the Director of Housing wasn?t making any progress fixing the mail situation, she called the Postal Inspector. Then a month?s worth of mail showed up in her mailbox. Since then she has mostly been getting it, but it happened again recently when they lost her birth control pills for which she had already paid $40.00. She then emailed the Director of Housing to tell him, and he said to write the director of her building about it, but this person didn?t deal with it. As a result, she is going to go off birth control in a week since she can?t get her pills. Did you have any further contact with the student who assaulted you? No. He is banned from all other dorms but the one he lives in. However, he was not banned from her building for a month since the security guards in the building were never informed that he was banned. The Complainant said that when she went to the Director, on around March 29, 201 I, about the fact that Student I was not banned from her dorm, the Director stood up and told her to leave her of?ce while the complainant was mid-sentence. The Complainant also told the Director that she didn?t want to go to the cafeteria since she thought he would be there, but they refused to reimburse the money left on her meal plan. The Director said that he was banned from the cafeteria until the end of the school year, so she didn?t need to do this. However, when the Complainant said she didn?t believe that he was banned, since it?s the only cafeteria that Student 1could go to, the Director refused to give her the refund. The Complainant explained that she had no evidence that he is not banned, she just did not believe that he was. As a result, the complainant still has to go to the cafeteria. The Complainant mentioned that each dorm has a kitchen, and Student 1 is supposed to eat in his. When asked how long the ban was supposed to last, the Complainant stated that he is banned for the remainder of the 2010?2011 academic year, and she was told the School would revisit the issue next school year. Please explain how you knew that Student I was not banned from your new dorm. There?s a big binder of names of people who are banned from the dorms that sits on the desk of the security guard in the entrance to it. She said the list goes as far back as 10 years. There is also a list of 10 names of immediate threats. Next to the binder is a sign-in list. She looked at the list of the immediate threats {Or her new dorm, and the security guard looked through the binder, but his name was not there. The security guard surmised that perhaps Student 1 was a ?low risk.? She told this to the Director of Housing right away (this was on March 15th). She said that there were two security guards who told her that Student 1?s name was not on list: one works there weekday afternoons from 5 - 1 pm, and the other works the 1 1 pm to 5 am shift. Did Student I ever try to come to your dorm? He never tried to come to her dorm as far as she knew, but she was always worried about it since she has a distinctive bike that she keeps locked in front of the dorm, so it would be very easy to ?gure out where she lives. The Complainant said that she saw him a few times before she reported it and he wouldn?t talk to her. Speci?cally, she said that ab0ut a week alter the incident she saw him in passing not far from her dorm; she saw him in the cafeteria where they were eating in proximity to each othercrowded elevator. She initially felt like it was ?a hookup gone wrong? since he didn?t actually rape her and she couldn?t ?nd the sexual assault policy on the website. She thinks the policy includes harassment and assault combined. The Complainant also said that all the students who get accused of sexual assault or harassment are assigned to live in the same dormitory. She thought this was really ?crazy? since this is a coed dorm. She knew of another ?sexual predator? who was moved there. Also, an RA who lives there said there were Page 5 of3 Complainant interview Statement OCR Case No. 02-1 [-2094 April 26, 20 [1 others who had been moved there. The dorm is called the 20?? Street Dorm. The University doesn?t identify the ?sexual predators? dorm rooms. The complainant believes the women living in that dorm are in an unsafe environment. Are you making this complaint as part of your investigation on Student 2?s behalf? She is not necessarily doing it on her behalf, but will tell her to come to us if she wants to make a separate complaint. Please explain the mail issue you reference in your complaint. The Complainant explained that she moved into a tempOrary dorm fer a week and then to the permanent dorm at the end ot?the week. Since she is from Cleveland she gets a lot of mail, but while she was at the temporary location, she did not get any mail. When she moved out of her original dorm, she filled out a forwarding address form through the post of?ce. She understood that it would take two weeks to receive her mail. She also spoke to the Director of Housing and told him that she really wanted to make sure she got her mail. Following this, there were two weeks where she didn?t get any mail, so she wrote him again and told him that she wasn?t getting any mail. The only response he gave was that he was confused about why site was not receiving her mail, but didn?t try to solve it. She said that after a few more days of not getting anything, she told him that she would call the Postal lnSpector. Again, she did not get a reSponse after she said she would call about it by a speci?c time that day {3/18 at 3 pm), so she wrote him and said she would cantact the Postal inspector. The Director of Housing then wrote her back very upset about her email, which he forwarded to her therapist. The Complainant said that shortly after that she received a ?frantic email? from the Director of Housing saying what he had done to fix the problem. She stated that she a month?s worth of mail appeared in her mailbox in the a?emoon that day. Ever then since she has gotten her mail for the most part, except for some letters and the birth control package. However, she did not get magazines for a period of about one month and thought they were getting lost. She stated that she later learned that her magazines stoPped coming to her after her mailbox became full. The Complainant added that except for the mail issue, she did not have any problems with the Director of Housing; she said that he was nice to her, and even helped her till out several forms when she moved. He told her that she could expect to start getting mail at the temporary location starting 2/18/1 l. He knew how important her mail was to her, since she told him this when she went to speak to him about moving. She began to realize that she wasn?t getting mail after she had been gone from the ?rst dorm for about two weeks and hadn?t gotten anything. She added that a piece of her mail was sent to Health Services for some reason; she was told it mail, but it turned out to be about mammograms. She asked them to send it to her and they still haven?t. She also didn?t get Net?ix DVDs and a new credit card that she had ordered. She stated that she moved into permanent dorm on 2/25. She does not know if they are intentionally taking her mail, but she feels that their failure to help her to resolve the issue expeditiously and completely is retaliatory. What do you think the mail issue was retaliation for? The Complainant explained that she thought the School withheld her mail in retaliation for telling them they had to handle her complaint properly and not string her along. There was another case at the School where 3 girls reported being raped by someone and they didn?t ?nish the investigation till the end of the semester. Since she had heard about that through the feminist collective, she kept on top of them to make sure they did things in a more timely manner. Has the mail issue been resolved at this point? The Complainant stated that she still cannot get her mail in a normal, consistent way. She said that she was told that she could get refunded for the birth control pills that were lost, but she still has not heard Page 6 of8 Complainant Interview Statement OCR Case No. 02-1 l-2094 April 26, 201 I back about that. Got the mail the day she ?led with the postal inspector she told the Director of Housing that day. Do you know if other people in your dorm have had problems with their mail? The Complainant thought that there are a lot of people in her building who have problems getting mail; these are not necessarily peOple who have ?led complaints. She also thoaght that since they were mostly local students, many ofthem just get their mail delivered to their parents? house. The Complainant said that she can?t do that since she is from Cleveland. What makes you think that your problems with the mail were related to the complaints you made? The Complainant said that one reason was that when she emailed the Director of Housing at the same time she complained to the Postal inspector, she then got a month?s worth of mail immediately. She specified that in her eyes, the retaliation is that no one has helped her ?nd her mail until she complained to the Postal Inspector. Also, it took two weeks for a paycheck to get to her. At another point, she told them the magazines that were missing and they said they?d do it right away but took a month. Another thing that makes her feel like they are retaliating against her is that approximately two weeks ago, she saw James Noble, the director of her building, right near her building. However, rather than cross the street with her, he told the person he was with to cross a block away (which made it seem like he was avoiding her). He also never wrote back to her when she wrote to ask how she could get reimbursed fer the birth control that was lost in the mail. The Complainant said that she last wrote him about 2 weeks ago and he never wrote back. You say that you contacted the Postal Inspector, can you clarify the allegations you made with them? The Complainant stated that she ?led a complaint about not getting her mail with the post of?ce, but she still hadn?t heard back from them. She asserted that her complainant did not include anything anything about retaliation. Please Summarize the allegations that you would like us to investigate. The Complainant stated that she felt that they were going to drag out her case so she wanted to make sure they didn?t by keeping on top ofthern after she reported it. She also Felt that when they were helping her with the safety issues they forgot her emotional needs - Such as perhaps holding off on moving her so she could stay with her roommate which she had offered to do (had said would wait a week for them to confront him so that she didn?t have to move twice would wait till the second dorm was ready). The Director wouldn?t do that, and just gave her a few hours notice that she was moving and moved her to the temporary situation. She added that she got counseling the day she asked for it, but it was not helpful since the counselor made it clear that he had to go to dinner shortly alter she started talking. She also felt that they shouldn?t have traumatized her by having her tell the story over and over and having them repeat it so many times. However, she felt that although they spent so much time trying to get the facts correct, they still ignored what she both she and Student 2 said. Another problem the Complainant had was that the School failed to ?nd him Student 1 guilty. nor did they ban him as they said they would. An additional problem was that the policy was not easily located on the School?s website when she looked right after it happened. She also had a problem with the lack of appeal rights. An additional problem she wanted to raise was that the School doesn?t report any sexual assaults to us. She provided us with a school newspaper article that documents that no reports were of sexual assaults Page 7 of8 Complainant Interview Statement OCR Case No. 02-] 1-2094 April 26, 201 I were made by the School in the last 3 years. She said that ?word has it? that whenever someone gets accused of sexual assault the School doesn?t ?nd them guilty butjust moves them all to the same dorm. The Compiainant said that this was told to her by an RA who lives on that dorm, but who doesn?t want to give her name. Tom McDonald 7/26/11 MN RS Thomas McDonald, Tom. Assistant VP for Student and Campus Life. Oversees 5 offices at the University. Office of Student Development and Activities, Office of Career Development. Student Rights and Responsibilities, Student Disability Services. Been in current position since April 2009. Been at the University since May 2001. Until June 2004 was Director of Student Disability Services was then promoted to Managing Director of Student Affairs until April 2009. Duties with respect to SH/assault. Follow policies -and if there is a complaint to be investigated will follow those procedures. If there is a case of sexual harassment will meet with the student who lodged that complaint, then will meet with Human Resources to work with staff member. In a case of sexual assault - works with student rights and responsibilities so will help adjudicate those cases. Sexual harassment by an employee - meets with HR, if it?s SH student on student would meet with both students separately. Walk us through the process if a student comes in to the office of rights and responsibilities. If a student comes in and files a complaint, the director will alert him. They review the procedures first. Cases of sexual harassment or assault. The student meets with office and they let him know about the case. Specifics may vary. First meet with the student, explain the process and reference the policy and procedures. There are 2 separate policies~ assault and harassment have 2 separate policies. Sexual Assault Policy in Exhibit 2 is this the policy that is currently in place? This is the new policy that was just started in the spring semester of 2011. April it was approved. Exhibit 2b is the one that was in place when JK made her complaint. Looked at p.3 of this policy where it references the non-Academic Disciplinary Procedures. These are connected to the code of conduct and are included as exhibit 4 - they explain how to investigate violations of the code of conduct. If a student waives the right to the panel, VP or her designee can review the facts. Under the new policy, what standards does the panel use to determine whether the allegations are sustained? They will be training the panel and pulling one together for the start of the academic year. Generally he is present, as is the director of the office of rights and responsibilities, they introduce themselves. If it's a panel, he is neutral and makes no determination as to responsibility. Then will present the allegations and the report. Depending on who is available and who comes in, if the accuser wants to present to the panel, that is allowed. Otherwise can write a statement and he or the director of can read. Accused comes in and if they want to make a statement to the panel can do that. If there are any witnesses can make provisions for them to come in. No one in the room at the same time, done separately. Panel then discusses in his presence Dir ofR R) whether the allegations are sustained and what sanctions to recommend. He then brings it to the Senior VP to determine sanctions. of the faculty student senate see p3 of policy. in newpoii. ?Panel uses preponderance of the eVIdence. "Ff unless highly relevant. See p. 4. Accused has the right to waive the panel. Does the accuser have any say in this? No. If the accused waives the right to the panel, how is it determined that allegations are sustained? Accused can only waive right if they accept responsibility. If they don?t accept responsibility, the panel is the sole fact finder. In your own words, what does accept responsibility mean in the context of the new policy? Accused acknowledges that 5/ he did what was accused of. This policy only applies in cases of sexual assault, not sexual harassment. Does this apply in a case where a student comes forward and says that someone has done something but doesn?t wish to file a complaint with police? If they don?t want to file with the police they still initiate action, which is the case even if they don?t want to go forward with a formal complaint. It depends on what information they share if the information they present is something that would be a violation of the sexual assault policy would tell them that they would have to follow through with the investigation for the safety of the community at large. In the case where a student comes to the university and alleges that a sexual assault has taken place, and choses to file a formal complaint with the university but not the policy, have you encountered this? Yes. Student has the right to go to the police on their own and doesn?t necessarily get in the way of the process. School is still obligated under the policy to take it seriously and investigate and adjudicate. Have you encountered a situation where the student declined to file a formal complaint and the university pursued it anyway. No. Policy currently in place for investigating complaints of sexual harassment that aren?t sexual assault? Exhibit 5. Summary of the procedure that is followed if there is a complaint of sexual harassment: He does the informal procedure, so meets with the student first. Sometimes get it in writing, and then calls in the student. Sometimes the student goes to the director of student rights and responsibilities. Reviews written complaint and then asks questions. Explains to them what the process is, shows them policy and prints out if they want it. if it?s a staff or faculty will contact HR and meet with faculty and staff along with HR. After that HR will take the next steps and tell the employee what the conclusion was. There's also a formal grows: as well -- person filing the complaint can as formal if ii il's a student who is accused -'hey are able i0 adjudicate minimally-Works abnui 99% of the time, Doesn't recall a case of studem againsl student sexual harassment. Definitions in policies define difference belween harassment and assault and that's what they follow Policy fursexual assault complaints: does the university have any guidelines or policies forwhen they would directly contact the police in a sexual assault case? They wanted to know it we meant campus Campus security. They always let campus security know-- this is the police for the campus. Does campus security automaiically contacr the police? Tell student that they can alwaysspeak to someone in security and they can help them go to the police it they like lithe student didn't want to call the police directly, would noriry security and then let thern make the call to the police if necessary. In terms or the old sexual assault policy (exhibit 5), can you summarize the main differences between this and the new one? One cfthe nrain drirerences is that the choice of whether or not to go to a panel has changed. Under old policy it meant that someone in lhe oilice ofsenior VP --generally him --would determine responsibility irstudent waived right to panel Now it's always the panel unless admits to)- wrong dolng. Alsu, the definition orsexual assault has been Clarified, standard of review, definition oi consent has been clarilied. Title 9 designation in the new one as opposed to the old one. Also took a look at readability. Tried to avoid having too many links and references to other policies --this all fl eflj started in summer 2010. Prior to (hat had been interested in having most robust policy - but went to . conierence and worked on revising the policy. Wanted rt be clearior everyone to understand. standard oi review was clarified--canyou explain specifically how? Clarified thatthe old policy isin 2b. . at A New policy says standard of review is preponderance vi the evidence. Actually it looks like 5 and 2t: ore/1' similar, but not sure which Is old policy. They will clarify. a ufy Ki--current SN policy in dz. 2a was snapshot at old horn the website. Exhibits ls 774 I current policy on harassment. Current policy in Exhibit 2 is up on website now. Will iind the date and email to us, In the event that you determined that sexual assault had laken place, whal steps did you take ior both the accuser and rhe accused under the old policy? in the rwo cases he adjudicated there was no tinding pm. --Did he waive his right to a panel? Ves. Walk us lhrough the process starting with the time when you were notified. Received an incident report that was with office of R. Was found to be accuiate. Referred the case up to him from DE Leon, talked about the policy and procedures. communicated with-- Explained to him ills righi (a the panel or to waive. Met with him and reviewed the allegation and allowed him to respond. In "lid Case Couldn't find with any reasonable certainty that it did or did not occur. It was about something that lack place in a room where there those two were Had her Statement, and his statement. There were some similarities. He claimed that everything that occurred was consensual and there was no forced or unwanted Sexual activliy. Could not determine which Versinn of events was more credible, Were there any witnesses?-had mentioned that there were witnesses who had seen hetstumhling to the room and had to he carried. They did speak to the witnesses and said she was not stumbling and didn't appear to be intoxicated or have to be carried to the room. Standard he was usin etherarnurire'cuulddeter with reasonable certainty that evenls did How does the standard of reasonable certainty preponderance oilhe eVidence? Prepcnderarice of the evidence is whether there is more EVidence on on! side or the other. Reasonable certainty is whether he felt that there is enough information available for him to decide that It did occur or did not occur. when one person is adjudicating would look to see if there IS more support that it did r. And if he couldn't determine if it did occuror didn't. What other ractars other than witnesses would you use in assessing credio (V7 Would look at both statements and try to see ifune studentwas more credible than the other in the intormauon they were providing. Where does the standard reasonable certainty come horn? Not sure ll it is written anywhere in old policy, in terms oiinterrnediaryseryices proVided between the time of reporting and the time of adiudication, who is responsible forthis? Dependscin circumstances -- is it reported at night, do students live on same floor, did student report to the police, etc. Are very clear to students that there is no contact and no retaliation. Asks whetherthey have contact and are in same classes, etc, The circumstances or every case will determine the specifics of what will happen, Who do they see first, when do they make the complaint, The basic spirit is to protect the spirit, take for safety and the student's well being. Make both accused and accuseraware or counseling and health services, Not a pleasant experience toranyone. Before you make the determination, ifvou find that the students are supposed to be together either in classes or dorms or cafeteria, what do you usually do? General rule separate the residence. could he exceptions to that. ifstudents don't care that they are 'in the same residence. Safety and well being Is the priority. is there a particulardorm that you would move the accused to? Would depend on availability and the gender. Males and remales not housed in same room, though they are on the same floor. Under the old policy, did the procedure ror handling these complaints change it drugs or alcohol is involved' Follow the same procedure, wDuldri'l be altered student has been drinking ordoing drugs. Intoxication doesn?t excuse inappropriate behavior. Eg if they start throwing chairs around. What about consent? Does it negate consent to sexual activity? That is very fact specific. Could Speculate about various scenarios. Under the old policy, what was the standard for whether intoxication negated consent? Nothing under old policy. Would have to speculate. In this case with Julia, she said she was intoxicated but the witnesses said she didn?t appear to be that way. Chain of command for dealing with all things related to sexual assault or harassment: Student with a complaint of sexual assault of harassment would meet with him first, be in communication with HR if faculty or student rights and responsibilities about what happens next. He is the liaison with the student. Makes the initial contact and his role is to support the student and make sure that the process is followed correctly. Keeps the student informed of what?s going on, etc. in case of sexual harassment he is the person in the university who deals with those. They might get to the director of student &r first, but then he takes over even if they have dealt with Gene first. What is the role of campus security? What is the interaction between the two of?ces? They refer all students to student R. Communication is strong. Any case where a student reports a case of harassment to them if it involves another student security will refer to 8: but if not then doesn?t. When the harasser is not a student, but the victim is, does get involved in that? Absolutely. If a student goes to security, they will call and tell them about it even if the accused is not a student. Student services job is to take action to help students. in terms of the reverse notification, it was our understanding that you notify campus security of cases involving sexual assault is this in every instance? Yes. Also inform students of the importance of going to the police. At the point when this case was filed, how were students made aware of how to file a complaint? Available on school website and as freshmen do an orientation about the policies. Also give them handbook. Used to do in person orientation about the handbook. Now with the volume of students had problems getting them together. Tried online orientation with varying success. For students who live on campus the RAs will meet and go over the ruies. Orientation is a multiweek process, where there is a weekend and then a welcome weekend. For all new students coming in there is an in person orientation. There is also an online sexual harassment training students can take before coming. Is there any aspect of orientation whether in person or online that focuses on sexual assault on campus? It?s addressed but not in great detail. New policy has a huge enhanced educational component that is happening now - the opening of school is in 3 weeks, so there is a student services ed committee. Have been meeting with representatives . Chairs the committee to deal with this to do training throughout the year not just sexual harassment but all sorts of health related issues like alcohol. Developing a training program for the hearing panel. Scheduled to take place early sept some scheduling difficulties. There will be an online training for ali students on sexual harassment and assault. Not mandatory, recommended and advised. To make it mandatory wouoid have to have some sort ofconseouence like a hold on their registration. You mentioned student handbooks -- is the sexual assault policy in there? Gave us 201041 one, new policy not In there. The one for the new yearprobably was primed before the new assault policy was put in place so it might not be In there. Old handbook had the sexual harassment policy In there, but doesn't think the sexual assault pollw was included Polity On line-- has anyone ever said that It was hard to find on line? ND. How would you gn about finding it? There is a search function on the website that you there. As a student they would just go to the web page, and wouldn't be familiar with the policy idea is to make it as student usable as passible so had it in as many places as possible. is is the hornehase forthis stuff so try to enforce the message over and overagain Clarify tilleias the assistant director of student Ilfe, oversees 5 offices, one of which is St is there an internal websne for studentsor are the policies available regularly on line in the same way? There's the regular woosite for everyone that requires a portal. The poiicies are available on the regular website that is available to everybody, Not sure what is in the portal. Thinks that nothing is different in the portal. The idea is that students shouldn't have to log in to find a policy. lt's on the main website, didn't change during this school yearto his knowiedge, lfa student comes to you with a sexual assault complaint, you said that you go over the policies with the student. Do you actually provide the student with the policy? Showthem where it's located and ask them ifthey wantto print it out for them. Thinking they mightjust keep 20 copies. Any time anyone comes in with a complaint ofsexual harassment will show them the policy as a routine mattor lot: is to work according to university policy to help students. in orientation and at various times throughout the year, the existence oitheirorfice is stressed to them, ifyou go into My New School, there is a list of the various offices for students to use a tztli is included. Also do a tremendous amount ofoutreach to the other oliices and have avery good working relationship with 8 schools at the university. Knows the advisors elc. Almust every day ofthe week gets faculty members calling them to ask iflhey are the correct office In refer a student to . KT. even though It's a large, complex university, (here are a few offices that are Centralized, and student aifairs are one ofthern. Everyone knows where all things student related should go. Understanding I5 that she went to a faculty memberwho told her [can't rememoer this person's namei to go [o R. Met with Gene who according to theirworking relationship and procedure came to him and discussed what steps to take aftershe had already spoken to her. she handled the initial interaction With the student thinks anotherstudent came in too - Thinks that someone tram student support wasthere too. Ask Gone for the specifics. Aher Gene made you a r; otit, wh happened? his peispect e, reviewed the reportthat Gene generated. invited her n, expialned her what the policies and pro dures are. Doesn't read the policy. Metwth Gene ri Feb 17 an rnetw'th Tom on March 11. Gene was present as is eoinmon practice. this is due to [7 th comro beable to answeraccurat Map to have the to cover in ase either one isout. So meian complaint, asked ifshe had anything leuel a ahility to monitort ings and ifthere are any questions to Had you started any otyour investigation at this palm? Always starts by meeting with the complainant first. Just had read the complaint. The next step is to speak to witnesses, Then has to meet with the studentwho the complaint is tiled against What was the reason forthe space between the time Gene met with her and you met with her? Might have been due 10 schedulingi Doesn't recall. Gena would be better able to answer since she helped him schedules it wasjust due to everyone's schedulei Wouldn't pressure someone filing a sexual assault complaint to come in immediately lithey were busy. Vou said that during the meeting you communicated the next steps. Told hertliai he would review her written report and would go over the things that were said that the meeting. Said would be meeting with the male student, explained the policy that was in place atthe time. Looked at the handwritten notes we were given, These look like Gene's notes from hermeeting on 2/17. Can't recall the play by play or the meeting Reviewed complaint but not sure it reviewed her notes line byline. The goal is to haue clear understanding orwhat she was reporting and to give the student a chance to say their piece and ask questions. Do you have the student start from the beglnning and tell them the whole story orjust confirm the notes. His background Is In counseling so want to make sure the student is as comfortable as possible, like I know you have already shared this and ask the student to confirm what has already been written down. So try to get them to confirm without golng into too many details. Do you recall itshe had any questions about the process moving iorward? Routine to glue the student as much time to ask questions as pussible, but don't recall lrshe had specific questions. When you met with her, you (ind her story credible? Hisjob is [a lack a\ credibility after he hears both sides ofthe story. Doesn't makejudgement calls at that momenl. Do you make determinations when you meet with the students in a he said she said situation? Not tairto judge people. Take great pains to keep the students separate Did she during the meeting anything ahout having difficulty finding the policy or finding their office? Doesn't recall that or believe that she did. in generai ira studentwould tell him that would apologize and tell them. Afterthe meeting, he reviewed the in cident report again Nuw that met with student and had the response, since there were no witnesses had no one to speak to. Caiied in the male Student and met with him. Made aware nf rights to waive panel. If there is a panel, he is neutral and makes no determinations. l1 student waives panel, then he has to do it. He was the only one in the room, reviewed the allegations and gave him the chance to respond, Then when he left he had to determine whether sexual assault did or did not occur. Once he made that decision he had to notify the students of the outcome. in this case, we understand that there was an exchange of text messages. did they tattur into your determination? This is a tremendous responsibility since the student had waived his rights to the paneli Reviewed the definition of Sexual assault underthe policy he was WOlkiflg on. (Exhibit Zbi "noncansensual and coerced sexual activity involving forcible touching"), Went over the texts and he acknowledged that the exchange had taken place, He said that in the texts he didn't acknowledge that he had Iarced himselfon her. in her complaint she had said that he had touched her crotch 10-15 times and she had moved his hand each time. Hedenied it. According to her the boundaries were clear. According to him it was more nuanced. They had started making outand then stopped and went back to their own moms. Then went back to his own room but came back and then started up again and it got complicated. He doesn't acknowledge that he forcibly touched her. Hard decision to make Glad there isa panel now, tooked at the texts. When he said I'm too intense ioryou what did he mean? He reviewed the exchange with him and said that they were making out and they would stop and talk and things were very nuanced. His take ironn him was that they were trying to decide how should go. when 2 people are engaged in that sort oractivity it'svery nuanced, He said that at no point in the activity did she make it clear that she wanted it to stop. what about her iirst statement when I said no to things and you kept going that was not cool and he said "ifyou can't handle fooling around with a damn guy that's tine" -- how did you interpretlhal. Asked him about why he didn't deny haying gone too tarand never says emphatically you neversaid no, He indicated in response that they were making out and it kept stopping and starting even to the point that he went hack to his room and then came back. He was clearthat at any point he never continued to do something inappropriate that she didn't want continue, I'm hearing horn you a lot oi_interpretation otthe texts. Did you ask her how she interpreted them? It was very clearthat she told him that she Was giving the texts as support of heraliegatians. - presented the texts as part of her report and reviewed that with her. it wasn't that- got better treatment. His role 15 to determine whetherthe student violated the policy. She said ihatshetoid him no numerous times and physically moved his hands and that he kept not respectingthat and the texts were in support oithat. Had to ask him questions understanding oi _understanding is that the texts support her version that Jennifergave him. very diflicuit to determine Can you give us a summary of how you gave us the ultimate credibility determination in this case? Finding was inconclusive and was unable to tind with any reasonable certainty that it did ordidn't occur. Couldn't lind with reasonable certainty that he touched hercrotch 10-15 times and she removed his hands each time. ltwas hisy'vdgment. No other physical evidence otherthan thetext messages? Net a lawyer so don't know what physical evidence means. Just statements and texts, no witnesses Di_statements play any rule? No. students in a dorm room with a separation or tlme. Clear that they were making out and they did not want to Continue any kind of relatiDnship. Carl you explain the basis forthe statements in your letterabout not contactlhand moving to the tow dorm, not entering other dorms. Very routine to have students not have contact. clearly two students where one student has filed a complaint and another student is upset so best to keep them apart what about natentering any other residences on campus? Wanted to keep her comfort level as good as possible. Wanted to try to keep them separated. Not clearwhy every other residence --then recalled that she didn't want to have to run into him at any other residence hall so not sure if it was courtesy or not buttried to support. Did you have any connections to placing him on the PNG list? Gene handled it. Were there any otherstudents placed in the 26'" st dorm who had been accused oi sexual assault but not round guilty. KT: his notice that the students who have been assigned to this dorm are reassigned. it is based on availability. Don't assign by allegations iust by availability. Going back to the meeting with-old you bring up with him the fact that she mentioned that she had slapped his hand away 10-15 times. She wasvery clear that itwas at least 10 and might have been as much as 15. He was very clearthat at no he had done it. Did you address the text where she sald I removed your hand57 He said that his respanse never indicated in the text that he had done it. Did you ask why he didn'tdenv it? Helust said that she wasn't a good communicator and things just didn't work out. ltdoes seem that she is veiy clearand he didn't deny anything he said that he round her annoying and wanted to end the connection, Did you ultimately make a determination as to her Just what he said in the letter. It's a huge responsibility tor one person Gene Puno de Leon MN, RS 3/22/11 Missed _aamaiants First came to heron 2/17 with a friend others. called hy iront desk to say that 2 students wanted to report a sexual predator. That's when-first recounted her complaint ofsexual assault. First she and-said that they wanted to speak to her about a student ofcuncerrl, They said that both orthern were talking about a male student in the cafeteria and discovered it was the same person- had an encounter first semester but not a physital one. Both students telt that what happened should he reported to her. Then-started to recountwhar had happened 2 or 3 weeks prior Felt thai he had touched her against herwill. Asked her irshe wanted someone from student support and crisis management to sit in on the meeting. she said that she did, so asked Maureen Sheridan, Director at student crisis and Suppurt, to sit in, so she did. -a she said that she put him in a choke hold but that there was no physical oontaet. She said that she put him in a choke hold to demonstrate something, out not to fight him off in anyway. hioteswhere it says unzip her sweatshirt and pulled herscarf~was that what she said he dld? Don't recall. she said that while she didn't feel threatened by him, she wanted to demonstrate that she was more than capable ottaking tare or herselr Doesn't recall the context of the unzipping the sweatshirt but does recall she said that there was no physical context. why (-come" She came with. To support her since they were friends and that she knew him. Looking at the notes, where she said that She couid tell he wanted her there for Sex, etc. What was the context orwhat she said? She said this wasa bad date What happened next? At that point she told both students that itat any point after their meeting anything else happened they should contact her. Asked _it she wanted to formally report this as an incident and she declined, Encouraged both students to work with management to get any support they needed, Asked-slnce she mentloned that they both lived in the same dorm if she wanted to mave, told her she would move him as soon as possihle, and said that irshe wanted to move, they could help make that happen very quickly-- option was hers. Said that irthere were any witnesses she should tell her. Said would hand all the info to Mr Nice since he would handle the investigation Asked her it she had any questions Again said could help her it she wanted to move. sald Ifthere was else it she forgot or didn't (remember Slle mentioned that there were texts that she had exchanged, and she forwarded them to her later, Bath Sets of handwritten notes are hers. Taken at the same time. The one with January 30 on top is "to second page. When she meets with a student who reports any incident that may be traumatizing, refers to counseling and or the office management. Maureen Sheridan was present, so referred them to herlorany additional support services that they might want. Does herofflce typically (allow up on providing that support? Thinks so, they are under the offices of the University Health Center, so works With them to get any support they might need. Do you know if the complainant actually recelved Counseling? ND. 50 is it fair to say that this Milne is the investigative arm? Yes Support is handled by Support and Crisis Management. initial discussion with the complainant - during this meeting did she make any reference to having had any dimculty the procedures for how to file a complaint disexual assault? No. In that meeting, did the complainant recount the events multiple times or once? Both directiy to you and itthere were any other inviduals present. it once in heromce, hence hernetes, and then everytirne she repeated something hackte her she would rememhersomething else, so that is why there are the scribbles on her notes, and she repeated it hack to her to make sure it was correct. Went back and forth over the diilerent points, Did she at any point saythat she telt she had to repeat herself too many times? At the end ofthe session, she said that she would review her notes and type them up and asked if she could call her back in to review it for accuracy] and she said that she did not want to have to repeat herselfagain to her. Are you involved in making the credibility determination? No Reviews all the cases Mr to make Sure she has all the information. Does he ever ask you if you found witnesses believable? Yes, he ask you mat in this Case? Doesn't recall {hats Do you recall if you ever told him if you found her credible at not? lmade no stalements to him like that. Do you know if he ever consulted with the crisis office in making his determination3 Dnesn't know. Did you speak to the accused student? Met with him the following day. Called him into herpHice and said thatthere was a complaint cfsexual assault and that anotherstudent had recounted an encounter that they had the previous semester, and that the complaint was from. Recuunted the events oflan 3D. offered him a support person there, and Justin We, the assistant director ofcrisis support, was there. said thathe could go ahead and give her hisversion of events or wait and give it at a later time. Explained process and sald that mcdonald would receive all the information she gathereds Notified him that she was removing him from current dorm and relocating him to another dorm, which was a standard pan otthe process, Told him natto contactl or-iorany reason and that he cvuldll'l return to his dorm for any reason, and needed to clearout orthe dorm right away and could only go back to get something under escort. Did you give usyour notes from the meeting you had with him7 Doesn't believe so. Asked tor a copy or that. Can you summarixe the information orevidence that you turned overto him? Written notes of both meetings, the text messages, incident report that she typed up. old you discuss the credibility ot-at any point with Mr Mcn? Doesn't retail, just gave him inlormation. Once you turned over the information to him, did you play any role in the determination of whether a sexual assault occurred? No, was present at his meeting with. but not with - Was the meeting with-on or around 3/11? Yes. can you give a brief overview otwhat happened at the meeting? l'hinks he reiterated an overview of the notesshe took at the meeting, He asked itthere was anything she wanted to add. Thinks he asked itshe could review the incident report that she had put logelher. she said that she did not want to repeat her story or have it repeated to her. He said that he would review the information and meet with-and make a determination. Did--report come up atthat meeting at all? Doesn't recall. when you said that you would relocate-to anotherdorm, you said that you told him standard procedure. Can you elaborate? Whenever there isa mmpiaintofa conflict between two students, will separate them. In this case, the complaint was against him, so moved him Where did you move him to? The 20'" st residence hall, where there were male seats available. This is across the village Haw do you typicaIEy selectwhere to move a student who has been accused of sexual assault? will base the decision on availability and proximity to the accuser to try to minimize the contact. in the other cases of sexual assault that you have handled, which dorms have you moved tile accused students to? Only nne other case and the student did not move Was not given the option to move that student. Made a request ifit was OR to move him and was [old it was not necessary. William Juhnson. who told you not necessary and why? Always runs these things through Tom Mco, He was the one who said not to move him, said because early on in the investigation so not do it Didn't make any subsequent requests to have him moved. On Feb 17, you said that you offered the complainant assistance in moving. Did she ever take advantage of that offer and if so, how? Said she?d get in touch with housing immediately to get the moving process started. Said would check with housing staff about available female housing spaces and said would find availability asap. Gave her Robert Lutomski?s number and said he would help her get that move done. Did she complain to you about the housing process? Not to me, know. Knows that she complained to Robert L. She believes she heard from him. Recalls that she wanted to move with her former roommate and thinks there was a problem in figuring out what room she wanted on what floor. Did he ever express any kind of annoyance with her? No. Did he or anyone else tell you that she was having problems with her mail at any point? Only found out when they were putting together the packet of information. Can you explain what happens in the event that a student refers a complaint to you of sexual assault? Will make sure that they know about crisis support office. If they provide info about residence hall, will ask if they want to relocate and if they have any concerns about housing, will iet them know they can do that at any time. Notifies Tom if they have any information of the nature of the allegations and let him know that the student didn't want to pursue any formal complaint. Keeps the information in the event that the student changes his or her mind. Does the decision whether to actually investigate depend on the complainant giving consent for the investigation? Yes. Can you envision a circumstance in which your office may continue to investigate in the absence of the student's consent? If the situation brings up 8 ca use for safety or concern of other people, will tell them that they might have to go forward anyway, and will try to alleviate their concerns so that they want to go forward. Has there been any situation like that where you went forward even after the complainant declined to pursue the investigation? Not that she can recall. Regarding the accused student, did the complainant ever come to you and make any complaint that he was not banned as he should have been? Knows that she emailed her because she saw him in the cafeteria at 13?? st. This was on March 1. Did you do any follow up after receiving the email? Notified Mr. and the Assist Dir of Security who made sure that he was banned from this cafeteria as well. Was the accused student also banned from her residence hall? The scope of the PNG was initiallyjust the original dorm, since she was not aware of where she was moving to, and then it was expanded to all other residence halls, including hers?. Believes this was after the spaces were con?rmed - once he had moved completely to 20?h st and when she had chosen Ioeb. Can you expiain a bit more about that - was she given a choice of dorms? Told her that first she had to check on availability, since first they have to look for appropriate spaces and see if it was something that worked for her. Was she given any more or less choice than any other student? She worked directly with HOusing staff. How was he notified of the expansion of the She sent him an email about his first one and followed up her meeting with him. Believes she sent him a follow up letterjust to summarize their meeting. Thinks it was in that letter dated 2/24. Looking at it. We don?t have it in data, so asked for a c0py of that as well. Who is responsible for ensuring that students are on the PNG list? Security office, and if a particular person is banned from a particular office, also notifies residence hall director. When he was first PNG this did not include the 13th st cafeteria, since he is on a meal plan and this cafeteria is one of the only other places where students with meal plans can go to get their meals. But then after she emailed him they expanded the ban to include the cafeteria. Do you know why these arrangements were kept in place even though the allegations were not sustained? To keep them from further contact. Standard procedure sometimes, and he did not appeal this decision. in what circumstances would this be standard? Want to make sure that regardless of the outcome, that students minimize contact. Neither party objected. Instances where there are altercations or physical incidents will keep that separation continuous. Do you know what the plans are for housing or other kinds of contact between them for this semester? Question for Linda Reimer, but pretty sure she said he will be on leave for next semester Scott, Ronald From: Sent To: Cc: Subject: Pomerantz, Rachel Monday, May 09, 2011 12:10 PM Nunberg, Miriam Scott, Ronald; Bowen. Felice RE: Summary of New School Allegations (02-11-2094) 'l'im agrees that we should open this as a class allegation. He suggested looking at the URL for the. SUNY compliance review. I?d like to review this before we issue it. ?l'hanks. From: Nunberg, Miriam Sent: Monday, May 09, 2011 11:55 AM To: Pomerantz, Rachel Cc: Scott, Ronald; Bowen, Felice Subject: Summary of New School Allegations (02-11-2094) Hi Rachel, Here is the summary you requested. The complainant raises two general allegations: 1) She was sexually assaulted by another student and the school failed to respond appropriately. Here is a summary of what happened: A. B. 2.) Jan 30, 2011, a student who lived across the hall came into her room and sexually assaulted her. The next morning they exchanged a series of text messages in which the complainant says he implicitly acknowledged that something inappropriate had happened the night before. February 17, 2011, the complainant reported it to the University. She provided them with the text messages, as well as with a statement from a friend of hers who had been assaulted by the same student (although apparently it wasn?t as bad an assault, since her friend was able to fight him off). The complainant feels that the University traumatized her by requiring her to repeat her story several times and then having her listen while they read it back to her each time. The University moved her out ofthe dorm she lived in within a day or two of her reporting - first to a temporary dorm for a week, then to a more permanent one where she could live with the same roommate as before. They also moved the student who allegedly attacked her out of the dorm as well. The University told the complainant that he would be banned from her new dorm, but she obtained access to the list of students that were banned and least a month. The University offered her counseling, which she first rejected, but then utilized. She thought the first person she spoke with was too rushed, but a week later she started with another counselor whom she saw for approximately a month. The University investigated the incident, but there were no witnesses other than the complainant?s friend who said that the same thing almost happened to her. The student who she accused was found not guilty (he waived his right to a hearing), and when the complainant wanted to appeal she was told that she didn?t have the right to one. If he had been found guilty, he would have been able to appeal. When the University told the other student that they did not find him guilty, they said they would be moving him to a different dorm, and that he was not allowed to use the same cafeteria as the complainant for the rest of the semester. She also feels that the school fails to respond to complaints of sexual assault, as evidenced by the fact that an RA told her that what they did in her case (ie, not find the other student guilty, but just move him to the other dorm) is what they always do when someone is accused of sexual violence. This RA lives in the dorm where he was moved and told her that there were other students there who had 1 been accused, but not found guilty of, sexual assault. The complainant says that further evidence of the fact that they always ignore these cases can be found in a recent student newspaper article that reports that no complaints of sexual assault were filed pursuant to the Clery Act between 2007 and 2010. The article includes a report of one student who was assaulted in 2009 and left the school due to their handling of the incident. Let us know if you want to discuss Miriam ramming Kella Tannanl PNG lime E. MW 7 '44";m44" fl. ml" GEE TO: YEMEN Kaila My. 5/31/2011 4:23 Sume PNG (lmeine lunch-wants: on Slxual case Hl Kaila, In response In oa's inquer inln me demils mire PNG pm mgamer the llrnanne below. z/la/znn 7 mat with sum told nun vetbally mamum 5an park. 7 sen: a rwwun em! to student regarding mm: (0 mm sum and ms ban/Pm Nam 5cm Park swketo thumb: Wmhuflmtanfl made an 5m wasa'waremak swdentwasto be me rm smy - an Hnail team (Tom W, Tracy mm, Maureen snarnlan, mm LmomskD mama men an move and we (man my 2/24/2oll sent swam followup ma walling 2/15 mung am lnat case was Mensa toTum Maw-nu Lamar Ms Mm he Li not wowed to HIM Smy or HIV arm: me! nulls until fumr "mm. mollng had vemalry la Sammy mound me wzek o1 Fehnrary 215: a: Warm men or madenl's me, [an nut nave an emll recnm or phone log remm 3/1/2011 sent an c-mall askml] 17--was 13th Street Cafmna because she wanlad avold rum rig II to never Ifilerl salt an ermdl to security mm a listof names in! WC, know have any addmonal questions. Thamsl Sen: Ms. t'gne Pam-De Leon Sudan Rims and Rasponsilriin'es 79 film Avenue, 5th Floor NV. NV 10003 (212) 22975349 at. 3653 glam 1TKeus Tennem Ugdaitzan Sexual mm: Gm: 71:>>de Tn: u, Jum, Mom, Raven; McDonald, Tom; Robin. Tracy; Shaidam Dm- 2/18/2011 4:57 PM mum: upam on Sexual mscomm age Hello me 31 were explal a mpy of me handbook, and men pmedtd give mm 2 Is shared by and ms vevsmn of mews or feel he mean her and he was adamant be mu nntdo agam her [lead him me texts that sent me and he momma m: textswue mm. lell lyye up the notes on unscay for the me. im-- me accusad mm. at 10303" Jusu'n was Dmsent during the mug, lupwred u: wring me my, 1 mm mm that he would has no temporarily to 20m strut this evening. He }s leaving mom man: for Montreal (7) and mu return Monday. I sent an e-mail mm Immaan on no gas and that he \5 me from Sun urmI mum name. He said h: mm mommy. Rob mnfied his star! hemporarv m. Am [spoke to Keuylayce so mats)": knows that once-Is over a! mm 51., that he ns PNG and the mama ms aid m' 1 mid him than would louow up next week with me um mp5 In the mass and that me AVPM and Dmnus Lie was wave of me incidenL Thanks and have a good weekend, Ge": Ms, Gene won Dmclur Student mm: and 75 mm Avenue. 5m Hour NY, NV (212) 2295349 ex: 3553 Ran/2011155113 Tennenl'LFvX/d. WW 35gng mm: Keifa Tame"! Kalle Ran van: fill/2m) 9:16 AM hm Fwd: Please 5a: ammrs/cau mamas [haw 5/31/1011 3:01 PM Kaila, The mural PNG was \ssued Gene's emau me 3/2/20" 1 pasmd < Persona Non Gram AM New School Dormilovies Efledive: Duwflon: 3/15/] I Unfil fuflhet nofice. fl -- Age: 21 D.O.B.: Helghf: 5'8" Build: Hair: Brown Eyes: Brown kl: lrom an Dormitories excep! 300 Wm 20*" Street. kggyag MADE BY: am: 30401 Security Department Th: School 55 West 13'" Street, Mezz Ymk, NY 10011 Scou,RonaM From: Scott. Ronald Sent: Wednesday, August 17, 2011 3:56 PM To: 'Miriam Nunberg' Subject: FW: FW: OCR Case No/ 02-11-2094 Original From: Rachelle Gaston [mail :gastonr@newschool.edu1 Sent: Wednesday, August 2011 11:25 AM To: Scott, Ronald Cc: Nunberg, Miriam; e' Subject: Re: FW: CC se No/ 02?11-2094 The phone number to all is 212-229-5432. "Scott, Ronald" 8/17/2011 9:16 AM Dear Ms. Gaston, I am writing now to confirm the date of August 22nd for erviews starting at 9:00 a.m. Would you kindly provi the number we should call. A 0, I'm attaching a copy of OCR's Notice of Interviewee R1 Should you have any questions, ree to contact us. Thank you again. Sincerely, Ronald L. Scott Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 10005 Phone: (646) 428-3820 Fax: (646) 428-3843 Email: Ronald.Scott@ed.gov Web: Original From: Scott, Ronald Sent: Thursday, August 11, 2011 4:01 PM To: 'Rachelle Gaston? Cc: Keila Tennent; Nunberg, Miriam Subject: RE: OCR Case No/ 02?11-2094 Thank you for this information Ms. Gaston. The date of August 22nd and the time slots for each witness look fine; however, I just need to confer with my colleague Ms. Nunberg. We will be in touch shortly to confirm. Thank you again. Sincerely, Ronald L. Scott Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 10905 Phone: (646) 428-3820 Fax: (646) 428-3843 Email: Ronald.Scott@ed.gov Web: Original Message-?-?- From: Rachelle Gaston Sent: Thursday, August 11, 2611 3:55 PM To: Nunberg, Miriam; Keila Tennent Cc: Scott, Ronald Subject: RE: OCR Case No/ 62-11-2094 Good Afternoon, All parties involved are available for the interviews on Monday August 22nd starting at 9am according to the time slots that you required. Kelly Joyce 9 am (for 45 minutes) Linda Reimer: 9:45 am (for 1 hour) Gene Puno de Leon: 10:45 (for 2 hours) Thomas Iliceto: 12:45 (for 1 hour) Rachelle Gaston Secretary Office of The General Counsel The New School 86 Fifth Avenue, Suite 800 New York, NY 10011 Phone: (212) 229?5432 x4929 Fax: (212) 807-1913 E-mail: gastonr@newschool.edu STATEMENT OF CONFIDENTIALITY DISCLAIMER The information contained in this e?mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e-mail and delete or discard the message. Thank you. "Nunberg, Miriam" 7/27/2011 3:36 PM Dear Ms. Tennent, We have reviewed our schedule and it looks like the week of August 22nd is open for interviews. We would like to try to interview everyone on the same day, if at all possible. The following is the list of witnesses, with approximate interview that we would like to propose. We would like to start at 9:00 am. Kelly Joyce - 45 minutes Linda Reimer - 1 hour Gene Puno de Leon - 2 hours Thomas Iliceto 1 hour We will call you tomorrow at 9 am to finish up the interview with Tom McDonald. Hopefully we will be done by 10:00. Miriam A. Nunberg Staff Attorney US Department of Education Office for Civil Rights 32 Old Slip, 26th floor New York, NY 10005 646-428-3830 (voice) 646-428-3843 (fax) miriam.nunberg@ed.gov SUNY COMPLIANCE REVIEW INTERVIEW QUESTJONS UNIVERSITY POLICE CHIEF l. Background . What is your current title? 0 When did you start? 0 How long have you been in this position? 0 Describe your current role and duties at the college. Briefly describe your prior employment history before beginning this position. 0 How many law enforcement employees are at the coilege? How many law enforcement employees are under your direct supervision? ll. Non-discrimination Notice 0 Explain your familiarity with the College?s Title ix policy. 0 Where is the College?s Title IX policy documented? 0 Did you receive a copy of the school's Title 1X policy? 0 Who provided you with a copy of the school?s Title ix policy? 0 When did you receive a copy of the schooi's Title IX policy? 0 . Where is it documented that you received a COpy? ?e law enforcement employees provided with a copy of the school?s Title IX policy? 0 Which law enforcement employees are provided with a copy of the school?s Title iX policy? 0 When do they receive a copy? 0 Who provides them with a copy? 0 Where is it documented that they received a c0py? When is the schooi?s Titie IX poiicy explained to the College's law enforcement employees? 0 Who explains it? 0 Where is it documented that it was explained to them? ill. Title IX Coordinator . who is respimsible tor overseeing all Title IX comylaints by students? 0 what is their name/titIe/dmies? What other job responsibilities does this person have? - Describe your interaction with the Title ix coordinator when there is an allegation of sexual harassment/sexual violence 0 Why do you interac er tor sexual harassment/sexual violence claims? a How are the other law emplavees informed of who the Title IX Coordinator is? a What is the interaniun between th: Title ix Coordinator and other law Enforcement employees when there is an allegation of sexual harassment/sexual violence? Employee>>to-Employee and Employee-to-Student Sexual Harassment/Sexual Violence - Haw dues the College's law enforcement department respond to sexual harassment/vialence between Cullege emplavees? . what ls the grievance procedure for complaints oi sexual harassment/violence between College employees? - Where does the alleged victim file a complaint? Who cunducts the investigation? I Where is the hearing conducted? ls the local law enforcement agency contacted for sexual harassment/sexual violence between emplavees? 0 Who else ii notified? how does the grievance procedure far these cases differ from the grievance proeetjiiresjor . How does the College's law entarcement department respond to 52m harassment/sexual violence between college employees and students? at is the grievance procedureior temonn harassment/violence between college employees and students? - where does the alleged victim a eompiaint? - who conducts the investigation? I Where Is the hearing conducted? Is the local law enforcement agency contacted? 0 Who else is notified? How does the grievance procedure for these cases differ from the grievance procedures for student-to-student sexuai harassment? V. On?Campus Sexual Violence Allegations What types of conduct constitute sexual harassment? What types of conduct constitute sexuai vioience? 0 Describe any training you have received on making a determination on conduct that amounts to sexual harassment or sexual violence violation. . when were you trained? I Where was the training heid? - Who conducted the training? a Describe the content of the training. 0 Describe the training the iaw enforcement empioyees at the College have received on making a determination on conduct that amounts to sexual harassment or sexual violence violation. I When were they trained? I Where was the training held? - Who conducted the training? Describe the content of the training. 9 Name all of the people and departments involved with handling ailegations of student? to-student sexual violence/sexual harassment on campus. 9 When is your department informed that there is student-on?student sexual harassment on-campus? 0 Approximately, how much time has elapsed from the incident to the time you/your department gets involved? 0 Why is your department informed? 0 Who informs your department of these allegations? 0 Describe how you are informed. 0 What do they tell you? 0 How does your department respond? Vi. Of?Campus Sexual Violence Allegations What is the role of the College's law enforcement agency in off?campus student sexual harassment/vioience? 0 How does the grievance procedure for off-campus sexual vioience differ from the grievance procedures for on-campus sexual violence? 0 Explain how a student makes a complaint for sexual violence that occurred off-campus. 0 Describe how you respond to complaints of off-campus sexual violence between students. 0 Expiain how off-campus sexual violence complaints are investigated. 0 Explain the decision-making procedures for off-campus sexual violence incidents. 0 Explain how your department protects a student from retaliation from an assauit that occurred off campus? 0 Have you been educated/trained on how to respond to off-campus sexual harassment/sexual violence between students? 0 When were you trained? 0 Where was the training held? 0 Who conducted the training? 0 Describe the content of the training. 0 Has your staff been educated/trained on how to respond to off-campus sexual harassment/sexual violence between students? 0 When were they trained? 0 Where was the training held? 0 Who conducted the training? 0 Describe the content of the training. Vli. Grievance Procedures 0 Explain your familiarity with the College?s Title 1X grievance procedures. Where are the College?s grievance procedures for Title lX complaints documented? Are you trained on the College's Title IX grievance procedures? 0 When were you trained? 0 Who conducted the training? 0 Describe the content of the training. Are the other law enforcement employees trained on the school's Title ix grievance procedures? 0 When are they trained? 0 Who conducted the training? 0 Describe the content of the training. Filing What is the first step a student must take to report sexual harassment/sexual violence? 0 Are you/your department involved in the complaint stage of the sexual harassment allegations? What is the College?s procedure when a third party files a complaint of sexual assault/sexual violence? 0 What is the College?s procedure when a student's parent files a complaint for sexual assault/sexual violence? a Who should students file complaints of sexual harassment/sexual violence with? What information must be included in the initial report? 0 Describe the training this individual has received on taking reports of sexual violence] harassment. 0 When was the last time this individual was trained on this topic? 0 Where should complaints of sexual harassment/sexual violence be filed? 0 Once the complaint is received by the College, who is notified? 0 At the complaint stage, are the parents of the complainant noti?ed? 0 Explain why or why not. At the complaint stage, are the parents of the alleged harasser notified? 0 Explain why or why not. 0 Do the College?s law enforcement employees notify the alleged victims of their right to file a Title IX sex discrimination with the school? is there documented proof that the victim was notified of the right to file a Title IX claim with the school? 0 Where is this documented? 0 Describe the training or education which provided the Coilege law enforcement employees with the knowledge to take this step. 0 Do the College law enforcement employees notify complaints/victims of the right to file a criminal complaint? 0 is there documented proof that the alleged victim was notified of the right to file a criminal complaint? - Where is this documented? 0 Describe the training or education which provided the College law enforcement employees with the knowi?edge to take this step. 0 Are incidents of sexual violence reported to the Title IX coordinator? 0 is there documented proof that sexual violence incidents are reported to the Coliege?s Title IX Coordinator? 0 Where is this documented? 0 Describe the training or education which provided the College law enforcement employees with the knowledge to take this step. 0 How soon after the incident must the complaint be filed? 0 How are complaints exceeding this deadline handled? Investigation After a student files a compiaint alleging sexual harassment/sexual violence, what does the College do next? 0 Does the College conduct a full investigation of the sexual harassment/sexual violence complaint? 0 Are you involved in the investigation process of the complaint? 0 Who conducts the investigation of the complaint? Are you trained on the procedures used to investigate sexual vioience? 0 When was the last training session you attended on investigating sexuai violence? 0 Describe the content of the training session. 0 Who conducted the training session? Are the Coilege?s law enforcement staff trained on the procedures used to investigate sexual violence compiaints? 0 When was the last training session they attended on investigating sexual violence? 0 Describe the content of the training session. 0 Who conducted the training session? Explain the investigation process for a sexual harassment allegation. 0 When does the investigation begin? 0 How much time elapses from the time the complaint is made to the time the investigation begins? 0 Where does the investigation take place? 0 Name ali of the people invoived in the investigation process. Who conducts the investigation? I Who is investigated? I Who is responsible for taking investigation notes? Who compiles the investigation results? Who disseminates the investigation results? 0 What is investigated? 0 What is clone during the investigation? What are you/they looking for during the investigation? 0 How long does the investigation take? 0 . Is there a specific timeframe or deadline fer compieting an investigation? I What is this deadline? What is done with physical evidence obtained from the investigation? How is the evidence contained? I How is the evidence marked? . Where is the evidence transported to? Where is the evidence kept? Is this location locked? 0 Who has access to the piece the evidence is kept? Describe the protocol for conducting an investigation when the alleged victim is under the age of 18. Are the alleged victim?s parents noti?ed? Are the alleged harasser?s parents notified? Describe the protocol for conducting an investigation when the alleged harasser is under the age of 18. What interim steps are taken to protect the complainant before the final outcome of the investigation? What is the school's policy/protocol if the complainant no longer wishes to pursue the case at the investigation stage? How does the complaint process change when there are drugs or alcohol involved in the sexuai violence incident? What is the protocol for investigation when there is a criminal investigation pending regarding the incident? What role does a criminal investigation piay in the Coilege?s investigation? What role does a Memorandum of Understanding with the iocal police department piay in the College?s investigation? What is the protocol for investigation when there is a criminal proceeding regarding the incident? 0 When are matters referred to the local law police department? 0 Where is this policy documented? Is the local rape crisis center notified of sexual assault complaints? 0 Describe the procedure used to determine which complaints are referred to the local rape crisis center? 0 Who does the referral? How many complainants have been referred to the local rape crisis center? . I Is the'alleged harasser informed of the complainant? 5 name during the i - How are the investigation results compiled? How are the investigation results documented? it Name all of the people that receive the investigation results. 0 How are the results of the investigation disseminated mail, email, phone, in person}? C. Hearing 0 After the investigation, what does the Coilege do next? 0 Does the College conduct a hearing to determine if sexual harassment/sexual violence occurred? a Are you involved in the hearing stage of the complaint? 0 What is the purpose of the hearing? 0 How many days after the initial complaint is filed does the hearing occur? 0 How long is the hearing? 0 Name all persons invited to the hearing. - Are the parents of the victim invited to the hearing? . Are the parents of the alleged harasser invited to the hearing? - Is the student body invited to the hearing? I Who is banned from the hearing? 0 Where does the hearing take place? 0 How are conflicts of interest between the decision maker(s) and the parties resolved? 0 What is prohibited in the hearing? 0 Are lawyers] representatives permitted to participate in the hearing? 0 If NO, explain the reasoning. 0 if YES- What stage in the proceedings are lawyers/representatives permitted to participate? . Who is able to have a iawyer/ representative represent them in the proceeding? . Who is not permitted to have a lawyer] representative represent them in the proceedings? 0 Explain the reason for this restriction. Explain all other restrictions lawyers] representatives have in the proceedings. 0 Is the submission of evidence permitted in the hearing? 0 if N0, explain the reasoning. If YES- - Who is permitted to see the evidence before the hearing? Who is not permitted to see evidence before the hearing? I How long do the parties have to review the evidence before the hearing? - Who delivers the evidence to the parties before the hearing? 10 Who is abie to present evidence at the hearing? Who is not permitted to present evidence at the hearing? - What are the other restrictions the College has for the presentation of evidence in a hearing? Are parties permitted to present witnesses in the hearing? 0 if NO, explain the reasoning. if YES- I Who is permitted to present witnesses in the hearing? . Who is not permitted to present witnesses? What is the maximum number of witnesses a party may present? . Are the parties permitted to question/cross-examine each other during the proceeding? Are the victim and alleged perpetrator permitted to speak to each other during the hearing? 0 If NO, explain the reasoning. If YES- What is the victim permitted to say to the alleged perpetrator during the hearing? . What is the victim barred from saying to the alleged perpetrator during the hearing? - What is the alleged perpetrator permitted to say the victim during the hearing? I What is the alieged perpetrator barred from saying to the victim during the hearing? What is the standard of proof used to evaluate complaints? [Preponderance of the evidence vs. Clear and convincing) How are the hearing proceedings documented? 11 Expiain how the parties can access a copy/recording of the proceedings after the hearing. How are students notified of the procedures and protocol of the hearing? 0 Name all of the locations where this procedure/protocol is documented. 0. Outcome Are you involved in the outcome determination? Who makes the determination that sexual harassment/sexual violence occurred? How many people are involved in the decision making process? Name the personis) involved in making the decision. Describe how that determination is made. How long after the hearing ends will an outcome of the complaint be issued? How are the parties notified of the outcome of the complaint? Which party is notified of the outcome first? How is the outcome of the complaint communicated to the parties? Other than the parties, who else is notified of the outcome of the compiaint? What is the reason for notifying this individual? Are the parents of the student parties notified of the outcome? Are the iocal law enforcement authorities notified of the outcome? Is there an appeals process? Are you involved in the appeals process? Which party may appeai the decision? Describe the appeals process. How tong does a party have to file an appeai? F. Remedies 12 Once there is a finding of sexual harassment/sexuai vioience, what does the Coliege do next? What steps does the College take to prevent reoccurrence of sexual harassment on campus? How does the coliege monitor sexual harassment and sexuai assauit complaints in order to identify repeat offenders? How does the college protect the complainant from the alleged harasser after the outcome of the hearing? How does the College protect the complainant from retaliation from the alieged harasse r?s friends? What kind of on-campus victim services are avaiiable to the alleged victim? What off-campus victim services are alleged victims referred to? What resources does the Cottage provide to victims of sexuai violence/sexual harassment? How do students know how to report retaliation and subsequent problems? Describe the follow-up done with the complainants to determine if any retaliation or new incidents of harassment have occurred. 13 UNllti STATES Ulil?AK'l'MtiNl' Ul" May 23, 2011 David E. Van Zandt President The New School 66 West 12th Street New York, New York 10011 Re: Case No. 02-1 1-2094 The New School Dear President Van Zandt: On April 5, 2011, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint ?led against the New School (the University). The complainant alleged that the University discriminated on the basis of sex and engaged in retaliation. Speci?cally, the complainant alleged that the University failed to respond appropriately to the complaint of sexual assault that she made on or about February 17, 2011 (Allegation 1). The complainant also alleged that in retaliation for her sexual assault complaint, University staff delayed delivery of her mail from approximately February 2011 through May 2011 (Allegation 2). In addition, the complainant alleged that the University?s policy for responding to complaints of sexual assault is not equitable, as it permits the accused individual but not the complainant the right to appeal the outcome of a hearing in a sexual assault case (Allegation 3). She also alleged that the University fails to adequately publish its procedure for responding to sexual assaults (Allegation 4). Finally, the complainant further alleged that the University fails to respond appropriately to complaints of sexual assault (Allegation 5). OCR has determined that it will investigate the complainant?s allegations. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681 _e_t seq, and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in programs and activities receiving ?nancial assistance from the US. Department of Education (the Department). The University is a recipient of ?nancial assistance from the Department. Therefore. OCR has jurisdictional authority to investigate this complaint under Title IX. The regulation implementing Title IX, at 34 C.F.R. 106.71, incorporates by reference 34 C.F.R. 100.7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d gt which provides that: OFFICE SURNAME DATE OFFICE SURNMAE DATE OFFICE SURNAME DATE 3 . UNITED STATES DEPARTMENT OF EDUCATION 32 OLD 31.11). 26?? FLOOR YORK. mew YORK 10005 BLANCHARD DIRECTOR YORK May 23, 201 1 David E. Van Zandt President The New School 66 West 12"? Street New York, New York 10011 Re: Case No. 02-11-2094 The New School Dear President Van Zandt: On April 5, 2011, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint ?led against the New School (the University). The complainant alleged that the University discriminated on the basis of sex and engaged in retaliation. Speci?cally, the complainant alleged that the University failed to respond appropriately to the complaint of sexual assault that she made on or about February 17, 2011 (Allegation 1). The complainant also alleged that in retaliation for her sexual assault complaint, University staff delayed delivery of her mail from approximately February 2011 through May 2011 (Allegation 2). In addition, the complainant alleged that the University?s policy for responding to complaints of sexual assault is not equitable, as it permits the accused individual but not the complainant the right to appeal the outcome of a hearing in a sexual assault case (Allegation 3). She also alleged that the University fails to adequately publish its procedure for responding to sexual assaults (Allegation 4). Finally, the complainant further alleged that the University fails to respond appropriately to complaints of sexual assault (Allegation 5). OCR has determined that it will investigate the complainant?s allegations. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681 e_t s_eq., and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in programs and activities receiving financial assistance from the US. Department of Education (the Department). The University is a recipient of ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. The regulation implementing Title IX, at 34 C.F.R. 106.71, incorporates by reference 34 C.F.R. 100.7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d e_t which provides that: The Departmen! of Education's mission is to promote student achievement and preparation for global compen?riveness by fostering educational excellence and ensuring equal access. Page 2 of 7 - President David E. Van Zandt No recipient or other person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testi?ed, assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. Because OCR has determined that it has jurisdiction and that the complaint was ?led in a timely manner, it is opening these allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to their merits. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article of Case Processing Manual. Enclosed please ?nd a document entitled Complaint Processing Procedures.? This document will provide you with an overview of complaint evaluation, investigation and resolution process. OCR will collect only material needed to investigate this complaint and will take all proper precautions to protect the identity of any individuals named in documents. Please submit the information listed on the enclosed data request to OCR within ?fteen (l 5) days of the date of this letter. The regulation implementing Title VI, at 34 CPR. 100.6(b) and requires that a recipient of federal ?nancial assistance make available to OCR information that may be necessary for it to determine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference in the regulation implementing Title IX, at 34 CPR. 106.71. This information is also being requested pursuant to 34 C.F.R. goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers, when apprOpriate, an Early Complaint Resolution (ECR) process, similar to mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is in the enclosure to this letter entitled, Complaint Processing Procedures,? and on website at Also, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the enclosure entitled, Complaint Processing Procedures,? and on website at It is unlawful to harass or intimidate an individual who has ?led a complaint or participated in actions to secure protected rights. Page 3 of 7 - President David E. Van Zandt Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this letter and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identi?able information that if released, could constitute an unwarranted invasion of personal privacy. OCR staff will contact you within thirty (30) days of the date of this letter to discuss the complaint resolution process. In the interim, if you have any questions, please contact Miriam Nunberg, Compliance Team Attorney, at (646) 428?3830 or or Ronald L. Scott, Compliance Team Attorney, at (646) 428-3 820 or Ronald.Scott@ed.20v. i Felice Bowen Compliance Team Leader Enc. Page 4 ol' 7 President David E. Van Zandt Data Request Case No. 02-11-2094 Complainant:-- Please provide the following information, or state ifany aflhe requested infirmat'imr doEs' not exist: l. c; A copy of the University's grievance procedures for responding to complaints (oral, informal, and formal) of sex discrimination, including complaints of sexual harassment and sexual assault. Also provide a copy of the University's sexual harassment and sexual assault policies and procedures If the University does not have a separate policy and procedure to address sexual harassment and sexual assault complaints, provide the procedures used to address such complaints. Provide a detailed description of the complaint process, including each level of the process, the length of the process, and the types of records maintained State the names and titles of the personnel responsible for handling each level of the complaint process. Indicate how the policies and procedures referred to in Date Request 1 are disseminated to students, and employees . If not addressed in the policies and procedures previously requested in Data Request 1 above, indicate whether the University has a separate entity/unique process for the investigation and resolun'on of sexual harassment complaints, as opposed to sexual assault complaints lfa different pmcess is used depending upon whether the complaint involves allegations of sexual assault, provide an explanation as to when a complaint would he addressed by one entity as opposed to the other; whether students have an option to use either process; and if information is available to students and employees regarding the differences between each process, including remedies and timeframes. The name, title, office address, e-mail address, and telephone number of the University's Title IX Coordinator. Indicate the methnd(s) by which this information is disseminated to students and employees. Provide copies of all publications/websites that contain this information. A copy of the University's notice of nondiscrimination stating that it does not discriminate on the basis of sex in the educational programs or sctivrties that it operates, including employment. Indicate how the notice of nondiscrimination is disseminated to students and employees. A copy of the University's Student Code of Conduct and/or Student Disciplinary Code, A copy of any materlals regarding sexual harassment and sexual violence that the University distributes to students during orientation, the course of their attendance. or upon the filing of a sexual harassment or sexual assault complaint, Page 5 of 7 - President David E. Van Zandt 8. 10. 11. 12. Provide an explanation of how students and employees at the University are noti?ed where and how they may ?le internal grievances regarding sexual harassment and sexual assault; and information regarding the ?ling of sexual harassment and sexual assault complaints with the apprOpriate state and federal agencies. If this process has changed during the course of academic year 20103011, please note any such changes. Provide the name of and any materials regarding any campus focus groups at the University consisting of representative leaders from the student community women?s groups, athletes, residential assistants, fraternity and sorority leaders, etc.) and University of?cials that provide input regarding strategies for ensuring that students: understand their rights under Title understand how to report possible violations of Title and are aware of the University?s obligation to and equitably respond to Title IX complaints. A description of any sexual harassment and sexual assault awareness training provided to University staff, including: The date(s) the training was provided; The names and eXpertise/background of the individuals Who provided the training; A description of the content of the training; A list of the names and titles of the individuals who attended the training; and A copy of any materials used during the training. eta-99?s? For academic years 2009-2010 and 2010-2011, copies of all written complaints, and detailed description of any oral complaints, ?led with the Title IX coordinator, administrators, professors, campus police, or any other University employee, alleging sexual harassment or sexual assault of students or staff at the University. Include COpies of all documentation related to the Student?s report of sexual assault, made on or about February 17, 2011. PM each grievance or complaint referenced in Data Request ll, above, provide the following information: a. The name and title of the individual with Whom the complaint or grievance was ?led and/or initially discussed; b. A description of the procedures employed to investigate the complaint; The name(s) and title(s) of University staff involved in the investigation; d. A description of any investigation conducted by the University, including a timeline for when the University completed each step in the investigation; . A description of the types of records maintained; f. A description of all actions taken by the University in response to the concerns raised, the final outcome of the investigation, an explanation of those findings and any sanctions, and a description of how such ?ndings were communicated to the complainant; Copies of all documentation regarding the investigation, including but not limited to letters, e-mail exchanges, reports, notes, witness statements, campus police reports, 9 (If? . Page 6 of 7 President David E. Van Zandt 13. 14. 15. 16. 17. 18. 19. external law enforcement agency records, transcripts, and all documentation related to any hearing; h. the evidentiary standard applied by the University to determine the outcome of the complaint and the accused?s request(s) for an appeal; and i. Copies of all communications between the University and the complainant or the accused regarding the complaint. Describe the relationships between the University, its local police precinct, and local rape crisis centers regarding sexual assault complaints, including whether the University has a process by which it notifies its local police precinct and local rape crisis center of a sexual assault complaint, and a description of this process. State whether the University collaborates with its local police precinct and local rape crisis center during its investigation of a sexual assault complaint. Also indicate whether during the pendency of initial evidence gathering by the police regarding a sexual assault complaint, if the University provides witnesses with information about their Title 1X rights, provides resources for victims, or takes any interim actions as may be necessary to ensure the safety of any victims and the campus community. If so, provide documentation evidencing this and the names and titles of University staff who were involved. Also provide the names and titles of staff responsible for communicating with the local police precinct and local rape crisis center regarding sexual assault complaints. State whether the University has designated a contact to be ?omcall? to assist victims of sexual assault. If so, identify this contact, how long this ?on-call? system has been in place, and the procedures of this ?on-call? system. Any other publications regarding sexual harassment and/or sexual assault distributed to students and/or employees at the University that have not been already provided in response to Data Requests 1-14. A copy of the University?s policies and procedures or a description of its practice with respect to distributing mail to students, including schedules and timeframes for mail distribution. A copy of the University?s policies and procedures or a description of its practice for responding to requests from students for assistance with locating missing mail items or delays in mail delivery, including the name(s) and title(s) of the University or other personnel responsible for responding to such requests. Copies of all internal memoranda, emails, notes, correspondence, telephone logs, and/or any other documentation, from February 2011 through May 2011, that pertain to the complainant?s request(s) to University staff to provide her with her mail. The name, title, address, telephone number, and email address for the University?s designated contact person for this complaint. Page 7 of 7 - President David E. Van Zandt 20. Any additional information that you believe would be helpful to OCR in its investigation of this complaint. DEPARTMENT OF May 23. 201] Re: Case No. 02-11-2094 The New Schqu On April 5, 2011. the US. Department 01' Education. New York ()tticc for Civil Rights (OCR) received the aboV'c-rclerenced complaint you filed against the New School (the University). You alleged that the University discriminated on the basis of sex and engaged in reti iation, Specifically. you alleged that the University tailed to respond approprialely to the complaint of sexual assault that you made on or about February 17. 2011 (Allegation 1). You also alleged that in retaliation for your complaint of sexual assault, University staff delayed delivery ot'yuur mail from approximately February through May 2011 (Allegation 1), In addition. you alleged that the University's policy for responding to complaints of sexual assault is not equitable. as it permits the accused individual but not the complainant the right to appeal the outcome Ufa hearing in a sexual assault case (Allegation 3). You alsc alleged that the University fails to adequately publish its procedure for responding to senual assaults (Allegation 4). l-'inally. you alleged that the University fails to respond appropriately to complaints at sexual assault (Allegation 5). OCR has determined that it will investigate these allegations. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title 1X), as amended. 20 U.S.C. 1681 gt flu and its implementing regulation at 34 Pan 106. which prohibit discrimination on the basis of sex in programs and activities receiving financial assistance {mm the s. Department of Education (the Department). is a recipient or financial assistance from the Department. Therefore. OCR has jurist] tional authority to investigate this complaint under Title IX, E. 2 The regulation implementing Title 1x. at 34 CFR. 106.7L incorporates by reference 34 100.7(e) of the regulation implementing Tit v1 ot' the Civil Rights Act or 1964. 42 use zoottd e_t which provides that: Nu recipient or other person shall intimidate. threaten. coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by or because one has made a complaint. testified. assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. STATES DEPARTMENT OF LDUCATION ol'i-It'l' on civil. RIGHTS SUP, 26'" noon NFW VURK. mill roar; iimtii TIMOTHY mA'H'llAkl) DIRECTOR your Re: Case No. 02-11-2094 The New School near-- On April 5, 2011. the U.S. Department of Education, New York Office for Civil Rights (OCR) received the above'rcferenced complaint you filed against the New School (the University). You alleged that the University disoriminated on the basis or sex and engaged in retaliation Specifically, you alleged that the University failed to respond appropnalely to the complalnt of sexual assault that you made on or about February 17, 201 (Allegation I). You also alleged that in retaliation for your complaint of sexual assault, University staff delayed delivery of your mail from approximately February through May 2011 (Allegation 2). In addition, you alleged that the University's policy for responding to complaints of sexual assault is not equitable, as it permits the accused individual but not the complainant the right to appeal the outcome of a hearing in a sexual assault case (Allegation 3). You also alleged that the University fails to adequately publish its procedure for responding to sexual assaults (Allegation 4). Finally, you alleged that the University fails to respond appropriately to complaints of sexual assault (Allegation 5). OCR has determined that it will investigate these allegations. OCR is Iespousible for enforcing Title of the Education Amendments of l972 (Tide 1X), as amended, 20 U.S.C. lelil gt ml, and its implementing regulation at 34 Part 106, which prohibit discrimination on the basis of sex in programs and activities receiving finantnal assistance from the U.S. Department of Education (the Department). The University is a recipient of financial assistance from the Department Therefore, OCR has jurisdictional authority to investigate this complaint under Title The regulation implementing Title lX, at 34 CPR. 106.71, incorporates by reference 34 C.F.R. 100.7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42 sc 2000d e_t s_ee1., which provides that: No recipient or other person shall intimidate, threaten coerce or discriminate against any individual for the purpose ot'interfertng With any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hmring held in connection with a complaint. Th4 Department minim it to p147me rtudmt aridpreprlralimlhr glolrol by [arming edreononalexcellmr ml lm'w'lrig equal ac:le resem-- Beeause OCR has determined that it has jurisdiction and that the complaint was filed in a timely manner, it is opening these allegations for investigation. Please note that opening these allegations for investigation in no way implies that OCR has made a determination with regard to their merits. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relewnt evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the allegations, in accordance with the provisions of Article of OCR's Care Procesring Manual. 0cm goal is the prompt and appropriate resolution ofthe allegations contained in a complaint. OCR offers, when appropriate. an Early Complaint Resolution (ECR) process. similar to mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is contained in the publication entitled, Complaint Processing Procedures," which Was enclosed with previous letter to you acknowledging your complaint. This lnfonnation is also on OCR's website at Also, when appropriate, complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. in such cases, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the publication Complaint Processing Procedures," which was enclosed with OCR's previous letter to your acknowledging your complaint. This information is also on OCR's website at It is unlawful to harass or intimidate an individual who has filed a complaint or participated in actions to preserve protected rights If this should occur, you may file a separate complaint with OCR alleging such harassment or retaliation. Under the Freedom of information Act, 5 USC 552, it may be necessary to release this letter and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect to the extent provided by law, personally identifiable information that if released, could constitute an unwarranted invasion of personal privacy. OCR Will communicate with you periodically regarding the status of your complaint. If you are interested in resolving your complaint through OCR's ECR process or have any questions, please contact Miriam Nunberg, Compliance Team Attorney, at (646) 4283830 or Miriarn.Nunberg@ed.gov; or Ronald L. Scott, Compliance Tealn Attorney, at (646) 428-3820 or Ronald. Scottfwedgov. Sincerely, 9&2ch Felice Bowen Compliance Team Leader STATES DEPARTMENT OF .JCATION .mk Clvu, mums 12 st n- ml" mm mm YORK 'Yth ([1005 t. t, Nut!) \l \Ulik April 5, 20]] Re: Case No 02-11-2094 The New School On April 5, 2011, the U, S. Department of Education, New York Office for Civil Rights (OCR) received your conespondencds). It has been assigned case number 02-1 132094. Please read the enclosed document entitled Complaint Processing Procedures Additional information about OCR and the laws we enforce are available on our website at hug cd gov/cert We have also enclosed a Consent Form, Please sign and date this Consent Form and ietum it to us as soon as possible lfwe do not receive the signed Consent Form within 20 calendar days of the date ol'this letler, OCR may close your complaint. OCR is committed to provxding prompt and etTective servicct Ifyou need to communicate with OCR regarding your complaint before you are contacted directly' please Contact the mice at (646) 428-3800, or by fax at (546) 42873843, or by entail at OCR.NewYork@edlgov, Ver yout the Department o/'cdumuout min-um u) Mme mam achIEVemznl {md preparation global bit lnnumg and aiming equal amen Hernande Raiael From: OCR New York Sent: Tuesday, Apfll 05. 2011 719 AM To: Hernandez. Ralae' Subject: OCR Elecilomc Complaint Submisser -- "Original Message-- Monday, April 64, 2611 5:Sub] Ct. OCR Electronic Complaint Submission PLEASE Do NOT REPLV TO THIS EMAIL THIS EMAIL ADDRESS IS USED BY DEPARTMENT OF EDUCATION AUTOMATED SYSTEMS AND IS NOT MONITORED. Your complaint with the office for civil Rights, a copy of which is reproduced below, has been automatically forwarded to the following office for review: Office For Civil Rights/ED New York Office 32 Old slip, zoth floor New York, NV, 109654596 50 that we can best assist you, we call your attention to the following: 1. IF you need to communicate with OCR regarding your complaint before you are contacted directly, please do not reply to this message, which would result in your reply going to a server address. instead, please direct your correspondence to the above office at 2. If you need to modify or supplement your complaint, please do not use the complaint form to submit another complaint with the new informationl instead, you may simply send an email to the office that has your complaint. Filing duplicative complaints may impede our ability to review your concerns in a timely manner. (if you have a separate complaint involving other matters, you may of course use this form to submit it.) 3. Remember that before ocn can process your complaint it must receive at the above address a signed copy of the office for civil Rights Consent Form, which you can obtain at at It is recommended that you print a copy of this message and retain it for your records. The following information has been sent to the specified office: OCR COMPLAINT FORM 1. Enter information about you. vour First Name:_ Vour' Last Nam - city: New Vork State: NV zip Code: wees Best Time to Call Vuu: EVENING Primary Phone No. -- Alternative Phone No: 2, who else can we tan if we cannot reach you> Contact's Name: Daytime Phone No: Relationship to you: 3. who was discriminated against? 4. what institution discriminated? Institution Name: The New Schuol Address: City: state: NV Zip (ode: Schonl or department involved: 5, Have you tried to resolve the comp1aint through the institution's grievance process, due process hearing, or with another agency? Yes Agency Name: Housing Date Filed: 61/18/2811 Status: I was sexually assaulted, have a confession from the in text messages and the school has the texts. The guy was found innocent even though the school has a written confession from him and he agrees those text messages are the actual texts. The person who sexually assaulted me is banned from my dorm after a month of him not actually being banned even though I was told he was banned. When I told someone I was upset about it after they fixed it, I was then kicked out of their office even though I was saying it calmly and not saying anything but the truth. I am currently being retaliated against for reporting being sexually assaulted by them not giving me my mail. Now the school will no longer listen to my complaints even though I am asking for them to find the guy guilty and stop retaliating. I filed a complaint with the Post Office for them tampering with my mail. 6. Describe the discrimination OCR enforces regulations that prohibit discrimination on the basis of race, color, national origin; sex; disability; and/or age. All that apply: SEX retaliation you filed a complaint or asserted your rights Why you believe the discrimination was because of race, sex, disability, or whatever basis you indicated above or why you believe the action was retaliatory. I was sexually assaulted by a guy and I was moved into a new dorm the night I reported it (02/17/11) and they told me that he would be banned from my dorm as soon as the speak to him the next day (02/18/11). A month later I discovered he was not actually banned from my dorm, so I sent the director of housing an email and made him fix it that morning. The school kept putting off handling my case so I had to keep sending emails to get them to handle it in a somewhat timely manner. A month and a half after reporting it the guy was found innocent of sexually assaulting me even though the school has text messages from him to me confessing that he sexually assaulted me and he agrees that those are the true text messages sent. He also sexually harassed another student who reported it, but her case just got lumped into mine and they did not investigate her case. I also have retaliation happening. I have lived in this dorm since February 17, 2011, but I still cannot get my mail consistently. I filed a complaint after two weeks, but they still didn't fix it. After trying to fix it within housing and them not fixing it I called The Postal Inspectors to report it and told housing that I had taken that measure. That day I discovered some of my mail that had been missing for a month in my mail box, meaning that someone was holding onto my mail for a month before putting it my mailbox. Also I was told that somehow Health Services got some of my mail and decided it was junk mail so they threw it away, I demanded to get it and they said they would give it to me, but a month later I have not received it. I believe that this is happening because the school does not care about women?s rights and a woman's right to having a safe place to live since he was not banned from my dorm for a month. I believe that they are retaliating since they know .nat my mail is very important to r_ and they do not like that I was trying to get them to handle my case in a timely manner. 7. Your complaint must be filed within 186 days of the discriminatory action When did the last act of discrimination occur? Enter the date: 04/7/2611 Are you requesting a waiver of the 188-day filing time limit for discrimination that occurred more than 186 days before the filing of this complaint? NO. 8. What would you like the institution to do as a result of your complaint what remedy are you seeking? They need to make some serious changes to the way the handle sexual assaults. They also should reimburse me for my dorming costs since I did not have any protection at my dorm (the one that was supposed to be safe) for a month I should be reimbursed for my dorm cost. This is a modest request since I have faced lots of emotional trauma, I have lost money on many pieces of mail that I payed for were lost, and my grades have suffered from having to constantly deal with how poorly the school handled my case. Do you have written information that you think will help us understand your complaint? Yes genera-z United States Department of Education (to cm" for Civil Rights 32 Old Slip 76'" Floor OD 90% New York, ew York 10005 I 7, CONSENT FORM- FOR USE OF PERSONAL INFORMATION Complainant's Name (print or type): i Instiliition Against Which Complaint Filed. Please sign and date section A, section or section and return to the above address: I have read th: 'cn, "investigatury Uses of Persona! information" in Ill: 043R document "information about Complaint Processing Procedures," which explains OCR's use of personal information. understand that the anac} Acl of 1974, U.S.C. 552; and th: Freedom of Information Act (FOIA). 5 U.S.C. 552, govern the use of personal information submitted to all Federal agencies and their individual components, including OCR. 1 will cooperate with OCR's investigation and complaint resolution activities undertaken on my behalf. I understand that my failure to cooperate with OCR's inyestigation may result in the closure of my complaint . i give OCR nry consent to reveal rny identity (Ind/or ntmy minor child/ward on whose hen-ii the complaint is filed) to the inititut' alleged lo hove discriminated. .s well as other persons and entities outside trout, in the course otiu investigation or ior eniorcernent activities, finds it necessary to do so. a; Date OR . I do not give OCR my consent to reveal my identity (and/or Ihat of my minor child/ward on whose behalf the complaint is filed), I understand that OCR may have to close this complaint if OCR is unable to proceed with an investigation Without releasing my identity (and/or that of my minor child/"Lard on whose behalfthe complaint is filed). Signature Em . Alternntively, ityou are not filing this complaint on your own hehslror on behalf otynur own rninor child/ ward. you are responsible inr obtaining written consent iron the person on whose hehalithe complaint is filed orminor, that person's parent/ guardian I have read this document. and i ngree with the person who filed this Complaint. 1 wish you to proceed with OCR's investigation and resolution process, I give my consent for OCR to reveal my identity (Ind/0r lint of my minor child/ward on whose och-lithe complaint is filed) to other persons to the extent necessary for the purpose of resolution or investiptian of this complaint. Name (print or type): Signature Date January to: a (mice (or Lwil Lumcrv rorm rugc i u. .r flow 73'? 1Z9 .0 ED.g0v in>> Advaniei' SEMUV lupivinizi 'urSelccl File Prim rm."inurbmmersmeim OQ- QOGH United Stmes ul' Educatinn Olfice (or Ci\i| Rights CONSENT FOR USE OF PERSONAL INFORMATION Complainant's Namu (prim or Iypc): lnstilulion Fi|td: 'iL gv'ii 1x1 Please sign and dan- smion A secliun and return to lhe ahuve address: 'mi- i ii." ii mu and Am (rows U, 1' subluillrd (0 all i edema! and [heir individual componcms. including OCR, I will C(X'pcl'z 'Milh (mu enmdenakeilonm) huhall'. mm m)1 lillulumuperme "mi OCR's invcsiignnun mu) mun closure ul'm) A. I my tu reveal my idcn (ind/or mm of m) minor child/ward on whom: behalnhe complainl is lo the imlilmion to have discriminai I. as well as omer pcnuns and cumin: nu OCR. in me course of or Mr eiilnrcemcnl actiwlifl. finds i! necessary comm mural in, identin (and/or ma: Mm) minnr chin/ward mi whnsu comph mud). Iiuldci'fland um OCR may rim is unablelo 1m ii Hhuui releasing in) idem", (and 'or um or my minor on wlim'e mmpluinl i, filed), Dine i a AllernafivebJFyou ammr nglhiscumplaiutonyouruwn hehulfnron hehalfofyournwfi mermaid/ward, you no responsible for ohm-mug wriltun comm {mm Ihe person on "nose nimxar, inie ur she is a minor. mm persau's parnnI/gimnlian' O?'ice for that U0nsen-Lhorm .. 1- (15? .a A I have read this document, and I agree with the person who ?led this complaint. I wish you to proceed with OCR's investigation and resolution process. 1 give my consent for OCR to reveal my identity to other persons to the extent necessary for the purpose of resolution or investigation. of this complaint. Name (print or type): Signature Date Eff. date: January 2010 4/4/201 1 United States Deplnmem of Educ-inn Office for Civil Rights 32 Old Slip-- 26'" Flour New York, New York 10005 I CONSENTFORM FOR EOF R5 INFO T10 Complainant's Name (print or type): Against which Complaint Filed: Please sign and date sectinn A, section 8 ar section and return to the above address: 1 have read the section, "Investigatnry Uses ofPersonal lnfomution" in the document "Information about OCR's Compiaint Processing Procedures," which explains OCR's use ofpersnnal information 1 understand than the Privacy Acl of 1974. 5 and the Freedom of Information Act (FOIA), 5 552. govern the use ofpersonal information submined to all Fedml agencies and meirindividunl components. including OCR. 1 will cooperate With OCR's investigation and complaint resolution activities undertaken an my behalfl I understand that my failure to cooperate with OCR's investigation may result in the closure of my complaint. . I g3 OCR my consent to mu] my identity (Ind/or (hit of my minor child/wnrd on whose behalf the is filed) to the institution alleged to have discriminated. as Well IS other peflous and entities outside in the course at its investigation or {or activities, finds it necesury to no sn. Signature Date 011 . nol give OCR my consent to reveal my identity (sun/pr rim or my irmr child/ward nn whose behalflhe camp] in is filed), I understand lhal OCR may have to close this complaint is unable to proceed Willi an invastigaiion withnut releasing my identity (And/or that ofmy minor childlgafrd on Whose behalf the complaint is filed). -- 4.5 Signature am: . Allermtively, itypn are not filing this cumplaini on your uwn behalfur on behalfofyour own minnr child/ward, you .re respongible ror nlmining Written consent iron. the person in whose behalhhe complaint is filed ur. in" or she is minnr, rim person's pilrenl/ guardian. I have read this document. and I age: with the person who filed this I wish you In proceed Wilh OCR invesligniiun and resolution process I give my consent for OCR to reveal my identity (end/or that of my mill! child/wind on who]! bah-if the complaint is filed) in inner persons to in: extent necessary for the purpose ofresnlutir or invesiigniun offliis cumplsini, Name (print or type): Signllure Date January 201 s'x u< Hum r, I UR len <> numm Apnl i 20]] N0 0741-21194 Hu- .\cw School 0n Apn15.2011,mux: Dcpanmcm ofEducatinn.Nc\\ York omcc Rights (0cm your been as>igncd Case number 0. I 172094 l'lcusc mad [he documch ('mnplaml sung Adduiunul abuul and Imus enl'mce are an allublc on our chsuc ill hu 3 mm unme We haw also a l-orm Pic Sign and dan- lh' Cans harm and the Cunscm Form within 20 calendar . Ihc ohhis lcuer. may close your OCR 1s commiltcd pluvidmg prompt and cl'l'cctivc service. Ifynu need to cmnmuniculc rcgardmg your complainl bclux'c you are comaued dimuy. please cunmcl [he olficc (646} 423-3800. or b) l'ux by email Ill Yurkfu CLI gm' ms! mm ,r \I'Mrm 4, mum Nu MW, A . m'wm'upur! MW, mlumurwuny' no" Hernandez, Rafael From: OCR New York Sent: Tuesday, Aonl 05. 2011 719 AM To: Hernandez, Ravael Subject: FW OCR Electronic Complaint Suonnssion "Original Message" Sent Monday, April 94, loll 8:26 PM To OCR New York subject. ocn Electronic complaint Submission PLEASE Do NOT REPLY TO THIS E-MAIL. THIS E-MAIL ADDRESS IS USED BV DEPARTMENT OF EDUCATION AUTOMATED SVSTEMS AND IS NOT MONITORED. Vour' complaint with the Office for Civil Rights, a copy of which is reproduced below, has been automatically forwarded to the Following office for review: Office for Civil Rights/ED New Vor'k Office 32 Old Slip, 25th Floor New York, NY, 10095-2588 go that we can best assist you, we call your attention to the following: 1. If you need to communicate with OCR regarding your complaint before you are contacted directly, please do not reply to this message, which would result in your reply going to a send-only server address. Instead, please direct your correspondence to the above office at OCRlNewYork@ed.gav. 2. If you need to modify or supplement your complaint, please do not use the complaint form to submit another complaint with the new inFormatl'onl Instead, you may simply send an email to the office that has your complaint. Filing duplicative complaints may impede our ability to review your concerns in a timely manner. (If you have a separate complaint involving other matters, you may of tourse use this farm to submit it.) 3. Rememoer that before on: can process your complaint it must receive at the above address a signed copy the Office for Civil Rights Consent Form, which you can obtain at 4. it is recommended that you print a copy of this message and retain it for your recordsa The Following information has been sent to the Specified office: OCR COMPLAINT FORM 1. Enter information about you. Vour First Name: - Vour' Last Name: - Vour Address:-- City: New Var-k We: -- Best Time to Call Vou: EVENING Primary Phone No: -- Alternative Phone Nu: your Email Address -- 2' who else can we call if we cannot reach you? Contact's Name: Daytime Phone No: Relationship to you: 3. who was discriminated against} 4. what institution discriminated? Institution Name: The New School Address: city: State: zip code: School or department involved: 5. Have you tried ta resolve the complaint through the institution's grievance process, due process hearing, or with another agency? Ves Agency Name: Housing Date Filed: 92/15/2511 Status: I was sexually assaulted, have a confession from the in text messages and the school has the texts. The guy was found innocent even though the school has a written confession from him and he agrees those text messages are the actual texts. The person who sexually assaulted me is banned from my dorm after a month of him not actually being banned even though I was told he was banned. when I told someone I was upset about it after they fixed it, I was then kicked out of their office even though I was saying it calmly and not saying anything but the truth. I am currently being retaliated against for reporting being sexually assaulted by them not giving me my mail. Now the school will no longer listen to my complaints even though I am asking for them to find the guy guilty and stop retaliating. I filed a complaint with the Post Office for them tampering with my mail. 6. Describe the discrimination OCR enforces regulations that prohibit discrimination on the basis of race, color, national origin; sex; disability; and/or age. All that apply: SEX retaliation you filed a complaint or asserted your rights Why you believe the discrimination was because of race, sex, disability, or whatever basis you indicated above or why you believe the action was retaliatory. I was sexually assaulted by a guy and I was moved into a new dorm the night I reported it (02/17/11) and they told me that he would be banned from my dorm as soon as the speak to him the next day (62/18/11). A month later I discovered he was not actually banned from my dorm, so I sent the director of housing an email and made him fix it that morning. The school kept putting off handling my case so I had to keep sending emails to get them to handle it in a somewhat timely manner. A month and a half after reporting it the guy was found innocent of sexually assaulting me even though the school has text messages from him to me confessing that he sexually assaulted me and he agrees that those are the true text messages sent. He also sexually harassed another student who reported it, but her case just got lumped into mine and they did not investigate her case. I also have retaliation happening. I have lived in this dorm since February 17, 2611, but I still cannot get my mail consistently. I filed a complaint after two weeks, but they still didn't fix it. After trying to fix it within housing and them not fixing it I called The Postal Inspectors to report it and told housing that I had taken that measure. That day I discovered some of my mail that had been missing for a month in my mail box, meaning that someone was holding onto my mail for a month before putting it my mailbox. Also I was told that somehow Health Services got some of my mail and decided it was junk mail so they threw it away, I demanded to get it and they said they would give it to me, but a month later I have not received it. I believe that this is happening because the school does not care about women's rights and a woman's right to having a safe place to live since he was not banned from my dorm for a month. I believe that they are retaliating since they know .nat my mail is very important to and they do not like that I was trying to get them to handle my case in a timely manner. 7. Your complaint must be filed within 186 days of the discriminatory action when did the last act of discrimination occur? Enter the date: 84/7/2611 Are you requesting a waiver of the 186-day filing time limit for discrimination that occurred more than 188 days before the filing of this complaint? No. 8. what would you like the institution to do as a result of your complaint - what remedy are you seeking? They need to make some serious changes to the way the handle sexual assaults. They also should reimburse me for my dorming costs since I did not have any protection at my dorm (the one that was supposed to be safe) for a month I should be reimbursed for my dorm cost. This is a modest request since I have faced lots of emotional trauma, I have lost money on many pieces of mail that I payed for were lost, and my grades have suffered from having to constantly deal with how poorly the school handled my case. Do you have written information that you think will help us understand your complaint? Yes United States Department of Education onice for Civil Rights 32 Old 26'" Floor 0'3 909% New York, New York 10005 1 CONSENT FORM- FOR USE OF PERSONAL INFORMATION Institution Agath Which Complaint Filed. 2 rt Please sign and date section A. section is or section and return to the above address: have road the . . stigator) Uses ofPHsonnl Information" in the (ER document "Information about Complaint Procadures." which explains OCR's us: of personal information I that lit: anac} Act of 1974, U.S.C, 5525. and the Freedom of lnfonnation Act 5 U.S.C ?552, govern ill: us: of personal information suhmitted to all Federal agencies and their individual components, including OCR. 1 will cooperate with OCR's investigation and complaint resolution activities undertaken on my behalf. I understand Ihnl my failure to cooperate with OCR's inyestigaticn may result in the closure of my complaint. A. I ocn my consent to reveal my identity (and/or that or my minor child/ward on whose hehalrthe complaint is filed) to the institution alleged to have discriminated. as well at other persons and entities outside in the course orits investigation or for enrorcement activities, finds it necessary to do so. gnature 0R B. do not give ocn my consent to reveal my identity (and/or that of my minor child/ward on whose complaint is filed). 1 understand that OCR may have to close this complaint is unable to proceed with an investigation without releasing my identity (and/or that ofmy mlnor child/ward on whose behalf the complaint is filed), Signature Date C. Alternatively. it you are not tiling this complaint on your own hehalror on behalf of your own minor child/ ward. you are responsible for ohtaining written consent train the person on whose hehalrthe complaint is filed orminor. that person's parenl/ guardian. have read this document, and i agree with the person who filed this complaint. 1 you to proceed with investigation and resolution process. I give my consent for OCR X0 reveal my identity (and/or that of my minol child/ward on whose behalf the complaint '5 filed) to other persons to the extent necessary for the purpose orresoltnioi or investigation of this complaint. Name (print or type): Signature Date Jonnory 2m mt dammed." sum .. ran 'lElflAltD Pollc't Pnfians THE Hut Scat: It Slim EUEENE LANG calm: FDR mm I NE mi DRAMA IKE NEW 50400 MUSIC 5 ?5 Hum" NEW 5 mm: r: March 28, 20M \si was i 'l < mg H5 mamg, \ng ON) 1 Wm (69(qu guts) an: gmma (e bficcueefihs a: be; mm Mead a We 80% 5(me (QQUM {We flax 52r. Enfifl mm :mmr C13 was; <> 3m \s U6 33% 4mm mmhy yawrfi'md WM Mid 36mm: ms We hi? ms (gum ('(my) 5% 7 mm 1 (wed \mm . hsem'xgif Emmi Qua m: mm geek 6/ \c Km myee as a games 96%, kc macaw) 5 90% '0 can mm L2\1\;\e\nc Hd\ m; Ben knew ri- x5 Qmu 3% mom mkamm Wkifi gmgcemafioxnglarfi: Ob Cm/ogwwx ken . HKCQ ((13%ng $33 Pg I-Jersonallgy ano some; ReVIew Dehumanization: An Integrative Review Nick Haslam Pers Soc Rev 2006; 10; 252 The online version of this article can be found at: m/cgi/co ntent/abstract/i 0/3/252 Published by: QSAGE Ptbliwlms On behalf of: Society for Personality and Sdcial lnc. Additional services and informatiOn for Personality and Social Review can be found at: Email Alerts: Subscriptions: Reprints: Permissions: Citations (this article cites 40 anicles hosted on the SAGE Journals Online and HighWire Press platforms): htip: I/psr. sagepub com/cgi/contenl/refsn 013/252 Downloaded from hupzr: par samub. corn by on Augusi 2 2007 2008 SAGE All right: reserved. No! {or Don-mm or unauthorized distribution rersonaury and scores k?sycnology news 2006, V01. 10, No. 3, 252-264 Lawr 't?2006by Dehumanization: An. Integrative Review Nick Haslam Departrnentry log University ofMeibourne The concept of dehumanization lacks a systematic theoretical basis, and research that addresses it has yet to be integrated. Manifestations. and theories of dehunwnization are reviewed, and a new model is develoPed. Two forms of dehumanization are pro- posed, involving. the denial to others of 2 distinct senses of humanness: characteristics that are uniquely human and those that constitute human nature. Denying uniquely human attributes to others represents them as anirnal~like, and denying human nature to others represents them as objects orautomata. Cognitive underpinnings of the ?an- inwlistic? and ?mechanistic? forms of dehumanization are proposed. An expanded sense of dehumanization emerges, in which the phenomenon is not unitary, is not re- stricted to the i ntergroup context, and does not occur only under conditions of con?ict or extreme negative evaluation. Instead, dehumanization becomes an everyday social . Erlbaum Associates, Inc. phenomenon, mated in ordinary social-cognitive processes. The denial of full humanness to others, and the cm- elty and suffering that accompany it, is an all-too? familiar phenomenon. However, the concept ofdchu- manization has rarely received systematic theoretical treatment. In social it has attracted only scattered attention. In this article, I review the many domains in which dchumanization appears in recent scholarship and present the main theoretical perspec- tives that have been developed. I argue that a theoreti~ cally adequate concept of dehumanization requires a clear understanding of quality that is denied to others when they are dehumanized?and that most theoretical approaches have failed to Specify one. Two distinct senses of humanness are proposed, and empirical research establishing that they are differ? ent in composition, correlates, and conceptual bases is presented. I introduce a new theoretical model, in which two forms of dehumanization corresponding to the denial of the two forms of humanness are proposed, and I discuss their distinct foundations. The new model broadens the scope of dehumaniza- tion in a number of important respects and overcomes some limitations of previous work. In particular, Ipro- pose that dehumanization is an important phenomenon in interpersonal as well as intergroup contexts, occurs outside the domains of violence and con?ict, and has social?cognitive dimensions in addition to the motiva- tional determinants that are usually emphasized. Correspondence should be sent to Nick Haslam. Department of University of Mclboame, Parlcvillc VIC 3010, Alisa-a- lia. Email: nhaslam@unimelb.edu.au Domains of Dehumanization Before an integrative model of dehumanization can be attempted, the ways in which the concept has been employed must be reviewed. Dehumanization is men- tioned with numerous di??erences of emphasis and connotation in many scholarly domains, and any syn- thesis should be able to capture and organize these variations. Ethnicity and Race 252 Dchumanization is arguably most often mentioned in relation to ethnicity, race, and related topics such as immigration and genocide. It is in this paradigmatic context of intergroup con?ict that some groups are claimed to dchumaniz?c others, and these dehumaniz- ing images have been widely investigated. A historical catalogue is offered by lahoda (1999), who examined the many ways in which ethnic and racial others have boon represented, both in popular culture and in schol- arship, as barbarians who lack culture, self-restraint, moral sensibility, and cognitive capacity. Excesscs of- ten accompany these de?ciencies: The savage has brut- ish appetites for violence and sex, is impulsive and prone to criminality, and can tolerate unusual amounts of pain. A consistent theme in this work is the likening of people to animals. In racist descriptions Africans are compared to apes and sometimes explicitly denied membership of the human species. Other groups are compared to dogs, pigs, rats, parasites, or insects. Da Wraloadedtrom Imp lips! sngowb. corn on Miguel 2 2007 2006 $1165 Publications. All rights reserved. Not tor commercial use or unauthorized illumination Visual depictions caricature physical features to make ethnic others look animal-like. At other times, they are likened to children, their lack of rationality, shame, and sophistication seen patronizingly as innocence rather than bestiality. Dehumanization is frequently examined in connec- tion with genocidal con?icts (Chalk Jonassohn, 1990; Kelman, 1976). A primary focus is the ways in which Jews in the Holocaust, Bosnians in the Balkan wars, and Tutsis in Rwanda were dehumanized both during the violence by its perpetrators and beforehand through ideologies that likened the victims to vermin- Similar animal metaphors are common in images of immigrants (O?Brien, 2003a), who are seen as pollut- ing threats to the social order. Gender and Pornography Dehumanization is commonly discussed in feminist writings on the representation of women in pornogra- phy (LcMoncheck, 1985; MacKinnon, 1987). Pornog- raphy is said to dehumanize women by representing them in an objecti?ed fashion, by implication remov~ ing women from full moral consideration and legiti~ mating rape and victimization (Check Guloine, 1989). ussbaum (1999) identi?ed seven components of this objecti?cation: ?instrumentality? and ?owner- ship? involve treating others as tools and commodities; ?denial of autonomy? and ?inertness? involve seeing them as lackin self-determination and agency; ?fungi- bility? involves seeing peeple as interchangeable with others of their type; ?violability? represents others as lacking boundary integrity; and ?denial of subjectiv- ity? involves behaving that their experiences and feel- ings can be neglected. Fredrickson and Roberts (1997) argued that the sexual objecti?cation of women ex- tends beyond pornography to the culture at large, in which a normative emphasis on female appearance leads women to take a third-person perspective on their bodies. Other feminist work argues that women are typi- cally assigned lesser humanness than men. According to Ortner (1974), women are pan-culmrally ?seen as representing a lower order of being, as being less tran- scendental of nature than men? 73), and femaleness is equated with animality, nature, and childlikcness. Similarly, Citrin, Roberts, and Fredrickson (2004) dis- cussed the ways in which femaleness is culturally asso ciated with lesser degrees of civility and emotional control, and the unmodi?ed ?natural" female body is often seen, as disgustingly animal-like. Disability Some scholarly work examines the dehumanization of people with disabilities. O?Brien (1999) showed that people with cognitive disabilities have historically been subject to ?organism metaphors? that compare them to parasites that infect the social body. ?Animalization? also occurs, where the "feeble- minded? are denied full humanity on account of ?their reportedly high procreation rates, their inability to live cultured lives, their presumed insensitivity to pain, their propensity for immoral and criminal behavior, and their instinctual rather than rational nature? (O?Brien, 2003b, p- 333). Bogdan and Taylor (1989) proposed that to avoid dehumanizing attitudes toward the disabled we must attribute thinking to them, see them as distinct individuals with unique qualities, per- ceive them as engaging in reciprocal behavior, and give them ?social place? within a communal unit. These ?humanizing sentiments? sustain a sense of the dis- abled person as ?having the essential qualities to be de- ?ned as a fellow human being? (pp. 145?146). Medicine The concept of dthmanization features promi- nently in writings on modern medicine, which is said to dehumanize patients with its lack of personal care and emotional support; its reliance on technology; its Iackof touch and human warmth; its emphasis on instrumental ef?ciency and standardization, to the neglect of the pa- tient?s individuality; its related neglect of the patient?s subjective experience in favor of objective, technologi- cally mediated information; and its emphasis on inter~ ventions performed on a passive individual whose agency and autonomy are neglected. This form ofdehu- manization has been described as ?objectification? and as ?the denial of qualities associated with meaning, in- terest, and compassion" (Barnard, 2001, p. 98). Similar concerns are raised in critiques of practice (Fink. 1982)- Szasz (1973) argued that biological psy- chiatry?s deterministic explanations and coercive treat- ments relieve individuals of their autonomy and moral agency. According to Szasz, classi?cation is equally dchumanizin g, involving a ?mechanomorphic? style of thinking that ?lhingi?cs? persons and treats them as ?defective machine[s]? 200). Dehumaniza? tion is also presented in the medical context as a mecha- nism that doctors use to cope with the empathic distress that attends working with the dying (Schulrnan-Green, 2003). Technology in general and computers in particular are a common theme in work on dehumanization. Montague and Matson (1983) presented a broad analy~ sis of ?technological dehumanization? or ?the reduc- tion of humans to machines? (9. 8), a cultural condition of postmodern society. This ?pathology of mechaniza- tion? 10) involves the robotic pursuit of ef?ciency and regularity, automaton?like rigidity and conformity, 253 wnloadea 1mm ht. pitpsr anger-mu. own by on August 2, 2007 0 2006 SAGE All ?ghts reserved. Not for oommei-elal use or unauthorized distribution. HASLAM and an approach to life that is unemotional, apathetic, and lacking in spontaneity. Critics charge that the com- puter metaphor of the mind in Al research is dehuman- izing because computers lack our ?exibility, emotion- ality, and capriciousness. 'I?urkle (1984) argued that many adults in the 19703 and 19805 believed that com- puters lacked ?the essence of human nanue," under- stood as emotion, intuition, spontaneity, and soul or spirit. Beliefs about the dehumanizing effects of corn- puters compose one factor underlying computer anxi- ety (Beckers Schmidt, 2001), and reservations about the educational use of computers revolve around con- cerns that they will reduce social relatedness and in- crease standardization, at the expense of students? indi? viduality (Nissenbaum Walker, 1998). Other Domains Dehumanization makes frequent cameo appear- ances in other academic domains. Educational theorists decry the dehumanizing implications of standardized assessment and teaching (Courts Mclnerney, 1993), whicharerigid and impersonal and treat studentsaspas- sive and uncreative. Sport is said to-have been dehuman- ized by technologies for perfecting the human engine {Hobermam 1992). Stigma is claimed to dehumanize people experiencing mental disorders (Hinshaw Cicchetti, 2000), and pro-choice advocates are claimed to dehumanize the fetus (Brennan, 1995). Implications of dehumanizing descriptions of accused criminals for jurors? sentencing decisions have been investigated (Myers, Godwin, Latter, Winstanley, 2004). The de? humanizing schemes of science ?ction aliens, who leave their hosts as passionless automata, have attracted attention within cinema studies (Sobchack, 1987). Be- haviorist and economic formalism have been criticized as dehumanizing for their deterministic and instrumental approach to the person (Montague Matson, l982; Smith, 1999). The dehumanization of modern art has been celebrated as a purifying elimina- tion of naturalism through emotional distancing, irony, and abstraction (Ortega Gasser, 1968). This survey illustrates how dehumanization has been discussed in many disciplinary contexts. Although cer? tain themes repeat, there is great variability in the mean- ings that the concept has carried. Before integrating these meanings into a coherent model, existing logical accounts of dehumanization mustbereviewed. Accounts of Dehumanization Delegitimization One important account of dehumanization is found in Bar-Tal?s (2000) analysis of ?delegitimizing beliefs.? In these beliefs "extremely negative characteristics are 254 Dow Noadad from Mt! lit-?81 com by on August 2. 2007 @2006 SAGE All right: reserved. Not for attributed to another group, with the purpose of exclud- ing it from acceptable human groups and denying it humanity? (pp. 121?122). Delegitimizing beliefs share extremely negative valence, emotional activation (typi- cally contempt and fear), cultural support, and discrimi- natory rejection of the outgroup. Dehumanization is one of live belief categories, involving ?labelling a group as inhuman, either by reference to subhuman categories . . - or by referring to negatively valued superhuman crea- tures such as demons, monsters, and satans" (Bar-Tel, p. 122). Delegitimizing beliefs are theorized as products of interethnic conflict that serve several functions: ex- plaining the con?ict, justifying the ingroup?s aggres- sion, and providing it with a Sense of superiority. Moral Exclusion and Disengagement Kelman (1976) explored the moral dimensions of dehumanization in the context of sanctioned mass vio- lence, focusing on the conditions under which normal moral restraints on violence are weakened. He argued that hostility generates violence indirectly by dehu- maruzing victims. so that no moral relationship with the victim inhibits the victimizer?s violent behavior. According to Kelman, dehumanization involves deny~ ing a person ?identity"?a perception of the person ?as an individual, independent and distinguishable from others, capable of making choices" 301)?and ?community??a perception of the other as ?part of an interconnected network of individuals who care for each other? (1). 301 When people are divested of these agenda and communal aspects of humanness they are deindividuated, lose the capacity to evoke compassion and moral emotions, and may be treated as means to ward vicious ends. Related arguments were made in Opotow?s ([990) work on ?moral exclusion,? the process by which people are placed ?outside the boundary in which moral values, rules, and considerations of fairness apply? 1). Ex- clusion from the moral community is promoted by so? cial con?ict and feelings of unconnectedness, and varies in intensity from genocide through to indifference to other people?s suffering. Dehumanization is just one of several extreme forms of moral exclusion, but Opotow described several milder processes like distance (perceiving others as objects-oras nonexistent), condescension (patroniziu others as inferior, irrational and childlike), and technical orientation (3 focus on means?end efficiency and mechanical routine). Bandura (2002) complements Kelman and Opotow?s work with an individual level account of the cognitive and affective mechanisms involved in moral agency. Dehumanization is one way in which moral self-sanctions are selectively disengaged. People who aggress are spared self-condemnation and empathic dis- tress if their identi?cation with victims is blocked by seeing them ?no longer as persons with feelings, ..l.luot hopes and concerns but as sub-human objects? (Bandura, 2002, p. 109)- Accordingly, people divested of human quali?es were treated particularly in an experimental study (Bandura, Underwood, Fromson, 1975), and children high in moral disengage- ment engaged in more aggressive and delinquent behav- ior, and experienced less anticipatory guilt and remorse (Bandura, Barbaranelli, Caprara, Pastorelli, 1996). Thus, tendencies to dehumanize others may partially explain individual differences in destructiveness. Values Schwartz and Struch (1989) developed a distinctive theoretical approach that emphasizes the central posi- tion of human values in dehumanization. People?s val- ues ?express their distinctive humanity,? so ?beliefs about a group?s value hierarchy reveal the perceiver?s view of the fundamental human nature of the members of that group? 153). When an outgroup is perceived to have dissimilar values to the ingroup, it is perceived to lack shared humanity and its interests can be disre- garded. Schwartz and Struch argued that values re?ect- ing that people have ?transcended their basic animal nature and developed their human sensitivities and moral sensibilities" 155) directly re?ect a group?s humanity. ?Prosocial? values equality, helpful, forgiving) are transcendent in this sense, whereas ?he- donism? values (pleasure, a comfortable life) reflect ?sel?sh interests shared with infra-human species? 155). People can therefore be dehumanized by the per- ception that they lack prosocial values and/or that their values are incongruent with one?s ingroup?s values. Struch and Schwartz (1989) found that indexes of both dehumanizing perceptions and outgroup dehumani- zation mediated the relation between perceived con- ?ict (between Israelis and an ultraorthodox Jewish outgroup) and endorsement of aggression. whereas ingroup favoritism was unrelated to aggression. They argued that a motive to harm the outgroup can lead to the denial of moral sensibility to its members, thus overcoming inhibitions to the motive's expression. Infra-humanization in a productive recent line of research on ?infra?hu- manization,? Leyens and colleagues (Leyeus et al., 2003; Leyens et 31., 2001) have shown that people commonly attribute more uniquely human ?second- ary? emotions to their ingroup than to outgroups but do not differentially attribute the primary emotions that we share with other animals. This effect is irreducible to people?s greater familiarity with ingroup members (Cortes, Demoulin, Rodriguez, Rodriguez, Leyens, 2005). People actively avoid attributing secondary emo- tions to outgroups, discount evidence that outgroup members experience them (Gaunt, Leyens, Sindic, 2004), and are reluctant to help outgroup members who express their need in terms of them (Vacs, Paladino, Castelli, Leyens, Giovanazzi, 2003). Sec- ondary emotions are also preferentially associated with the ingroup when implicit methods are used (Gaunt, Leyens, Demouljn, 2002; Paladino et 31., 2002). Leyens and colleagues theorize these effects as the denial of the ?human essence" to outgroups. Infra-humanization is a particularly interesting form of dehumanization because it is subtle, requiring no explicit likening of outgroup members to animals, and is not reducible to ingroup favoritism (positive and negative secondary emotions are both denied to outgroups). Infra-humanizadon also occurs in the ab- sence of intergroup conflict, and therefore extends the scope of dehumanization well beyond the context of cruelty and ethnic hatred. Common Themes The theoretical perSpectives on dehumanization previously reviewed share several important similari- ties. First, with the exception of the infra-humaniza~ tion perSpective they discuss dehumanization in the context of aggression. Whether focusing on the re~ moval of normal restraints on individuals' aggression, the societal beliefs that place members of despised outgroups beyond the boundaries of moral consid- eration, or the perception of others? value dissimilar- ity, they view dehumanization as an important pre- condition or consequence of violence. Second, they generally present dehumanization as accompanying extremely negative evaluations of others, with in- fra-humanization theory again an exception that al- lows dehumanization to take milder, everyday forms. Third, they conceptualize dehumanization as a moti- vated phenomenon serving individual, interpersonal, or intergroup functions (relief from moral emotions, self-exoneration, enabling or post hoc justi?cation for violence, epistemic certainty in the face of non- normative behavior, provision of a sense of superior- ity, enforcement of social dominance). The possibility that dehumanization might have cognitive determi- nants has been largely unexPlored. A Model of Dehumanization Any understanding of dehumanization must pro- ceed from a clear sense of what is being denied to the other, namely humanness. However, with a few excep? tions?Kehnan (1976) on identity and community and Schwartz and (1989) on prosocial values?? writers on dehumanization have rarely offered one, leaving the meaning of humanness unanaiyzed. In- fra-humanization theorists have been unusually ex- plicit, representing humanness as what distinguishes us from animals. Secondary emotions exemplify hu- man uniqueness in their research, but they acknowl- 255 muondod lrorn l11lp1mcr.c.ugnpub com by on AuguJ 2. MT 0 2005 SRGE Ml rights renewed Not for commercial use or unnulhun?zed distribution. HASLAM edge that additional uniquely human attributes language) may be equally important. Two Senses of Humanness This comparative sense of humanness as that which is uniquely human is a popular way to de?ne the con- cept, but other senses are possible. As Kagan (2004) wrote We can describe an object by listing its features .. . or by comparing the object with one from a related category. .. . Most answers to the question Whatis human nature? adept this second strategy when they nominate the fea- tures thatareeither uniquely human or thatarequantita- tive enhancements on the properties of apes. 77) Uniquely human (UH) characteristics de?ne the boundary that separates humans from the related cate- gory of animals, but humanness may also be under- stood noncomparatively as the features that are typical of or central to humans. These normative or fundamen- tal characteristics might be referred to as human nature Characteristics that are typically or essentially human?that represent the concept?s not be the same ones that distinguish us from other Species. Having wings is a core characteristic of birds, but not a reliable criterion for distinguishing them from other creatures, and curiosity might be a fundamental human attribute despite not being unique to Homo sapiens. I propose that UH and EN an?: distinct senses of hu- manness, and that different forms of dehumanization occur when the characteristics that constitute each sense are denied to people. Before laying out the two proposed forms of dehumanization, we must clarify the intuitive distinctions between the senses of humanness. Little research has been conducted on the attributes that people see as UH, but evidence collected infor- mally by Lcyens et al. (2001) suggests language, higher order cognition, and re?ned emotion (?senti? ments?). Gosling?s (2001) work in comparative per- sonality suggests that humans are substantially unique in traits involving openness to experience imagi- native, intelligent, cultured) and conscientiousness industriousness, inhibition, self?control). Demoulin et al. (2004) found that emotions judged UH were believed to be morally informative,cognitiveiy satu- rated, internally caused rather than responsive to the environment, private relatively invisible to ob- servers), and emerging late in development. Schwartz and Struch (1989) pr0posed that prosocial values in- volving moral sensibility are seen as UH. The common threads running through these pmposals are cognitive sophistication, culture, re?nement, socialization, and internalized moral sensibility. Even less work has been devoted to clarifying lay conceptions of l-lN. Some research has explored indi- 256 vidual differences in conceptions of RN 1992), but almost none has attempted to characterize shared beliefs. However, people might be expected to construe HN di?erently from UH. First, UH charac- teristics primarily re?ect socialization and culture, whereas HN characteristics would be expected to link humans to the natural world, and their inborn biologi- cal dispositions. Second, l-l'N should be normative species typical): prevalent within populations and uni- versal across cultures. As UH characteristics re?ect so- cial learning and re?nement, they might be expected to vary across cultures and differentiate within popula- tions. In short, what is UH may not correspond to our shared humanity. Indeed, Demoulin et al. (2004) found that UH emotions were judged to be more cross? culnirally variable than others. A third intuitive distinction between the two senses of invokes their ontological standing. HN characteristics should be seen as deeply rooted aspects of persons: parts of their unchanging and inherent na- ture. HN should be seen as that which is essential to hu- the core properties that people share ?deep down" despite their super?cial variations. In sum, HN should be essentialized, viewed as fundamental, inher- ent, and natural (Haslam, Bastian, Bissett, 2004; Rothbart Taylor, 1992). UH characteristics may not beessentialized, in contrast. As they are seen as acquired rather than inborn the ?veneer? of civilization), and as likely to vary between people and cultures, UH char- acteristics might even be perceived as nonessential. Evidence for Two Senses of Humanness In a recent series of studies my colleagues and I have examined the composition of the two proposed senses of humanness. In three studies (Haslam, Bain, Douge. Lee, Bastian, 2005) participants rated the ex- tent to which personality traits were UH (?This charac- teristic is exclusively or uniquely human: it does not apply to other species?) or HN (?This characteristic is an aspect of human nature?). In every study mean rat- in gs on these items failed to correlate or correlated ueg~ atively across traits, consistent with the senses? dis- tinctness. In ?ve?factor model (FFM) terms, high UH traits tended to fall at the positive and negative poles of Agreeableness, Conscientiousness, and Openness to Experience (cg, ?idealistic," ?talkative,? ?conserva- tive,? ?artistic,? ?absentminded,? ?analytical?), where- as temperament?based traits (Neuroticism and Extra? version) were rated low. HN traits had a different PPM signature, captured best by positive Agreeableness, Conscientiousness, Bite-aversion, and Openness traits, and negative (undesirable) Neuroticism ?ambi- tious, curious,? ?determined,? ?emotional,? ?imagi- 97 7! (I native, passionate, sociable?)- Affective traits were much more central to HN, which also appeared to be . Downloaded Imprint" sagopubeom by on August 2, 2007 2006 SAGE Puts-cations. All ha mowed. Not to: mutual use or :1th distribution, understood in terms of interpersonal warmth, drive, vi- vacity, and cognitive openness (rather than cognitive sophistication, as in UH). Haslam et al. (2005) examined judgments of the ex- tent to which traits are HN and UH, on the one hand, and several conceptual judgments hypothesized to have differential associations with each. As predicted, HN traits were judged to be high in prevalence, unis/era sality, and emotionality, and to emerge early in devel- opment. UH traits, in contrast, were judged to be low in prevalence and universality, to appear late in develop- ment, and to be unrelated to emotionality. Consistent with the proposed ontological distinction between the two senses of humanness, only HN traits were under- stood in an essentialist fashion, seen as inhering sources of consistency and causal influence in the per- son. This ?nding replicated an earlier study (Haslam et al., 2004), in which HN traits were judged to be deeply rooted, immutable, informative, discrete, biologically based, and consistently expressed across situations. Well replicated evidence therefore supports the dis- tinction between the two proposed senses of human- ness. UH characteristics involve re?nement, civility, morality. and higher cognition, and are believed to be acquired and subject to variation between people. This resembles an Enlightenment sense of humanness (Knshima Foddy, 2002), emphasizing rationality and cultivation. HN characteristics involve cognitive flexi- bility, emotionality, vital agency, and warmth, and are seen as a shared and fundamental ?nature? that is em? bedded in the person. This- is a Romantic sense of hu- manness that ?lays central status on unseen forces that dwell deep within the person" and are ?given by na- ture? (Gergen, 1991, its content revolving around passion, imagination, emotion, and will: ?Heart! Warmth! Blood! Humanity! Life!? (Berlin, 1991). Two Corresponding Forms of Dehumanization If there are two distinct senses of hmuanness, then two distinct forms of dehumanization should occur when the respective properties are denied to others. The characteristics of these forms of dehumanization are derived following and summarized in Figure 1. When UH characteristics are denied to others, they should in principle be seen as lacking in re?nement, ci- vility, moral sensibility, and higher cognition. They I Human Uniqueness I Civility Refinement Moral sensibility Rationality, logic Maturity Lack of culture Coarseness Amorality, lack of Imdonniity, self-restraint instinct Animalistic I dehumanization I Human Nature I Emotional Interpersonal Cognitive openness Agency, Depth responsiveness Warmth individuality {hernias Coldnoss Rigidity Passlvity, Super?ciality fungihility . Mechanistic dehumanization I Figure 1. Proposed links between conceptions of hunmnness and ear-responding forms 257 Dominance from Imp mar.sagspub.wm by on August 2. 2007 200a SAGE Publications. All rights named. Net tor Commercial use or unauthorized distribution. HASLAM should therefore be perceived as coarse, uncultured, lacking in self-control, and unintelligent. Their behav- ior should be seen as less cognitively mediated that the behavior of others, and thus more driven by motives, ap? petites, and instincts. As UH characteristics are seen as later developing (Hashim et al., 2005), their denial may be associated with a View of others as childlike, imma- ture, or backward. Similarly, if UH characteristics are understood to have a moral dimension, people denied them should be seen as immoral or amoral prone to violate the moral code or lacking it altogether). Stated baldly, if people are perceived as lacking what distinguishes humans from animals, they should be seen implicitly or explicitly as animal~like. This preposed ?animalistic? form of dehumanization therefore resem- bles infra?humanizadon (Leyens et al., 2003) but ap- plies broadly to UI-I characteristics beyond secondary emotions, may involve explicitcomparisons of others to animals, and may not be limited to intergroup contexts. UH characteristics might be denied in interpersonal (self vs. other) comparisons and relationships, rather than on the basis of outgroup membership. . When HN is denied to others, they should be seen as lacking in emodonality, warmth, cognitive open- ness, individual agency, and, because HN is essen- tialized, depth. As others are seen as lacking emotion and warmth they will be perceived as inert and cold. Denying them cognitive openness curiosity, ?ex- ibility) will give them the appearance of rigidity, and denying them individual agency represents them as in- terchangeable (fungible) and passive, their behavior caused rather than propelled by personal will. Because they are denied deep-seated characteristics, people de- nied HN should be represented in ways that emphasize relatively super?cial attributes. This combination of attributed characteristics?4n? ertness, coldness, rigidity, ?nngibility, and lack of agency??represents a view of others as object- or an- tomaton-like. This form of dehumanization can there- fore be described as mechanistic. The animalistic form of dehum ani zation rests on a direct contrast between hu- mans and animals, but in the mechanistic form, although the relevant sense of humanness is noncomparative (RN), humans can be contrasted with machines. The shared, typical, or core properties of humanness are also those that distinguish us from automata. This dichotomy of humans, animals, and ma- chines has been elaborated in previous work (Sheehan Sosna, 1991; Wolfe, 1993), but not ex- plicitly in work on dehumanization. In early support for its relevance, Loughnan and Haslam {2005) used the Go/No-go Association Task Nosek Banaji, 2001) to demonstrate that social categories may be differentially associated with the two senses of humanness, and with animals or automata, in the manner proposed. We predicted that artists would be seen as imaginative and Spirited (high EN) but lack- 258 ing restraint and civility (low UH), and hence implic? itly associated with animals, whereas businesspeople would be seen as rational and selfscontrolled (high UH) but unemotional, hardheatted, and conforming (low RN), and hence associated with automata. As predicted, the GNAT indicated that artists were asso- ciated with PIN traits more than UH traits and with animal?related more than automaton-related stimuli. In contrast, businesspeople were associated more strongly with automate and UH traits. Finally, trails were loss associated with animals than with au- tomata, and EN traits less with automate than with animals. By implication, social groups that are not normally objects of prejudice may be subtly dehu- manized in two distinct ways, implicitly likened to unre?ned animals or soulless machines. Associated Features of the Model Emotion. The two forms of dehumanization may have distinct affective dimensions. Writers who discuss the likening of peop Is to animals repeatedly remarkhow this is accompanied by degradation and humiliation. Being divested of UH characteristics is a source of shame for the target?often with a prominent bodily component, as in the nakedness of the Abu Ghraib pn? s- becomes an object ofdisgust and contempt for the perpetrator. Disgust and revulsion feature promi- nentlyinimages of animalistically dehumanizedothers: Represented as apes with bestial appetites or ?lthy ver- min who contaminate and corrupt, they are often viscer- ally despised. Interestingly, Rozin, Haidt, and McCauley (2000) identi?ed phenomena that remind us of our animal nature?death, excretion, and sexuality? as fundamental elicitors of disgust: ?Insofar as humans behave like animals, the distinction between humans and animals is blurred, and we see ourselves as lowered, debased? 642). Disgust enables us to avoid evidence of our animality, so representing others as animal-like may elicit the emotion. Contempt, a kindred emotion (Miller, 1997), plays a similar role, locating the other as below the self or ingroup. The mechanistic form of dehumanization has a quite di?erent emotional signature. As it involves emo~ n'onal distancing and represents the other as cold, ro- botic, passive, and lacking in depth, it implies indiffer- ence rather than disgust. Typically, mechanistically dehumanized others are seen as lacking the sort of an- tonomous agency that provokes strong emotion and are more likely to be seen as emotionally inert. Semiotics. The two proposed forms of dehuman- ization also differ in the ways in which they are repre- sented in language. When the animalistic form is in- voked, a theme of vertical comparison consistently emerges. The other is subhuman 0r infra-human and is debased by humiliating treatment- Portraying others as unloaded from I11 pr pst. .agopub. com by on August 2 2007 0 2006 SAGE Publications. All rights reserved. Not for commercial use or Marmot-ind distribution. lacking UH characteristics such as re?nement is under- stood as locating them below others on an ordinal scale of development or evolution. In contrast, the mechanis- tic form of dehumanization involves a sense of hori- zontal comparison based on a perceived dissimilarity (Locke, 2005). A person who is denied HN?cognitive openness, warmth, agency, emotion, depth?is seen as nonhuman more than subhuman. Because HN repre- sents what is fundamentally and normatively human, those judged to lack it are seen as distant, alien, or for- eign: displaced away rather downward essentialism. Leyens and col- leagues (2001) argue that an essentialist understanding of social groups is aprerequisite for infra-humanization, which involves the denial of the?human essence?tooth- ers. [propose thatessentialist thinking plays asubtly dif- ferent role in the two forms of dehumanization. Essentialist thinking about grousteeing them as discrete ?natural kinds? (Haslam, Ernst, 2000, 2002; Rothbart Taylor, appear to be necessary for animalistic dehumanization. Only if groups are believed to have categorically different na- tures can intergroup differences be seen as species-like. However, the nature of the intergroup difference may be essentialized without the content of what is attributed differentially to the groups being essentialized. Two groups may be seen as fundamentally different, but what distinguishes them may be seen as socially shaped rather than deep and inborn. This appears true of in- fra-humanization: Group differences are essentialized, but the UH emotions that are differentially attributed re- ?ect socialization (Demoulin et al., 2004). Similarly, UH traits are not highly essentialized and are seen as emerging late in development (Haslam et al., 2005). Such emotions and traits may represent ?sortal? es- sences that de?ne a category boundary (Gelman dc 1999), but they do not appear to be essences inthe sense of inherent bases of category membership. Essentialism plays a different role in mechanistic dehumanization. Here it is the content of what is differ- eutially attributed humanness as HN) that is un- derstood as an inhering essence, and not (necessarily) the nature of the distinction between the dehumanizer and the dehumanized. HN characteristics are highly essentialized (Haslam et al., 2004, 2005) and can be denied to others in interpersonal comparisons in which no essentialized intergroup boundary exists (I-laslam ct al., 2005). Mechanistic dehumanization may occur when such a boundary is perceived, but it does not ap- pear to require it. Social context. Most ac- counts present dehumanization as an intergroup phe- nomenon in which outgroups and their members are de- nied full humanness. The model deveIOped here does not restrict dehumanization to the intergroup context and proposes that comparable processes may take place in interpersonal perception. People may be dehuman- ized not as representatives of a social group but as dis- tinct individuals or members of a ?generalized other? from which other individuals wish to distinguish them- selves. Dehumanization may occur equally in interper- sonal (self?other) and intergroup (ingroup?outgroup) comparisons. In three studies, Haslam er al. (2005) supported this possibility, ?nding-that undergraduates attributed HN traits to themselves more than to the average student. This effect was independent of self-enhancement, ob- tained in both direct and indirect comparisons, and me- diated by the attribution of greater depth more essentialized traits) to self than to others. By implica- tion, mechanistic dehumanization may occur in inter? personal comparisons. No equivalent effect for UH traits was obtained, consistent with ?ndings that UH emotions are not attributed more to self than to ingroup (Cortes et al., 2005). The lack of evidence for infra-humanization in inter- personal comparisons, combined with the claim that an? imalistic dchumanization requires the existence of an essentialized group boundary, raises the possibility that infra~humanization is primarily an intergroup phenom enon- it has been theorized in this fashion (Leyens et at, 2001, 2003), and its prototypical examples involve interethnic relations. Mechanistic dehumanization, in contrast, has not typically been theorized as an inter- group phenomenon, and many of the domains in which it is salient?for example, technology and bio- medicine??do not have obvious intergroup dynamics. It would be premature to align the two proposed forms of dehumanization exclusively with intergroup or interpersonal contexts. The denial of UH character istics may occur in interpersonal comparisons, and HN characteristics are often differentially attributed to ingroups and outgroups the objecti?cation of women). Nevertheless, the present model of dehuman- ization tentatively proposes that animalistic dehuman- ization is typically an intergroup phenomenon but mechanistic dehumanization commonly applies in both intergroup and interpersonal contexts. Distinctive features. The proposed model. sum- marized in Table l, differs ?om previous accounts in broadening dehumanization to encompass two dis- tinct forms that operate in interpersonal and intergroup contexts and do not entail con?ict and antipathy. In this regard, it deviates from the dehumanization-as- demonization view embodied by the delegitimization approach (Bar-T211, 2000). It proposes that subtler forms of dehumaniz ation occur in everyday life when persons are not granted full humanness, as in stereotypes that deny groups UH or HN qualities (of. Fiske, Xu, Cuddy, Glick, 1999). Similarly, the model is distinctive in al- lowing that people might simultaneously be dehuman- 259 Domloaded from lulp?psrsagapuucom by anAugust 2, 2007 2006 SAGE Publications. All right) roamed. No! for comment?! on or unwmorlzod dlanlburlon. HASLAM Table 1. Summary of Distinctive Characteristics afthe Two Proposed Forms of Dehumanizatt?on Animalistic Mechanistic Form of Denied Humanness Implicit Contrast Uniquely human Animals Human nature Automata Prototypical Domains relations, disability Technology, biomedicinc Exemplary Theories Infra-humanizedon Value based, objecti?cation Emotion Disgust, coutempt Disregard. indifference Semiotics Vertical comparison Horizontal comparison Essentialism Nature of difference between perCeiver Content of attributed difference between perceive: and target and target Social Context Primarily intergmup Intergroup and interpersonal Relational De?nition Communal sharing Asocial Cognitive Modality Natural history/folk biology Technical Behavior Explanation Desire based Cause or causal history based ized in both ways the obj ecti?cation and degrada~ tion of women in violent pornography). The two forms of dehumanization rest on independent dimensions of humanness (Haslam et al., 2005) rather than exclusive categories. and there is no incompatibility between de- nying someone re?nement and emotional depth, or be- tween feeling indifference to someone?s su?'cring and disgust at their degraded condition. The Two Forms of Dehumanizatiou in Previous Research and Theory The proposed model should clarify the many ways in which dehumanization has been understood in previous research and theory. EXamples and theories should often be aligned with one form of dehumanization or the other, although the two fonns might sometimes com- bine and some theories might refer to common features of both. Delcgitimization (B ar-Tal, 2000), moral exclu~ sion (Opotow, 1990), and moral disengagement (Bandura, 2002) theories, for example, are quite non- speci?c: Others could be delegitimized, excluded, or the denial of eithersense of humanness. The animalistic form of dehumanization, in which others are denied UH characteristics such as higher cognition, self~control, civility, and re?nement, is best exempli?ed in the context of interethnic antagonism (cg, genocide, racial stereotyping, attitudes toward immigrants). Animal or organism metaphors for ethnic outgroups are commonplace in this domain, as is the: sense that intergroup differences are as sharp and im? permeable as boundaries species. This form of dehumanization also captures perceptions of the cognitively disabled (O?Brien, 1999, 2003b) and has a strong resonance with infra-hummrization theory. The mechanistic form of is best ex- empli?ed by work in the domains of medicine and tech? nology, where dehumanization is formulated in an ex- plicitly mechanistic fashion (Montague Matson, 1983; Szasz, 1973). Modem biomedicine is seen as de- humanizing in its focus on standardization, instrumen- 260 tal ef?ciency, impersonal technique, causal determin- ism, and enforced passivity. Writings on the dehumaniz- ing implications of computer technology, educational testing, Sport science, modern art, behaviorist ogy, and economic formalism similarly see these as de- priving people of core features of RN. Theoretical work on the objecti?cation of women (Nussbaum, 1999) has clear parallels with mechanistic dehumanization, and the value-based model of dehumanizau'on may also. Schwartz and Struch (1989) argue that to deny prosocial values to others is to- deny them UH characteristics, but research indicates that prosocial characteristics are judged to be aspects of HN instead. In addition, values re?ecting HN themes of agency and self-detennination are rated as especially important (Bain, Kashima, Haslam, in press), so perceiving others to have dissimi- lar values is likely to involve denying them HN. Social-Cognitive Underpinnings of Dehumanization In most theoretical accounts, dehumanization is seen primarily as a motivated phenomenon, enabling the re- lease of aggression or removing the burden of moral qualms or vicarious dishes s. Many theorists also pay at- tention to the role of societal factors political and religious ideologies, mass movements, delegitimizing beliefs)- Less attention has been paid to the social?cog- nitive underpinnings of dehumanization- Examining whether it reflects ordinary processes of social cogni- tion may open up possibilities for research and theory and clarify how it may arise outside contexts of con?ict and violence. Several social?cognitive bases of dehu- manization are proposed following. Relational Cognition One cognitive process that may be implicated in de- humanization is people?s construal of their relationship with the dehumanized other. Alan Fiske's (1991) rela- tional models theory, which proposes four ?mdamental modes in which relationships are construed, may help to Downloaded {tom httpiipsr sagopuboom by on August 2. 2007 otter 02008 SAGE Publications. All right: ll?llel?V?d- 44. 1 . ?undue-u distinguish the two forms of dehumanization. In com- munal sharing (CS), people feel a sense of deep unity and solidarity with other members of their group, under- stand the group as a ?natural kind? whose members share ?some fundamental bodily essence in common? (Fiske, 2004, p. 69), and place great importance in the categorical distinction between ?us? and ?them.? Fiskc argues that racial and ethnic identity corrm'ronly has basis and that this model underpins interethnic con?ict. These features call to mind the animalistic form of dehu- manizati on. The proposed role of disgust in the likening of others to animals is consistent with the contamination concerns that prevail in CS relationships, disgust, in turn, being occasioned by violations of communal norms (Rozin,Lowery, Imada, Haidt, 1999). Animal- istic dehumanization may therefore occur in social con- texts in which relationships areconstmed in CS terms. People who dehumanize others in a mechanistic fashion, taking an indifferent, instrumental, distancing, and objectifying orientation toward them, may not construe any social relationship to exist. Fiske (1991) refers to ?asocial? and ?null? interactions, in which people ?disregard the existence of other people as so? cial partners? (p.19) and assume no shared social framework. Mechanistic dehumanization may there~ fore index the extent to which people see no related- ness to others. If mechanistic dehumanization repre- sents such a perception of lack of relatedness, it is understandable that it should be apparent in interper- sonal contexts,-whereas anirnalistic dehumanization may be more restricted to intergroup contexts. where a communal dynamic is likely to operate- Cognitive Modalities Mithen (1996) has proposed that distinct forms of intuitive understanding devoted to thinking about peo~ ple, animals, and objects to be manipulated arose over the course of hominid evolution. the advanced cognitive ?uidity of modern humans these ?social," ?natural history,? and ?technical" intelligences became interlinked. Fluidity between social and natural history modes enables phenomena such as anthropomorphism and totemism, but also the sense that other groups are ?less than human? (Mithen, p. 196). The transfer of an essentialist mode of folk-biological thinking (Media Atran, 2004) into the social domain might underlie an intuitive understanding of outgroups as aldn to di?'er? ent species, as in animalistic dehumanization- This possibility accords with the role attributed to essen? tialist thinking in infra-humanization (Leyens et al., 2001). A similar slippage between the social and tech? nical domains could account for instances of mecha- nistic dehumanization. If other peeple are understood as akin to objects or artifacts, ?which have no emotions or rights because they have no minds? (Mithen, p. 196), then they are free to be used I Behavior Explanation Self?other asymmetries in behavior explanation may also illuminate dehumanization. Malle (1999, in press) shows that people invoke ?causal history? fac- tors more when explaining the behavior of others than themselves, and invoke ?reasons? inten- tional states) less. These explanatory phenomena im- ply a more mechanistic view of the other, emphasiz~ ing factors that are deterministic and attenuate personal agency and de?emphasizing intentional states. An animalistic view of others does not entail explaining their behavior in a more causal, less mentalistic fashion but may involve denying them certain kinds of more re?ned intentional states (cf. secondary emotions; Demoulin et al., 2004). Malle distinguishes belief- and desire-based reason explana- tions, the former implying greater rationality and de- liberativeness. Given their lesser cognitive sophistica- tion, desirenbased explanations should be given more for the behavior of animalistically dehumanized oth~ ers. Malle?s (in press) ?nding that people explain their own behavior with less reference to desires than the behavior of others makes this speculation more plausible. Self-other asymmetries in behavior expla- nations may therefore reveal subtle, everyday forms of dehumanization. Social Categorization Social categorization may also contribute to dehu- manization. As Tajfel (1981) argued, depersonaliza? tion is a common .15th of intergroup perception, as evident in minimal groups as in warfare, although only in the latter is dehumanization in a strong sense typical- To Tajfel, depersonalization enables dehumanization and can be placed on a continuum with it {Billig, 2002). The relevant form of dehumanization here is mechanistic, as depersonalization involves a view of others as fungible and lacking individuality. Consistent with this claim, the attribution of greater l-lN to the self than to others is reduced when the other is individuated (Haslam Bain, in press). For animalistic dehuman- ization to occur, a perception of the outgroup as lack- ing in UH characteristics would have to arise, perhaps by the fear-mediated attribution to it of unrestrained hostility. As Wilder (1986) notes, depersonalized or deindividuated outgroups are often judged to be highly threatening, in part because of their perceived entitativity (Abelson, Dasgupta, Park, Banaji, 1998). In addition, recent evidence suggests that people may infra~humanize members of outgroups whose suffer- ing is their ingroup?s collective responsibility in an ef- fort to disengage their self~sanctions (Castano Giner-Sirolla, in press)- By these three means?ef?c- ing the individuality of outgroup members, encourag- ing an affect?laden view of the outgroup as a threaten- ing entity, and feeling collectively reSponsible for the 261 Downloaded lrom lutpubsr?gopohwn byon August 2, 2007 a 2006 SAGE Publications. All rights renewed. Not for commercial use or unauthorized HASLAM outgroup?s misery?social categorization may contrib- ute to both forms of dehumanization. Distance Several writers have noted the role of distance in dehumanization. Opotow (1990), for exam- ple, describes distancing as a form of moral exclusion linked to the objecti?cation of others and feelings of unConnectedness to others as a basis for dehumaniza- tion. Trope and Liberman (2003) recently proposed that greater distance is associated with con- struals of events, situations, and people that are rela- tively decontextualized and abstract. When people are seen as socially distant, they are likely to be perceived in a simple and impoverished way, with greater recourse to abstract traits than to ?speci?c behaviors, beliefs, mo- tives, and intentions? (Trope Liberman, p. 404). These more abstract construals of distant others are more likely to involve ?cold? cognition-based judg- ments- Given its apparent links to shallower, ?cooler,? more distanced, and less intentional perceptions of oth- ers, abstract construal may be a cognitive basis of mech- anistic dehumanization. Consistent with this possibility, Haslam and Rain (in press) found that the cally distant) future self was attributed fewer HN traits than the more concretely construed present self. Empathy Empathy is often proposed as a requirement for overcoming dehumanization (Halpcm Weinstein, 2004} and may have an especially intimate connec? tion with the mechanistic form. The attribution of UH attributes does not appear to be based on familiarity (Cortes et 31., 2005), which should be associated with empathy, whereas the attribution of I-IN characteris- tics does (Haslam et al., 2005). These characteristics, being more affective and deeply meted, should also be more pertinent to empathy. which involves an ac- tive engagement with other people?s inner thoughts and feelings. Failure to empathize should be associ? ated with a perception of the other that is shallow and emotionally impoverished, features of the mechanis- tic form of dehumanization. Work on "empathy disorders" autism, psy- chOpathy, {route-temporal dementia Preston de Waal, 2002) provides indirect support for this link. These disorders are often described in the same terms as mechanistic dehumanization, marked by a lack of emotional depth, warmth,.and prosocial concern. Peo- ple with autism have dif?culty recognizing others? be- liefs, wishes, and emotions (Baron-Cohen, 1995) and are sometimes said to perceive others in rigid and me- chanical ways. show an attenuated auto? nomic response to others? distress and de?cient moral concern for their well-being (Blair, l995; Blair, Jones, Clark, Smith, 1997), and are often described as cold 262 Downloaded tram hily?pal sngepubpcm by on August 2, 2007 0 21106 SAGE Publlutiuns. Ml right: reserved. Not for and heartless. People with are emotionally shal- low, lack feeling for others, and intriguingly appear to Show a decreased sense of the humanness of others (Mendez Lim, 2004; Mendez Pertyman, 2003). This work therefore supports a link: between mechanis- tic dehumanization and empathy de?cits. Conclusions The aim of this article was to develop an account of dehumanization that does justice to the diverse senses and domains in which it has been identi?ed, integrates existing research and theory, and describes its logical underpinnings. The two proposed forms eco- nomically capture existing work and have theoretically plausible associations with social-cognitive processes that have not previously been discussed in this context. To summarize, animalistic dehumanization involves the denial of UH attributes, typically to essentialized outgroups in the context of a communal representation of the ingroup. It is often accompanied by emotions of contempt and disgust that re?ect an implicit vertical comparison and by a tendency to explain others? behav- ior in terms of desires and wants rather than cognitive states. Mechanistic dehumanization, in contrast, in- volves the objectifying denial of essentially human at- tributes to people toward whom the person feels logically distant and socially unrelated. It is often accompanied by indifference, a lack of empathy, an ab- stract and deindivr'duated view of others that indicates an implicit horizontal separation from self, and a ten? dency to explain the other?s behavior in nonintentional, causal terms. . The proposed model is intended to extend the scope of dehumanization as a concept. Rather than applying only to extreme cases of antipathy, in which the denial of hurnanness to others is explicit, dehumanization oc- curs whenever individuals or outgroups are ascribed lesser degrees of the two forms of humanness than the self or ingroup, whether or not they are explicitly lilt- erred to animals or automate. In this extended sense, the model might illuminate work on objecti?cation (Fredrickson Roberts. 1997) and stigma. following up Goffman?s (1986) claim that ?the person with stig- ma is not quite human? 5). The two forms of dehu~ manization might also serve as dimensions of stereo- type coutent (cf. Fiske et 211., 1999). It remains to be seen whether the model provides a useful framework for research. It is also unclear whether its two senses of humanness are widespread cross-culturally. Wherever a Romantic view of hu~ manness is not prevalent in lay conceptions, HN might not be as sharply distinguished from UH as itis in Western studies, and two distinct forms of dehu- manization might not occur. Additional forms of de- humanization, perhaps based on comparisons of hu? "3?01 mans to supernatural entities rather than animals and machines, might also exist. 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The human dr?'erence: Animals. computers, and the necessity of social science. Berkeley, CA: University ofCal- ifot'nia Press. L. S. (1992). Assumptions about human nature: lowlio cations for researchers and practitioners. Newbury Park, CA: Sage. on com hyon August 2, 2007 2006 SRGE Publications. All rights mowed. at for commercial use or unauthorized distribution. Iouma! of Markets Sc Morality 2. no. 1(Spring 1999). 88-101 Coyyn'ght 0 1999 Center for Economic Personalism Toward the Definition of Economic Rights Carmine Gorga Resident Polls-tics, Incorporated Introduction With the assistance of a rigorous analysis of a long sweep of history by Daniel Rush Finn,l the central legal dilemma of our age can be identified as follows: We either rede?ne property rights or we define economic rights. This essay at- tempts to de?ne economic tights. Currently, the terms economic rights, property rights, and entitlements are treated as nearly interchangeable synonyms. We will see that these entities are, in fact, connected to one another by many subtle links of timing sequence and by many overlapping intellectual conditions determining their respective identi- ties. in the pr0cess. distinctions will emerge that separate these three entities from each other and ?rmly implant economic rights within the structure of the theory of justice. From a practical point of view, the judgment that economic rights are nei- ther entitlements nor the same entity as property rights leads to a. fundamental realization. Since no accepted de?nition of economic rights can be found in theory, there is no rationale for the exercise of economic rights in practice. There is observable evidence of access to economic resources, but, clearly, the fact of access is not the same as the right of access. The task oi'de?ning economic rights assumes particular importance because these rights occupy a pivotal position in an integrated system of social thought. They can be conceived not only as the focal point of economic policy and eco- nomic theory. but they can be construed as the keystone in the arch of eco- nomic justice. To anticipate the concIusion of this essay, only those who exercise economic rights can be said to participate in the economic process in full dig- nity and self-reliance. 88 Markets Morality . 89 Toward the De?nition of Economic Rights To clarify issues concerning the de?nition of economic rights, it might be useful to begin with an overview of three factual between economic rights. properly rights, and entitlements. These distinctions can be taken as facts at this stage of the discussion but they will be justi?ed in the course of the argument. First, the content of thcse three entities is different. The object of property rights are marketable things. tangible or intangible things such as mate- rial goods and services. The object of entitlements are human needs, from food to shelter to health. The object of economic rights are economic needs. Second. the legal form of these three entities is different. Property rights are concrete legal titles over existing wealth; economic rights are abstract legal claims over future wealth; and entitlements are moral claims on wealth thar legally belong to oth- ers. Finally, the quantity that they measure is Vari able. While both property rights and entitlements relate to existing wealth, and therefore a necessarily finite quantity, economic rights relate to future wealth, an unknown and elastic?if not a potentially in?nite?quantity. Economic rights can be de?ned as follows: Economic rights are rights of access to resources?such as land, labor. physical, and ?nancial capital?that are essential for the creation, legal appropriation, and market exchange of goods and services. Economic rights are self-evident. However, for their full recogni- tion, economic rights require at least three conditions: (1) they require a knowl- edge of basic economic needs for a person to operate in the economic world; they require a knowledge of their legal characteristics; and (3) they have to be fully integrated into the theory of justice. This essay attempts to articulate a framework that satisfies these three conditions. Basic Economic Needs The basic economic needs of any human being extend over One or more functions that are related to the creation, legal appropriation. and market ex- change of goods and services. These needs have traditionally been satis?ed through access to labor and land, which also includes natural resources. In the modern world. one must include access to physical as well as ?nancial capital among the prerequisites of an independent and productive econOmic life. There is no economic activity that does not require labor. land, and natural resources to be carried out. No poet or painter, let alone an industrialist, can perform any function without access to these resources. Furthermore, once money is seen as a means of exchange. it will be conceived to include all forms of wealth, whether physical or ?nancial wealth. Then it can be seen how, even in a condition of barter, money is essential to carrying out any market function. 90 Toward the De?nition of Economic Rights And equally essential to carrying out any economic function today is access to physical capital, whether it is a pen, a computer, or a shovel. In previous times. poets may have subsisted on berries and may have been able to produce their own papyrus on which to scratch their poems. Today, we have restricted our own capabilities through the acquisition of specialized knowledge and so. in order to function properly in the economic sphere, we need access to physical capital that is generally owned by others. To put it access to labor, land, natural resources, ?nancial. and physical capital is essential to the perfor- mance of any economic function?whether it is production, legal appropria- tion, or market exchange of wealth. Indeed, access to these resources is essential to the very existence of human life. This is generally well-known. What is not known?~and, if known, not readily granted?is the legal fact that only productive people acquire by right the title to marketable products and services, a title that is independent of other people's will. And what is openly disputed is the claim that only productive people have the legal as well as the practical means to exchange goods and services in the market. The great tension that exists in the ?eld of entitlements is the attempt to overthrow these basic legal and economic realities. In accordance with these complex practical and theoretical conditions, four economic rights can be isolated from other potential rights, which must be placed at the foundation of a modern economic policy that is concerned with the production, legal acquisition, and exchange of marketable goads and ser- vices. These four rights are formulated in correspondence with the factors of production of classical economic analysis; namely, land, labor. and capital? with capital being speci?ed in both its ?nancial and physical aspects. These rights belong to each human being, and can be expressed in these terms: 0 The right of access to land and natural resources - The right of access to national credit 0 The right to mm the fruits of one?s labor 0 The right to protect one?s wealth This system of rights can be subdivided in a variety of ways. To be established singly and jointly, these rights have to be justi?ed on many grounds. In some of my earlier work,2 readers can ?nd the contours of the economic, political, and moral rationale for these rights. Our primary focus here has to do with the legal grounds of these rights. Some Legal Characteristics of Economic Rights Economic rights are rights of access to resources that are essential for the creation, legal appropriation, and market exchange of goods and services. In Markets Morality 91 order to obtain a more precise understanding of this de?nition, the legal char? acten?sn?es of economic rights can be pinpointed as follows. Economic Rights Distinct From Property Rights and Entitlements Economic rights can be clearly distinguished from property rights, once it has been acknowledged that economic ?ghts are the necessary precandition for the creation and the legal establishment of property rights and entitlements. Property rights cannot be identi?ed with economic rights. Property rights are the bundle of dominion rights over existing goods and services that are de- mandecl for the ful?llment of human needs. Economic rights, on the other hand, are rights of access to reSources that are needed to create future goods and services. This differentiation is tranSparent when economic resources are not owned by anyone at the time they are energized to serve in the production process. For instance. in the proceSS of creating consumer geods, one can or hunt for animals that are still held in the commons, and the only legal tool that one needs is the right of access to those resources. Mereover, one can make use of a ?nancial resource such as credit?an entity that manifests itself as the power to create money not exclusively by a government agency but by private parties as well. Indeed, by looking deeper into the subject it becomes evident that the power to create money beiongs to the people exclusively, and the role of government agencies is con?ned to administering that function properly. The differentiation between economic rights and property rights holds even when resources are owned by someone else at the time they are acquired and energized to serve in the production process. The bundle of legal prerequi- sites involved in accessing those resources constitutes the set of economic rights. Thus, the process of creating new wealth, of legally acquiring ownership or trans- ferring ownership of wealth. involves the exercise of economic tights. Owner- ship of speci?c items of wealth involves the exercise of property rights. Property rights are static; ecOnornic rights are dynamic. Property rights involve stocks of wealth; economic rights involve ?ows of wealth. Entitlements must be distinguished from economic rights. Entitlements trans- fer the possession of Speci?c property money or things) and property rights from one person to another?forcibly, if neces sary, under penalty of retn' bu [ion from an agency of the state, An example of this power is exercised by the Inter- nal Revenue Service. Entitlements relate to existing wealth. Both property rights and entitlements have a clear market value and are social to the extent that if society did not exist, property rights not only would not exist but would not be necessary to human existence. Property rights and entitlements are social and alienablc, while economic rights are innate and 92 Toward the De?nition of Economic Rights inalienable. Since economic rights are inextricably linked to the basic require- ments of life, they accompany the very existence of life; and unless one wants to live the life of enslavement?a condition that is not legally permissible in a civilized society?they are aISo not alienable. put, provided economic rights are in vigorous existence. the denial of an entitlement or a property right would not necessarily imply a denial of the right to life. With due quali?ca- tions, singly and jointly, the denial of the right of access to land and natural resources, the denial of the right of access to national credit, the denial of the right to enjoy the fruits of one?s labor, and the denial of the right to protect one's property, essentially amounts to a denial of the rights to life and liberty. and certainly to the denial of civilized life and liberty. The major differences between economic rig hts. property rights, and entitle- ments can be summarized this way: Economic rights repreSent a legal claim on potential property rights; property rights represent a legal claim on wealth that is already in existence; and entitlements represent a moral claim on wealth that is legally owned by others. The Differentiation Between Private Rights and Public (or Constitutional) Rights The proposed set of economic rights offers the interesting theoretical possi? bility of establishing the category of public rights within the theory of justice. For some reason, the category of public rights does not exist in any of the texts or the standard reference books of Anglo-Saxon legal literature. Therefore. it seems that in order to realize this possibility. we need to go back to Immanuel Kant's Philosophy of Law,3 where the foundation for the distinction between public and private rights is clearly de?ned. However. it is important to realize that Kant left the category of public tights as an empty set. He concluded his analysis by stating that the Matter of Private Right is, in short, the very same in both??namely, in the ?sphere of PRIVATE met-u? as in the ?sphere of PUBLIC The acceptance of economic rights would give coment to the category of public rights, and would help to differentiate between public and private rights within the ?eld of economic justice. This differentiation would be useful not only in establishing continuity of thoaght with the range of political freedom where most public rights are fully rec0gnized. The immediate usefulness of the category of public ?ghts would consist in clearly distinguishing property rights from economic rights. Property rights would be categorized as private rights and economic rights as public rights. If the category of public rights were unacceptable for some reason, then economic rights could be classi?ed as con- stitutional rights. Markets Morality 93 Another Difference Between Property Rights and Econozm'c Rights If the distinction between private and public (or constitutional) rights is accepted, one can further clarify the essential differences that exist between prop- erty rights and economic rights. By con?ning property rights to the category of private rights and assigning economic rights to the category of public (or con- stitutional) rights, one could clearly see that property rights regarding a speci?c item of wealth belong to us exclusively on either a personal or an individual basis. Economic rights, instead. are those that belong to everyone on a universal basis. To eliminate a potential source of confusion. it is necessary to classify the right to ownership in general as an ancillary economic right and therefore as a public right?a right belonging to everyone. While the right of ownership over a speci?c piece of property would always be classi?ed as a property right and therefore as a private right, economic rights, instead, would belong exclusively to the category of public (or constitutional) rights. These are not simply intellectual distinctions. They have a solid foundation in fact. While property rights restrict other peoples? freedom, because they nec- essarily exclude people from using speci?c pieces of property, economic rights enlarge the range of freedom for everyone. Economic rights are similar to vot- ing rights. Voting rights do not restrict the freedom of anyone; rather. they en- large the range of freedom of eVeryone. The Differentiation Between Rights in Posse and Rights in Esse Public (or constitutional) rights are potentialities; they are rights in posse. For example, the right to vote is a potential right and not the actual act of voting. Public (or constitutional) rights are by the community on behalf of all its citiZens. Private rights, 0n the other hand, are granted by the community to individual persons exclusively. Thus. economic rights are rights in posse and property rights are rights in esse. In these theoretical questions, the issue of the practical usefulness of eco- nomic rights is embedded. stated, their usefulness rests on the fact that they represent a legal claim on ?lture property rights. In other words, eco? nomic rights, as many other rights, represent legal potentialities. To distinguish them from other ?ghts, these potentialities perform a speci?c function. They represent opportunities to create wealth. Thus, their exercise allows people to'exist in the economic sphere with full dignity and a degree of interdependence. Since, by nature. economic rights are universal they represent a fair distribution of opportunities to create future wealth. 94 Toward the De?nition of Economic Rights Rights and Responsibilities From GiuSeppe Mazzini? to Oliver Wendell Holmes,6 it has been recog- nized that the very essence of rights is that they imply responsibilities. There are various reasons for the existence of an indissoluble link between these two entities. The ?rst reason can be found in the very nature of rights observed in the full glory of social and communal relations. If rights are innate, they be- long to all human beings universally. Therefore, since the community does not possess them, when it assigns them to each individual persOn?i.e., when their title is conferred by society?the community must request a quid pro quo as compensation for all other people The quid is the responsibility. It is the assignment of responsibilities that. given community relationships, provides legal legitimacy to the assignment of rights. Then there is the issue of moral legitimacy. Society cannot give rights away without simultaneously assigning responsibilities. Responsibilities, so under- stood, confer moral iustification for rights. One justi?cation for this linkage can be found in the domain of political science. David E. Stephens, a moral theologian, once suggested the following to me in a letter: ?If one has responsi- bilities but no corresponding rights, then one is bound by and a victim of ne- cessity?in the form of some kind of tyranny. If one has rights and no corresponding responsibilities. then one is unaccountably free, a state of anar- chy.? He went on to make an important philosophical argument: ?Yet. in both cases the linkage between right and responsibility is inescapable: If one is bound by necessity, either one has a responsibility to conform to necessity or to suffer the alternative sanctions. if one is unaccountably free, then either one is self- accountable or self?destruetive. Barring destruction of the party or parties in either state, some responsibility or some rights must coordinate with the state of necessity or freedom. Between these polar states, a full spectrum of proper- tionality of coordinated rights and responsibilities are to be found." A society that wants to be civilized must link peOpIe together through a set of mutual rights and responsibilities. Human relationships then become legal because they are moral, and they are moral because they are legal. From one perspective, responsibilities are the quid pro quo that diminishes the reasons for society to ever take rights away from individual human beings, and thus binds society to the individual person. From the other side, responsibilities represent what is given back to society. and thus bind the individual person to society. In either case, responsibilities provide the moral justi?cation for rights. If the right balance is found, the statesman builds not only upon a. moral foun- dation but he also ensures stability for the future. Members of society will not desire to alter those relationships. Markets Morality 95 Corresponding Economic Responsibilities Responsibilities cannot be superimposed upon rights arbitrarily. Rather. they are an inherent part of them, and are time? and place-speci?c. If the rights are conceptual, then the responsibilities must be conceptual. Yet, as soon as the exercise of rights becomes concrete, their inherent obligations become le- gal obligations?obligations, that is. enforceable in a court of law. All too brie?y. since the arguments belong mostly to the ?eld of economic analysis and economic policy, the responsibilities that one might want to as- sociate with the four economic rights enunciated above can be pinpointed as follows. in correspondence with the right of access to natural resources. there ought to be the duty to pay taxes for the use of those resources. The basic rationale for this duty is not only that natural resources are a common good and the good of all requires that they be equitably shared, but that the payment of taxes is a token compensation for the exclusion of others from the use of those resources. Furthermore. the rationale is that much?but by no means all?of the value of one's property derives from communal efforts the provision of Water. sewer. and electric lines; schools, theaters, and museums). The ratio- nale is also that by paying taxes on land and natural resources one eliminates the incentive to hoard those resources and thus, with full compensation, one makes the resources that an: hoardcd potentially part of the commonwealth through voluntary market exchanges. The alternative is clear: One can hold on to the land but one must pay taxes on those holdings. Taxes on [and and natural resources cannot be construed as ?takin gs." Quite simply, they represent pay- ment for the provision of public services received directly by the owner of the land. The extent to which taxes on land and natural resources should exceed the value of the public goods received can be ascribed to payment for the so- cial and economic bene?ts of the absence of hoarding. In correspondence with the right of access to national credit there ought to be the duty to repay the loan. The exercise of this right should be subjected to the following restrictions: (1) Access should be limited to capital credit to create new wealth (consumer credit. credit for paper transactions. as well as credit for transfer of ownership titles would not qualify); (2) It should be issued to ben- e?t all participants in the enterprise; and (3) It sh0uld be issued at cost. The rationale for the basic duty to repay the loan is that national credit is a common good. Failure to repay the loan causes the pool of common resources to be drained. Worse yet, due to in?ationary effects. by not repaying the loan one debascs the currency to the detriment of everyonekthe abuser of the right in- cluded. Corresponding to the third right mentioned above, the right to own the 96 Toward the De?nition of Economic Rights fruits of one?s labor, there ought to be the duty to meet the obligations outlined in the performance of the Work. Likewise, corresponding to the right to pro? tect one?s Wealth, there ought to be the duty to respect other people's wealth. A brief note regarding the implementation of these duties should be ap- pended here. As it can be seen from this list, the obligations are not obliga- tions of the state. If the state does not have economic rights to apportion. it cannot assume economic obligations to ful?ll. The obligations flow from in- dividual human beings to other human beings. The state can only administer the policies that make for an easy ful?llment of those obligations. Theory and Practice The natural mutuality of interests and concerns among human beings makes for an integration of rights and responsibilities. We have seen that this integra- tion is such an essential part of the theory of economic rights one might con- clude that the link forms an implicit contract. However, does this imply that the theory is always respected in practice? Since the law does not have a soul, since it does not have an essence of its own, there is no ultimate justi?cation in the law for this linkage. The justi?cations we have found occur in the do? main oi morality, sociology, politics. and philosophy, but not in the law. The law is a tool, in fact, a neutral tool of society. In the end. the law can accom- plish anything society wants it to accomplish. Hence, there is no legal justi?ca- tion forrights to be tied to responsibilities. Indeed. since rights are social entities, they are a two-edged sword. Society giveth; society can take away. Society can only grant privileges. Society cannot grant rights; it can only recognize them. But society can prevent their exercise. The link between theory and practice can be dissolved; yet if the link is a natural one, many problems will arise from its dissolution. Rather than the administration of universal rights. one shall ?nd the granting of factional privi- leges. Rather than the protection of the laws, one shall ?nd a favoritism irn- posed by force. Rather than freedom for all, one shall ?nd libertinism for the few. Rather than social integratiOn, one shall eventually ?nd Social disintegra- tion. Liberty and stability exist only in a regimen of just laws. For mOral. socio- logical, and political reasons it is advisable that rights be indissolubly tied to responsibilities. With such a burden lying on the propriety of the link between rights and responsibilities, one must make sure that the theory is indeed sound. Economic Rights Within the Theory of Justice We will examine five tests of legal validity that the proposed economic rights must pass before they can be accepted as true public (or constitutional) rights. Markets Morality 97 Thereafter. we will see whether they conform with established principles of eco- nomic justice. Finally, We will see what sort of place they might eventually oc- cupy within the structure of the theory of justice. Some Theoretical Perspectives For these rights and responsibilities to be accepted. they must pass a num- ber of theoretical tests that belong to the legal understanding ofjustice. First. do the proposed rights and responsibilities yield the essential elements of ?the original pesition" envisioned by Rawls?7 Second, do they meet the require- ments of the ?reverse theory" enunciated by Nozicki? Recognizing that ?par- ticular rights over things fill the space of rights, leaving no room for general rights to be in a certain material condition,? Nozick postulates: ?The reverse theory would place only such universally held general rights to? achieve goals or to be in a certain material condition into its substructure so as to determine all else; to my knowledge no serious attempt has been made to state this ?rc- verse' theory.? A third theoretical test of validity can be construed in relation to the Prin? ciple of Generic Consistency, which has been carefully designed and cogently argued for by Alan Gewirth.m Will the above Set of four rights and responsibili- ties pass this test? Gewirth?s principle to ?Act in accord with the generic rights of your recipients as well as of yourself'" is an attempt to the logical requirements advanced by Rawls with those of Nozick. There are many other tests of validity. The next that might be considered is based on the conditions for the existence of a ?system of rights" as speci?ed by Rex Martin.?Z Can those rights function as a system of tights? One ?nal test comes to mind. Are the proposed rights and responsibilities properly ?inte- grated within a robust vision of a very traditional Catholic concern, namely, the common good." as Finn recommends?I3 The Principles of Justice For the proposed ecouomic rights and responsibilities eventually to become an integral part of the theory of justice they have to be expressions of sound legal and philosophical principles. The most important test that those four rights and responsibilities, singly and jointly, have to sustain is this: Are those rights built on the basis of solid principles? The essential principles submitted for scrutiny are: 0 Each speci?c right shall make us free (the intellectual, rationalist argu- ment); 98 Toward the De?nition of Economic Rights - Each speci?c right shall be universal (the idealist as well as the utilitarian argument); . Each speci?c right shall be fair (the emotional, naturalistic, transcenden- talist argument); - Each speci?c right shall be enforceable in a court of law (the positivist argument); 0 Each speci?c right shall create social order (the political and aesthetic ar- gument). Only a few questions can be raised here to point toward the necessary analysis that must be done to determine the correspondence of those rights with the above principles: (I) Is each one of those rights intimately related to the ques- tion of truth?and hence to freedom in general?was well as to issaes of eco- nomic freedom in particular? (2) Is each one of those rights an expression of universality and even of universal utilitarianism? (3) Is each one of those rights related to natural rights theory? (4) Can each right also be justi?ed in terms of positivism? (5) Does each right have the potentiality to contribute to social as well as intellectual harmony? A Place Within the Theory of Justice If the proposed rights and responsibilities pass the speci?c tests of legal validity mentioned above and if they pass the theoretical test of concordance with basic principles of philosophy, in order to become fully accepted, they have to occupy a specific place within the theory of justice. Is there such a place for them? A place for economic rights and responsibilities within the structure of the theory of justice will be found only if two requirements are met. First, one must adhere to the ancient division of this body of knowledge into ?elds: political justice and economicjustice. With regard to economicjustice, we must add to it a new plank: participant/e justice. From Aristotle to the late Middle Ages, and within the Catholic tradition up to Monsignor Ryan?s work in the twentieth century, the theory of economic justice was thought to be composed of two major parts, disuibutive and com- mutative justice?with the latter presenting rules of justice that applied to the exchange of goods and services. The right to participate in the production of wealth must have seemed so natural. so innate in human beings, that no need Was felt to specify it in writing. With the progressive closure of the commons, the full development of a monetary economy, and the prOpensity to cluster immense concentrations of wealth in a few hands, the economic conditions of the world have, indeed. changed. The right to be an active participant, rather Markets Morality 99 than being relegated to the margin of economic life is a right that needs to be asserted. Implementation of the requirements of participative justice is imperative today. Taking the lead from me seminal economic policy analysis of Louis 0. Kelso,? this addition to the theory of economic justice can be justi?ed from many points of view. Its moral rationale can be most clearly found in the so- cial teaching of the Roman Catholic Church. In Annus, for instance. Pope John Paul calls for a ?society of free work, of enterprise and of participa- tion ."15 In the preceding paragraph he speci?es: ?Ins eparable from that required ?something' (which is due to man because he is man) is the possibility to sur- vive and at the same time to make an active contribution to the common good of humanity?? Some of the legal rationale for this addition is provided by Noziclr with his principle of ?justice in acquisition.?? The economic rationale can be found in the revision of Keynes? model ?rst envisaged by this writer in the summer of 1965, and gradually developed ever since. This work yields the equivalence of production to distribution to consumption.? In accordance with thesr: results the test is as follows: Can the proposed system of rights bejustified, through a series of iterations, by the requirements of participative, distributive, and com- mutative justice? . All too briefly, withont the exercise of the proposed four rights, peOple are not free to participate in the economic process. They are not put in a position of parity in relation to the apportionment of shares in the process of the distri- bution of wealth. If people do not participate in the production process or are at a disadvantage in the process of the distribution of wealth, then they are automatically at a disadvantage in the process of the exchange of wealth. It would be naive to see the latter set of needs as involving only problems of consumerism; one must enlarge the scepe to encompass prob! ems of monopoly and hoarding of wealth. Note Monsignor John A. Ryan's major work, Distribu? tive Justice.- The Right and Wrong of Our Present Distribution of Wealth,? where he builds on the solid tradition of the past but without ignoring the problems that are still with us today. For instance, this work contains a legal and eco- nomic analysis of the minimum wage that is far superior to anything existing in the current literature on the subject.30 In summary, the proposed four economic rights offer the opportunity to complete the structure of the theory of economic justice. The structure can be built upon three planks: participative justice, disuibutivejustice, and commu- tative justice. But the three component parts of the structure do not operate 100 Toward the De?nition of Economic Rights sequentially. As in a physical structure, they operate and the theory becomes a powerful engine of decision and analysis. Conclusion There are many indications today that, while public struggles over the last few centuries were mostly concerned with issues of political justice, the cur- rent struggle is one of economic justice. Foundational to this struggle is the issue of de?ning economic rights. This article has sought to define these rights as rights of access to essential resources in the process of production, distribu? tion, and the exchange of wealth. It is through access to those resources that one creates property and property rights. By regressing the search of the legal title of ownership to present wealth. one is led to the realization that this Was the reality in the ancient past as it still is today. The practical thrust of this essay consists in transforming the fact of acCess to economic resources into the right of access to economic resoarces. Rich and poor alikewthe rich to an obviously greater degree than the poor?live in a legal regimen that is one of privilege. They acquire access to economic resources as a factunot as a right. This is the ultimate source of instability in the mod- ern polity. The fact of access has to be transformed into a universal right. If rich and poor alike are to live under a regimen of laws, economic rights have to be de?ned and exercised universally. This article has sought to provide an understanding of basic economic needs that are met by those rights. It has also described an understanding of the legal characteristics of economic rights. Throughout we have suggested that the theory of economic justice should be seen as composed of participative justice, dis- tn'butivejustice. and commutative justice-three planks that have to be treated not as three sequential segments but as three parts whose require? ments are either satis?ed simultaneously or not at all.? Notes Daniel Rush Finn. ?Catholic Social Thought on Property: An Urgent Need for Extension and Renewal." Paper presented at the conference on ?the Legacy of Msgr. John A. Ryan," University of Saint Thomas. 1995. 2 Carmine Gorga. "The ReviSed 25? Model," Atlantic Economic Journal 10 (September 1982): 52; ?Bold New Directions in Politics and Economics.? The Hummus Economy Newsletter 12 (March 1991): 3?6, 12; ?Quality Assurance: internal and External Financing Opportunities," in Quality Conan] and Quality Assurance for Seafood. eds. Gilbert Sylvia, Ann L. Shriver. and Mic hacl'l'. Morrisey (Corvallis. Oreg.: Oregon State University, 1994). 158-63; ?Four Economic Rights: Social Renewal Through Markets Morality 101 . Economic Justice For All." Social Justice Review 85 (January/February 1994}: 3-6; Carmine Cargo and Norman G. Kurland, "The Productivity Standard: A True Golden Slander in Every Worker An Owner: A Revolutionary Free Enterprise Challenge to Marxism. ed, Dawn M. Kurland (Washington, D.C.: Center for Economic and Social lustice. 1987), 83-6; Carmine Gorge and Stuart B. Weeks. ?Fisheries Renewal: A Renewal of the Soul of Business." The Catholic Social Saience Review 2 (i 997): 145?62. Immanuel Kant. ?9hilosophy of Law." in The Great Legal Philosophers: Selected Readings in Juris- prudence. Cd. Clarence Morris (Philadelphia: University of Press. 1959). Ibid.. 252. 5 Giuseppe Mazzini. The Duties :3me (London: Chapman and Hall. 1862). Oliver Wen rial: Holmes. ?Uncollected Letters." in The Wisdom of the Supreme Court. ed. Percival E. Jackson (Norman, Okla; University of Oklahoma Press. l962). 398. 7 John Rawls, A Theory oflusticc (Cambridge. Mass; Harvard University Press. 1971), 12. 72. 136, 5 38. Robert Noziek. Anarchy. State. and Utopia (New York: Basic Books, 1974). 238. 9 Ibid. Man GeWil'lh. ?ECOnomic Justice: Concepts and Criteria," in Economic Justice: Private Rights and Public Responsibilities. ed. Kenneth Kipnis and Diana T. Mcye rs (Towwa. Rowman 8: allanh eld, l935). ibid.. 19. '3 Rex Mattie. Rawls and Rights (Lawrence, Kane: University of Kansas Press, 1985), 114-8. 17.9. '5 Finn. ?Catholic Social ThOught on Property." '4 Loais 0. [{6le and Mortimer Adler, The Capitalist Manifesto (New York: Random House, 1958). chap. 5; Louis 0. Kelso and Pauicia Heller, live?Factor Nicol-y: The Economics of Reality (New York: Vintage Books. 1967). 10. 28. 32. '5 John Paul II. Letter Centesimus Amrm (May l5, 1991). no. 35. ibid., no. 34. '7 Nozick. Anarchy, State. and Utopia. lSOff.. mg. 168. Gorgn. ?The Revised Keyncs? Model." '9 lohn A. Ryan, Distributive Justice: The Right and Wrong of Our PresentDistribtrtion of Wealth (New York: Macmillan and Company, 1942 [at-if, 1916]). I 3? lbid.. 249-302. The historic emphasis there is on the living wage. 1? I would like to acknowledge Professor Michael I. Naughton. who invited me to participate in the con ferenee on he Legacy of Msgl?. John A. Ryan." University of SaintThomas. 1995. and Profes- sor RobertG. Kennedy. who exhibited enormous patience with my unexpected delays in completing this article. i have bene?ted from the constructive criticism of Janis D. Stelluto. David E. Stephens. Stuart 13. Weeks. and David S. Wise. journal of Moral Education, Vol. 31, No. 2, 2002 Carfax PUb?Shing nylon ?0?qu Selective Moral Disengagement in the Exercise of Moral Agency ALBERT BAN DURA Stanford University, USA ABSTRACT Moral agency has dual aspects manifested in both the power to refrain ?om behaving inhumanely and the proactive power to behave humanely. Moral agency is embedded in a broader satin-cognitive self-theory encompassing a?ective self-regulatory mechanisms rooted in personal standards linked to sch-sanctions. Moral ?mctioning is thus governed by self-reactive selflzood rather than by disposaonate abstract reasoning. The self-regulatory mechanisms governing moral conduct do not come into play unless they are activated and there are many mechanisms by which moral sch-sanctions are selectively disengaged ?om inhumane conduct. The moral disengagement may centre on the cognitive restructuring of inhumane conduct into a benign or 200th one by moral justi?cation, sanitising language and exonerative social comparison; disavowal of personal agency in the harm one causes by di?itsion or displacement of responsibility; disregarding or minimising the injurious re?ects of one ?s actions; and attribution of blame to, and dehumanisation those who are victimised. Social cognitive theory adopts an interactionist perspective to morality in which moral actions are the products of the reciprocal intetplay of personal and social in?uences. Given the many mechanisms for disengaging moral control at both the individual and collective level, civilised life requires, in addition to humane personal standards, safeguards built into social systems that uphold compassionate behaviour and renounce cruelty. This article addresses the important but neglected issue of selective moral disengage? ment in the exercise of moral agency. In a recent book entitled, Everybody Does It, Thomas Gabor (1994) documents the pervasiveness of moral disengagement by people of all statuses in all walks of life. theories of morality have traditionally focused heavily on the formal character of moral reasoning to the neglect of moral conduct. People suffer from the wrongs done to them regardless of how perpetrators justify their inhumane actions. The regulation of humane conduct involves much more than moral reasoning. A complete theory of moral agency must link moral knowledge and reasoning to moral conduct. This requires an agentic theory of morality rather than one con?ned mainly to cognitions about morality- In the social cognitive theory of the m0ra] self (Bandura, 1986, This is the text ofthe 1 4th Lawrence Kohlberg Memorial Lecture, delivered at the 27th annual conference of the Association for Moral Education, Vancouver, Canada, 26 October 2001. ISSN 0305-7240 print; ISSN 146 5-3877 online/02/020101-19 200210umal of Moral Education DOI: 10.1080/0305724022014322 102 A. Bandura 1991), moral reasoning is linked to moral action through affective self?regulatory mechanisms by which moral agency is exercised. The moral self is thus embedded in a broader socio-cognitive self theory encompassing self-organising, proactive, self-re?ective and self?rcgulative mechanisms (Bandura, 2001). These self-referent processes provide the motivational as well as the cognitive regulators of moral conduct. In the development of a moral self, individuals adOpt Standards of right and wrong that serve as guides and deterrents for conduct. In this selfwregulatory process, people monitor their conduct and the conditions under which it occurs, judge it in relation to their moral standards and perceived circumstances, and regulate their actions by the consequences they apply to themselves. They do things that give them satisfaction and a sense of self-worth. They refrain from behaving in ways that violate their moral Standards because such conduct will bring self-condemnation. The constraint of negative self-sanctions for conduct that violates one?s moral standards and the support of positive self-sanctions for conduct faithful to personal moral standards operate anticipatorily. In the face of situational inducements to behave in inhumane ways, people can choose to behave otherwise by exerting self?in?uence. Self-sanctions keep conduct in line with internal standards. It is through the ongoing exercise of evaluative self-in?uence that moral conduct is motivated and regulated. Morality is thus rooted in a self-reactive sel?iood, rather than in dispassionate abstract reasoning. The self?regulation of morality is not entirely an matter as rational- ist theories might lead one to believe. People do not operate as autonomous moral agents, impervious to the social realities in which they are enmeshed. Social cognitive theory adopts an interactionsist perspecrive to morality. Moral actions are the product of the reciprocal interplay of c0gnitive, affective and social in?uences. Mechanisms of Moral Disengagement Moral standards do not function as ?xed internal regulators of conduct. Self-regula- tory mechanisms do not operate unless they are activated. There are many social manoeuvres by which moral self-sanctions can be disengaged from inhumane conduct. Selective activation and disengagement of self?sanctions permits different types of conduct by people with the same moral standards. Figure I shows the points in the process of moral control at which moral self-censure can be disengaged from reprehensible conduct. The disengagement may centre on rede?ning harmful conduct as honourable by moral justi?cation, exonerating social comparison and sanitising language. It may focus on agency of action so that perpetrators can minimise their role in causing harm by diffusion and displacement of responsibility. It may involve minimising or distorting the harm that ?ows from detrimental actions; and the disengagement may include dehumanising and blaming the victims of the maltreatment. The sections that follow analyse how each of these types of moral disengage? ment function in the perpetration of inhumanities. Selective Moral Disengagement 103 Moral justification Minimising, ignoring, Dehumanlsation Palliative comparison or misconstruing Attribution Euphemistic labelling the consequences of blame Reprehensible Detrimental Victim conduct effects Displacement of responsibility Diffusion of responsibility FIG. 1. Mechanism through which moral self-sanctions are selectively activated and disengaged from detrimental behaviour at different points in the Self-regulatory process (Bandura, 1986). Mora! justi?cation One set of disengagement practices operates on the reconstruction of the behaviOur itself. Peeple do not usually engage in harmful conduct until they have justi?ed, to themselves, the morality of their actions. In this process of moral justi?cation, pernicious conduct is made personally and socially acceptable by portraying it as serving socially worthy or moral purposes. People then can act on a moral imperative and preserve their view of themselves as moral agents while in?icting harm on others. Rapid radical shifts in destructive behaviour through moral justi?cation are mosr strikingly revealed in military pursuits. The conversion of socialised people into dedicated ?ghters is achieved not by altering their personality structures, aggressive drives or moral standards. Rather, it is accomplished by cognitively rede?ning the morality of killing so that it can be done free from self-censure. Through moral justi?cation of violent means, people see themselves as ?ghting ruthless oppressors, protecting their cherished values, preserving world peace, saving humanity from subjugation or honouring their country?s commitments. Moral justi?cations sanctify the violent means. Voltaire put it well when he said, ?Those who can make you believe absurdities, can make you commit atrocities.? . Over the centuries, much destructive conduct has been perpetrated by ordinary, decent people in the name of righteous ideologies, religious principles and national? istic imperatives (Rapoport 8: Alexander, 1982; Kramer, 1990; Reich, 1990). Adversaries sanctify their militant actions, but condemn those of their antagonists as barbarity masquerading under a mask of outrageous moral reasoning. Each side feels morally superior to the other. The politicisation of religion has a long-blooded history. In holy terror, perpe- trators twist theology so they see themselves as doing God?s will. Pope Urban launched the Crusades with the following impassioned moral proclamation: address those present, I proclaim it, to those absent. Christ commands it. For all 104 A. Bandura those going thither, there will be remission of sins if they come to the end of this fettered life.? He then dehumanises and beastialises the Muslim enemies: ?What a disgrace if a race so despicable, degenerate, and enslaved by demons, should overcome a people endowed with faith in Almighty God and resplendent in the name of Christ! Let those who once fought against brothers and relatives now rightfully ?ght against the barbarians under the guidance of the Lord.? Islamic extremists mount their jihad, construed as sel?defence against tyranni- cal, decadent in?dels who despoil and seek to enslave the Muslim world. Bin Laden enobled his global terrorism as serving a holy imperative. ?We will continue this course because it is part of our religion and because Allah, praise and glory be to him, ordered us to carry out jihad so that the word of Allah may remain exalted to the heights.? Through the jihad they are carrying out Allah?s will as a ?religious duty?. The prime agency for the holy terror is displaced to Allah. Bin 'Laden beastialises the American enemy as ?lowly people? perp etrating acts that ?the most ravenous of animals would not descend to?. Terrorism is sanitised as ?The winds of faith have come? to eradicate the ?debauched? oppressors. His followers see themselves as holy warriors who gain a blessed eternal life through their Rabin?s assassin was similarly acting on a divine mandate using the rabbinical pursuer?s decree as moral justi?cation. Those who give over their people and land to the enemy must be killed. As he explained the killing to prevent transfer of land to Palestinian control: ?Maybe physically, I acted alone but what pulled the trigger was not only my ?nger but the ?nger of this whole nation which, for 2,000 years, yearned for this land and dreamed of it.? Paul Hill, the Presbyterian minister, also justi?ed the killing of a doctor and his elderly assistant outside the abortion clinic as carrying out God?s will: ?God?s law positively requires us to defend helpless people. God has used people, who are willing to die for their cause to save human life. I?m Willing to do that.? Euphcmisrz'c Labelling Language shapes thought patterns on which actions are based. Activities can take on different appearances depending on what they are called. Euphemistic language is used widely to make harmful conduct respectable and to reduce personal responsi- bility for it (Lutz, 1987). Euphemising is an injurious weapon. People behave much more cruelly when assaultive actions are given a sanitised label than when they are called aggression (Diener at al., 1975). In an insightful analysis of the language of non?responsibility, Gambino (1973) identi?ed the different varieties of euphemisms. One form relies on sanizisz'ng language. Through the power of sanitised language, even killing a human being loses much of its repugnancy. Soldiers ?waste? people rather than kill them. Bombing missions are described as ?servicing the target?, in the likeness of a public utility. The attacks become ?clean, surgical strikes?, arousing imagery of curative activities. The civilians the bombs lcill are linguistically converted to ?collateral damage?. In an effort to sanitise State executions, a United States senator proclaimed that, ?Capital punishment is our society?s recognition of the sanctity of human life-? Selective oral Dismgagemem 105 This memorable verbal sanitisation won him the uncoveted, their-place award in the national Doublespeak competition. Sanitising euphemisms are also used extensively in unpleasant activities that people perform from time to time. In the language of some government agencies, people are not ?red, they are given a ?career alternative enhancement? as though they were receiving a promotion. Being disfellowshipped is getting oneself ?red by the Baptists- In the Watergate hearings, lies became ?a different version of the facts?. An ?involuntary conversion of a 727? is a plain old airplane crash. The television industry produces and markets some of the most brutal forms of human cruelty under the sanitised labels of ?action and adventure? pregramming. The nuclear power industry has created its own Specialised set of euphemisms for the injurious effects of nuclear mishaps- An explosion becomes an ?energetic disassembly?, and a reactor accident is a ?normal aberration?. The agendas: passive voice serves as another exonerative tool. It creates the appearance that reprehensible acts are the work of nameless forces, rather then people (Bolinger, 1982)- It is as though people are moved mechanically but are not really the agents of their own acts. Even inanimate objects are sometimes turned into agents. Here is a driver explaining to police how he managed to demolish a telephone pole, ?The telephone pole was approaching. I was attempting to swerve out of its way, when it struck my front end.? The specialised jargon of a legitimate enterprise is also misused to lend re- specrability to an illegitimate one. In the vocabulary of the law breakers in Nixon?s administration, criminal conspiracy became a ?game plan?, and the conspirators were ?team players?, like the best of sportsmen. They elevated word corruption to new heights in the service of criminal conduct. Advanmgeous Comparison How behaviour is viewed is coloured by what it is compared against. By eXploiting the contrast principle reprehensible acts can be made righteous. Terrorists see their behaviour as acts of sel?ess by comparing them with widespread cru- elties in?icted on the people with whom they identify (Bandura, 1990). The more ?agrant the contrasting inhumanities, the more likely it is that one?s owo destructive conduct will appear benevolent. For example, the massive destruction in Vietnam was minimised by portraying the American military intervention as saving the populace from Communist enslavement. Expedient historical comparison also serves self-exonerating purposes- Apologists for the lawlessness of political ?gures they support point to transgressions by rival administrations as vindications. Adapters of violent means are quick to point out that democracies, such as those of France and the United States, were achieved through violence against oppressive rule. Exonerating comparison relies heavily on moral justi?cation by utilitarian standards. The task of making violence morally acceptable from a utilitarian per- spective is facilitated by two sets of judgements. First, non?violent options are ?06 A. Bandw'a judged to be ineffective to achieve desired changes. This removes them from consideration. Secondly, utilitarian analyses af?rm that one?s injurious actions will prevent more human suffering than they cause. The utilitarian calculus is quite slippery in speci?c applications, however. The future contains many uncertainties and human judgement is subject to a lot of biases. As a result, calculations of long-term human costs and bene?ts are often suspect. There is much subjectivity in estimating the gravity of potential threats. Cognitive restructuring of harmful conduct through moral justi?cations, sanitis- ing language and exonerating comparisons is the most effecrive set of mechanisms for disengaging moral control. Investing harmful conduct with high moral purpose not only eliminates self-censure so destructive acts can be performed without personal distress and moral questions. Sancti?cation engages self-approval in the service of destructive exploits. What was once morally condemnable becomes a source of self-valuation. Functionaries work hard to become pro?cient at them and take pride in their destructive accomplishments. Displacement of Responsibility Moral control Operates most strongly when people acknowledge that they are contributors to harmful outcomes. The second set of disengagement practises operates by obscuring or minimising the agentive role in the harm one causes. People will behave in ways they normally repudiate if a legitimate authority accepts responsibility for the effects of their conduct (Milgram, 1974; Diener, 1977). Under displaced they view their actions as Stemming from the dictates of authorities rather than being personally responsible for them. Because they are not the actual agent of their actions, they are spared self-condemning reactions. Self-exemption from gross inhumanities by displacement of responsibility is revealed most gruesomely in socially sanctioned mass executions. Nazi prison commandants and their Staffs divested themselves of personal responsibility for their unprecedented inhumanities (Andrus, 1969). They claimed they were simply carry- ing out orders- Self-exonerating obedience to horri?c orders is similarly evident in military atrocities, such as the My Lai massacre (Kelman, 1973). In studies of disengagement of moral control by displacement of responsibility, authorities explicitly authorise injurious actions andhold themselves responsible for the harm caused by their followers. For example, Milgram (1974) induced people to escalate their level of punitiveness by comma-riding them to do so and telling them that he took full responsibility for the consequences of their actions. The greater the legitimisation and closeness of authority issuing injurious com? mands, the higher the obedient aggression. The sanctioning of pernicious conduct in everyday life differs in two important ways from Milgram?s authorising sysrem. Responsibility is rarely assumed that openly- Only obtuse authorities would leave themselves accusable of authorising destructive acts. They usually invite and support harmful conduct in insidious ways by surreptitious sanctioning sysrems for personal and social reasons. Sanctioning by indirection shields them from social condemnation should things go awry. It also Selective More! Disengagement 107 enables them to protect against loss of for authorising human cruelty that leaves blood on their hands. Authorities act in ways that keep themselves intentionally uninformed. As a Secretary of State insrructed a presidential adviser in the Iran affair, ?JuSt tell me What I need to know?. Authorities do not go looking for evidence of wrongdoing. Obvious questions that would reveal incriminating information remain unasked, so that of?cials do not ?nd out what they do not want to know. Implicit agreements and insulating social arrangements are created that leave the higher echelons unblamable. When harmful practices are publicised, they are of?cially dismissed as Only isolated incidents arising from misunderstanding of what had been authorised- Efforts are made to limit any blame to subordinates, who are portrayed as misguided or overzealous. Investigators who go looking for evident incriminating records of authorisation display naivet? about the insidious ways that pernicious practices are sanctioned and carried out. One ?nds arrangements of non-responsibility rather than incriminating traces of smoking guns. There is another basic difference in the authorising system from the one created by Milgram. Perpetration of inhumanities requires obedient functionaries- They do not cast off all responsibility for their behaviour as if they were mindless extensions of others. If they disowned all responsibility, they would be quite unreliable, performing their duties only when commanded to do so. It requires a strong sense of responsibility to be a good functionary. One must, therefore, distinguish between two levels of responsibility: a strong sense of duty to one?s superiors, and account- ability for the effects of one?s actions- The best functionaries are those who honour their obligations to authorities but feel no personal responsibility for the harm they cause. Goldhagen (1996) builds a Strong case that many of the perpetrators in the German genocide infantry were more than willing executioners. Cultural hatreds create low thresholds for the disengagement of moral selfasanctions. Inhumanities toward human beings cast in disliked categories become not only permissible but righteous. Di??usion of Responsibility The exercise of moral control is also weakened when personal agency is obscured by diffusing responsibility for detrimental behaviour. Kelman (1973) documents the different ways in which personal agency gets obscured by social diffusion of re- sponsibility. Responsibility can be diffused by division of labour. Subdivided tasks seem harmless in themselves. People shift their attention from the meaning of what they are doing to the details of their Speci?c job. Group decision-making is another common pracrice that enables otherwise considerate people to behave inhumanely. Where everyone is responsible no one really feels reaponsible- Collective action, which provides anonymity, is still another expedient for weakening moral control. Any harm done by a group can always be attributed largely to the behaviour of others. People acr more cruelly under group 108 A. Bandura responsibility than when they hold themselves personally accountable for their actions (Bandura et (11., 1975; Zimbardo, 1995). Disregard or Distortion of Consequences To be able to perpetrate inhumanities requires more than absoiving personal responsibility. Other ways of weakening moral control Operate by minimising, disregarding or distorting the effects of one?s action. When people pursue activities that harm others, they avoid facing the harm they cause or minimise it. If minimisa- tion does not work, the evidence of harm can be discredited. As long as the harmful results of one?s conduct are ignored, minimised, dietorted or disbelieved there is little reason for self-censure to be activated. It is easier to harm others when their suffering is not- visible and when destructive actions are physically and temporally remote from their injurious effects. Our death technologies have become highly lethal and depersonalisedfaceless electronic warfare, in which mass destruction is delivered remotely with deadly accuracy by computer and laser-controlled systems. When people can see and hear the suffering they cause, vicariously aroused distress and self-censure serve as self-restrainers (Bandura, 1992). In studies of obedient aggression, people are less compliant to the injurious commands of authorities as the victims? pain becomes more evident and personalised (Milgram, 1974). Even a high sense of personal responsibility for the effects of one?s actions is a weak restrainer of iniurious conduct when aggressors do not see the harm they inflict on their victims (Tilker, 1970). A Pulitzer Prize was awarded for a powerful photograph that captured the anguished cries of a little girl whose clothes were burned off by the napalm bombing of her village in Vietnam. This single humanisation of in?icred destruction probably did more to turn the American public against the war than the countless reports ?led by journalisrs. The military now bans cameras and journalists from battle?eld areas to block disturbing images of death and destruction that can erode public support for resolving international disputes by military means- Most organisations involve hierarchical chains of command in which superiors formulate plans and intermediaries transmit them to functionaries who then carry them out. The further removed individuals are from the destructive end results, the weaker is the restraining power of injurious effects. Disengagement of moral control is easiest for the intermediaries in a hierarchical system?they neither bear responsi- bility for the decisions nor do they carry them out and face the harm being in?icted (Kilham Mann, 1974). Dehumamlsazion The ?nal set of disengagement practices operates on the recipients of detrimental acts. The strength of moral self-cenSure depends on how the perpetrators regard the people they mistreat. To perceive another as human activates empathetic reactions through perceived similarity (Bandura, I992). The joys and suffering of those with Selectioe Moral Disengagement 109 whom one identi?es are more vicariously arousing than are those of strangers or those divesred of human qualities. It is dif?cult to mistreat humanised people without risking personal distress and self-condemnation. Self-censure for cruel conduct can be disengaged or blunted by stripping peeple of human qualities. Once dehumanised, they are no longer viewed as persons with feelings, hopes and concerns but as sub-human objects. They are portrayed as mindless ?savages?, ?gooks? and other despicable wretches (Ivie, 19805 Keen, 1986). If disp ossessing one?s foes of humanness does not weaken self~censure, it can be eliminated by attributing demonic or bestial qualities to them. They become ?satanic ?ends?, ?degenerates? and other bestial creatures. It is easier to brutalise peOple when they are viewed as low animal forms, as when Greek torturers referred to their victims as ?worms? (Gibson Haritos?Fatouros, 1986). During wartime, nations cast their enemies in the most dehumanised, demonic and bestial images to make it easier to kill them. In studies of the perniciousness of dehumanisation, peeple who are given punitive power treat dehumanised individuals more ruthlessly than those who have been invested with human qualities (Bandura et (21., 1975). Combining diffused responsibility with dehumanisation greatly escalates the level of punitiveness. The combined effect of personalising reSponsibility and humanising others together has powerful self-restraining effect. The process of dehumanisation is an essential ingredient in the perpetration of inhumanities. Primo Levi (1989) asked a Nazi camp commandant why they went to extreme to degrade their victims, Whom they were going to kill anyway. The commandant chillingly explained that it was not a matter of purposeless cruelty. The victims had to be degraded to subhuman objects so that those who operated the gas chambers would be less burdened by distress. Many conditions of contemporary life are conducive to impersonalisation and dehumanisation (Bernard er al., 1965). Bureaucratisation, automation, urbanisation and high mobility lead peOple to relate to each other in anonymous, impersonal ways. In addition, social practises that divide people into ingroup and outgroup members produce human estrangement that foeters dehumanisation. Strangers can be more easily depersonalised than can acquaintances. The ?ndings from research on moral disengagement are in accord with the historical chronicle of human atrocities. It requires conducive social conditions rather than monstrous people to produce atrocious deeds. Given appropriate social conditions, decent, ordinary peeple can do extraordinarily cruel things. Power of Harmonisation research tends to emphasise how easy it is to bring out the worst in people through dehumanisation and other self-exonerating means. The sensational negative ?ndings receive the greatest attention. For example, Milgram?s (1974) research on obedient aggression is cited widely as evidence that good people can be talked into performing cruel deeds. What is rarely noted is the equally striking evidence that most people refuse to behave cruelly, even with strong authoritarian 110 A. Bandum commands, toward humanised others (Bandura at (21., 1975), and when they have to in?ict pain directly rather than remotely (Milgram, 1974). The emphasis on obedient aggression is understandable considering the preva- lence of people?s inhumanities to one another; but the power of humanisation to counteract cruel conduct also has important social implications. The af?rmation of common humanity can bring out the best in others. Ann'bmion of Blame Blaming one?s adversaries or circumstances is another expedient that serves self-exonerating purposes. People view themselves as faultless victims driven to injurious conduct by forcible provocation. Violent conduct becomes a justi?able defensive reaction to belligerent provocations. Victims get blamed for bringing suffering on themselves. Self~exoneration is also achievable by viewing one?s harmful conduct as forced by compelling circumstances rather than as a personal decision. By ?xing the blame on others or on compelling circumstances one?s own injurious actions are excusable but one can even feel selfarighteous in the process. Justi?ed abuse can have more devastating human consequences than acknowl- edged cruelty. Mistreatment that is not clothed in righteousness makes the perpetra- tor rather than the victim blameworthy; but when victims are convincingly blamed for their plight, they may eventually come to believe the degrading characterisations of themselves (Hallie, 1971). Exonerated inhumanity is, thus, more likely to instill self-contempt in victims than inhumanity that does not attempt to justify itself. Seeing victims suffer maltreatment for which they are held partially responsible leads observers to derogate them (Lerner Miller, 1978). The devaluation and indigna- tion aroused by ascribed culpability provides further moral justi?cation for even greater maltreatment. Tramformative Power of Progressive Moral Disengagemenz Disengagement practises will not insrantly transform considerate people into cruel ones. Rather, the change is achieved by progressive disengagement of self-censure. Initially, individuals perform mildly harmful acts they can tolerate with some. discomfort. After their self-reproof has been diminished through repeated enact? merits, the level of ruthlessness increases, until eventually acts originally regarded as abhorrent can be performed with little anguish or self?censure. Inhumane practices become thoughtlessly routinised. The continuing interplay between moral thought, affect, action and its social reception is personally transformative. People may not even recognise the changes they have undergone as a moral self. The transformative power of progressive moral disengagement is illustrated by a prison guard, who assisted in the execution of convicts by gassing. Putting people to death requires subdivision of the task to get someone to do it. The guard?s role was limited to strapping the legs to the death chair. This spared him the image of executioner, never pulled the trigger. I wasn?t the executioner?, he explained. Executioners require heavy uSe of euphemisms as well. The guard received $35 Selecn'oe Moral Disengagemem 111 extra for each execution. In a linguistic rechristening of deathly gassing as benevol- ent caring he remarked ?That was a lot of money for baby~sitting?. He described the changes he had undergone over the course of 126 executions as follows: ?It never bothered me when I was down at their legs strapping them in. But after I?d get home, I?d think about it. But then it would go away. And then, at last, it was just another job.? Under certain conditions, the exercise of institutional power changes the powerholders in ways that are conducive to dehumanisation. This typically occurs when authorities have coercive power over others and adequate safeguards for constraining the behaviour of powerholders are lacking. Powerholders come to devalue those over whom they wield control and have little desire to associate with them (Kipnis, 1974). In a simulated prison experiment (Haney at all, 1973), even college students who had been chosen randomly to serve as either inmates or guards given unilateral power began to treat their charges in degrading, tyrannical ways as guards. Sprinzak (1986, 1990) has shown that terrorists, whether on the political left or right, evolve gradually rather than set out to become radicals- The process of radicalisation involves a gradual disengagement of moral self-sanctions from violent conduct- It begins with prosocial efforts to change particular social policies and opposition to of?cials who are intent on keeping things as they are. Embittering failures to accomplish social change and hostile confrontations with authorities and police lead to growing disillusionment and alienation from the whole system. Escalative battles culminate in terrorists? efforts to destroy the system and its dehumanised rulers. Dual Nature of Moral Agency The exercise of moral agency has dual and proactive (Bandura, 1999). The inhibitive form, is manifested in the power to refrain from behaving inhumanely. The proactive form of morality is expressed in the power to behave humanely. In this higher-order morality, people do good things as well as refrain from doing bad things. Rorty?s (1993) analysis of the moral self in terms of a social-practice morality is another example of a theory that highlights proactive morality rooted in social obligation rather than just the morality of inhibition- The My Lai massacre graphically illustrates the dual aspects of moral agency (Zganjar, 1998). An American platoon, led by Lt Galley, massacred 500 Vietnamese women, children and elderly men. Insightful analyses have documented how moral self?sanctions were disengaged from the brutal conduct (Kelman Hamilton, 1989) A ceremony, 30 years in coming, was recently held at the Vietnam Veteran?s Memorial honouring extraordinary heroism of prosocial morality. The moral c0ur~ age that was honoured, testi?es to proactive morality through the remarkable power of humanisation. Thompson, a young helic0pter pilot, swooped down over the village of My Lai on a search and destroy mission as the massacre was occurring. He Spotted an injured girl, marked the spot with a smoke signal, and radioed for help. 112 A. Bandum Much to his horror, he saw a soldier flip her over and spray her with a round of ?re. Upon seeing the human carnage in an irrigation ditch and soldiers ?ring into the bodies he realised that he was in the midst of a massacre. He was moved to moral action by the sight of a terri?ed woman with a baby in her arms and a frightened child clinging to her leg. He explained his sense of common humanity, ?These people were looking at me for help and there is no way I could turn my back on them?. He told a platoon of?cer to help him remove the remaining villagers. The of?cer replied, ?The only help they?ll get, is a hand grenade?. Thompson moved his helicopter in the line of ?re and commanded his gunner to ?re on his approaching if they tried to harm the family- He radioed the accompanying gunships for help and together they airlifted the remaining dozen villagers to safety- He ?ew back to the irrigation ditch where they found and rescued a 2-year-old boy still clinging to his dead mother. Thompson described his empathetic human linkage: had a son at home about the same age?. Social emphasises the power of the situation over the individual. In the case of proactive moral courage, the individual triumphs as a moral agent over compelling situational forces. Such moral heroism is mosr srrikingly documented in Holocaust rescuers who risked their lives under grave risks to save persecuted Jews from the death camps {Oliner Oliner, 1988; Stein, 1988). The rescuers had no prior acquaintance with them and had nothing material or social to gain by doing so. Humanisation can rouse empathic sentiments and a strong sense of social obligation linked to evaluative self-sanctions that motivate humane actions on others? behalf at sacri?ce of one?s self-interest or even at one?s own peril (Bandura, 1986). The rescuers viewed their behaviour as a human duty, rather than as extraordinary acts of heroism. Conjoint Operation of Disengagement Mechanisms The analysis thus far Speci?ed how the various mechanisms of moral disengagement operate individually to disengage moral self~sanctions. In the transactions of every- day life they operate together to promote inhumanities. This is well illustrated in an American weapons dealer named Terpil (Thomas, 1982). He supplied despots with weapons, assassination equipment and the latest in terrorist technOIOgy. This case is especially informative because it reveals that those who trade in human destruction do not do it by themselves. They depend heavily on the collective moral disengage- ment of reputable people managing respectable enterprises- Ter?pil became a weapons merchant after he fell from grace at the Central Intelligence Agency. He masked his death operations in the euphemisms of a legitimate business ful?lling ?consumer needs?, under the sanitised name, ?Intercontinental Technology?. To spare himself any self-censure for contributing to human atrocities, he avoided knowledge of the purposes to which his weapons would be put. don?t ever want to know that?, he said. When asked whether he was ever haunted by any Selective Moral Disengagemenr 113 thoughts about the suffering his deathly wares might cause, he explained that a weapons dealer cannot afford to think about human consequences, ?If I really thought about the consequences all the time I certainly wouldn?t have been in this business. You have to blank it Probes for any signs of self~reproach, only brought self-exonerative compari- sons. When asked if he felt any qualms about supplying torture equipment to Idi Amin, Terpil replied with justi?cation by advantageous comparison. As he put it, ?I?m sure that the people from Dow Chemical didn?t think of the consequences of selling napalm. If they did, they wouldn?t be working at the factory. I doubt very much if they?d feel any more responsible for the ultimate use than I did for my equipment.? When pressed about the atrocities committed at Amin?s torture chambers, Terpil repeated his depersonalisecl view, do not get wrapped up emotionally with the country. I regard myself basically?as neutral, and commercial.? To give legiti- macy to his ?private practice?, he claimed that he aided British and American covert operations abroad as well. What began as a analysis of the operator of a death industry ended in an international network of supporting legitimate enterprises run by upright folks. The merchandising of terrorism is not accomplished by a few unsavory individuals. It requires a worldwide network of reputable, high-level members of society who contribute to the deathly enterprise by fractionating the operation and diffusion of responsibility. One group manufactures the tools of destruction. Others amass the arsenals for legitimate sale. Others operate storage centres for them. Others procure export and import licences to move the deathly wares among different countries. Others obtain spurious end~user certificates that get the weaponry to embargoed nations through circuitous routes. Still others ship the lethal wares. And banks do a brisk business in laundered money. The cogs in this worldwide network include weapons manufacturers, former government of?cials with political ties, err?diplomatic, military and intelligence of?cers who provide valuable skills and contacts, weapons merchants and shippers operating legitimate businesses and bankers. By fractionating the enterprise, the contributors see themselves as decent, legitimate practitioners of their trade rather than as parties to a deathly operation. Even producers of the television program 60 Minutes contributed to Frank Terpil?s coffers {San Francisco Chronicle, 1983). Terpli skipped bail to a foreign sanctuary after he was caught selling assassination equipment to an undercover FBI agent. He was tried in absentia. The District Attorney confronted the lead reporter of the programme about a payment of 812,000 to an intermediary for an interview with the fugitive, Terpil. The reporter pleaded innocence through various disengage- ment manoeuvres. Edmund Burke?s aphorism that, ?The only thing necessary for the triumph of . evil is for good men to do nothing? needs a companion adage under our technolog~ ically specialised realities: ?The triumph of evil requires a lot of good people, doing a bit of it, in a morally disengaged way, with indifference to the human suffering they collectively cause.? 114 A- Bandura Disengagement in Everyday Life Metal disengagement mechanisms have been examined most extensively in military, and political violence. Such mechanisms do heavy duty in everyday situations in which decent people perform activities that bring them pro?ts and other bene?ts at injurious costs to others. Self~exonerations are used to neutralise self~censure and to preserve selfwesteem. Some industries cause harmful effects on a large scale. They resort to public-spirited vindications. . The products of the tobacco industry kill about 450,000 Americans annually (McGinn-is Foege, 1993). The aggressive marketing of cigarettes worldwide will produce a global epidemic of lung cancer killing millions. For years the tobacco industry disputed the view that nicotine is addictive and that smoking is a major contributor to lung cancer. The vast supporting cast contributing to the promotion of this deadly product include talented chemists discovering ammonia as a means to increase the nicotine ?kick? by speeding the body?s absorption of nicotine (Meier, 19983); inventive biotech researchers genetically engineering a tobacco seed that doubles the addictive nicotine content of tobacco plants creative advertisers targeting young age groups with merchandising and advertising schemes depicting smoking as a sign of youthful hipness, modernity, freedom and women?s liberation 8: Bonnie, Dedman, 1998); ingenious of?cials in a subsidiary of a major tobacco company engaging in an elaborate international cigarette smuggling operation to evade excise taxes (Drew, popular movie actors agreeing to smoke in their movies for a hefty fee; legislators with bountiful tobacco campaign contributions exempting nicotine from drug legislation even though it is the most addictive substance and passing preemption lav/s that block states from regulating tobacco products and their advertising (Public Citizen Health Research Group, 1993; Bonnie, 1994); United States trade representatives threatening sanctions against countries that erect barriers against the importation of US cigarettes, and even a President ?ring his cabinet member presiding over the Department of Health, Education and Welfare for refusing to back off on the regulation of tobacco products. As indicated in the above examples and other analyses of industry-wide collective moral disengagement (Bandura, 1973; Bandura er al., 2000), injurious corporate practices require a large network of otherwise considerate people perform~ ing jobs drawing on their expertise and social in?uence in the service of a detrimen- tal enterprise. Moral disengagement is an active player in daily life. Institutionalised discrimi- nation of devalued subgroups in societies takes a heaVy toll on its victims. It requires social justi?cation, attributions of blame, dehumanisation, impersonalised agencies to carry out the discriminatory practices and inattention to the injurious effects they cause. Ideologies of male domination, dehumanisation, ascription of blame and distortion of injurious consequences play a heavy role in sexual abuse of women (Burt, 1980; Bandura, 1986; Sanday, 1997). We are currently extending our research to the role of moral disengagement in criminal pursuits, use of military force, capital punishment, child abuse and support of inequities that impoverish and demoralise the less advantaged members of affluent societies. Selective oral Disengagemenz 115 Impact of Moral Disengagemenr on Developmental Life Course: Advances in the measurement of moral disengagement hold the promise of advanc~ ing understanding of how the disengagement aspect of morality develops and influences the courses lives take. Longitudinal analyses reveal that moral disengage- ment is already Operating even in the early years of life (Bandura et aL, 1996). It contributes to social discordance in ways that are likely to lead down dissocial paths. High moral disengagers experience low guilt over iniurious conduct. They are less prosocial. They are quick to resort to aggression and transgressive conduct. Gender differences in moral disengagement do not exist in the earlier years, but before long boys become more facile moral disengagers than do girls. Moral deveIOpment has typically been studied in terms of abstract principles of morality and measured under decontextualised and depersonalised circum- stances. Adolescents who differ widely in delinquent conduct do not differ in absrract moral values (Elliott 8: Rinehart, 1995). Almost everyone is virtuous at the abstract level. It is in the ease of moral disengagement under the conditionals of life where the differences lie. Facile moral disengagers diSplay higher levels of violence than those who bring moral self~reactions to bear on their conduct. This is true regardless of age, sex, race, ethnicity, socioeconomic level and religious af?liation. Moral engagement against destructive means can be enhanced in children by peer modelling and espousal of peaceable solutions to human con?icts (McAlister er al., 1999). Reciprocal Inmplay of Personal and Social Sanctions Moral agency is socially situated and exercised in particularised ways depending on the life conditions under which people transact their affairs. Social cognitive theory, therefore, adopts an interactionist perspective to morality. Moral actions are the products of the reciprocal interplay of personal and social influences. Con?icts arise between self sanctions and social sanctions when individuals are punished socially for courses of action they regard as right and just. Principled dissenters and non-conformists often ?nd themselves in this predicament. Some sacri?ce their welfare for their convictions. People also commonly experience con?icts in which they are socially pressured to engage in conduct that violates their moral standards Responses to such moral dilemmas are determined by the relative strength of self sanctions and social sanctions and the conditional application of moral standards. Socio-structural theories and theories are often regarded as rival conceptions of human behaviour or as representing different levels of causation. Human behaviour cannot be understood fully solely in terms of social structural factors or factors. Social cognitive theory rejects a dualism between social structure and personal agency (Bandura, 1986, 1997). Socio-structural in?uences affect action via self?regulatory mechanisms operating through a set of sub-functions. Neither situational imperatives (Milgram, 1974) nor vile dispositions (Gillespie, 1971) provide a wholly adequate explanation of human malevolence. 116 A. Bandum In social cognitive theory, both socio-struCtura] and personal determinants operate interdependently Within a uni?ed causal structure in the perpetration of inhumanities. Some of the moral disengagement practices, such as diffusion and displace- ment of re8p0nsibility, are built into the organisational and authority structures of societal systems. The ideological orientations of 50cieties shape the form of moral justi?cations, sanction detrimental practices and in?uence who gets cast into devalued groups. These socio-structural practices create conditions conducive to moral disengagement, but people are producers as well as products of social systems. They have the agentic capabilities to change the nature of their social systems. Concluding Remarks The massive threats to human welfare stem mainly from deliberate acts of principle, rather than from unrestrained acts of impulse. As C. P. Sn0w insightfully observed, ?More hideous crimes have been committed in the name of obedience, than in the name of rebellion.? Principled resort to destructiveness is of greatest social concern but, ironically, it is the most ignored in analyses of people?s inhuman? ities toward each 'other. Given many devices for disengaging moral control, societies cannot rely entirely on individuals, however righteous their moral standards, to provide safeguards against human cruelty. Civilised life requires, in addition to humane personal codes, social systems that uphold compassionate behaviour and renounce cruelty. Monolithic political systems, that exercise tight control over communication systems can more easily promote moral disengagement, than pluralistic systems that represent diverse perspectives, interests and concerns. Political diversity, and tolerance of dissent allow challenges to suspecr moral appeals. Healthy scepticism toward moral pretensions puts a further check on the misuse of morality for inhumane purposes- To function humanely, societies must establish effective social safeguards against the misuse of institutional power for exp-loitive and destructive purposes. It should be made dif?cult for people to remove humanity from their conduct. 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(1970) Socially rCSpODSible behavior as a function of observer reSpOnsibility and victim feedback, Journal of Personality and Social 14, pp. 95?100. ZGANIAR, L. (1998) Forgotten hero of Mai Lai to be honored after 30 years, San Francisco Chronicle, p. A9. ZIMBARDO, P.G. (1995) The of evil: 3 Situationist perspective on recruiting good people to engage in anti-social acm, Research in Social 1 I, pp. 125-133. Scott, Ronald From: Scan. Ronald Sent: Manda Au ust22 20114'47 PM To: Cc: #un erg mam Subject: Re Your OCR Complalnt (OCR Case No 0271172094] near-- 1, along with my colleague Miriam Nunberg, wanted to provldt' you with a stains update regarding your OCR complaint. Specifically, we wanted to let you know that we have conducted witness interviews, and have more witness intervie- acht'duled in the coming In addiilmn, we have revmweil relevant documentation submitted by the University. While we cannot divulge which University staff members we havc spoken tit, Ms Nunherg and are happy to d' with you the University 5 general position with respeci to the uIlugutiuns we tire currently investigating in addition, at this point in the Investigation, we think it would be helpiul it we spoke to-- If this is okay with you, could you please provide her Contact information (telephone number and/or email address). As always, should you havo any quoshuns or cuncems, please feel tree tn Contact us Thank you, Sincerely, RONALD L. Scorn ATTORNEV Deminwem or ounce cw". mews 32 OLD 5m. 26'" FLOOR SQUARE NEW Vow. NY 10005 (646) 4253520 FAX (646142873843 Emu. @Mi NUNEERG, ATTORNEY 5. DEPARTMENT or Eoucmcm FOR RIGHTS 32 OLD SUP. 26H FLOOR SQUARE NEW YORK NY PHONE (646) 4283830 (646) 4263843 Scott, Ronald From: Nunberg, Mlnam Sent: Wednesday, May 11 2011 1031 AM To: Scott. Ronald Subject: FW My building tampered urree medical bills From Sent: Tuesday, May 10, 2011 8:33 PM To: Nunberg, eriam subject My bullding tampered with three medical Iknow I don'K need to tell you about each piece of mail lost, but ljust received a call from Bell! Israel Hospital informing me Ihat I had not payed my bill from a Vlsit there in March I asked if they mailed me a bill, they said that the mailed the hill [0 me Lhree times. I never received any of the copies of the bill. meaning that they 3 medical bills. Luckily the hospital was Very nice about it and did n0! fine me anything. I figured this was extremely nolable. so [wanted to iel] you. Thank you! Scott. Ronald From: Nunberg' Mlflam Sam: Wednesday, May 04, 2011 1 55 PM To: Scott Ronaid Subject: FW update Sent. Tuesday, May 03, 2011 9.23 PM To: Nunbetg, Miriam Subject: Re: update 1 discmered this all Friday night they would not tell me why they weren't put in the package to My building knows that 1 am reporting things to higher ups so they keep a lot of int'nrmatkm from me. like why my stuff \Aztsn'l in the package log. From "Nunber Miriam To a . cott Ronaid" Sent- Tuesday May 3, 2011 5 54 PM Subject: Re update Thank you One more questian 7 did anyone say why they didn't report it? Do you know when these things happened7 Sorry to keep asking you additlonal questions -- we just need to make sure we have ali the necessary Informatton MInamA Nunberg Stafl Attorney us Department at Education ornce tor own Rights 32 Oid 8in 26th floor New Vork NY 10005 646-428-3830 (voice) 546.422.3243 (fax) miriam ntmber ed Tod Nunberg Miriam Subject: Re update They did. Someone decided [0 put my stuff off to the side and not put it in [he packag lug. so to gel the stut'tthis ht now" and get angry before they did anything, it took 2 days to get. but it would have taken longer i I did nm get angry and tell them to fix it that night. That information is hard for me to find since I do not have access to that information except from word of mouth. I could not get any women to tell me that they were sexually assaulted and the school did not put in the crime stats because the women at the event didn't repon their cases to the school for different reasons. To find out about how the school doesn't report stut' the crime statistics someone from your office would need to do an investigation on it since the school keeps that stuft'top secret. Thanks! Sent: Tuesday, May 3. 2011 3 35 PM Subject: Re update Thank you tor your message Just to clarity the mallroom ever two the gift cards and the books? If so, how long It lake? Also, were you able lo find any more lnlormatton about assaults that the School did not report? Thank you, Mlnam A Nunberg Start Attorney us Department or Educatton Office for Rights 32 Old Sltp. 26th floor New York. NY10005 646-428-3530 (voice) 646-428-3843 (fax) mtrlam nunberg@ed gov From Sent: ues ay, ay03.20112'46 PM To: Nunberg, Miriam Subject update Ok so in my building to get a package it needs to be In this book called the package log. All packages should be put into the package log within a day of arriving to the building. In order to get a package it must be in the package lug, if it is in the mailmom bill not in the log then they will not give it In the person. I discovered the other night that they weren't putting my packages in my package log within a timely manner. For example I had two packages that spent a couple ot'days in the mail room but were not put into the package log and were the only packages not in the log, This proves to me that it is something on purpose. I only found out this after the mailroum lost almost $300 worth of gift cards and two books I need to Write final papers, and demanded that they find that stut'ftl-izt night. Also that night my birth control was found. turns out they waited so long to put it in the package log that I just gave up on it. Scott, Ronald From: Nunberg' Miriam Sent: Tuesday May 03, 2011 4:33 PM To: Scott. Ronald Subject: FW update From Sent: Tuesday, May 03, 2011 4:05 PM To: Nunberg, Miriam Subject: Re: update [hey did. Someone decided to put my stut't'ot'l'to the side and not put it in the package log. so to gel the stufl"fix this right now" and get angry before they did anything It took 2 days to get. but il would have taken longer ifl did not get angry and tell them to fix it that night. That is hard for mt: to find since 1 do not have access to that information except from word of mouth. 1 could not get any women to tell me that they were sexually assaulted and the school did not put in the crime stats because the women at the event didn't report their cases to the school for dilTeren! reasons To find out about how the school doesn't report stuff to the crime statistics someone from your office would need to do an investigation on it since the school keeps that stuff lop secret. Thanks! "Nunber Miriam (Miriam Nunber ed ov> Cc 'Scott Ronald" sent Tuesday May a, 2011 3 35 PM Subject: Re update Thank you tor your message Just to clarify' did the mallroom ever find the gill cards and the books? ll so, how iong it take7 Also' were you able tofind any more Information about assaults that the School did not report7 Thank yuu' Miriain A Nunberg Staff Attorney us Department of Education othce lor civil 32 Old Sllp' 26th "our New Vaih NY10005 64642873630 (voice) 646-42 3843 (fax) miriam nunberg@ed gov uesday, May 03' 2011 . unberg' Miriam Subject: updale 0k so in my building to get a package it needs to he in this book called the package lug. All packages should be put into the package log within a day of arriving to the building. In order to get a package it musl be in the package lug, if it is in the mallmom but not in the log Ihcn they will not give it to the person, discovered the other night that they weren't putting my packages in my package log a timely manner. For example I had two packages that spent a couple ofdays in the mail mom, hut were not put into lhe package log and were the tmly packages nol in the log This proves It) Inc that it is something on purpose. 1 only found oul this afier the mailmom lost almost $300 worth ol'glfl cards and two books I need to write final papers, and demanded that they find that stuff that night. Also that night my birth control was found, tums out they waited so long to put it in the package log that I just gave up on it Scott, Ronald From: Nunberg, Miriam Sent: Tuesday, May 03, 2011 2:54 PM To: Scott, Ronald Subject: FW updaie . uesday, May 03, 2011 2:45 PM To: Nunherg, Miriam Subject: update Ok so in my building to get a package needs to he in this book called the package log All packages should be put into the package log within a day ufaniving to the building. In cider to get a package it must be in the package log, ifil is in the mailroom but not in Ihe log then Lhey will nut give ii. to the person, I discavered the other night that they weren't pulling my packages in my package log within a timely manner. For example I had two packages that spent a couple ofdays in the mail mm, but were nol put into the package 10g and were (he only packages not in the log, This proves to me that it is something on purpose. I only found out this afier the mailmom lost almost $300 wonh of gifi cards and two books I need 10 write final papers, and I demanded that they find lhai stuff that night. Also that night my birth control was found, turns out they waited so lung to put it in the package log that I just gave up on it. Scott, Ronald From: Nunberg. Mmam Sent: Tuesda A mm 2011 1031 AM To: Cc: Scour Ronald Subject: RE, Your omce for cw onmplaml Great 7 we will see you then We are on (he 26'" floor, and you need to stop at me desk in the lobby for them to ca" upstarrs Please make sure to bring with you any supportmg ducumematron that you we should see WRMM STAFF Arronrucy us Deennmem on oerrcg row CML Ru;an 32 ow SW 26TH noon NEW vow NY 10005 646428-3830 (you) 646 4253543 (rm MHqu Nurth may new mm_ Sen Tues ay,Ap 19,201110 1AM To: Nunbevg, Murram Subject: RE: Your Office for Civil Rugth complalnl Yeah I mean (hm day. I can go there Thanksl Sen! we DROID on Verizon Wireless messager~ From"'Nunberg Minam Sent: Tue, Apr 19' 2011 14 10.35 Subject: RE Your Office for own oomplamt Hr, Do you mean next Tuesday, the If so that is tine. And you are welcome to come here {we are near me Seaporu or do It oyerthe anone we can do eitner, just \et us know which rs easrer toryou Thank you, NUNBERG US FOR CIVII Hum 3? OLD SA W. 76TH FA OUR NEW VORK, NY '0005 64674?8v3830 (VOHZE) one 425 3843 Ax: mm mm Sent: Monday, April 13, 2011 5:51 PM To: Nunberg, Miriam Suhjem Re: Your Office for Civil Rights complaint Can I meet WIth you on Tuesday at 70 20am7 I am now super busy workan on finals until May 13th so my schedule is super crazy and that week Will be the craziest so I am limited on times that I can meet With you Thank you so muchl erg cred gov> "Nunberg, eriam" one to me gov Sent. Mon, April 1s, 20 PM Subject: Your Office for Civil Rights mmplaint Dear_ along With my colleague Ronald Scott (cc'd above)' are the attorneys assigned to the complaint you filed with our office on April 4, We would like to set up a time to speak WIth you regarding your allegations either over the phone or In our office In Lower Manhattan Please advise us of some tunes that work for you over the next week, ideally on Monday' Tuesday or Wednesday of next week (the week of April 25) We anticipate that our dlSCuSSlOl'l should take no more than an hour Thank you, Nunberg Staff Attorney us Department or Educatlon Office or cw Rights 32 Old 5le 26m floor New York, NY woos 646-428-3830 646742873843 (fax) mlnam nunberg @ed gov Soon, Ronald From: Nunberg' Mlnam SEMI Monda IN 18 2011 4 55 PM To: C0: Scan Ronald Sub} Cl: Your Office lor CVVII Righls complainl l, along my colleague Ronald 5mm abuve), are the anomeys assigned to the complaint you filed our office on April 4. We would like lo 55' up a time to speak with you regarding your allegations, either over the phone or in ourufflce Lower Manhauane Please advise us ofsome times that will work for you averthe next week, Ideally on Monday, Tuesday or Wednesday ofnext week (the week ulAprll 25), We anticipate that should take no more than an huur. Thank you, MIRIAM A. NUNEERG SYAFF ATTORNEY US DEPARTMENT OF OFFICE FOR RIGHTS 32 OLD SLIP. 26m moon NEW YORK. NY 10005 6464283830 (VOICE) 6464253843 (FAX) so_v RECORD OF COVTACT T0: File FROM: Miriam Nunherg and Ronald Scott. Compliance learn Attorne)s RE: _tthe Complatnaml v. the New School (02st er094) DATE: April 2011 cc interviewed the Complainant in person in ac 's offices at 32 Old Slip on the above--referenced date. We informed her of her rights to representation. to be free from retaliation and to have her identity protected under FERPA. She elected to proceed viitliout representation for purposes of the interview, We also informed her of OCR's processes and advised her that wt: could not scn'c as her for purposes ofthis or any other proceeding. in addition. she inquired as to whether her participation in the OCR complaint process precluded her from "going public," about her case. whether to the press or anywhere else, We told her that it did not. but stressed that it' she intendcd to tile in any other forum we would need to know. She indicated that slit: did not intend to filt: The Complainant also inquired about obtaining reimbursement for the cosl other dorm due to the {act thal She lived in a dorm that she considered to be unsafe for a period of time after she reported her allegation of sexual assault, We explained that in the event one or more (if her allegations were opened for investigation and OCR found a violation. remedies vary on a caserby-case basis and are considercd in collaboration with several office components. including the case team and our supervisor. The Complainant indicated that she understood this information We also asked her if she felt comfortable speaking with a male attorney and she said that she did. The following is it summary of our conversation. with questions in bold and the Complainant's answers below. Please describe the general circumstances oftht: assault that you referenced in your complaint. The assault took place in the Complainant's dormitory room on the night ofJaltuan 30. zott, It was perpetrated by a student who lived across the hall from her named --(Student I). The assault was not a rape. There were no witnesses, but the Complainant has what site describes as very "incriminating" teat messages sent to her by Student the momng after, in these messages. she referred to something happening the night before and the [act that she said no to it. and he didn't stop. Spe neatly. she recalled messages in which she told him "When i say no, mean no," and in which he responded. guess l'm too intense for you," or similar words to that client. The Complainant believed that these messages were incriminating since he did not deny what had happened \ohcn he wrote back. She said that there are 14 teat messages. which she gave to the School when she reptincd it. When did you report the incident? the morning after it happened. she went to look up the School's sexual a ault policy (tn the School's website tool edit) atrd there was none. She then told her friend --(Stutlent 2) about it, and Student 2 said that Student i did the same thing to her in Octoher 2010. hut stopped after she put him in a The Complainant sorted that Student 2's experience tias "just harassment." but Student 2 was afraid that in the future Student l's conduct could escalate further. Then the Complainant found out from the campus women's rights group that the sexual harassment policy cannot be round directly on the website (newschooledugoogle and search for it that way. Then she spoke about it with her women's rights professor. who told her to report it to Gene Punn De Leon. the Page 2 of 7 Complainant Interview Statement OCR Case No. 02-] 1-2094 April 26. 2011 Director for Student Rights and Responsibilities at the University (the Director). So on the Thursday after Valentine?s Day (2/17/l l) the Complainant reported it to the Director. What happened when you reported it? The Complainant stated that once she reported it, staff from the Director?s of?ce told her to tell the story so many times that it ended up traumatizing her. In particular. she told it to the crisis counselor there Maureen Sarandon - who made her tell it twice and they read it back to her twice. which was very traumatizing. The Complainant stated that the statement that they took is an accurate representation of the events, so she didn?t want to have to repeat the story again to us it was too hard for her. She indicated that the statement preparation took longer than one-half hour. The Complainant also gave the Director the text messages (via email), and said that these messages made it clear that something non-consensual happened the night before the messages were sent. Afterwards the Director asked her if she was afraid for her safety, and she said she was. They offered to move her out of her dormitory and she accepted. She said that she was going to ask to be moved had they not offered. They also told her that they would move Student 1 to another dorm, so she didn?t want to stay in her dorm while he was moving out. She asked them not to tell Student 1 that he was moving out until she moved out since she didn?t want to encounter him in the elevator. In order to move her quickly, the University gave her a temporary place to live. and very little time to pack. She had to leave most of her belongings at her original dorm room, since she had to wait until Student I moved out to get it all. The Complainant moved out the night of the Thursday that she reported it, then went back Saturday to get bedding and clothing for a week. She kept the rest of her stuff there until they moved her into permanent housing at the end of the week. The school offered to pay for a cab to help her move, but she didn?t want to take a cab. so they gave her a rolling bin that she could use to transport her things between the two dorms. Were you satis?ed with this response? The Complainant stated that the problem with the response was that they just focused on her physical safety but not on the emotional side of her experience. For example, the Director told her that the next day after she reported it, she would get a call from the School?s Director of Housing to arrange for her to move into a permanent dorm, but he did not call, so she had to call and go speak to him in his of?ce. He told her that she could stay in temporary housing for a week or move to a regular dorm for a few days. She opted to stay in temporary housing for one week. She had to wait for a permanent space (in the same building) until it was renovated at the end of the week. The reason that she had to wait for the space to be renovated was because she wanted to stay with her roommate, so they had to wait for a place where both could stay. The Complainant indicated that she was being ??nicky? about wanting to stay with her roommate but she was also looking out for her emotional well-being. The Complainant also said that she told them that if she couldn?t be with her roommate, she wanted a single for the price of a double and they refused. Were there any other problems with their response? The Complainant said that the School also did not offer to send a letter to her professors saying that she was experiencing a crisis. although they did once she asked approximately a week later. All of her professors were nice about it, except one professor who, after she told him that she would need to wait for a phone call in class from the Vice President about her living situation. ?called her out" about checking her phone in class. Speci?cally. he stated don?t think you?re going to ?nd out about your housing situation on Twitter,? or similar words to that effect. Page 3 of 7 - Complainant Interview Statement OCR Case No. 02?1 1-2094 April 26, 2011 The Complainant?s biggest concern was that once she moved to the new space, the School didn?t tell the security guards that Student 2 was banned from her new dorm. The Director of Housing was the one who was responsible for this. Another problem that the Complainant cited was that her ?'iend who was also sexually harassed by Student 2 reported it the same day as she did, but when she mentioned it to Linda Reimer, the Vice President for Student Services (the VP), the VP said she didn?t see it as its own case that needed investigation. What happened to Student 2 was exactly the same as what happened to her, except Student 2 was able to stop it because she put him in a chokehold. She also gave her the 14 text messages. The Complainant then said that when it happened, she kept pushing him away and saying no, but he kept going. He?s a big guy and he pulled down her shirt and was ?kissing her boob.? However, even after she told the VP these details, the VP she said that she hadn?t provided enough information. The VP told her that there was no right to appeal the decision since the other student wasn?t found guilty. he had been found guilty he could appeal, but she couldn?t. The Complainant met with the VP to discuss her case on April 611?, which was after the investigation had concluded and Student 1 was found not guilty. The Complainant thought the purpose of the meeting with the VP was to start the appeal process. Student 1 waived his right to a hearing, so the decision that he was not guilty was made solely by Thomas McDonald, an Assistant Vice President for Student and Campus Life (Assistant VP). The Complainant did not know how the process worked, since it is very secret and they didn?t tell her what information they looked at. She knows that they had her statement, Student 2?s statement and the text messages. Following the decision she had a meeting with the Assistant VP to discuss her case on or around March 11, 201]. She described the meeting as ?bizarre.? However, she is a little confused about what happened at the meeting since she had been in the Emergency Room for a week right before she met with him and she hadn?t eaten anything the whole week, so she was very light headed during the meeting. The Assistant VP asked her to tell him about the incident, but she said that she didn?t feel well enough to do so because she had been in the hospital. She told him to ask her any speci?c questions he had and he didn?t. She was not sure if this meeting was part of the fact ?nding or not. He didn?t ask her any questions, even when she told him that she had not had food in a week and couldn?t formulate a thought. She stressed that her memory of the meeting was not very clear since she wasn?t feeling well at the time. She added that the hospital never found out what was wrong with her, but thought that it might have been a ruptured ovarian which is caused by stress. The Complainant provided us with a letter dated March 28, 2011, which references the meeting that occurred on March ll, 201 l. The Complainant stated that before receiving the March 28?? letter, she had to email administrators continuously to inquire about the status of her complaint. Did they ever offer you counseling? Yes. She rejected it at first, but then she couldn?t concentrate and went to the cunnseling center. They took her right away (within 10 minutes), but then the counselor told her that he needed to be somewhere in 20 minutes (even though she was really upset). He asked ?How much longer do you think you?re going to be,? or something to that eti?ect. This counselor made an appointment for her for the next week. When she got there, she was told she had a different counselor, named Wanda (Counselor 2), who she saw for about a month. However, over the same month she stopped getting her mail, so she complained about it to Rob Letonsky, the Director of Housing. Then the Director of Housing forward ed all the emails she had sent him about the mail to Counselor 2; when the counselor discussed them with her, the Complainant felt that the counselor was implying that she was mentally ill,. As a result, she stopped going to ecunseling, since she doesn?t trust Counselor 2 anymore. She cannot access the emails anymore since there?s a low storage limit on the University server, but she believes Wanda at the counseling center has them. Page 4 of 7 Complainant Interview Statement OCR Case No. 02-1 1-2094 April 26, 2011 What happened next? When the Director of Housing wasn?t making any progress ?xing the mail situation, she called the Postal Inspector. Then a month?s worth of mail showed up in her mailbox. Since then she has mostly been getting it, but it happened again recently when they lost her birth control pills for which she had already paid $40.00. She then emailed the Director of Housing to tell him, and he said to write the director of her building about it, but this person didn?t deal with it. As a result, she is going to go off birth control in a week since she can?t get her pills. Did you have any further contact with the student who assaulted you? No. He is banned from all other dorms but the one he lives in. However, he was not banned ??om her building for a month since the security guards in the building were never informed that he was banned. The Complainant said that when she went to the Director, on around March 29, 2011, about the fact that Student 1 was not banned from her dorm, the Director stood up and told her to leave her of?ce while the complainant was mid~sentence. The Complainant also told the Director that she didn?t want to go to the cafeteria since she thought he would be there, but they refused to reimburse the money left on her meal plan. The Director said that he was banned from the cafeteria until the end of the school year, so she didn?t need to do this. However, when the Complainant said she didn?t believe that he was banned, since it?s the only cafeteria that Student '1 could go to, the Director refused to give her the refund. The Complainant explained that she had no evidence that he is not banned, she just did not believe that he was. As a result, the complainant still has to go to the cafeteria. The Complainant mentioned that each dorm has a kitchen, and Student I is supposed to eat in his. When asked how long the ban was supposed to last, the Complainant stated that he is banned for the remainder of the 2010-201 1 academic year, and she was told the School would revisit the issue next school year. Please explain how you knew that Student 1 was not banned from your new dorm. There?s a big binder of names of pe0ple who are banned from the dorms that sits on the desk of the security guard in the entrance to it. She said the list goes as far back as it} years. There is also a list of 10 names of immediate threats. Next to the binder is a sign-in list. She looked at the list of the immediate threats for her new dorm, and the security guard looked through the binder, but his name was not there. The security guard surmised that perhaps Student I was a ?low risk.? She told this to the Director of Housing right away (this was on March 15th). She said that there were two security guards who told her that Student l?s name was not on list: one works there weekday afternoons from 5 1 pm, and the other works the 11 pm to 5 am shift. Did Student I ever try to come to your dorm? He never tried to come to her dorm as far as she knew, but she was always worried about it since she has a distinctive bike that she keeps locked in front of the dorm, so it would be very easy to figure out where she lives. The Complainant said that she saw him a few times before she reported it and he wouldn?t talk to her. Speci?cally, she said that about a week after the incident she saw him in passing not far from her dorm; she saw him in the cafeteria where they were eating in proximity to each othercrowded elevator. She initially felt like it was ?a hookup gone wrong? since he didn?t actually rape her and she couldn?t find the sexual assault policy on the website. She thinks the policy includes harassment and assault combined. The Complainant also said that all the students who get accused of sexual assault or harassment are assigned to live in the same dormitory. She thought this was really ?crazy? since this is a coed dorm. She knew of another ?sexual predator? who was moved there. Also, an RA who lives there said there were Page 5 of 7 Complainant l?nterview Statement OCR Case No. 02-l 1-2094 April 26, 2011 others who had been moved there. The dorm is called the 20tll Street Dorm. The University doesn?t identify the ?sexual predators? dorm rooms. The complainant believes the women living in that dorm are in an unsafe environment. Are you making this complaint as part of your investigation on Student 2?s behalf? She is not necessarily doing it on her behalf, but will tell her to come to us if she wants to make a separate complaint. Please explain the mail issue you reference in your complaint. The Complainant explained that she moved into a temporary dorm for a week and then to the permanent dorm at the end of the week. Since she is from Cleveland she gets a lot of mail, but while she was at the temporary location, she did not get any mail. When she moved out of her original dorm, she ?lled out a forwarding address form through the post of?ce. She understood that it would take two weeks to receive her mail. She also spoke to the Director of Housing and told him that she really wanted to make sure she got her mail. Following this, there were two weeks where she didn?t get any mail, so she wrote him again and told him that she wasn?t getting any mail. The only response he gave was that he was confused about why she was not receiving her mail, but didn?t try to solve it. She said that after a few more days of not getting anything, she told him that she would call the Postal Inspector. Again, she did not get a response after she said she would call about it by a speci?c time that day (3/18 at 3 pm), so she wrote him and said she would contact the Postal Inspector. The Director of Housing then wrote her back very upset about her email, which he forwarded to her therapist. The Complainant said that shortly a?er that she received a ?frantic email? from the Director of Housing saying what he had done to fix the problem. She stated that she a month?s worth of mail appeared in her mailbox in the afternoon that day. Every since then she has gotten her mail for the most part, except for some letters and the birth control package. However, she did not get magazines for a period of about one month and thought they were getting lost. She stated that she later learned that her magazines stopped coming to her after her mailbox became full. The Complainant added that except for the mail issue, she did not have any problems with the Director of Housing; she said that he was nice to her, and even helped her ?ll out several forms when she moved. He told her that she could expect to start getting mail at the temporary location starting 2/18/11. He knew how important her mail was to her, since she told him this when she went to Speak to him about moving. She began to realize that she wasn?t getting mail alter she had been gone from the first dorm for about two weeks and hadn?t gotten anything. She added that a piece of her mail was sent to Health Services for some reason; she was told it was junk mail, but it turned out to be about mammograms. She asked them to send it to her and they still haven?t. She also didn?t get Netflix DVDs and a new credit card that she had ordered. She stated that she moved into permanent dorm on 2/25. She does not know if they are intentionally taking her mail, but she feels that their failure to help her to resolve the issue expeditiously and completely is retaliatory. What do you think the mail issue was retaliation for? The Complainant explained that she thought the School withheld her mail in retaliation for telling them they had to handle her complaint properly and not string her along. There was another case at the School where three girls reported being raped by someone and they didn?t ?nish the investigation till the end of the semester. Since she had heard about that through the feminist collective, she kept on top of them to make sure they did things in a more timely manner. Has the mail issue been resolved at this point? The Complainant stated that she still cannot get her mail in a normal, consistent way. She said that she was told that she could get refunded for the birth control pills that were lost, but she still has not heard Page 6 of 7 Complainant interview Statement OCR Case No. 02-1 l-2094 April 26, 2011 back about that. Got the mail the day she ?led with the postal inspector she told the Director of Housing that day. Do you know if other people in your dorm have had problems with their mail? The Complainant thought that there are a lot of people in her building who have problems getting mail; these are not necessarily people who have ?led complaints. She also thOught that since they were mostly local students, many of them just get their mail delivered to their parents? house. The Complainant said that she can?t do that since she is from Cleveland. What makes you think that your problems with the mail were related to the complaints you made? The Complainant said that one reason was that when she emailed the Director of Housing at the same time she complained to the Postal Inspector, she then got a month?s worth of mail immediately. She speci?ed that in her eyes, the retaliation is that no one has helped her ?nd her mail until she complained to the Postal Inspector. Also, it took two weeks for a paycheck to get to her. At another point, she told them the magazines that were missing and they said they?d do it right away but took a month. Another thing that makes her feel like they are retaliating against her is that approximately two weeks ago, she saw James Noble, the director of her building, right near her building. However, rather than cross the street with her, he told the perSOn he was with to cross a block away (which made it seem like he was avoiding her). He also never wrote back to her when she wrote to ask how she could get reimbursed for the birth control that was lost in the mail. The Complainant said that she last wrote him about two weeks ago and he never wrote back. You say that you contacted the Postal Inspector, can you clarify the allegations you made with them? The Complainant stated that she ?led a complaint about not getting her mail with the post office, but she still hadn?t heard back from them. She asserted that her complaint did not include anything about retaliation. Please summarize the allegations that you would like us to investigate. The Complainant stated that she felt that they were going to drag out her case so she wanted to make sure they didn?t by keeping on top of them after she reported it. She also felt that when they were helping her with the safety issues they forgot her emotional needs - such as perhaps holding off on moving her so she could stay with her roommate which she had offered to do (had said would wait a week for them to confront him so that she didn?t have to move twice would wait till the second dorm was ready). The Director wouldn?t do that, and just gave her a few hours notice that she was moving and moved her to the temporary situation. She added that she got counseling the day she asked for it, but it was not helpful since the counselor made it clear that he had to go to dinner shortly after she started talking. She also felt that they shouldn?t have traumatized her by having her tell the story over and over and having them repeat it so many times. However, she felt that although they spent so much time trying to get the facts correct, they still ignored what she both she and Student 2 said. Another problem the Complainant had was that the School failed to ?nd him Student I guilty, nor did they ban him as they said they would. An additional problem was that the policy was not easily located on the School?s website when she looked right after it happened. She also had a problem with the lack of appeal rights. An additional problem she wanted to raise was that the School doesn?t report any sexual assaults to us. She provided us with a school newspaper article that documents that no reports were of sexual assaults Page 7 of 7 Complainant Interview Statement OCR Case No. 02-] 1-2094 April 26, 2011 were made by the School in the last three years. She said that ?word has it? that whenever someone gets accused of sexual assault the School doesn?t ?nd them guilty but just moves them all to the same dorm. The Complainant said that this was told to her by an RA who lives in that dorm, but who doesn?t want to give her name. Scott, Ronam From. Nunberg, Miriam Sent: Tuesday, June 07. 2011 10:33 AM To: . Scott, Ronald Cc: Bowen, Felice Subject: New School 02~1 1-2094 Memo to F11 UNI-II: September 30. 2011 David E. Van Zandt President The New School 66 West 12lh Street New York, New York 1001 1 Re: Case No. 02-1 1-2094 The New School Dear President Van Zandt: The purpose of this letter is to advise you of the determination made by the US. Department of Education. New York Office for Civil Rights (OCR). regarding the above?referenced complaint filed against the New School (the University). The complainant alleged that the University failed to respond appropriately to her complaint of sexual assault that she made on or about February 17, 201 1 (Allegation I). The complainant also alleged that in retaliation for her sexual assault complaint. University staff delayed delivery of her mail from approximately February 2011 through May 2011 (Allegation 2). In addition, the complainant alleged that the University?s policy for responding to complaints of sexual assault was not equitable, as it afforded the accused individual. but not the complainant. the right to appeal the outcome of a hearing in a sexual assault case (Allegation 3). She also alleged that the University failed to adequately publish its procedure for responding to complaints of sexual assault (Allegation 4). Finally. the complainant alleged that the University generally failed to respond appropriately to complaints of sexual assault (Allegation 5). OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended. 20 U.S.C. 1681 e_t seq, and its implementing regulation at 34 CPR. Part 106. which prohibit discrimination on the basis of sex in programs and activities receiving financial assistance from the US. Department of Education (the Department). The University is a recipient of ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. OFFICE SURNAME DATE OFFICE SURNAME DATE OFFICE SURNAME DATE UNITED STATES DEPARTMENT OF 1'0kt?1vn. thiill?s 310w SLIP. 2W FLOOR was. YORK limos (I NEW YORK Ul?liK'l September 30, 2011 David E. Van Zandt President The New School 66 West 12lh Street New York, New York 10011 Re: Case No. 02-11?2094 The New School Dear President Van Zandt: The purpose of this letter is to advise you of the determination made by the US. Department of Education, New York Of?ce for Civil Rights (OCR), regarding the above-referenced complaint ?led against the New School (the University). The complainant alleged that the University failed to respond appropriately to her complaint of sexual assault that she made on or about February 17, 2011 (Allegation 1). The complainant also alleged that in retaliation for her sexual assault complaint, University staff delayed delivery of her mail from approximately February 2011 through May 2011 (Allegation 2). In addition, the complainant alleged that the University?s policy for responding to complaints of sexual assault was not equitable, as it afforded the accused individual, but not the complainant, the right to appeal the outcome of a hearing in a sexual assault case (Allegation 3). She also alleged that the University failed to adequately publish its procedure for reSponding to complaints of sexual assault (Allegation 4). Finally, the complainant alleged that the University generally failed to respond apprOpriately to complaints of sexual assault (Allegation 5). OCR is reSponsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 USC. 1681 e; $39, and its implementing regulation at 34 CPR. Part 106, which prohibit discrimination on the basis of sex in programs and activities receiving ?nancial assistance from the US. Department of Education (the Department). The University is a recipient of ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. The Department ofEducation's mission is to promote student achievement and preparation for global competitiveness by fostering educariona! excellence and ensuring equal access. Page 2 of 10 - President David E. Van Zandt The regulation implementing Title IX, at,34 C.F.R. 106.71, incorporates by reference 34 CPR. 100.7(e) of ?the regulation implementing Title-VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d e_t which provides that: No recipient or other person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. In its investigation, OCR interviewed the complainant, University staff members, and a student witness. OCR also reviewed documentation the complainant and the University submitted. OCR made the following determinations. Allegation 1 With regard to Allegation 1, the complainant alleged that the University failed to respond appropriately to her complaint of sexual assault that she ?led on or about February 17, 2011. Speci?cally, the complainant alleged that University staff'(a) traumatized her by requiring her to repeat the story of the sexual assault numerous times during the complaint process; failed to make arrangements for her new permanent housing; did not address her ?emotional needs? after she reported the incident; failed to notify her professors that she was experiencing a crisis until after she made a request; failed to ban the student (Student 2) whom she accused of assaulting her from her new dormitory in a timely manner; and, (0 failed to ban Student 2 from a campus cafeteria. Further, the complainant alleged that the University made an inappropriate decision regarding her complaint of sexual assault by not ?nding the accused party guilty. Title IX and its implementing regulation prohibit discrimination based on sex, including sexual harassment. Sexual harassment is unwelcome conduct of a sexual nature and can include sexual advances, requests for sexual favors, and other verbal, nonverbal, or physicai conduct.I Hostile environment sexual harassment is sexually harassing conduct that is suf?ciently severe, persistent, or pervasive to limit a student?s ability to participate in or receive bene?ts, services, or opportunities in the recipient?s program. If OCR establishes that conduct of a sexual nature occurred, OCR will examine additional factors to determine whether a sexually hostile environment exists. 1f OCR determines that a sexually hostile environment exists, it will then determine whether the recipient had actual or constructive notice of the hostile environment and whether the recipient took immediate and effective corrective action reasonably calculated to stop the harassment, prevent its recurrence and, as appropriate, remedy its effects. OCR determined that on February 17, 2011, the complainant and her friend (Student 3) went to the Of?ce of Student Rights and Responsibilities (Student Rights) to ?le a complaint alleging that Student 2 subjected her to unwanted sexual contact in her dormitory room on the night of January 30, 2011. OCR determined that the complainant spoke with the Director of Student 1 Sexual harassment includes conduct that is criminal in nature, such as rape, sexual assault, dating violence, and sexually motivated stalking. Page 3 of 10 - President David E. Van Zandt Rights and the Director of the Of?ce of Student Crisis and Support (Student Crisis), who asked her?t0 recount the alleged assault with speci?city. The complainant also provided a transcript of text messages from Student 2 that she believed con?rmed the alleged assault. OCR determined that during this meeting, Student 3 also recounted an incident she had with Student 2 several months earlier, in which he made sexual advances towards her. With respect to Allegation the complainant alleged that University staff traumatized her by requiring her to repeat the story of the sexual assault numerous times during the complaint process. OCR continued that the Director of Student Rights asked the complainant to repeat her description of the events at least twice, in order to ensure that she had all the details correct. OCR determined that it was not unreasonable for the Director of Student Rights to do so. OCR determined that during the course of the investigation of her complaint. on March 1 1. 201 1, the complainant met with the fact-?nder in her case, the Assistant Vice President for Student and Campus Life (the Assistant Vice President), to review her sexual assault complaint and to provide any additional information she might have. OCR determined that it was not unreasonable for the fact-?nder to ask the complainant to repeat her story during the course of the investigation. With respect to Allegation the complainant alleged that the University failed to make arrangements for her new permanent housing. OCR determined that immediately after taking the complainant?s initial statement, the Director of Student Crisis initiated the process of moving Student 2 to a different dormitory, and offered the complainant the Option of moving immediately, if she so desired. The University made arrangements for both students to move into separate dormitories that night. Shortly thereafter, the complainant requested to live with her roommate; and once a_ double room became available the complainant and her roommate moved to another dormitory approximately a week later (on or around February 25, 201]), where they remained for the duration of the semester. Student 2 was permanently placed in a dormitory several blocks away from the complainant?s and was advised in a letter dated February 24, 2011, that he was not permitted to enter any residence halls other than his own. The complainant reported to OCR that she and Student 2 had no further interaction after they both were assigned to different dormitories. With respect to Allegation the complainant alleged that the University did not address her ?emotional needs? after she reported the incident. OCR determined that the Director of Student Crisis provided the complainant with the number of the Student Counseling Services on campus, and encouraged her to make an appointment there. The complainant informed OCR that she went to counseling for? one month, and stopped going after becoming dissatis?ed with her counseling experience. With respect to Allegation the complainant alleged that the University failed to notify her professors that she was experiencing a crisis until after she made a request. The University acknowledged that it did not inform the complainant?s professors that the complainant was experiencing a crisis until after the complainant made such a request. The University informed OCR that it is not its usual practice to inform a student?s professors regarding a crisis; however, such a noti?cation will be made if a student so requests and provides permission. OCR determined that after the complainant made such a request, approximately one week after the Page 4 of 10 - President David E. Van Zandt complainant made her sexual assault complaint to the University, the Director of Student Crisis immediately adVised the complainant?s professors that the complainant had experienced a crisis. and requested that they contact her if the complainant began to struggle academically. OCR determined that the University?s practice in this regard is not unreasonable. and the University acted upon the complainant's request. With respect to Allegation the complainant alleged that the University failed to ban the Student 2 from her new dormitory in a timely manner. As stated above, OCR determined that Student 2 was permanently placed in a dormitory several blocks away from the complainant?s and was advised in a letter dated February 24, 2011. that he was not permitted to enter any residence halls other than his own. Additionally, OCR determined that the Director of Student Rights sent Student 2 a letter on February 18, 201 1, stating that he was banned from entering his old residence and any of the other residence halls until further notice. OCR determined that the complainant reported to the University that as of March 15, 2011, Student 2?s name was not on the ?Persona non Gram (PNG) list banning him from the complainant?s new dormitory. OCR determined that University staff added Student 2?s name to the PNG list that same day, and the Director of Student Rights informed the complainant that the matter had been addressed. There was no indication that Student 2 ever attempted to enter the complainant?s dormitory before that date, even though his name was not on the PNG list at the time. With respect to Allegation the complainant alleged that the University failed to ban Student 2 from a campus cafeteria. OCR determined that the complainant reported to Student Rights that she saw Student 2 in the cafeteria she used on March 1, 2011; and as a result, she requested that the University refund her meal plan for the rest of the year. Although the University refused to issue the complainant a refund, OCR determined that Student 2 was banned from that cafeteria for the rest of the semester. With respect to Allegation the complainant alleged that the University made an inappropriate decision regarding her complaint of sexual assault by not ?nding the accused party guilty. OCR determined that the University followed its Sexual Harassment-Assault Policy in effect at that time in investigating the complainant?s allegations.2 According to its then effective policy, complaints of sexual assault against a student would be reviewed and adjudicated using the University?s Non-Academic Disciplinary Procedures of the University?s Code of Conduct. OCR determined that the Director of Student Rights met with Student 2 on February 18, 2011, and according to her contemporaneous notes, Student 2?s version of events differed from the complainant?s; and he ?Was adamant that he did not do anything against her will.? On March I 1, 2011, the complainant met with the Assistant Vice President for Student and Campus Life (the Assistant Vice President) to review her sexual assault complaint and was permitted to provide any additional information she might have. The Assistant Vice President also met with Student 2 who gave a statement and waived his right to the Panel, allowing the Assistant Vice President to render a determination.3 2 As discussed below in connection with Allegations 3 and 4, during the Spring 2011 semester, the University revised its Sexual Assault Policy. 3 Under Sections Ill(b)(3)(d) and of the Disciplinary Procedures. except in cases where an emergency or interim suspension is warranted, complaints are to be reviewed by a Disciplinary Review Panel (the Panel); however, the Page 5 of 10 - President David E. Van Zandt The Assistant "Vice President stated that in making his determination, he considered the testimony of both parties; the statement from the complainant?s witness; and text messages the complainant submitted. In a letter, dated March 28, 2011, the Assistant Vice President informed the complainant that ?his ?nding [with respect to her complaint} was inconclusive and [he] was unable 4to detemiine with any reasonable certainty that the alleged violation did or did not occur." OCR determined that in making a determination regarding the complainant?s sexual assault complaint, the University did not apply the appropriate standard of proof. OCR determined that neither the then effective Sexual Assault Policy nor the Disciplinary Procedures de?ned the standard of proof to be used in establishing whether a complaint of sexual assault was substantiated; however, the University informed OCR that it used the legal standard of ?reasonable certainty.? Notwithstanding the University?s use of the reasonable certainty standard to evaluate the complainant?s sexual assault complaint, OCR determined that the University?s determination as to whether or not the complainant?s sexual assault complaint against Student 2 should have been sustained would not have been different had the University applied the preponderance of the evidence standard. Speci?cally, considering the testimony of both parties, the fact ?nder found both parties equally credible.5 The fact ?nder went on to state that he could not determine that the conduct did or did not occur. The statement from the complainant?s witness and the text messages the complainant submitted in support of her allegations of sexual assault were not persuasive and did not establish-by a preponderance of the evidence that. a sexual assault occurred.6 Further, OCR determined that the resolution of the complainant?s sexual assault complaint otherwise met legal standards, except for the issue discussed below in Allegation 3. Based on the foregoing, OCR determined that upon receiving notice of the alleged incident on or about February 17, 2011, University staff interviewed the complainant and the accused, Student 2. OCR determined that University staff was reasonable in the manner with ?which they interviewed the complainant, including the number of times that she was asked to repeat her account of what occurred. The University took interim measures pending investigation of the complaint, including moving Student 2 to a different dormitory; giving the complainant the option of moving out of her dormitory room immediately; and advising the complainant that counseling services were available. In addition, pending the outcome of her complaint, the University banned Student 2 from entering all other residence halls. Although the complainant indicated that she saw Student 2 in the cafeteria she used on March 1, 2011, and learned that alleged violator of any University rule ?may waive the disciplinary review by the Panel and the Senior Vice President or his/her designee will review the complaint and make a determination of responsibility, ifappropriate." 4 The Assistant Vice President also sent Student 2 a determination letter, which included his account of what occurred during the alleged incident. 5 The complainant alleged that during the incident, Student 2 repeatedly attempted to escalate the level of sexual activity and subjected to her unwanted sexual touching. In his statement, Student 2 denied that the complainant told him to stop during their interaction and asserted that nothing occurred against the complainant?s will. 6 The text messages that the complainant submitted in support of her complaint consisted of an exchange with Student 2 in which she recounts that she said no and told him to step during the incident but he persisted touching her. Student 2 did not admit to the conduct during the exchange, but rather, disagreed with the complainant?s assertions. Page 6 of 10 - President David E. Van Zandt Student 2 was not on the PNG listof her new dormitory for approximately one month after ?ling her sexual assault complaint, OCR determined that Student 2 had been advised by letter within a week after the complaint was filed that he was banned from all residence halls except his own, and that he should never approach the complainant or attempt to enter her dormitory building. The complainant acknowledged that there was no further contact between her and Student 2. OCR determined that the University conducted a prompt, adequate, thorough. and impartial investigation; and took appropriate interim steps while investigating the complainant?s allegation. Further, OCR found that there was insuf?cient evidence to conclude that a sexually hostile environment was created as the underlying conduct could not be substantiated and no similar incidents were reported. Therefore, OCR determined that there was insuf?cient evidence to substantiate the complainant?s allegation that the University failed to reSpond to her complaint of sexual assault that she made on or about February 17, 2011. Accordingly. OCR will take no further action regarding Allegation l. A fiegatr'on 2 With regard to Allegation 2, the complainant alleged that in retaliation for her sexual assault complaint, University staff delayed delivery of her mail from approximately February 2011 through May 2011. Speci?cally, the complainant stated that on February 17, 2011, the same day that she reported her sexual assault complaint, she moved out of her dorm and after temporarily relocating elsewhere, moved to a new dorm on February 25, 2011. The complainant asserted that despite completing a forwarding address form with the US. Postal Service and being advised that it would take approximately two weeks for the change to be effective, her mail was delayed for approximately a month. The complainant informed OCR that after she sent an email on March 18, 2011, to theDirector of Student Housing and Residence Life (the Director of Housing) in Which she stated that she would contact the local US. Postal Inspector regarding the matter, approximately ?a months worth of mail? suddenly appeared in her mailbox the following day.7 ln analyzing whether retaliation occurred, OCR must ?rst determine: (1) whether the complainant engaged in a protected activity; (2) whether the recipient was aware of the complainant?s protected activity; (3) whether the complainant was subjected to an adverse action contemporaneous with, or subsequent to, the recipient's learning of the complainant?s involvement in the protected activity; and (4) whether there is a causal connection between the protected activity and the adverse action from which a retaliatory motivation reasonably may be inferred. When there is evidence of all four elements, OCR then determines whether the recipient has a legitimate, non?retaliatory reason for the challenged action or whether the reason adduced by the recipient is a pretext to hide its retaliatory motivation. OCR determined that the complainant engaged in a protected activity when she filed a complaint of sexual assault with the University. Further, OCR determined that the University was aware of the complainant?s protected activity. 7 The complainant stated that after receiving the package of mail on March 18, 20] I. site thereafter received most of her mail, with the exception of ?some letters? and a package. The complainant later learned that her magazines stepped coming to her after her mailbox became full. Page 7 of 10 - President David E. Van Zandt According to the University?s Residence Hall Handbook, when a student moves to a new dorm room on campus, that student is reSponsible for providing the United States Postal Service with an updated mailing address. The Director of Housing advised OCR that when a student who has moved receives mail at his or her old dorm, the mailroom staff at the old dorm will collect the mail and save it for the student to pick up; and either the residence hall director or one of the student mail room workers will notify the student. The Director of Student Housing advised OCR that he worked along with the Residence Hall Directors of the complainant?s current and previous dorms to resolve the dif?culties the complainant experienced with receiving her mail. OCR reviewed email correspondence from March 2, 2011, through April 22, 2011, between the complainant and the Residence Hall Director from her previous dorm, in which the Residence Hall Director informed the complainant that after she moved her mail continued to be delivered to her previous dorm by the United States Postal Service. The Residence Hall Director advised the complainant, in an email sent on March 4, 2011, that she was permitted to access to her old mailbox in her previous dorm to retrieve any mail. In an email, sent on March 8, 2011, the Hall Director informed the complainant that all mail that was delivered to her previous dorm to date would be delivered to her current dorm the following day. OCR also determined in an email, sent on March 22, 2011, the complainant acknowledged receipt of a package that was originally delivered to her previous dorm and was forwarded to her current dorm. In an email sent on April 20, 2011, the Hall Director informed the complainant that mail continued to arrive for her at her previous dorm, and reminded her that she had access to her mailbox. Further, OCR determined that in response to the complainant?s inquiry regarding whether any additional magazines had come to her mailbox at her previous dorm, the Residence Hall Director advised the complainant in an email sent on April 22, 2011, that they had no more mail for her and that if her mailbox had been previously too full to receive magazines, there would have been a package slip le? for her. Based on the foregoing, OCR determined that there was insuf?cient evidence to support the complainant?s allegation that in retaliation for her sexual assault complaint, University staff delayed delivery of her mail from approximately February 2011 through May 2011. OCR determined that although the United States Postal Service informed complainant that her address change would become effective in two weeks, it appears that it took longer than the anticipated timeframe; in the interim, the United States Postal Service continued to deliver mail to her previous address. The complainant did not provide and OCR did not ?nd any evidence to indicate that the delayed delivery of her mail was caused by the University staff. As a result, OCR found no causal connection between the complainant filing a sexual assault complaint and the dif?culties she experienced receiving her mail. In addition, OCR determined that the University took reasonable steps to address the complainant?s concerns regarding her mail; including forwarding mail to her current address and providing her with access to her mailbox in her previous dorm for the remainder of the 2011 spring semester. Therefore, OCR determined that there was insuf?cient evidence to substantiate the complainant?s allegation that University staff retaliated against her for ?ling a sexual assault complaint by delaying her mail delivery. Accordingly, OCR will take no further action regarding Allegation 2. Page 8 of 10 President David E. Van Zandt Allegation 3 With regard to Allegation 3, the complainant alleged that the University?s policy for responding to complaints of sexual assault was not equitable. In support of her allegation, the complainant alleged that the policy afforded the accused individual, but not the complainant, the right to appeal the outcome ofa hearing in a sexual assault case. The regulation implementing Title IX, at 34 C.F.R. requires a recipient to adopt and publish grievance procedures that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Title IX. The University acknowledged to OCR that after receiving concerns from other students and staff regarding its procedures for addressing complaints of sexual assault, the University revised its Sexual Assault Policy in spring 2011. OCR reviewed the University?s revised Sexual Assault Policy, which is currently in effect, and it speci?cally states that ?{t]he accuser and the accused have the right to appeal the decision of the hearing panel.? Therefore, OCR determined that this inequity in the procedure has been resolved; however, OCR determined that the complainant ?led her complaint of sexual assault with the University under the previous policy for handling such complaints and was not afforded the opportunity to appeal the decision. Accordingly, OCR will negotiate a reSolution agreement with the University to address this compliance concern. Allegation 4 With regard to Allegation 4, the complainant alleged that the University failed to adequately publish its procedure for responding to complaints of sexual assault. Speci?cally, the complainant asserted that on January 30, 2011, the morning alter she was sexually assaulted, she attempted to ?nd the University?s policy on its website; however, there was no policy available on the website. The complainant informed OCR that she later learned from a women's rights group on campus that the policy cannot be found on the University?s website; rather, it can only be found by using the Google search engine. The University advised OCR that its policy and procedures to address complaints of sexual assault consist of its ?Sexual Assault Policy,? which is available in the ?Student Services Rights and Responsibilities? section of its website.8 OCR further determined that this webpage is also referenced in the University?s 2010-2011 Student Handbook, which is given to each new student as part of an orientation packet, and is also available on the University?s website. The Campus Security Guide found on the University?s website and which the University states is distributed annually to'the campus community, also includes a description of how to file a complaint of sexual harassment (which is de?ned to include sexual assault.) Based on the foregoing, OCR determined that there was insuf?cient evidence to support the complainant?s allegation that the University failed to adequately publish its procedure for responding to complaints of sexual assault. Accordingly. OCR will take no further actiOn regarding Allegation 4. 3 The University also stated that the ?Student Services" section of its website can be accessed by students and staff by logging into the University?s portal. Page 9 of 10 - President David E. Van Zandt Allegation 5 With regard to Allegation 5, the complainant alleged that the University generally failed to respond appropriately to complaints of sexual assault. in support of her allegation, the complainant cited a University newspaper article which noted a discrepancy between the crime statistics reported to the US. Department of Education and an internal crime log maintained by the University, thereby implying that incidents of sexual assault were underreported on the campus. Other than her own complaint, the complainant did not provide any speci?c examples of the University?s failure to reSpond to complaints of sexual assault. OCR determined that the University has policies and procedures for handling complaints of sexual assault and has University personnel reSponsible for their implementation. OCR also determined that the University has several methods for publicizing its procedure for handling complaints of sexual assault. Further, OCR reviewed the University?s records and determined that in 2009, the University received two sexual assault complaints {Case 1 and Case in 2010, the University did not receive any sexual assault complaints; and in 2011, the University received one sexual assault complaint; the complainant?s. With respect to Cases 1 and 2, OCR reviewed various'documents and memoranda generated throughout each investigation, including but notlimited to incident summary reports; statements from the involved parties and witnesses; interview notes; and the outcome determination letters. OCR determined that in the course 'of each investigation, the fact-?nder interviewed witnesses knowledgeable about the events at issue and reviewed relevant documentation in order to reach a determination. OCR determined that the University provided a prompt, adequate, reliable, and impartial investigation, including an Opportunity to present witnesses and evidence. During the course of its investigation, OCR learned that when evaluating complaints of sexual asSault, including Cases 1 and 2 as well as the complainant's complaint, the University used the ?reasonable certainty" standard of proof to determine whether the conduct alleged'occurred. According to OCR policy, ?in order for a school?s grievance procedures to be consistent with Title IX standards, the school must use a preponderance of the evidence standard (tie, it is more likely than not that sexual harassment or violence occurred)?9 OCR policy further provides that, ?[t]he ?clear and convincing? standard (ta, it is highly probable or reasonably certain that the sexual harassment or violence a higher standard of proof? and that ?[g]rievance procedures that use this higher standard are inconsistent with the standard of proof established for violations of the civil rights laws, and are thus not equitable under Title Therefore, OCR determined that with respect to Cases 1 and 2, and in the complainant?s case, the University did not apply the appropriate standard of proof. Notwithstanding the failure to apply the appropriate legal standard, OCR concluded that the University?s determination in each case would not have been different had the University applied the ?preponderance of the evidence? standard. Speci?cally, in each case, the complainant and the accused presented conflicting accounts regarding the events and circumstances that constituted the basis of the alleged sexual assault; and there were no eyewitnesses, or physical or circumstantial evidence that would result in the fact finder concluding that more likely than not a 9 See Dear Cot-league Letter on Sexual Violence (April 4, 20} Page 10 of 10 - President David E. Van Zandt sexual assault had "occurred. -Moreover, the University?s revised Sexual Assault Policy references the ?preponderance of the evidence? standard of proof. Based on the above, OCR determined that the evidence was insuf?cient to substantiate the complainant?s allegation that the University generally failed to respond appropriately to complaints of sexual assault. Accordingly, OCR will take no further action with respect to Allegation 5. As stated above, the University agreed to implement the enclosed resolution agreement with respect to Allegation 3. OCR will monitor implementation of the resolution agreement. If the University fails to implement the terms of the resolution agreement, OCR will resume its investigation. This letter sets forth determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. formal policy statements are approved by a duly authorized OCR of?cial and made available to the public. The complainant may have the right to ?le a private suit in federal court whether or not OCR ?nds a Violation. It is unlawful to harass or intimidate an individual who has ?led a complaint or participated in actions to preserve protected rights. Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this letter and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identi?able information that if released, could constitute an unwarranted invasion of personal privacy. If you have any questions regarding determination, please contact Miriam Nunberg, Compliance Team Attorney, at (646) 428?3830 or Miriam.Nunbera@ed.aov; or Ronald L. Scott, Compliance Team Attorney, at (646) 428-3 820 0r Ronald.Scott@ed.aov; or Felice Bowen, Compliance Team Leader, at (646) 428-3 806 or Felice.Bowen@ed.20v. Very truly yours, Timothy C. J. Blanchard Enc. UNl'l'b'l Der/tlele ur September 30. 201 1 Re: CaseN 02-11-2094 The New School near-- The purpose of this letter is to advise you ofthc determination made by the US, Department of Education. New York Office tor Civil Rights (OCR). regarding the above-referenced complaint you tiled against the New School (the University]. You alleged that the University failed to respond appropriately to your complaint of sexual assault that you made (in or about February 17. loll (Allegatien 1). You also that in retaliation for your sexual assault complaint. University staff delayed delivery ol'yotlr mail from approximately February 2011 through May zotl (Allegation 2). In addition. you alleged that the University's policy for responding to complaints of Se a ull was nut equitable. as it afforded the accused individual. but not the complainant. the right to appeal the outcome or a hearing in a sexual assault case (Allegation 3). You also alleged that the University failed to adequately publish its procedure for responding to complaints of sexual assault (Allegation 4). Finally. you alleged that the University generally failed to respond appropriately to complaints of sexual assault (Allegatiun 5). Hereinafter. you will be referred to the complainant," OCR is responsible for enforcing 'l'ille of the Education Amendments ol' |972 t'l'itle as amended 20 U.S.C. l68l gt and its implementing regulation at 34 IR, Part [06. which prohibit discrimination on the basis of sex in programs and activities receiving financial assistance from the I Department of Education (the Department). The University is a recipient of financial a lance front the Department Therefore. OCR has jurisdictional aulhorll) to investigate this complaint under Title IX. mum-m UNITED STATES DEPARTMENT 0t EDLCATKH Hm It RIGHH 514mm In." HHUK VURK \<>! global by [uxtermg edut'almnul excellence and equal mm The regulation implementing Title IX. at 34 CPR. 106.71, incorporates by reference 34 C.F.R. 100.7(e) of the regulation implementing TitlerVI of the Civil Rights Act of 1964, 42 U.S.C. 200% at m" which provides that: No recipient or other person shall intimidate. threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint. testified. assisted or participated in any manner in an investigation. proceeding or hearing held in Connection with a complaint. In its investigation OCR interviewed the complatnaut, University staff members and a student witness OCR also reviewed documentation the complainant and the University submined. OCR made the following determinations. Allegaiimt 1 With regard to Allegation 1. the complainant alleged that the University failed to respond appropriately to her complaint of sexual assault that she filed on or about February 17, 2011. Specifically. the complainant alleged that University stan'ta) traumatized her by requiring her to repeat the story of the sexual assault numerous times during the complaint process; failed to make arrangements for her new permanent housing; did not address her "emotional needs" after she reported the incident: failed to notify her professors that she was experiencing a crisis until afier she made a request; failed to ban the student (Student 2) whom she accused of assaulting her from her new dormitory in a timely manner; and. (0 failed to ban Student 2 from a campus cafeteria. Further, the complainant alleged that the University made an inappropriate decision regarding her complaint of sexual assault by not finding the accused party guilty. Title IX and its implementing regulation prohibit discrimination based on sex. including sexual harassment. Sexual harassment is unwelcome conduct of a sexual nature and can include sexual advances. requests for sexual favors, and other verbal, nonverbal. or physical conduct.I Hostile environment sexual harassment is sexually harassing conduct that is sufficiently severe, persistent, or pervasive to limit a student's ability to participate in or receive benefits, services, or opportunities in the recipient's program If OCR establishes that conduct of a sexual nature occurred. OCR will examine additional factan to determine whether a sexually hostile environment exists. If OCR determines that a sexually hostile environment exists it will then determine whether the recipient had actual or constructive notice of the hostile environment and whether the recipient took immediate and effective corrective action reasonath calculated to stop the harassment. prevent its recurrence and, as appropriate, remedy its effects. OCR determined that on February 17. 2011, the complainant and her friend (Student 3) went to the Office of Student Rights and Responsibilities (Student Rights) to file a complaint alleging that Student 2 subjected her to unwanted sexual contact in her dormitory room on the night of January 30, 2011, OCR determined that the complainant spoke with the Director of Student Sexual harassment includes conduct that IS in nature, such as rapc,scxua|ussau1r. daring vtolenee, and sexually rnotrvaxed starting. Page 3 of 11 Rights and the Director of the Office of Student Crisis and Support (Strident Crisis). who asked her to recount the alleged assault with specificity. The complainant also provided a transcript of text messages from Student 2 that she believed confirmed the alleged assault. OCR determined that during this meeting. Student 3 also recounted an incident she had with Student 2 several months earlier, in which he made sexual advances towards her. With respect to Allegation the complainant alleged that University staff traumatized her by requiring her to repeat the story of the sexual assault numerous times during the complaint process. OCR confirmed that the Director of Student Rights asked the complainant to repeat her description of the events at least twice in order to ensure that she had all the details correct. OCR determined that it was not unreasonable for the Director of Student Rights to do so. OCR determined that during the course of the investigation of her complaint. on March 11. 201lr the complainant met with the fact-finder in her case, the Assistant Vice President for Student and Campus Life (the Assistant Vice President). to review her sexual assault complaint and to provide any additional information she might have. OCR determined that it was not unreasonable for the fact-finder to ask the complainant to repeat her story during the course of the investigation. With respect to Allegation lib) the complainant alleged that the University failed to make arrangements for her new permanent housing. OCR determined immediately afier taking the complainant's initial statement, the Ditector of Student Crisis i ated the process of moving Student 2 to a different dormitory. and offered the complainant the option of moving immediately. if she so desired. The University made arrangements for both students to move into separate dormitories that night. Shonly thereafter, the complainant requested to live with hot roommate; and once a double room became available the complainant and her roommate moved to another dormitory approximatel) a week later (on or around February 25. 201 1). where they remained for the duration of the semester. Student 2 was pennanently placed in a dormitory several blocks away from the complainant's and was advised in a letter dated February 24, 201 l, that he was not permitted to enter any residence halls other than his own. The complainant reported to OCR that she and Student 2 had no further interaction after they both were assigned to different dormitories. With respect to Allegation the complainant alleged that the University did not address her "emotional needs" after she reported the incident. OCR determined that the Director of Student Crisis provided the complainant with the number of the Student Counseling Services on campus, and encouraged her to make an appointment them. The complainant informed OCR that she went to counseling for one month, and stopped going afier becoming dissatisfied with her counseling experience. With respect to Allegation the complainant alleged that the University failed to notin her professors that she was experiencing a crisis until after she made a request. The University acknowledged that it did not inform the complainant's professors that the complainant was experiencing a crisis until afier the complainant made such a request. The University informed OCR that it is not its usual practice to inform a student's professors regarding a crisis; however. such a notification will be made if a student so requests and provides permissron OCR detemtined that alter the complainant made such a request, approximately one week after the vasom-- coniplainant made her sexual assault complaint to the University. the Director of Student Crisis immediately advised the complainant's professors that the complainant had experienced a crisis. and requested that they contact her if the complainant began to struggle academically. OCR determined that the University's practice in this regard is not unreasonable. and the University acted upon the complainant's request. With respect to Allegatiorl the complainant alleged that the University failed to ban the Student 2 from her new dormitory in a timely manner. As stated above, OCR determined that Student 2 "ms permanently placed in a dormitory several blocks away from the complainant's and was advised in a letter dated February 24' 2011, that he was not permitted to enter any residence halls other than his own. Additionallyt OCR determined that the Director of Student Rights sent Student 2 a letter on February 18, 2011, stating that he was banned from entering his old residence and any of the other residence halls until further notice. OCR determined that the complainant reported to the University that as of March 15, 2011, Student Z's name was not on the "Persona nan Gram" (PNG) list banning him from the complainant's new dormitory OCR determined that University staff added Student 2's name to the PNG list that same day, and the Director of Student Rights informed the complainant that the matter had been addressed There was no indication that Student 2 ever attempted to enter the complainant's dormitory before that date, even though his name was not on the PNG list at the time. With respect to Allegation 1(0, the complainant alleged that the University failed to ban Student 2 from a campus cafeteria. OCR determined that the complainanl reported to Student Rights that she saw Student 2 in the cafeteria she u5ed on March 1, 201]; and as a result. she requested that the University refund her meer plan for the rest of the year. Although the University refused to issue the complainant a refund, OCR determined that Student 2 was banned from that cafeteria for the rest of the semester. With respect to Allegation the Complainanl alleged that the University made an inappropriate decision regarding her complaint of sexual assault by not finding the accused party guilty. OCR determined that the University followed its Sexual Harassment-Assault Policy in effect at that time in investigating the complainant's allegations.2 According to its then effective policy. complaints ofsexual assault against a student would be reviewed and adjudicated using the University's Non-Academic Disciplinary Procedures of the University's Code OCR determined that the Director of Student Rights met with Srudeni on February 18. 2011, and according to her contemporaneous notesr Student 2's versron of events differed from the complainant's; and he "was adamant that he did not do anything ayinst her will?~ On March 1 l. 201]. the complainant met with the Assistant Vice President for Student and Campus Life (the Assistant Vice President) to review her sexual assault complaint and was permitted to provide any additional infomiation she might have The Assistant Vice President also met with Student 2 who gave a statement and waived his right to the Panel, allowing the Assistant Vice President to render a determination.3 discussed below connection with Allegations 3 and 4, during, the spring 20]! semesier. the University revised its Sexual Assault Policy. 3 Under Sections and (9) mile Disciplinary Procedures, except in cases where an emergency or interim suspension is warranted, are to be reviewed by 1: Disciplinary Review Panel (the Panel); however, the Parchm-- The Assistant Vice>> President stated that in making his determination. he considered the testimony of both parties; the statement from the complainant's witness; and text messages the complainant submitted. In a letter. dated March 28, 2011, the Assistant Vice President informed the complainant that "his finding [with respect to her complaint] was inconclusive and [he] was unabledto determine with any reasonable certainty that the alleged violation did or did not oocur.' OCR determined that in making a determination regarding the complainant's sexual assault complaint, the University did not apply the appropriate standard of proof OCR determined that neither the then effective Sexual Assault Policy nor the Disciplinary Procedures defined the standard of proof to be used in establishing whether a complaint of sexual assault was substantiated; however, the University informed OCR that it used the legal standard of "reasonable certainty" the University's use of the reasonable certainty standard to evaluate the complainant's sexual assault complaint, OCR determined that the University's determination as to whether or not the complainant's sexual assault complaint against Student 2 should have been sustained would not have been different had the University applied the preponderance of the evidence standard. Specifically, considering the testimony of both parties, the fact finder found both parties equally credibleS The fact finder went on to state that he could not determine that the conduct did or did not occur. The statement from the complainant's witness and the text messages the complainant submitted in support of her allegations of sexual assault were not persuasive and did not establish by a preponderance of the evidence that a sexual assault occurred.6 Further, OCR determined that the resolution of the complainant's sexual assault complaint otherwise met OCR's legal standards, except for the issue discussed below in Allegation 3. Based on the foregoing. OCR determined that upon receiving notice of the alleged incident on or about February 17. 2011, University staff interviewed the complainant and the accused, Student 2. OCR determined that University staff was reasonable in the manner with which they interviewed the complainant, including the number of times that she was asked to repeat lier account of what occurred. The University took interim measures pending investigation of the complaint, including moving Student 2 to a different dormitory; giving the complainant the option of moving out of her dormitory room immediately; and advising the complainant that counseling services were available In addition, pending the outcome of her complaint, the University banned Studlmt 2 from entering all other residence halls Although the complainant indicated that she saw Student 2 in the cafeteria she used on March 1, 2011. and learned that alleged violator of any Universin rule "may Waive the disciplinary review by the Panel the Senior Vice President or his/her designe: will review the complaint and make a determination ofresponsibility, ifapprupriate." The Assistant vics President also sent Student 2 a determination letter, which included his account of what occurred during the alleged lncident. The complalnant alleged that during the incident, Student 2 repeatedly to escalate the level or sexual activity and subjected to hm unwmucd sexual ranching. in his statement, Student 2 denied that complainant told him during their interaction and asserted that nothing occurred against the complainant's will The text messages that the complainant submitted in support or her Complaint consisted of an exchange with Student 2 which she recounts that she said no and told him to stop during the incident but he persisted touching lien Student 2 did not admit to the conduct during the exchange, but rather, disagreed with the complainant's assertions. meson:-- Student 2 was not on the PNG list of her new dormitory for approximately one month after filing her sexual assault complaint, OCR detertnined that Student 2 had been advised by letter within a week afier the complaint was filed that he was banned from all residence halls except his own. and that he should never approach the complainant or attempt to enter her donmiory building. The complainant acknowledged that there was no further Contact between her and Student 2 OCR determined that the University conducted a prompt. adequate. thorough. and impanial investigation; and took appropriate interim steps while investigating the complainant's allegation. Further, OCR found that there was insufficient evidence to conclude that a sexually hostile environment was created as the underlying conduct could not be substantiated and no similar incidents were reported Therefore. OCR determined that there was insufficient evidence to substantiate the complainant's allegation that the University failed to respond appropriately to her complaint of sexual assault that she made on or about February 17, 201 1, Accordingly. OCR will take no further action regarding Allegation l. A Negation 2 With regard to Allegation 2, the complainant alleged that in retaliation for her sexual assault complaine University staff delayed delivery of her mail from approximately February 2011 through May 2011. Specifically, the complainant stated that on February 17, 2011, the same day that she reported her sexual assault complaint, she moved out of her dorm and after temporarily relocating elsewhere, moved to a new dorm on Fehmary 25, 201]. The complainant asserted that despite completing a forwarding address form with the US. Postal Service and being advised that it would take approximately two weeks for the change to be effective, her mail was delayed for approximately a month. The complainant informed OCR that after she sent an email on March 20", to the Director of Student Housing and Residence Life (the Director of Housing) in which she stated that she would Contact the local us. Postal Inspector regarding the matter, approximately "a months worth of mail" suddenly appeared in her mailbox the (ciiowmg day? In analyzing whether retaliation occurred, OCR must first determine: whether the complainant engaged in a protected activity; (2) whether the recipient was aware of the complainant's protected activity; (3) whether the complainant was subjected to an adverse action contemporaneous with, or subsequent to, the recipient's learning of the complainant's involvement in the protected activity; and (4) whether there is a causal connection between the protected activity and the adverse action from which a retaliatory motivation reasonably may be inferred When there is evidence of all four elements OCR then dctemtines whether the recipient has a legitimate, non-retaliatory reason for the challenged action or whether the reason adduced by the iecipient is a pretext to hide its retaliatory motivation OCR determined that the complainant engaged in a protected activity when she filed a complaint of sexual assault with the University, Funher. OCR determined that the University was aware of the complainant's protected activity 7 The oomplatnantstated that after receiving the package ofmail on March 2m i. she thereafier received most or her mail. with the exception of "same letters" and i package. The complainant later learned that her magnifies stopped coming to her aher her mailbox became full Pagmm According to the University's Residence Hall Handbook, when a student moves to a new dorm room on campus. that student is responsible for providing the United States Postal Service with an updated mailing address The Director of Housing advised OCR that when a student who has moved receives mail at his or her old dorm, the mallroom staff at the old dorm will collect the mail and save it for the student to pick up; and either the residence hall director or one of the student mail room workers will notify the student. The Director of Student Housing advised OCR that he worked along with the Residence Hall Directors of the complainant's current and previous dorms to resolve the difficulties the complainant experienced with receiving her mail. OCR reviewed email correspondence from March 2, 2011, through April 22, 2011, between the complainant and the Restdence Hall Director from her previous dorm, in which the Residence Hall Director informed the complainant that after she movcd her mail continued to be delivered to her previous dorm by the United States Postal Service. The Residence Hall Director advised the complainant, in an email sent on March 4, 201 1, that she was permitted to access to her old mailbox in her preVlous dorm to retrieve any mail. In an email. sent on March 8, 2011. the Hall Director informed the complainant that all mail that was delivered to her previous dorm to date would be delivered to her current dorm the following day. OCR also determined in an email, sent on March 22, 2011, the complainant acknowledged receipt of a package that was originally delivered to her previous dorm and was forwarded to her current dorm. In an email sent on April 20, 2011. the Hall Director informed the complainant that mail continued to arrive for her at her previous dorm, and reminded her that she had access to her mailbox. Further. OCR determined that in iesponse to the complainant's inquiry regarding whether any additional magazines had come to her mailbox at her previous dorm, the Residence Hall Director advised the complainant in an email sent on April 22, 2011, that they had no more mail for her and that if her mailbox had heen previously too full to receive magazines, there would have been a package slip left for her. Based on the foregoing, OCR determined that there was insufficient evidence to support the complainant's allegation that in retaliation for her sexual assault complaint, University staff delayed delivery of her mail from approximately February 2011 through May 2011 OCR determined that although the United States Postal Service informed complainant that her address change would become effective in two weeks. it appears that it took longer than the anticipated timeframe; in the interim, the United States Postal Service continued to deliver mail to her previous address. The complainant did not provide and OCR did not find any evidence to indicate that the delayed delivery oflier mail was caused by the University staff. As a result. OCR found no causal connection between the complainant filing a sexual assault complaint and the difficulties she experienced receiving her niailr In addition, OCR determined that the University took reasonable steps to address the Complainant's concerns regarding her mail; including forwarding lnail to her current address and providing her with access to her mm'lbox in her previous dorm for the remainder of the 2011 spring semester. Therefore, OCR determined that there was insufficient evidence to substantiate the complainant's allegation that University staff retaliated against her for filing a sexual assault complaint by delaying her mail delivery. Accordingly, OCR will take no further action regarding Allegation 2. Allegaimrl 3 With regard to Allegation 3. the complainant alleged that the Univelsiiy's policy for responding to complaints of sexual assault was not equitable In support of her allegation. the complainant alleged that the policy afforded the accused individual. but not the complainant. the right to appeal the outcome of a hearing in a sexual assault case. The regulation implementing Tille IX. at 34 CFR. requires a recipient to adopt and publish grievance procedures that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Title DC The University acknowledged to OCR that after receiving concerns from other students and staff regarding its procedures for addressing complaints of sexual assault, the University revised its Sexual Assault Policy in spring 2m 1, OCR reviewed the University's revised Sexual Assault Policy. which is currently in effect. and it specifically states that "[t]he accuser and the accused have the right to appeal the decision of the hearing pane Therefore OCR determined that this inequity in the procedure has been resolved; however, OCR determined that the complainant filed her complaint of sexual assault with the University undcr the previous policy for handling such complaints and was not afforded the opportunity In appeal the decision. Accordingly, OCR will negotiate a resolution agreement with the University to address this compliance concern. Allegizmm 4 With regard to Allegation 4' the complainant alleged that the University failed to adequately publish its procedure for responding to complaints of sexual assault. Specifically, the complainant asserted that on January 30. 2011, the morning afier she was sexually assaulkd, she attempted to find the University's policy on its website; however. there was no policy available on the websites The complainant informed OCR that she later leamed from a women's rights group on campus that the policy cannot be round on the university's website; rather, it can only be found by using the Google search engine. The University advised OCR that its policy and procedures to address complaints of sexual assault consist of its "Sexual Assault Policy." which is available in the "Student Services 7 Rights and Responsibilities" section ofits OCR further delem'iined that this webpage is also referenced in the University's 2010--21" 1 Student Handbook. which is given to each new student as part of an orientation packet, and is also available on the University's website. The Campus Security Guide found on the University's website and which the University states is distributed annually to the campus community. also includes a description of how to file a complaint of sexual harassment (which is defined to include sexual assault.) Based on the foregoing. OCR determined that there was insufficient evidence to support the complainant's allegation that the University failed to adequately publish its procedure for responding to complaints of sexual assault. Accordingly. OCR will take no further action regarding Allegation 4. The University also stated that the "Student Services" section or its website can be accessed by students and stuff by logging into the University's portal Pagz9of11-- Allegalwn 5 With regard to Allegation 5, the complainant alleged that the University generally failed to respond appropriately to complaints of sexual assault, in support of her allegation, the complainant cited a University newspaper article which noted a discrepancy between the crime statistics reported to the US Department of Education and an internal crime log maintained by the University, thcrehy implying that incidents of sexual assault were underreponed on the campus. Other than her own complaint, the complainant did not provide any specific examples ofthe University's failure to respond to complaints of sexual assault. OCR determined :hat the University has policies and procedures for handling complaints of sexual assault and has University personnel responsible for their implementation. OCR also determined that the University has several methods for publicizing its procedure for handling complaints of sexual assaultt Further, OCR reviewed the University's records and determined that in 2009, the University received two sexual assault complaints (Case and Case in 2010, the University did not recetve any sexual assault complaints: and 2011. the University received one sexual assault complaint: the complainant's. With respect to Cases 1 and 2, OCR reviewed various documens and memoranda generated throughout each investigation, including but not limited to incident summary reports; statements from the involved parties and Witnesses; interview notes; and the outcome determination letters. OCR determined that in the course 'of each investigation, the fact-finder interviewed witnesses knowledgeable about the events at issue and reviewed relevant documentation in order to reach a determination, OCR determined that the University provided a prompt, adequate. reliable, and impartial investigation, including an opportunity to present witnesses and evidence. During the course of its investigation. OCR learned that when evaluating complaints of sexual assault, including Cases 1 and 2 as well as the complainant's complaint, the University used the "reasonable certainty" standard of proof to determine whether the conduct alleged occurred. According to OCR policy, "in order for a school's grievance procedures to be consistent with Title IX standards. the school must use a preponderance of the evidence standard (to, it is more likely than not that sexual harassment or violence OCR policy further provides that, "[t]he 'clcar and convincing' standard it is highly probable or reasonably certain that the sexual harassment or violence occurred 5 a hiyter standard of proof" and that "[gjrievance procedures that use this higher standard are inconsistent with the standard of proof established for violations ofthe civil rights laws, and are thus not equitable under Title Therefore, OCR determined that with respect to Cases 1 and Z, and in the complainant's case, the University did not apply the appropriate standard of proof, Notwithstanding the failure to apply the appropriate legal standard, OCR concluded that the University's determination in each case would not have been different had the University applied the "preponderance of the evidence" standard. Specifically, in each case. the complainant and the accused presented conflicting accounts regarding the events and circumstances that constituted the basis of the alleged sexual assault; and there were no eyewitnesses, or physical or circumstantial evidence that would result in the fact finder concluding that more likely than not a '1 52! Dear Colleague Letter on Sexual Violence (April 4. 201 sexual msault hadvoccurred. Moreover, the University's revised Sexual Assault Policy references the "preponderance of the evidence" standard of proof. Based on the above, OCR determined that the evidence was insufficient to substantiate the complainant's allegation that the University generally failed to respond appropriately to complaints of sexual assault Accordingly, OCR will take no further action with respect to Allegation 5. As stated above, the University agreed to implement the enclosed resolution agreement with respect to Allegation 3. OCR will monitor implementation of the resolution agreement. If the University fails to implement the tenns of the resolution ageement, OCR will resume its investigation. This letter sets forth OCR's determination in an individual OCR case. This letter is not a formal stalement of OCR policy and should not be relied upon, cited, or construed as such. OCR's formal policy statements are approved by a duly authorized OCR official and made availahle to the public. You may have the right to file a private suit in federal court whether or not OCR finds a violation. It is unlawful to harass or intimidate an individual who has filed a complaint or participated in actions to preserve protected rights. Under the Freedom of Information Act, 5 552, it may be necessary to release this letter and related correspondence and records upon request, In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identifiable information that ifreleased, could constitute an unwarranted invasion ofpersonal privacy, lfyou have any questions regarding OCR's determination, please contact Miriam Nunberg, Compliance Team Attorney, at (646) 428-3330 or Miriam.Nuiiberg@ed.gov; or Ronald L. Scott, Compliance Team Attorney, at (646) 428-3820 or RonaldScottfledgov; or Felice Bowen, Compliance Team Leader, at (645) 4283806 or Felice.Bowen @ed.gov. if you still have concerns following this conversation, you may appeal OCR's determination to the Deputy Assistant Secretary for Enforcement at the address indicated below, within 60 days of the date of this letter. Deputy Assistant Secretary for Enforcement US. Department of Education Office for Civil Rights 400 Maryland Avenue, S.W, Washington, D.C. 20202 or OCR A als ed. ov While you are encouraged to do so, having a discussion with the case team members or me about the OCR determination is not a prerequisite to filing an appeal with the Deputy Assistant Secretary for Enforcement, and it does not stop the running of the 60-day timeline. Should you decide to file an appeal, please be as specific as possible. Your correspondence should focus on factual or legal concerns that you believe may change the determination. You should explain why you believe the dctennination was incorrect>> why the factual information was incomplete, the analysis of \he {acts was incorrect, the legal standard was not applied cnrrectly, and/or the incorrect legal standard was applied. The Deputy Assistant Secretary for Enforcement will respond in writing. Ve Lrul ours Timothy C. J. Blanchard Enc. Scott, Ronald From: Sent To: Cc: Subject: Attachments: Dear Ms. Tennent, Scott, Ronald Friday, September 30. 2011 5:32 PM 'Keila Tennent' Nunberg, Miriam Re: The New School (02-11-2094) Signed Resolution Agreement 9.30.11.pdf; The New School (02-11-2094), Letter to Van Zandt.pdf Attached please find a copy of a letter dated today, September 30, 2011, from OCR to President Van Zandt, along with the signed resolution agreement in this matter; a hard copy will follow via the mail. Please let us know if you have any questions. And again, thank you for your cooperation. RONALD L. SCOTT US. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26TH FLOOR FINANCIAL SQUARE New YORK. NY 10005 PHONE: (646) 428-3820 FAX: (646) 428-3843 EMAIL: WEB: Scou,Ronaw From: Scott, Ronaid Sent: Friday, September 30, 2011 1:38 PM To: 'KeHaTennenf Cc: Nunberg, Miriam Subject: RE: The New School (02-11-2094) I Resolution Agreement Dear Ms. Tennent, Thank you For sending the signed resolution agreement and for all of your assistance throughout. we will send you a letter memorializing the closure of this matter shortly. Again, thank you for your cooperation. Sincerely, Ronald L. Scott, Compliance Team Attorney Original Message--e~~ From: Keila Tennent Sent: Friday, September 30, 2011 1:16 PM To: Scott, Ronald Cc: Nunberg, Miriam Subject: RE: The New School (62?11~2094) Resolution Agreement Dear Mr. Scott: Attached is the Resolution Agreement that was signed by Roy Moskowitz, the University's VP for Legal Affairs, General Counsel Secretary. Mr. Moskowitz is President's Van Zandt's designee for the resolution of this matter. Thank you both for helping us to resolve Ms. Kaplan's complaint. Sincerely, Keila TennentaDeCoteau Keila Tennent~DeCoteau Associate General Counsel The New School 86 5th Avenue, Suite 806 New York, NY 16011 (212) 229-5432 ext 4934 (212) 807?1913 STATEMENT OF CONFIDENTIALITY DISCLAIMER The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e-mail and delete or discard the message. Thank you. I "Scott, Ronald" 9/30/2011 12:30 PM Dear Ms. Tennent, I can now confirm that your change to the resolution agreement - that the deadline in reporting requirement be extended until March 31, 2012 is accepted and can be included in a final agreement. We would just encourage the University to conduct the appeal process (assuming the complainant elects to do so) as expeditiously as possible. If there are no other changes we can proceed with finalizing the agreement. I have attached a PDF version of the agreement that incorporates your change. You can send us back a signed copy either via PDF or fax. Once we receive the signed agreement, that will conclude our investigation of this case. Sincerely, Ronald L. Scott, Compliance Team Attorney Original From: Scott, Ronald Sent: Friday, September 30, 2011 11:57 AM To: 'Keila Tennent' Cc: Nunberg, Miriam Subject: RE: Re: Dear Ms. Tennent, Thank you so much for your prompt review of the proposed resolution agreement. I don't anticipate this change being a problem at all, especially given that the accused student is on leave for the fall semester; but I just need to communicate this change to the other office components involved. I should be able to email you back with confirmation very shortly. Sincerely, Ronald L. Scott I Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 10005 Phone: (646) 428-3820 Fax: (646) 428-3843 Email: Ronald.Scott@ed.gov web: Original From: Keila Tennent 2 Sent: Friday, September 30, Ian 11:49 AM To: Scott, Ronald Cc: Nunoerg, Miriam Subject: Re: Dear Mr'i Scott' An appeal by-- necessitates an opportunity For the accused student to respond and student Attairs confirmed that the accused student is on leave for the fall 2011 semester. As such, the university is requesting that the deadline in be extended until March 31, 2912. If you can confirm that this change is fine, we can have the Resolution Agreement signed and returned back today. Thanks. Kaila Tennent-Detoteau "Scott, Ronald" 9/36/2011 11:64 AM Dear Ms. Tennent, Attached is a resolution agreement in the above>>r~eferented matter for your review, which we will also Fax to your office. It you would like to discuss the agreement or propose any changes, please feel tree to contact us as soon as possible. If you propose any changes, please do so using the "Track Changes" function within the attached word documentl Vou may send the document pack to us via email or Fax; our tax number is (646) 418-3843. Please keep in mind that our deadline for resolving this case is today, and so we will need a signed agreement hetore the close ot business today, if it all possible we thank you For your assistance throughout this matter and your continued cooperation is greatly appreciated. Sincerely, Ronald Scott Attorney u.s. Department of Education OFfice for civil Rights 32 Old Slip, 26th Fluor Financial Square New Vork, NV 18685 Phone: (546) 423-3828 Fax: (646) 428-3843 Email: Ronald.SCott ed. edl 0v) Heb: httg: Scott, Ronald From: Keila Tennent {TennentK@newschool.edu} Sent: Friday, September 30, 2011 1:16 PM To: Scoh,Ronam Cc: Nunberg, Miriam Subject: RE: The New School (02-11-2094) I Resolution Agreement Attachments: Signed Resokution Agreement 9.30.11pdf Dear Mr. Scott: Attached is the Resolution Agreement that was signed by Roy Moskowitz, the University's VP for Legal Affairs, General Counsel Secretary. Mr. Moskowitz is President's Van Zandt's designee for the resolution of this matter. Thank you both for helping us to resolve Ms. Kaplan's complaint. Sincerely, Keila Tennent-DeCoteau Keila Tennent?DeCoteau Associate General Counsel The New School 80 5th Avenue, Suite 806 New York, NY 16011 (212) 229-5432 ext 4934 (212) 807-1913 STATEMENT OF CONFIDENTIALITY DISCLAIMER The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If y0u have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e~mai1 and delete or discard the message. Thank you. ?Scott, Ronald? 9/36/2611 12:36 PM Dear Ms. Tennent, I can now confirm that your change to the resolution agreement - that the deadline in reporting requirement be extended until March 31, 2612 is accepted and can be included in a final agreement. We would just encourage the University to conduct the appeal process (assuming the complainant elects to do so) as eXpeditiously as possible. If there are no other changes we can proceed with finalizing the agreement. I have attached a PDF version of the agreement that incorporates your change. You can send us back a signed copy either via PDF or fax. Once we receive the signed agreement, that will conclude our investigation of this case. Sincerely, Ronald L. Scott, Compliance Team Attorney nenoriginal Message-nu From: Scott, Ronald sent: Friday, September 33, 2011 11:57 AM To: 'Keila Tennent' Cc: Nunberg, Miriam Subject: RE: Re: Dear Ms, Tennent, Thank you so much for your prompt review of the proposed resolution agreement, I don't anticipate this change being a problem at all, especially given that the accused student is on leave for the Fall semester; but I just need to communicate this change to the other office components involved, 1 should be able to email you back with (anfir'mation very shortly. Sincerely, Ronald L, Scott Attorney U.S. Department of Education Office for civil Rights 32 old slip, 26th Floor Financial Square New York, NV wees Phone: (646) 4284323 Fax: (646) 42373343 Emai Ronaldficottfledagov Heb: -original Messagensn From: Keila Tennent Sent: Friday, September 39, M11 11:49 AM To: Scott, Ronald CC: Nunberg, Miriam Subject: Re: Dear Mr'. Scott' An appeal by--ecessitates an opportunity tor the accused student to respond and Student Affairs confirmed that the accused student is on leave for the Fall 2011 semester. As such, the University is requesting that the deadline in be extended until March 31, 2912. If you can confirm that this change is fine, we can have the Resolution Agreement signed and returned back today Thanks Keila TennentsDeCoteau "Scott, Ronald" 9/30/1811 11:64 AM Dear Ms. Tennent, Attached is a resolution agreement in the above-referenced matter for your review, which we will also fax to your office. If you would like to discuss the agreement or propose any changes, please feel free to contact us as soon as possible. If you propose any changes, please do so using the "Track Changes" function within the attached Word document. You may send the document back to us via email or fax; our fax number is (646) 428-3843. Please keep in mind that our deadline for resolving this case is today, and so we will need a signed agreement before the close of business today, if it all possible. We thank you for your assistance throughout this matter and your continued cooperation is greatly appreciated. Sincerely, Ronald L. Scott Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 16695 Phone: (646) 428?3826 Fax: (646) 428-3843 Email: Web: RESOLUTION AGREEMENT The New School OCR Case No. 0241?2694 In order to resolve the compliance concern identi?ed in Case No. 02?11~2094, the New School (the University) assures the US. Department of Education, New York Office for Civil Rights (OCR), that it will take the actions detailed below pursuant to the requirements of Title 1X of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681 gt and its implementing regulation at 34 CPR. Part 106. Action Item: By October i5, 2011, the University will notify the complainant in writing that she has the right to appeal the decision rendered on her sexual assault complaint that she ?led with the University on February 17, 2011. If the complainant elects to appeal the decision, the University will adjudicate her appeal in accordance with its current Sexual Assault Policy. Reporting Requirements: By November 15, 2011, the University will provide to OCR a copy of the written notice to the complainant referenced in the Action Item, above; and advise OCR as to whether the complainant has requested an appeal. b. If the complainant appeals the decision rendered on her sexual assault complaint, by March 31, 2012, the University will provide to OCR a copy of the decision reached on the appeal; including at a minimum, copies of the complainant?s appeal, any additional information considered during the appeal, and the speci?c reasons for the decision reached on the appeal- The University understands that OCR will not close the monitoring of this agreement until OCR determines that the recipient has ful?lled the terms of this agreement and is in compliance with the regulations implementing Title at 34 C.F.R. 106.8, which was at issue in this case. The University also understands that by signing this agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this agreement. Further the University understands that during the monitoring of this agreement, if necessary, OCR may visit the University, interview staff and students, and request such additicnal reports or data as are necessary for OCR to determine whether the University has ?il?lled the terms of this agreement and is in compliance with the regulations implementing Title IX, at 34 C.F.R. 106.8, which was at issue in this case. ?1 Dar . or emgnec) The New School Scott, Ronald From: Sent To: Cc: Attachments: Dear Ms. Tennent. Scott, Ronald Friday, September 30, 2011 11:04 AM 'Keila Tennent' Nunberg, Miriam The New School 02-11-2094 Resolution Agreement - submitted 9-30-2011.doc Attached is a resolution agreement in the above-referenced matter for your review. which we will also fax to your of?ce. If you would like to discuss the agreement or propose any changes, please feel free to contact us as soon as possible. If you propose any changes, please do so using the ?Track Changes? function within the attached Word document. You may send the document back to us via email or fax; our fax number is (646) 428-3843. Please keep in mind that our deadline for resolving this case is today. and so we will need a signed agreement before the close of business today. if it all possible. We thank you for your assistance throughout this matter and your continued cooperation is greatly appreciated. Sincerely. RONALD L. SCOTT I ATTORNEY US. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26TH FLOOR FINANCIAL SQUARE .YORK, NY 10005 PHONE: (646) 428-3820 FAX: (646)/1283843 EMAIL: WEB: RESOLUTION AGREEMENT The New School OCR Case No. 02-11?2094 In order to resolve the compliance concern identi?ed in Case No. 02-11-2094, the New School (the University) assures the US. Department of Education, New York Of?ce for Civil Rights (OCR), that it will take the actions detailed below pursuant to the requirements of Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681 e_t seq? and its implementing regulation at 34 C.F.R. Part l06. Action Item: By October 15, 2011, the University will notify the complainant in writing that she has the right to appeal the decision rendered on her sexual assault complaint that she ?led with the University on February 17, 2011. If the complainant elects to appeal the decision, the University will adjudicate her appeal in accordance with its current Sexual Assault Policy. Reporting Requirements: a. By November 15, 2011, the University will provide to OCR a copy of the written notice to the complainant referenced in the Action Item, above; and advise OCR as to whether the complainant has requested an appeal. b. If the complainant appeals the decision rendered on her sexuai assault complaint, by December 31, 201 1, the University will provide to OCR a copy of the decision reached on the appeal; including at a minimum, copies of the complainant?s appeal, any additional information considered during the appeal, and the specific reasons for the decision reached on the appeal. The University understands that OCR will not close the monitoring of this agreement until OCR determines that the recipient has ful?lled the temis of this agreement and is in compliance with the regulations implementing Title IX, at 34 CPR. 106.8, which was at issue in this case. The University also understands that by signing this agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this agreement. Further the University understands that during the monitoring of this agreement, if necessary, OCR may visit the University, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the University has ful?lled the terms of this agreement and is in compliance with the regulations implementing Title IX, at 34 106.8, which was at issue in this case. Date David E. Van Zandt (or designee) President The New School U.S. DEPARTMENT OF EDUCATION OFFICE FOR (Z1V1L RIGHTS 32 01.1) 51.11), 26"? FL. YORK, NY 10005 646?428-3800 FACSIMILE TRANSMITTAL SHEET RUM: 1.. (il-Nl-R 5(Il1( H11. N0 (.646) ~1le l820 9/30/2011 Rli. PRUPUSIJ) HUN "210(th CASE NO. II: 11 209-1 E1 URGENT FOR RI-ZVIEW [1 PLEASE PLEASE REPLY PLEASE RECYCLE Attached is a resolution agreement in the above-referenced matter for your review. If you would like to discuss the agreement or propose any changes. please feel free to contact us as soon as possible. If you propose any changes. please do so and you may send the document back to us via email or fax: our fax number is (646) 428-3843. Please keep in mind that our deadline for resolving this case is today, and so we will need a signed agreement before the close of business today. if it all possible. Thank you. Scott, Ronald From: Scott, Ronald Sent: Thursday, September 29, 2011 6:38 PM To: 'Keila Tennent' Cc: Nunberg, Miriam Subject: Re: The New School (The New School University Case No. 02-11-2094) Dear Ms. Tennent, We want to inform you that as of now we have identi?ed a compliance concern with respect to Allegation 3 of the complainant?s OCR complaint - that the University?s policy for responding to complaints of sexual assault is not equitable. as it permits the accused individual, but not the complainant, the right to appeal the outcome of a hearing in a sexual assault case. ?nal determination with respect to that allegation is in the process of being ?nalized. but of as now this is a compliance concern that we will need to resolve. We are currently drafting a Resolution Agreement, and wanted to know if an individual who is authorized to sign the agreement (such as the President or his designee) would be available tomorrow. I will contact you tomorrow morning via telephone to discuss this further. and to address any questions you may have. Again, thank you for all of the information you have provided throughout this case and we look forward to your continued cooperation as we near its resolution. Sincerely. RONALD L. SCOTT I ATTORNEY US. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. FLOOR FINANCIAL SQUARE YORK, NY 10005 PHONE: (646) 4283820 FM (646) 4283843 EMAIL: WEB: Sco?,Ronmd Front Sco?,Ronaw Sent: Thursday, September 29, 2011 12:32 PM To: 'Keila Tennent' Cc: Nunberg, Miriam Subject: FW: The New School University Case No. 02-11-2094) Follow up questions Dear Ms. Tennent, Following up on the supplemental data request we made yesterday, we had one more question for Ms. Puno De Leon. Specifically: As part of her failure to respond allegation (Allegation 1), the complainant has alleged that her professors were not notified that she was experiencing a crisis until after she made a request. Can Ms. Puno De Leon please confirm whether or not this is accurate whether the complainant's professors were notified at her request). We realize this is very short notice but please provide this information as soon as possible, but by no later than Friday, September 30, 2011, if at all possible. Thank you again for your continuing cooperation regarding this matter. Ronald L. Scott I Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 10005 Phone: (646) 428-3820 Fax: (646) 428-3843 Email: Ronald.Scott@ed.gov Web: Original From: Nunberg, Miriam Sent: Wednesday, September 28, 2011 12:15 PM To: Keila Tennent Cc: Scott, Ronald Subject: Follow up questions Dear Ms. Tennent, I am writing with what we hope will be the last of our questions for you. We have two questions, one for Gene Puno De Leon and one for Tom McDonald. If they feel that they can answer in writing, please forward their answer via email. We understand that this is short notice, but if they are providing written answers, it would be extremely helpful if it could be by Friday. If they wish to answer verbally, we can schedule a brief phone conversation, ideally early next week. For Ms. Puno De Leon: dard oF proof you utimed when you made a determination on the- case (ie, did you use the reasonable certainty standard as well?). For Mn Hmonald: >P1ease clarif our res onse with res em to how and whether you assessed the credibility of Hindu an was from am you mum that you stated that you did nut make a credibility determination after speaking to Each of them initially, as you were Focused on gathering the Facts. however. at the and our interview we asked you after speaking to each 0F them, you Found one more credible than the other. since our interview ended quickly due to time constraints, our notes 01: your answer are somewhat unclear. A5 a result, please explain if at the end of your investigation, you determined that one student was more Credible than anothert IF so, which student was it and why? it you Found them equally credible, please explain why. Finally, iF you Found neither to be credible, please explain why as well. IF you did not make a credibility determination, please explain the reason you did not. Thank you, Miriam Nunberg and Ronald Scott Nunoerg, Miriam Wednesday, Septemberzs, 2011 12:15 PM . Keila Tennent Cc: Soon, Ronald Subject: Fulluw up oueshons Dear Ms. Tennent, 1 am writing with what we hope will he the last 0F our questions for you. we have two questions, one for Gene Punu De Leon and one tor Tam McDonald it they Feel that they can answer in writing, please torward their answer via emailu we understand that this is short notice, but if they are providing written answers, it would be extremely helpful it it could be by Friday. It they wish to answer verbally, we can schedule a brie'F phone conversation, ideally early next week, ror Ms. Puno De Leon: -Please ex lain the standard of proot you utilized when you made a determination on th. -- case (ie, did you use the reasonable certainty standard as well?)i For Mr. MCDONEIG: -P1ease clarif your res onse with res act to how and whether you assessed the credibility or 'amfl our notes ennversatian nitn you indicate that you stated that you did not make a credibility determination after speaking to each of then initially, as you were focused on gathering the 'Fa(tsl However, at the end of our interview we asked you whether after speaking to each of them, you found one more crediole than the other. Slnce our interview ended quickly due to tine constraints, our notes of your answer are snmewhat unclear. As a result, please explain it at the end of your investigation, you determined that one student was more credible than another. If so, which student was it and why? If you Found them equally credible, please explain why. Finally, if you found neither to be credible, please explain why as well. If you did not make a credibility determination, please explain the reason you did not Thank you, Miriam Nunherg and honald Scott, Ronald From: Keda Tennenl rrennemK@newschooi edu] Sent: Thursday, September 22, 2011 2 28 PM To: Nunoerg, Miriam Cc: Scott. Ronald Subject: Re OCR Case No. 0241-2094 Attachments: 51h Supp'emenla! Response 9 22 midi Dear Ms. Nunberg and Mr, Scott: in response to your request below, attached is information prepared by Ms. Puna De Leon and Tom McDonald. we look forward to the conclusion 0F this matter. Sincerely, Keila TennentrDeCoteau Keila Tennent>>Decoteau Associate General Counsel The New School 80 5th Avenue, Suite gee New Vork, NY 19911 (212) 229-5432 Ext 4934 (212) 8974913 STATEMENT OF CONFIDENTIALITV Sr DISCLAIMER The information contained in this email message is attorney privileged and contidential information, intended only for the use of the individual or entity named above. 1+ che reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e--mail and delete or discard the message Thank youl "Nunber'g, Miriam" 9/20/2611 9:69 AM Dear Ms. Tennent, 1 hope you are very well. We are currently wrapping up our investigation and have a few more items that we need to see. The list is as Follows: 1) with respect to the complaint filed against-- by-- please provide a copy of any reports, statements, notes or any other documentation regarding: a. The claim that was an "aggressive drunk" made to RA Ariel Redmond by- roomate, be Any students interviewed as witnesses by the Offke of Student Rights and Responsibilities with respect to this complaint. Specifically, please indicate whether the 211503413 . [19/22/2011) Rgi'a Tgnnent. wee}, .mhan Nodesedf 10,2709 gala" 3 "iWr-Idadrmv'v M7044 ,ap/ my, find/54%, W2 lug. Llamia (geygo? 1) Kaila Tammi Rose m.de cam 23' 2009 Stay Park 1151de Han Ens! 15' Saw New York, NY 1000: My mice is cumtly miming an madam by housing suffauhc Smy Rename: Hill Based on vb: mformman :meed' "has mm: (a my mum "111 you may me infmunhau mm mm bahdpful my revvew or was nmuu. 1 would like to mm with you as mm possibk mi: matter. le5 mm my cfiiw by no my man mm on Manny. (mm: mm make 1office directly nan) 22mm. amsion 3553 vv'n c-maU In xehalul: an .ppuinmu, I zxpecl in him from you. Sincaelyx gm mam Gum: Punod] :Lmn Dilu'm' swam Rights and mm mm Gem. nun-Damn To: name. 55 5mm: Please ul 5mm nigms and Dea-- I (sum up a Lemar mar was seamed myour We luau mswzem. My omen is mum>> mummy In madam report submit-ted by housing surname Skuy Park Resident: Hall, Based on the Information! have mm, it has mm my mention that you may have Infmnamn mat wow he Mann in my mmof malian lwauld We to melt wim you: soon as possible ulsnuss ms mam. Plus: mummy 11ka as soon as possum make an appolmment meetwnn me. Von may call my office May at (212) 229-5349, 3653 or vespand ms mm! mm you: availabimy to meet me mhsweekarvda mnuxwacryou. Imam nsarvromyw. 825*. Ms, Glue PumrDeLzon Diredm MS. can mark Leon 04mm sum mgnu ind Emma'th 79 am Avenuz, 5m Floor NY, my moo: (212) 229-5149. ext 3553 referenced above for these studentsl IF the Office did not interview them, please state why, (i All interviews conducted with w] by Office statt. z) with respect to the complaint tiled against please provide a copy of any reports, statements, no es or any ler' ocumen a ion regar at Any students interviewed as witnesses by the office of student Rights and Responsibilities with respect to this (am taint Please indicate whether the OHice interviewed the other students with whomhhad been drinking the previous night. including -roonmate; if so} provide the documentation referenced above tor these students. It the attice did not interview them, please state why. p. A11 interviews conducted with. by ottice staff. 3) with respect to the complaint against .Gene Puno ue Leon's letter ot determination) dated May 12, 2299, states that we do not have enough information to pursue this matter further at this time." However,-was required to complete the online Sexual Harassment tutorial and was not allowed to return to university housing in the tuture. Please have Ms. Puno De Leon, or other appropriate staff person, submit a written explanation at what additional steps (with respect to the accused student and the accuser) the University would have taken, it any. had the charge of sexual assault been sustained 4) with respect to a complaint made by student--ta security on october 15, 2999, please provide records of all actions taken by the Office of Student Rights and Responsibilities, including any reports, statements, notes or any other documentation we understand that this is very short notice, but if at all possible) please provide the requested items by this Friday, September 23, 2611, Thank you for your assistance in this matter. Miriam A. hunherg Staff Attorney US Department of Education ottice for civil Rights 32 old Slip, 26th floor New York. NV 16965 546-422-3830 (voice) 646-428-3843 (Fax) riam.nunherg@ed gov aiormafionVorOER 7 Pam} m; Gene Pane-nequ 1o: mum. Kefla cc: Mannaia, T011 ant/mu 33: smjem mm Mum-um: HI Kelli, Bdow 15th: response to Ms. Nunherg's requefis and druments are amched. Please tat me know if there vs my not: that are Megime and need darifimflan. I) mm mm W>: mam/aware warm-1m: w: Mom--haddeka pram night, Mud/rg-wmnm; Irsa, [Jim/Meme remnmiabnve mrmmu mm mm dldnatmfiarwew Mam, Mm a Dyamsvafl! As per in, attache: are my notes my meeung wm mammate me am modem. No ather names were presented a: me as a witness by either Its per 25, attached are my nuczs from my meetan J) 2009, states Homm-wasmumm Please um'vem'ty wouldhm men, Iany, Mum mm accused had been found in man owe sexual aml polycy, a range at would have been applicabm These could indude suspension orewuls'cn mm the Suppm for mu ac:qu would nu based on a use by as: basis depending upon me Examples could in:qu umermng accused farany c'ases me accuser is in. 4) Mala/[mas taken :3me WE, notesor SRR did mat receive any iniorman'on or report regarding In Sean'er on (new my 2009 Ski learned nfmis report (mm security in Sonng(Marm)of1011 Ms. Gene Puno-Oe Leon Director Student Rights and Responsibilities 79 Fifth Avenue, 5th Floor NY, NY 10003 (212} 229-5349, ext. 3653 Tennent?Additio. for 06?? il'a Temg-fialesfifi 7 7 Pa'ga'fi NOTES Inna/09 1:15pm NW mem- - H. and-we'ein his suite Cannot m1 Wham; loom Ihey were drinking mm in - cum about sex -msals) emared us room beinre 'vealy mum and Emma In sleep over. - an 9113' hath we immed' -un msy "Stop' a! '69! nu ma afl' whim may were human/mug sex - While mumng-mum Mewns'lefl 'me all happew--d some <> bedmhh mornka .am miner student-530mg room, He am no! meal mm man - _dwulgs .aim mm wii mm mm am: no! walk, had bamldanrg alwhul masher. - sha muld walk and speak many - They wave an his am <1 9/2310") Kaifihnem Notae gm 7 a" - can run when Inwmay at me Mn! - _daledlhu1hedid sens: matador: on naroan, Nowmv,_ svatad -did ml raise he! value him. She Ia'd someoung more am the lines oi'slwu we wanrr Mama am was'in inbo mm rm aamnna _ama4 "val-did m| p'sh Nm awly. - Mayan have '10! a armamaum anm. - _smaa mat-an no: say ~wnaura lud( dd yau an man' In morning She 'ab mlexoress anything - He uniform nar mu down, A She and not perform oml sex on nam' onbab'y [me that he pm herhand an peas, 7 Defimlely pulamndom an - 'Pvafly am: that aneaakea "man we yun doing" am wascm tummy ml om Malarm - Doesm' {emu in; said "Hus' wanna be safie' . 'Pvelly sue" man-ax: no: say along Ira ma av nm wammg to nave sex him 'same ohms seems no\ undue or possible: a ma have sex Ha was 'a mu: Mrsnashle' - sum wara manned. Natovwwa dunng mmwuvsu. Daesnm m' am; Myle [we 'r mm lampsl aa'ng sara, >1 mama ulyuu A -du Maay'samm- I'm nmhan'ng sexwimyou.' Did not reward with wan; nut Cam dawn" Mame me now said 'gel 7 Amman Halsey anth ahng Ina hm ul'gul Mm 'slop una- - Shem: nolpush him and mum' say 12:10me o_was slag-my on top of mm me vmoleline They 'wmked lhemsmas max wayhim. . _naeed \nax ham Mfume-Irma Jamming - -di no! say an! name yuu dd mm lanawmg mom'ng ms happe'wd am 57 waeka zgu - -said summing dmrem me lullaka morning, buthednd sxy"l'm awry rm pmny Wmuasm when I'm drunk: 7 -his ding-dry mad :0 gm nm abns am his away and lum was we I'm mam; your kbses' below and memes mam NOTES 10/19/09 1:15pm Also-presenl, Student --lovmmate. ler support. - He and -were ln his suite. Cannot recall whose roam they were drinkan alcohol in. - Did lalk abour sex before wllh-hae klssed - .has also enlered mom eelora "really lnlaxicalad" and asking to sleep aver. on 9/15, both were lnloxicated. -did say "Stop" or "Get the fuck all" ta him while they were sex. While of events. -slaleu "some 01 ll happened re some degree' relening lo the sexual activity. He went an to say lhal he behaved it would have hacpened (they would have been lnlimale) even illhe was not inlexrcaled. - -had been emmional due to her breakup with buyfriend. She allegedly withd rew frum class and was planning lo leave the school. He helped her pack her boxes far shipping. sne lhen decided lo slay. - --slaled1hathe was not lryl'ng to seduce or lame her, not an act of rape or taking advantage of her. 7 _admilsthat he and-had sex, bul trier-wee "many - _slaled than he did not gel-drunk, lhal he nol force herdrinks. and lhal he did nol force her any plus. a He said lhal he never sale lhal he loved her. - He did say 10 her that she was "beaulilul and smart" - On lhal evenlng. he and .al down on bed in room to lam-and another eludenl-lall (he room. He does not recall asking them lo leave. - dlspules _claim rhal she was higth lnloxicaled [hat she coule not walk. They had been drinking alcohol logelher. - She could walk and speak clearly, - They were on his bed wddling and spooning. - They shined kissing each other and feeling each olher up. inlimale and more the silualion (7). They also held each alher. - They slarlsd removing chines, He is nol sure who initiated -- "maybe her. maybe Can't recall whale interplay 01 the event _etateo ihal he did sense hesitation on her part, However--stated that _did not raise hervoioe at him. lhal she did notyell 3! him. She said something more along lhe lines of "shoqu we warn- because she was "it limbo with herboyrriena: _slateo (hell-did not push away. - They did have sex "far a brief amount of who. - _stated thai- did riol say what the luck old you do mat?" to (allowing morning aflerthe incldenl. She "did not express anything Ihalprol'ound.' 7 He did not force head down. -- She did not periorm oral sex on him. Pmbabiy true that he pm her hand on his penis. - Definitely pul a condam on. - "Prefly sure" that she asked 'Whaiare you doing?" but was out ourtosily nol out oralarrn. - Does nol recall if he said just want to he sale," - "Prefly sure" that-did ml say anything along ihe lines of nm wamlng lo have sex wmi him. "Some n1 seems nor cream; or passible." -- Did have sex, He was 'a iiflje persuasive" - Both were intoxicated. -- an opposed during intercourse. - Does noireoall saying anything like know, I am just being sale. Hi lake cars or yuu." 7 Did nul get pushed. -did not say "Get not having sex with you" not respond with "We're not. Cairn down" because she never said "get uuL," 7 According to--oio not say anyihirig along the lines owel out" 01"swp this." . She did not push him and did nut say 'Getthe luck off as alisgedly on lop a1 him the whole time They 'warked themselves lhatway." He did nntforce her on lop ofhim. - _statedthat he did honoree-to do anything. - -did nol say can't believe you that" the fa||nwing morning. This happened about 57 weeks 390i -said something dirfererruhe lotlowing morning, out he say "I'm sorry. l'm malty persuasive when dmnk," -has allegediy tried in get him alone and has allegedly saidm him miss you. I'm mailing your klsses' before and afler this incident. Scott, Ronald From: Kaila Tennem [TennentK@newschool edu] Sent: Thursday, Septemoer 22, 2011 2:23 PM To: Nunbei'g' Cc: Scott, Ronald Subject: Re OCR Case No. 02414094 Altachmenis: 51h Supplemental Response 9 22 11 poi Dear Ms. Nunberg and Mr. Scott: In response to your request below, attached is information prepared by Ms. Puno De Leon and Tom McDonald. He look forward to the conclusion of this matter. Sincerelyy Keila TsnnentheCoteau Keila TennentsDeCoteau Associate General counsel The New School 39 5th Avenue, suite see New York, NV 12911 (212) 229--5432 ext 4934 (212) 80771913 STATEMENT OF CONFIDENTIALITV DISCLAIMER The information contained in this email message is attorney privileged and confidential infurmation, intended only For the use or the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212,229,543: or reply by e-mail and delete or discard the message, Thank you "Nunber'gy Miriam" 9/29/2911 9:99 AM Dear Ms. Tennent, I hope you are very well. we are currently wrapping up our investigation and have a few more items that we need to see. The list is as Follows; 1) with respect to the complaint Filed against please provide a copy of any reports, statements, notes or any other documentation regarding: a. The claim that. as an "aggressive drunk" made to RA Ariel Redmond by- b. Any students interviewed as witnesses by the Office of Student Rights and Responsibilities with respect to this complaint. Specifically, please indicate whether the 1 0m"! interviewed--and 50, rr-uvide the documentation referenced above far these students. If the Office did not interview them, please state c. All interviews conducted with-by ottice stark 2) with respect to the complaint filed against please provide a copy of any reports, statements, notes or any other documentation regard a. Any students interviewed as witnesses by the Office of student Rights and Responsibilities with respect to this complaint. please indicate whether the Office interviewed the other students with whom--had been drinking the previous night, including-oommate; if so, provide the documentation referenced above For these students. It the Office did not interview them, please state why. b. All interviews conducted with .by Office statt. 3) with respect to the complaint against. Gene Puno De Leon's letter of determination, dated may 12, 2999, states that we do not have enough information to pursue this matter further at this time." however,-was required to complete the online Sexual harassment tutorial and was not allowed to return to University housing in the future. Please have use Punu De Leon, or other appropriate staff person, submit a written explanation of what additional steps (with respect to the accused student and the accuser) the university would have taken, iF any, had the charge at sexual assault been sustained. 4) with respect to a complaint made by studentmto security on October 18, 2699, please provide records 0F all actions ta on 0 ice of student Rights and Responsibilities, including any reports, statements, notes or any other documentation. we understand that this is very short notice, but if at all possible, please provide the requested items by this Friday, September 23, 2911. Thank you For your assistance in this matter. Miriam As Nunberg Staff Attorney US Department of Education Office for Civil Rights 32 Old Slip, 26th floor New Vur'k, NY 18695 (voice) 6516-4283843 (tax) mlr'lam nunbergfled . gov Paw Gm: mmDeLeen Tennent. Xena McDonald, Tum 9/21/2011 3:31 PM mmonai rm: on for OCR NI Keua, Belnw '5 the response to Ms. Nunberq's requats and damments are anaemia Please let me know if them ws anything in my nous that are Iliegibte and need clarifiran'm. Gene 1) report, mtg/nuns, Myers/W ems/mammals!) lag.- a. mammal-mason "aggrememmdewmAm/Rmmn a I mm <s by aimsmm; from my meean mm- 1) Mmrerpeerw PundDeLmni'lEReroideW/ubm, med/mu, 2005, 57am: W-rqukmm Flew nave Ms mm 09 Leda smite warren mum arm mama/mus (wan neensuszamm. If the accused nad been mud vlulamn ofthe swan assaun policy, a range of sancuone would have been awliaMe. Tnese could include suspension at from the univem'ty. Support < 1) Kaila Tennent - Additioha .br?m?on for 06?? Ms. Gene Puno-De Leon Director Student Rights and Responsibili?es 79 Fi?h Avenue, 5th Floor NY, NY 10003 (212) 229-5349, ext. 3653 < 11Kg|afenmnt~ooneen .Tn'an Note-spa! 7 7" 633551} [Vivi-w 51/200"7'12 .. AM. can (91221201 QKeia Tanner" Rose ch. '1.de Omaha 2:09 Smy Yuk Residmaz Man 315 Em sm' ank,NY moo: Dur-- My "mm is cumudy no incidml wportsubmmed by housing sufl'ume smy Peak Han Based on (he infunnzfiorn I have mum. Ins mm: my mum: um you may hmmronmuin>> um wnuld behalpfifl my revxew ofmis mm, I would lik: to me: with you saonu mum: to discusslhis mm- Plase coma my 0mm: by no 1m than nan Moldly, 16.11109 make an :0 mac0310: mme (212) 2294349, 3651 or Mun K) xchedule .n nppninnml'. lupw hat from Sincerely. 9m Wm;me cm Pnno-DeLmn {molar Right: md TenneQi- Please. smdeniRjgl-w anq Rggnonsihijliesr 7 fl 7 7 "m rm". Gene meelmn To: Dlh: 10/26/2009 . PM swim: Please cal 5mm mm: and Rmnsihwlus Dew 1mm Io Iomww a ma: was uulvaed tom residence hall ms mew-it My mom cuneimy Mllwinfl an inddert remit mm by huugng mm the any Pack Reidence Hail. Based on the anrmaliun i have mew, has come in my that you may have iniumuunn matwuuld be new in my I!th of ms Incident. I would like in meet with you as sum as mm>> films this mattgr. Please mm my am: as soon as mime make an avvuinimenr In meet with me You may call my aim: dimly at (212) 22975349, 3653 or nespmi to ms email with to meet with mewska and a numbei Ianoonmynu, lmwharkomyoui Sex. Ms, Gene Plum-Dawn [mew Ms. Gene puma Leon Diana Student mum: and Responiimlues 79 Fifth ANGUS, st>> Floor NY, NY 1000] (212) 22953>>, at 3653 [19/22/501 13%ila' Tsnnenl -males.gd1 NOTES musics 1:15pm Am mum Sudem-- Fur mum He and-We in [15 am. Carmm vea' whose room "151 weradvmkinn almho' mv Dm wk amm set name wnn- has based _ha: elm moved his roam before "any momlodsue, both were not say 'Skm' w'GeHha <> rm mm sum: or (are: m, nut an ad a! rape urlah'ng advantage other. --ans that he and_ had sex bm mat-was "many wmrg." sated man he an um gd-dmnkmax: mu mat he an hollownever and man he trad hen He no was'beau'lul 0mm evening. mums 100than -and arm fiudem -|21Hhs mom. He noes m1 relxl asking mum to \saw 7 mm: was nigmy mu my own M71 waik may had been man alwth mgaman 5h: mm may and speak deuva on his bed mam am waning They slaned clhar am new am ulnar up, mums and we Aluihofl (7). They mm cam omen "my mew renmng mum. HE is rm name rm. mawe nin' u) Peie 1 3 Nal'es'pdfr "i 7 if cm mail who's hiarp'ay mm mat can sense hemmn an her part Nanny--stated mm -did me ra'ma bar was at him. mm she did not yell a1 Hm. She said angling more mug ma has '52qu View 'bmxuu was'in lmbu war: he! buymm.' - --stzled mat-rm not push him awny. have sex "Vera and amount a! line' - _smed Vhai- i} no! say 'Whallrmomma m! lhemadent 5ft 'flhd um alums nflfihfng ha| Nahum} - nul lame her Iliad - sm an perform om! sex on him. Frau-my mm be hahand on his Daria. - Dummy an - 'Pmuysurc' KM maskm 'What are you 6mg" bmwas aul Bf nammatnmm Doesml rem" Inesaid 'wmw-nna be safe: - 'Preny wla' mat-ma um say anylhing ahng [he he; aFnol wanling u: have sax with rim "some 0' ms seems no| mad": or - me have sex Hens-a mu: pemsm: - Sainwuremtonaaed. - cum 'muamrse. saying mm as 'Ihww' Vamiusl Dem sate. "u take cam myuu - Dmmgexpumw -nw1 "may-Sema- rn nmhau'ng mmynu' Did um resound Win 'We're ml, Cat" Mn" beam: 572 $3 '92! - |_mu nanny mum abng 011;" um'ur 'soo nus" - Shedm and asmeged'y allpr hill the WIND we Thiy way_nam man he an "Di Imus-la Cu mum, -dld m|say1mn1hdmve ynurfiu MW: 6than morning - TM: rappers-1 Ibaul 5-7 wash 890 -- -iad samalhhg <NOTES 10/19/09 1:15pm Also present, Sineeni--roornnere, ioreuneon. He and -were in he suite. recall whose room they were drinking alwhol in. me Ialk abaul sex helere wim-has kissad- has also emered his mom belore "really lnlaldcaled" and asking to sleepover. on 5/18, hm were intuxicalad' -clid noI say "Slop" a! "6:1 the fuck off to him while (hey were intlmate/havihg sex. While iacouniln9_ description of warm-laced 'some ol it happened to some degree' reierring lo the sexual ecliviiy, l-le wenl on to saylhat he bellevad i1 would have happened (they would have been imlmale) even ll the was noi inioxiceled. -llad been ernehenel due re her breakupwilh boyfriend. She allegedly withdrew class and was planning to leave (he schonl He helped her pack he: Dallas for shipping. She then to slay. _sleled he was noilrying io seduce or lorce her, nocan act of rape snaking advantage cl her, trial he and-had sex. hm trial-was "pretty willing.' slated ihel he did nm 9_ drunk, lhet he did not laree her drinks. and lhal he did not force her any pills. He said lhei he never seid ihel he loved here He did say In her lhai she was 'beaullful end sman." On ihai evening. he and -sal down on his bed in his room to talk -and another madam-left his room. He does not recall asking them lo leave. _dispules_clalm man she was inlaxlcaied mat she could not walk. They had been drinking almhol together. She could walk and speak clearly, They were on his bed cuddling and spinning They slaned kissing each eiher and leeling each olher up, intimate and inln the sllualiun (7). They also held each other They siened removing elerhes. He is no: sure who initialed -- 'lnaybe her. maybe hlm" Can't lecall whale interplay oi me event slaled that he did sense liesilaliun on he! part. However._steted that -did not miss he: voice athim, she did netyeii at him. She said something more along Me lines of "should we wait'l' because she was "in limbo Will'l lier boyftiend,' _slaled that - did not push him away. They did have sex "for a bvief amount ol time. _slaled that-did not say "What lhe fud< did you do that?" to following morning allar the incident She 'did rial express anyihing that pmfound.' He did notlarce her head down. she did not perlorrn anal sex on him Probably true that he put her hand on his penis. Definitely pul a condom an, "Pretty sure" that she asked 'What are you doing?" but was autai curiosity not out oi alarm. Does not recall if he said iusl want to be safe." 'Preny sure" that-dtd nol say anything along the lines at not wanting to have sex with him. "Some owns seems nut credible or possible." Did have sex. He was 'a lit": persuasive." Boll'l were Not opposed duri'ig inleicouvse. Does not recall saying anything like knew, I am just being safe. I'll take care of you." Did nal get pushed -oid not say "Get uut,- l'm not having sex WIlh you," not respond with "We're not. Calm down" because she never said "get According _did not say anything along the ines af"get out" at "stop this." she did not push lilm and did rial say "Genne luck off--was allegedly on top of him the Whale time. They "worked themselves that way He did not force her on top at him slated that he did not lorce- to do -did not say can't believe you that" [he follawmq muming This happened abuul 577 weeks 390. -said something diflerannhe fullawing maming' bm he did say "I'm l'm pretty persuasive when I'm dmnk.' -has allegedly med tn get him alone and has allegedly said to him miss you. l'm craving your kisses" before and allerthis incident. WUW ,aging/W gm: mwmw, . fl) 7 WW mefiw I paw/v [002.0 ~Maw ado/Mtim Scott, Ronald Front Sco?.Ronam Sent: Thursday, September 29, 2011 12:32 PM To: 'Keila Tennent' Cc: Nunberg, Miriam Subject: FW: The New School University Case No. 02-11-2094) Follow up questions Dear Ms. Tennent, Following up on the supplemental data request we made yesterday, we had one more question for Ms. Puno De Leon. Specifically: As part of her failure to respond allegation (Allegation 1), the complainant has alleged that her professors were not notified that she was experiencing a crisis until after she made a request. Can Ms. Puno De Leon please confirm whether or not this is accurate whether the complainant's professors were notified at her request). We realize this is very short notice but please provide this information as soon as possible, but by no later than Friday, September 30, 2011, if at all possible. Thank you again for your continuing cooperation regarding this matter. Ronald L. Scott I Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 10005 Phone: (646) 428-3820 Fax: (646) 428-3843 Email: Ronald.Scott@ed.gov Web: Original From: Nunberg, Miriam Sent: Wednesday, September 28, 2011 12:15 PM To: Keila Tennent Cc: Scott, Ronald Subject: Follow up questions Dear Ms. Tennent, I am writing with what we hope will be the last of our questions for you. We have two questions, one for Gene Puno De Leon and one for Tom McDonald. If they feel that they can answer in writing, please forward their answer via email. We understand that this is short notice, but if they are providing written answers, it would be extremely helpful if it could be by Friday. If they wish to answer verbally, we can schedule a brief phone conversation, ideally early next week. For Ms. Puno De Leon: -Please ex lain the standard of proot you utilized when you made a determination on the- --cese (ie, did you use the reasonable certainty standard as well?). For Mr'. McDonald: -Please clarif our res pnse with respect to how and whether you assessed the credibility of our notes from our with you indicate that yau stated that you did not make a credibility determination after speaking to each of them initially, as you were focused on gathering the Facts. However, at the end of our interview we asked you whether after speaking To each of "mm, you taund one mere credible than thu other. Since our interview ended quickly due to time constraints, our notes OF your answer are somewhat unclear. As a result, please explain if at the end of your investigation, you determined that one student was more Cl'Edible than another. If so, which student was it and why? If you found them equally credible, please explain why. Finally, if you Found neither to be credible, please explain why as well. If you did not make a (redibility determination, please explain the reason you did not. Thank yuu, Miriam Nunbev'g and Ronald Scott Scott, Ronald Nunberg. Mv'lam Wednesday, September 23, 2011 12:15 PM K903 Tennenl Scott, Ronald Fo'low up questions Dear Ms. Tennent, i an writing with what we hope will be the last of our questions for yotn we have two questions, one tor Gene Puna De Leon and one for Tom McDonald. If they feel that they can answer in writing, please Furward their answer via email. we understand that this is short notice, but if they are providing written answers, it would be extremely helpful it it could be by Friday. If they wish to answer verbally, we tan schedule a brief phone conversation, ideally early next week For MS. Puna De Leon: rPlCase ex lain the standard of pronf you utilized when you made a determination on the- case (ie, did you use the reasonable certainty standard as well?). For Mr. McDonald: vPlease clarit our res onse with res Qit to how and whether you assessed the credibility 0f Our notes from our conversation with you indicate that you stated that you did "Dt make a (redibility determination after speaking to each OF then initially, as you were Focused on gathering the facts. However, at the end of our interview we asked you whether after speaking to each of then, you found one more credible than the otheri since our interview ended quickly due to time constraints, our notes of your answer are somewhat unclean As a result, please explain if at the end of your investigation, you determined that one student was more credible than another. If so, which student was it and why? If you Found them equally credible, please explain why Finally, if you Found neither to be credible, please explain why as well, IF you did not make a credibility determination, please explain the reason you did not, Thank you, Miriam Nunberg and Ronald Scott Sco Ronald From: Kena Tennent [TennentK@newschooI edu! Sent: Thursday. September 2220112 28 PM To: Nunoerg. Mmarn Ct: Scott Ronald Subject: Re OCR Case No 02-11-2094 Amchmems: 51h Supplemental Response 9 22 pd! Dear Ms. Nunberg and Mr. Scott: In response to your request below, attached is intormation prepared by Ms. Puno De Leon and Tom McDonald. we look forward to the conclusion of this matter. Sincerely, Keila Tennent-Decoteau Keila Tennent-ueCoteau Associate General counsel The New School 89 5th Avenue, Suite 806 New York, NY 16011 (212) 2296432 ext 4934 (212) 80771913 (F) STATEMENT OF CONFIDENTIALITY DISCLAIMER The information contained in this email message is attorney privileged and confidential inFor'matlon, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination. distribution or copy of this communication is strictly prohibited. if you have reteived this communitation in error, please notify us imediately by telephone 212.229.5432 or reply by e-nail and delete or discard the message. Thank you. "Nunberg, Miriam" 9/20/2911 9:09 AM Dear Ms, Tennent, I hope you are very well. we are currently wrapping up our investigation and have a few more items that we need to see. The list is as Fallows: 1) with respect In the complaint filed against-- please provide a copy (if any reports, statements, notes or any other documentation regarding: a. The claim that was an "aggressive drunk" made to RA Ariel Redmond by- roommate. a. Any students interviewed as witnesses by the Office of student Rights and Responsibilities with respect to this complaint Specifically, please indicate whether the i i i W, . . esvaW 55w; nah/AL . my: Wm/w' 76's,, Naflj 44m 7%!ng My! M63 AlyfiA/ofl ,r M170 wt MMW. - vafld Mm MW '41 WNW--wmm 7 ijwfixficumcwe xfmdaj CM (44 afiM-D mam 1 (9122203) Kgfimfize; 10-27109 -- $1 @7404 Q/Wyycaj -wz'.3 Maww. 5141' my noL ?64.54 Mn defiv'j, max; a" "i 0024003" [Auk/9'7 - Lag 7v (Lu/Nb mv'vj 1W -Lazw odd 'th f, gig/m7 saw (74wahl'm WM "7 Maya," 7 vac.>>ng (n 7mg m'anL/AJ 15111 fl . . ,4 ?9441 mend v4 If fl . :29,wwi f7 iafl/vmn (Lb--Aid, aw phi--u van/93w) Liar flab/J ,7 Quad; fix @wmm ya 540', cam I new: 211,-. dam 4w>> -Lo/ru' 5447' 442nm .V 7'1) -,4Lm but by: 3972212011) Keila Tennemgz. .pdv A 7 7 4.5397 "fak'fea. Slay Puk Rename: Null New Yvrk.NY My mm is manly {Wm/mg an mam: rayon summed by Musing shfiznhc Smy mu. mod an informalmn um "mm ilhas same In my menuon mm ynu may havcinfmmamu mm mm her-:Ipful in my revicw mam [would 11:: wim yw :9 mass mm: discuss miner. Hm come, by no hint man um an Maud-y. 0mm 26. 1.09 make an Ippoimmem .0 mm m. my all my me: away 33132294361 Musion 3553 or mm to EChedule 1n 1mm xo hm: Imm yuuv Sinmly. gm mumzozzm Gum: Pun-madam mm smduu us md cu f(gE"2720"m11 KeeliTe'fine'it'f pmm'Ea' swam a and es 7 P2931 Fm" Gene WHDDELEXI Tu m: 1 Sim Meme can Student was and big-sponsbi'ws Dear-- mun modem ream Mined by having mat the Stuy Park Rcs'dznoc Based on the intmmatiun I have received, it has In my attention that you may have Informanon mat would be helpful my renew of nus Incident Imelkemmeswiflw youassum as possibiem dlscu?mls mam. Magnum myoma as an awaian a: mm mm me. Vnu mawa my office direcvy 31(212) 229-5349, mansion 3653 orrespom to ms e-rnaII vouravaxhbilny to meet mm me was wk and a numbu atwmm an contact you. I meet to hear mm you. Best MS. Gen: PWDELEON Direaov Ms. Game FumrDe Leon Dim Student Rum: and Resaanwnues 79 Fm: Avenue, 5th Flow NV, NV 10003 (212) 2295349, ext. 3653 Office interviewed-- and it so, provide the documentation referenced above For these students. If the Office did not interview them, please state why. c. All interviews conducted with. by Office statt, 2) with respect to the complaint filed against -- please provide a copy of any reports, statements, notes or any ot er documentation regard a. Any students interviewed as witnesses by the Office of student Rights and Responsibilities with respect to this complaint. Please indicate whether the ortice interviewed the other students with whom _had been drinking the previous night, including-roommate; it so, provide the documentation re-Fer'enced above for these students. It the Office did not interview them, please state why b. All interviews conducted with -y OFfice start. 3) with respect to the complaint against -Gene Puno De Leon's letter of determination, dated May 12, zoos, states that we do not have enough information to pursue this matter further at this time," However,-was required to complete the anline Sexual Harassment tutorial and was not allowed to return to University housing in the ruture. Please have Ms. Puno De Leon, or other appropriate stafF person, submit a written explanation of what additional steps (with respect to the accused student and the accuser) the university would have taken, if any, had the charge of sexual assault been sustained. 4) with respect to a complaint made by student-- to security on October 18, mos, please provide records of all actions taken by the arrice or Student Rights and nesporsibilities, including any reports, statements, notes or any other documentation. we understand that this is very short notice, but if at all possible, please provide the requested items by this Friday, September 23, 1611. Thank you for your assistance in this matter. Miriam A. Nunberg Starr Attorney us Department of Education Office tor civil Rights 32 old slip, 26th floor New Vork, NV 13095 6464254830 (voice) 6464283843 (fax) mir'iam . nunbel'g'fled . gov niormaflpn (or 6&7 anl: we Plum Deleon 1o: miner-r. Koala a: McDonald, Dill: 9/21/20" 3 31 PM mafia! Moran Hi Kenn, Beiuw is the mmnse Ms. Nunberg's requ and deal merits are attached. Please let me know if there is anything in my notes that are illeg'bie and need clavificafion. Gene 1) WM mm In Me am New remsanemems, mlesnranyomnaocumemamregnm. a. a. mmplaluu 4.. wm-nyonkemm As per Attached are my notes from speaking uqaing the incident reported 1 also attached the letter mVuilow-up email! sent ustlug \'hat she come see not respond eiuner reqnags. As per have auacned my mean: my meeting with 2) mm 515207905, Maura/zwa IEQEMWJ a Wynne 0:5 mm Iwacdlo ma eoan Please/ml! wnemerlne branding-momma; rm me Mums/1min" lime 17. Alle madam with-arm A: pci 2A, attached are my nukes imrn my msetlng mmale am: time cf the incident. No Mr names were presented me Is a witness by either As per 23, Bmched are my mm from my meeung with BC. 5) Homes-wasz Pleas: MEWS-MODELEDII, mire mused had bean round in violation arms sexual assault policy, a range af sanarvns wuuld have been anplwahle, mesa mid include suspensmn or expuls'un mam the univemt'fi Support for the aecuser would be based in. a use by case basis depending upon the Examples could Include preventing accused irorn regislering for any days the accuser is in, 4) mmplamrmoeoym--mmn'tym mm, ZME/zllsasepmwde notesor anyamerdomnzabm. sax am not receive any inmuun or recon regarding _mmylaint ta security on October ls. 2009i sax learned onnis repm Sammy in Spring (Hard!) vi 2011. Pam 3122212911) Keil'a Tehnent: Additio. af?rmation {or 683"? ?fag; Ms. Gene Puno-De Leon Director Student Rights and Rewonsibili?es 79 Fifth Avenue, 5th Floor NY, NY 10003 (212) 229-5349, ext. 3653 1" 4 NOTES mus/m 1 ISDH use wavem. Sudan--erm. - Hi and-wet: in his aim Carma! real whbse about more with-Ms mud-Ia: was <Tia/2712011; Kaila Tennqm: Cam rem" Mme evenL _stamd am he an sense mum. an her pm However--stand mm -id not raise havwiw aznim manna flaky!" alhml. an: 5% somaan more abng Ihe lhes wa war>> Misuse she was 'in lmbo wan her m1er _?ated mal- and not push away TWGH have Hex WW a b'lefamoun' 0' him _:med mat-'u'bw'ug moman awe! lhe Widen! 31c "dd was twining ha! pmh'mnd He am ml mm>> man duwn She an: pemm <NOTES 10/19/09 1.1 Also present. Sludem--onmmatet totsupport. He and -were In his suite. Cannot recall whose room they were drinking alcohol in Did talk about sex baton: with - has kissed--1:5 also entered his mom before "really intoxicated" and asking to sleep over. on 9/13. both were inlaxlcaled. -u not say "Stop" or "Get the funk at?" to him while they were intlmate/havlng sax. Whl'e of events. _slatad "some of it happanad to some degree" referring to Ihe sexual activtty. He went on to say that he believed it would have happened (they would have been intimate) even it the was not intoxicated. had been emotional due to her breakup with boylriend. She allegedly withdrew tram class and was planning to leave the school. He helped her pack her boxes for shipping. She then decided to slay. _stated that he was not trying to seduce orioree her, not an at: of rape or taking advantage of her, that he and- had sex, but that -was "pretty wilting.' tated that he did not get-drunk, that he did not tome her drinks. and that he did ml force her any oitls, He said that he never said that he loved her. He say to her that she was 'oeautliul and 'unart" On that evening, he and sat down on his bad in his room to talk -and another student-Ian the mom. He does not recall asking them to Iaave. _disputes --claim that she was highly intoxicated that she could not walk. They had been drinking alcohol together. She could walk and speak ctearty, They were on his bed and spanning They swfled kissing each other and feeling each olher up, intimate and into the situation (7). They also held 9am othev They started removing clothes. He is not SUN who inflated ~"maybe her. maybe him" Can't recall whole interplay of the event. --slated that he did sense hesitation on her part. However._staled that -dld not raise her volce at him, that she did not yell at him. She said something more aiung the lines at "should we wait?" because she was "in limhe with her buyftiend.' --ststed that -did not push him away. they did have sex 'tor a brief amount at time. _statad that -did not say 'What the hick did you do that?" to following moming aflerthe incident. She "did not expless anything that pmfound.' He did hotteree her head She did not pertarm oral sex on him. Probably true that he put her hand on his penis. Definitely put a condom on. "Pretty sule" that she asked "What are you doing?" but was out at curiosity not out at alarm. Does not recall it he said just want to he safe,' "Pleity sure" that_ did not say anything along the lines of not wanting to have sex with him. "Same seems not credible or possible." Did have sex. He was 'a persuasive." Both were Intoxicated. Nat opposed during intercourse. Doss vlotrecallsaylng anything like know, I am just being safe. i'Ii take cane olyou." Did not get pushed. -did not say "Get out.- not having sex with you." Did respund with "We're not. calm down' because she never said 'get out. According to--id not say anything along the lines order out" M'stop this." She did nol push him and did not say "Gentle fuck nit--has allegedly on top at him the whole time They "worked themselves that way.' He did nottoree her on tap at him. _slated that he did honoree-to do anything. -did nut say can't bsiieve you did that' the (allowing momlng. This happened about 5-7 weeks ago. - said something different the following morning. but he did say "I'm sorty. I'm pretty pet'suaswe when i'm drunk." -hes allegedly tried tn get him alone and has allegedly said to him miss you. I'm craving you! kissee' before and alter this incident. 51.907 Scott. Ronald From: Kella Tennent [TennentK@newschooI eou] Sent: Thursday September 22, 2011 2 25 PM To: Nunberg, Minam Cc: Scott, Ranald Subject: Re: OCR Case No 02-11-2094 Attachments: 51h Supplemental Response 9 22 11 pd: Dear Ms. Nunherg and Mr. Scott: in response to your request below, attached is information prepared by Ms, Punu De leon and Tom McDonald. we look Forward to the conclusion of this matter'l Sincerely, Kaila Tennent-Dezoteau Keila Tennent--ueCoteao Associate General counsel The New Schotfl so 5th Avenue, Suite am; New Vork, NV 16011 (212) 229-5432 ext 4934 (217) aa7eis1i STATEMENT OF CDNFIDENTIALITV DISCLAIMER The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual ar' entity named abnve. If the reader of this message 15 not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this tommunication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e--nail and delete or discard the message. Thank you. "Nunberg, Miriam" 9/20/2011 9:99 AM Dear Ms. Tennent, I hope you are very well. we are currently wrapping up our investigation and have a few more items that we need to see The list is as follows: 1) with respect to the complaint Filed against" please provide a :opy of any reports, statementsacumen 3 ion regar )ng: at The claim that -was an "aggressive drunk" made to RA Ariel Redmond by- momate -- b. Any students interviewed as witnesses by the Office of student Rights and Responsibilities with respect to this complaint Specifically, please indicate whether the I office intervieued-- and so, provide the documentation referenced above for these students. if the office did not interview them, please state why L. All interviews condutted with NJ by staff. 2) with respect to the complaint men against please provide a copy [if any reports, statements, notes or any at er ocumentat regard ng. a. Any students interviewed as witnesses by the office of student Rights and Responsibilities with respect to this com lain Please indicate whether the office interviewed the other students with whomhhad heen drinking the previous night, including- roommate; if so, provide the documentation referenced above for these students, If the office did not interview then, please state why. b. All interviews conducted with -by oFfice staff. 3) with respect to the complaint against-Gene Puno De Leon's letter of determination, dated May 12, 2099, states that "we do not have enough information to pursue this hatter further at this time" however, BC was required to complete the online Sexual Harassment tutorial and was not allowed to return to University housing in the future. Please have Ms. Pure De Leon, or other appropriate staff person, submit a written explanation at what additional steps (with respect to the accused student and the accuser) the university would have taken, if any, had the charge of sexual assault been sustained, 4) with respect to a complaint made by student --td security on october 18, 2999, please provide records of all actions taken by the office of student Rights and Responsibilities, including any reports, statements, notes or any other documentation. we understand that this is very short notice, but if at all possible, please provide the requested items by this friday, September 23, 2011. Thank you for your assistance in this matter, Miriam A. Nunberg Staff Attorney us Department of Education orfice For civil Rights 32 old slip, 26th Floor New Vork, NV 10085 546742573329 (voice) sas-aza--aau (fax) miria ,nun er 0v ilormall'on'o'oefi' . 555633 Pram: Gale Finn-Datum Yn: Tennerll, Kala Mdmnald. Tum um: 9mm!) 3-31 9M mm: mast-mm HI Keth Below is file worms on Ms. Nullberg's requefis and documanks are Hitched. Please let me know time is anything in my was that are Ilaglhre and need clarification. Gene 1) lega my a filedaim ma-wasan kman'mmuwkml-w a an! Winn Wily, planarme Ilsa, r. As Dell/1&3 Attached am my me: from Wag til--regarding the hidden! bom- I also mauled the latte and followup that she mme see me. in not respond to elm:- reqims. As per I have attached my mum my meeting vam- 2) may mean: the mm/aanmagam--easem a copyurany mam, same/i5, wasuanymmannmm regaining us 09k! mm mm mmpainl. mum mower"): Wm'ghr, 0'90, Medea/mm" mm. Ifme why. a. mnduded mus-3y atmm As per ZA, mum are my nun-s num my meeting wlm'mommaw at meld-112 a! the lncidenl. Nu olher names were user-led lo we as a win by aimer As per 25, menu: in! my Hots from my mean-lg with- 3} Waivedmme map/smugam-ommosimsmowemwm, amamylz Imam Hm-waslecumw Hem nave Ms, Paw Delmn, manure mummy wouldhav: BM hwy, Mmemrlsexualmk mne amused had been mum in miamn ofthe saual assault policy, a range if sanm'ms would have been appliabls mun include suspension or expulscn (mm the unweisny. Support fur ms an:qu would be ham on a as: uy case hisis dzpending upon me circumstances. Exampls could include pveveflfing accused from lor any < 39123512911) K?ila T?nnent ~Additi??am .5Er?n"ati?6n for 2.3 Ms. Gene Puno-De Leon Director Student Rights and Responsibilities 79 Fifth Avenue, 5th Fioor NY, NY 10003 (212) 229-5349. ext. 3653 Tia/2212911 m. a7. 0'7 ,-ma700wwyi .44" . A 24me AA .. Luz/22 omba 231009 swy Park Raids!" all 313m: 15' Sm. New wk. my mo: na-- My mm reviawing an imam repofl subsumed by housing sum: me Smy Park Rename: ML Based on me mformalmn lhavmaxived, has come to my mum'on um you may mwinromnion am would he helpfu: in my mm owns mam. would [wssime Iodimlss this mullzn mm man my ofiioe by no [1er nun mm m. Mun-y, 0mm 25, mm make u. wing-run mm me' my call my aim directly nan) 5mm 3653 or via email schadula In 1mm in but from m. Sinesdy, gm 10ng Gun: Dimclm Sludml mm and K'sponsibifims Tennent Phase smiem and :7 Flu": Gena Who-Den" 1'0: one: 10/25/1099 4-59 Subm: Pleased! Student Rights and Dea-- Imue Maw up lemrmalwas < ['(gigifim 1) We 79mm . William . an" Notespdf NOTES mum Am pram/II, S'merI--mcmmalm far suuwll. A He and law Ms sum. Camalreal whose mom may were alcohol in. Dkflalk about more w'm- has kswd_ has also mama his mum butane may rmemm' and ask-mg to sleep over, 7 nu ma. my. mm mmcam In no! say 'Slop' M'Gulme In rm. Ihey we unnaman - Whie remummg_ < Tennehir--Natesgfl - can real whub Inletp'ayoflhe mm - _?zled "at he sons: magma" an he! van Humour, -- slam the! -dld ml raise name 3( him, [bat an an m! alflm' She said samean man along we fines 09mm we wefl?' mam we was'in mm mm her my": _!x|afi mm -ma nut push Hm away, 7 Hwy have 59K 'bv a Dnelamwm 01mm. 3mm <NOTES 10/19/09 1:15pm Also present. Student --roornrnaie. for support. - Ha and-were in his suite. Cannot recal whose room they were drinking aicohol in, - taik aboul sex belore with - hes kissed--has also entered his room befure 'restly Intaxicated" and eekingto sleep over. - on 9/13. both were intoxicated. -dii1 not say "Stop" or "Get the fuck to him whiie ihey were intimate/having sex - While recounting or evenis. .mrea "some at it happened to some degree" referring to the sexual actiwty. He want an in say that he believed it would have happened (they would have been intimate) even if the was not intoxicated. - -rau been emotional due to her breakup with boyfriend. She allegedly withdrewtmm class and was plmnirlg to leave the school. He hetped her peak her boxes for shipping. She then decided to stay. - _stated ihai he was not trying in seduce or turns her. not an act at rape or mk'lng advantage her. --admits that he and .ad sex. but that _Was "pretty wilting." --stated that he did not gel-drunk, that he did not force her drinks, and that he did not force her any piils. He said that he never said inai he loved her. 7 He um say to her that she was 'beaumul and 'smarL" On that evening. he and _sat down on his bed In his room to talk. -and another student-left the room. He does not recall asking them ta leave. - _dispuies_cialm that she was highly intoxicated inarsne enuld not walk. - They had been drinking alcohal together. - She couid walk and speak clearly. . They were on his bed cuddling arid spooning. 7 They smed kissmg eaeh other and healthy each ulnar up. intimate and into the situation (1). They aiso held each other. - They started removing ciatbee. He is not sure who initiated -- "maybe her. maybe him" - Can't recal whole httetplay ofthe event. - --statsd that he did sense hesitation on her part. However._ stated that -did not raise her voice at him, that she did nut yell at him. She said something more along the lines at "should we wait?" because she was "in limbo with her heyiriend." - stated that _did not push him away - They did have sex "fur: briei amount ottime. - stated that - did not say "What the fuck did you do that?" to following morning atterthe incident She "did not express anything that proieund." He did not force her head down. She did not perform oral sex on him. Probabiyirue inal he pm her hand on his penis. Definitely pul a condom on. -- "Pretty sure" that she asked 'What are you doing?" but was out 0' curiosity nol out at alarm - Dues not recall if he said '1 ins! want to be safe." - "Pretty sure" that-did not say anything along the lines ufnm wanting to have sex with him. "Same ofthis seems not audible or possible." - Did have sex. He was "a lmie petsuashle." - Bath weie inloximted. - Nol opposed during intercourse. - Does not recall saying anything like know, i amjust being safe. l'll lake care oiyout" . Did not get pushed _did nul say eat out. -rm not having sex with you.' Did not respond with 'weie not calm clown' because she never said "get out. i . According td--did not say anything aidng the lines at 'get out" or "sing this - She did not push him and did not say 'Gei the fuck sit--was allegedly on tape! him the whole lime. They "worked themselves that way." He did notfolce her on of him. - --stated that he did not fame to do anything. - -did noi say can't believe yau did that" the tellewing morning, - This happened aboul 57 weeks ago. A -sald something dilierent the following morning. but he did say "I'm sorry. l'm ptetty persuasive when l'rii drunk.' - - has allegedly tried to get him alone and has allegedly said to him "i miss you. I'm craving yuur kisses" hetore and alter this incident. wafi/duf ~h/n'w :49 w, M0025 ML .mo raw: MW Scott, Ronald From: Keila Tennent [TennentK@newschool.edu} Sent: Thursday, September 01. 2011 9:35 AM To: Sco?,RonaM Cc: Nunberg, Miriam Subject: RE: 4th Suppiemental Response Attachments: 4th Supplementai Response 9.1.11.pdf Dear Ms. Nunberg and Mr. Scott: In response to the request made after yesterday's interview with Thomas Iliceto, attached is the University's 4th supplemental response. Regards, Keila Tennent Keila Tennent~DeCoteau Associate General Counsel The New School 80 5th Avenue, Suite 800 New York, NY 10011 (212) 229-5432 ext 4934 (212) 807-1913 STATEMENT OF CONFIDENTIALITY DISCLAIMER The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e-mail and delete or discard the message. Thank you. "Scott, Ronald" 8/30/2011 6:20 PM Dear Ms Tennent, Thank you for this information; we will let you know if we have any questions about the documents provided. We look forward to speaking with you tomorrow morning. Sincerely, Ronald L. Scott Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 10005 Phone: (646) 428-3820 Fax: (646) 428-3843 Email: Ronald.Scott@edLgov Web: Original From: Keila Tennent Sent: Tuesday, August 30, 2611 5:36 PM To: Nunberg, Miriam; Scott, Ronald Subject: 3rd Supplemental Response Dear Ms. Nunberg and Mr. Scott: Following-up from my earlier email, attached are the documents related to the 3 cases. Sincerely, Keila Tennent Keila Tennent-DeCoteau Associate General Counsel The New School 80 5th Avenue, Suite 806 New York, NY 19611 (212) 229-5432 ext 4934 (212) 867?1913 STATEMENT OF CONFIDENTIALITY DISCLAIMER The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e?mail and delete or discard the message. Thank you. 8/39/2011 5:07 PM FROMzGeneral Counsel Image data has been attached to the E-Mail. Scott, Ronald From: Keila Tennent [TennentK@newschooI.edu] Sent: Tuesday, August 30, 2011 5:38 PM To: Nunberg, Miriam; Scott, Ronald Subject: 3rd Supplemental Response Attachments: Dear Ms. Nunberg and Mr. Scott: Following-up from my earlier email, attached are the documents related to the 3 cases. Sincerely, Keila Tennent Keila Tennent-DeCoteau Associate General Counsel The New School 86 5th Avenue, Suite 869 New York, NY 10011 (212) 229-5432 ext 4934 (212) 807~1913 STATEMENT OF CONFIDENTIALITY DISCLAIMER The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, y0u are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e~mai1 and delete or discard the message. Thank you. 8/30/2011 5:67 PM FROM:General Counsel Image data has been attached to the E-Mail. THE NEW SCHOOL NEW YORK NY mm ON CAMPUS mm 1m: s'mm Aszhm will wmin . am room mum. a mum mg>> m: RA mmwu m: muficd, 5mm v. um told--thy mm Hal the due .0 mm mm, mam Page 1 DH cum") New School Univeuny Genean by: PumrDs Lem Guns Judicial Achon Gunmen an: mums, 2w Incident Report maid-n! number: an noosm Incident flIlI: 2723(2011 Incid'nk firm: .110 AM InnldoanVI: ND duh 212312011 In: .m mm; Pending ng mum): Pum-Da Lean, Gene Faficl Emma by; aesmnt Pal Penman mum"): Sludenl- mam 1m: REEMGHW Halls S|u Park Ha" Room No Room 5mmPal received a phone 53H vow Securily saying man there was 2 girl mm" who is new harassed by anumev student and would ma 1H0 slap. RA Palwcm newnst and hunk me gm ma RA aim lo Given" the mxflar.--d-Iuld ma RA nan--at-has bean myuwg by mm fluamefl nur'erous (imzs mrougham day am! \eavlng (amawa message: an herwan She said ma! stifled an Vale'mrr'i my arm that he mm her. mum ynu lonhe mm a: my We)" :0 man she mpemmy madman ms mm" on He Lugs Ina dam nu lurking Var-at all "mas aura day an she is afien mass (way are me Jan 5mm>>, thus disullfinv all by clher mum mam: and making ives mm Wha' brow-r he! (a cumscm was "ll-Van; ma combed and wrmn- amwimd ma door she said run was just smulmg lemmly,-tanl be my; mom ask ms er midis why he wouldn'ulcp <From: ponslbilifles To: Date: 11 um AM subject: "ease cerium Student Rights and Resmnsihilitles ow- I received inlormution huusing staff at me Stuy Park Residence Hall max, if accurate, p|aca van in vlolation of the Universiiy Student Code of Conduct Sectkm lam the process of reviewing the mmrmauon and would like to discuss the matter with you immedlaiely, You must cam my office upun receiving this email. I would like to meet Wu today, Thursday, Februarv 24m. Failure to cmtad mE within the time specified an result in disciplinary action taken against you, Please mutant my affine at (212) 2296349, extension 3653 ur respond to this email to a llme to come in today. I expect to hear you. Sincevely, Gene PunorDeLeon Dlrector Smden! Rights and 79 Firm Avenue, 5m Floor New Vark. NV 10003 2112295349 212'22941090/5166 FAX srr(R)newxhooLEdu <rm Sludent Rl Er Responsibilities TO: CC: che, Kdly, Noble, James Dan: 2/24/2011 4:05 PM Subjed: Your reiorauon to a new dolm. near-- i am writing to follow up on uur mealng roday, Feba 24m, legarding the maiden! report and the allegation against you, As 1 low you during our mee'tlng, am relocaan you out of sluy Park Rsidence Hall and into Lueb Residence Hall, Your reloatlon ls effective immodianely. you should pack as much oi your belongings as you can evening and leport [a Loeh Halli vou are requiied to move to Room -Loeb Hall ls located at 135 East 12th Street, between in! and 4m avenues. Please report In Loeb Hall tonightto get your new keys and move into your new mm. The housing olflce ln Loeb Hall will be open between the hours of 7pm and mum and housing staff been duly lo help you. The Loch Raidenoe Hall Dllectur is ML James Noble. You will not he allowed remvn Stuy Pam without pflor from my affice until further undue. A formal written outcome lenei from my oflke will be provided to you as soon as This letter will contain my final on the allegations we discussed during our meeting today. Should you have any further questions regardan your move, plmse do not hesitate to coniact me at (212) 2295349 ext 34653, Sincerely, Gene Punu-DeLeon DIrectnr Student Rights and Responsibiliris 79 Filth Avenue, 5m Floor New york, NY 10003 212.229.5349 21222110905166 FAX sn(R)newschouliedu unnoticed>>:me museum-unmet mandamus-alri- a March 7, 20] !iuy liar! Hall East ism Street.- New York, NY 10003 Dear_ I am writing to summarize the discussion and outcome of our disciplinary review meeting on February 24. 201 1. Also present at this meeting uas Mro Justin LL Assistant Director of Student Support and Crisis Management As you are aware, I received information by means or an incident report from housing statrot Stuy Park Residence Hall aileging that you have been harassing another student. According to the report, you had been ringing the doorbell numerous times throughout the day You also posted a Facebmk message on her wall that said love you -tnd I will for the rest ofmy lite." Th: also reported that you recently rang her doorbell around 4:00 AM and when she answered lbe door. you stood there smiling. At our meeting. you said that you may have been Sleepwalkng that your roommates told you that you Sleepwalkr You said that you recalled the 4:00 AM incident as a "strange memory." You also said that you know you should not have done this you wont to apologize to the other student Basted on my review ofme incident, I find that there is sufficient information In the allegations as stifled above. 1 x33 my: found in vinllfign UT Section ILAJ General 55ml: Conduct} and Sgfinn Hat-using Conduct of the Univenifl Student Code of Conduct. You are herebv ulaced on disciplinary (or the Spring 2011 semesten You have also hm rebelled out ol' SM Park Hall and Loch Residence Hall. You were notified via email that you are banned from entering Stuy Park Residence Hall until further notice. [also instructed you not to contact the student rotany reason. During our meeting. you mentioned that you and the other student have a class together that meets twioc a week. However. neither of you need to interact during class. I instructed you not to speak to the student for any reason. You are strongly advised to refrain from engaging in any activity that violates the Student Code of Conduct at any other point in the future. Further violations of the Student Code of Conduct, especially of a similar nature, or other University policy will result in additional and harsher disciplinary action against you. Should you wish to appeal this decision, please refer to the appeal process outlined in Section of the Non-Academic Disciplinary Procedures. Speci?cally, you would put your appeal in writing to Thomas 3. McDonald, Assistant Vice President for Student and Campus Life, 79 Fifth Ave. 5?h Floor, New York, NY. 10003 Or at mcdonalt?lnewschooledu. Please be aware that you also have the right to request that your disciplinary record(s) be expunged. Details regarding the university?s Expungement Policy and the request process can be found on the Student Services and Student Rights and Responsibilities website via As an institution of higher learning, The New School af?rms certain basic principles and values, including respect for law and adherence to fair rules and regulations. We expect members of our community to uphold and abide by the basic principles and standards of behavior that underlie cur educational purpose. It is my sincere hope that y0u utilize this experience as a learning opportunity and take advantage of the educational opportunities being offered to you. . Should you have any questions, 1 can be reached at (2i 2) 229?5349, extension 3653. Sincerely, gm ymgegn Gene Puno-Dchon Director Student Rights and Responsibilities Studmt RI his Responslbililles 2/24/2n1111 AM . Requesl fur a meean Dear-- recelved Informamn hauslng staff at the smy Park Resldence Hall regarding another student- am in the process of the Informatlon and would like to dlscuss the Incldent with you and affer any further or support met. you may need. Please contact my omce at (212) 22%349, adensiun 3653 Ur rspond to this e-mail Wltl'l your availabllity to meet WM me as seen as possible. Slncereiy, Gene Puma-Diem Director Student and Responsibllities 79 Fiflh Avenue, 5th Floor New Yle, NY 10003 112.229.5349 212.229.1050/5166 FAX Student Rights a Responsm lies 2/24/2c1i 1112 PM Re Requesiiora meeting i am available monday at am Thank you far the concern, Student Ms 8i Respensibmfies 02/24/11 11 02 AM Devi i received iniorman'on <> a! (212) 225-5343 exlensiun ass: or respond io this email With your availabllily lo me: with me as soon as passibia. Sincmiy, Gene Punc--DeLeon Director Sluder Rignis and 79 Fifth Avenue, 5m Floor New York' NY 10003 212.229.5349 212 229.1090/5168 FAX sn@newschapl edu Student Ri his 8 Re. Request for a meeting Thank you writing me back. I can meet you on Monday a' 3:15". I hope that is ok. My office ls at 79 5'11 avenue, between 15m and 15th Streets an the 5th floor. Have a good weekendl best, Gene Sludenl and Responsibilih'as 79 Fifth Avenue, Floor New Vark, NY 10003 212.229.5349 2l2.229.1090/51ss FAX srr(C)newsdnuLedu Hello, am available rmnday at 3pm Thank you 'or the concern, Student RI bu Bx Responsibilities 02/24/11 11:02 AM Dear I received ll'lformatlan fiom housing slaw at tne Stuy Park Re51dence Hall regarding another student, - I am ln me plocess of reviewing the infarmation and would llke to discuss me you and offer any runner assistance or support that you may need. Please contact my office at(212) 220349, extension 365! or respond to this e-mall to meet me as soon as possible. Sincerely, Gene Puma-Damn Dll'eclor Student Rights and 79 film Avenue, 5m Floor New York, NY 10003 212.229.5349 29 090/5166 FAX sernewschoallfi 1 From: Student RI Ms ns'bilFties Tn: Date: 3/2/2011 1 . 5 PM Sunject: Missed meeung Hello - I am writing to follow up on our last emans. We were supposed to meet at 3:15pm on Monday. I wouId 5m like tn meet with you to review what was yepaned to my office and no answer any questwons or cuncems that you may have. Please let me know when you can come in to see me this week. Best. Gene Puno-DeLeon Student and Responsibilmas 79 Fifth Avenue] 5th Floor New York, NY 10003 2121295345 FAX me: Maureen Sheridan To: Data Subject: . Meeting me ccunxlor at The New School Hi all, -6ene Puno-DeLaon from student and sent an e-mall to your New School e- mail box oarl' in the week sothat you can racheaule the meetlng from Monday. You can (spend to that e-rnail with your available dates/times (outside or when your classes are scheduled) and be on hand at that meeting from the support slde. If you would like to lalk onaontone, [am availahle to do that as well -- Just let me know when you would like meet. Please don't hesitate to Contact me any quesfions or concerns -- I: look forward to mating with you. Best, Maureen Maureen Sheridan Director, Student Support and Crisis Management The New school 79 5th Avenue 5th Floorl 531 New Vnrk, NY 10003 P: 2124295900 X3159 F: 212129-9217 Tile email and the infomau'un in this message ls confidential information, intended only for the use 0f the individual or entity named abave. If the reader a! this message IS not the 'lntended recipient you are hereby notified met any dissemination, distribution, Dr copy 01mm communicatlao is strictly lryou have received this communlration ln error, please notify us immediately by telephone at 212.22} 5900 x3189 or reply by emall or discard the message. Thank you. Chris Durnler 3/3/201112:02 AM l'rn sending out this email no you and to a counselor at The New Schools Maureen Sheridien- so that the two of you can schedule a time to meet. EMS shendian Sald thatshe would email you sometimes and then you would need to email her when you can meet. Maureen will be able to talk with you about the support the counseling dime can glve you. Mary's cell Is Love, Mom Inch-m numb-r: lucid-m a. lucldum FV . means-mm Incident mm: 'ng ennui Puliu mien-a by: wnnessini: Zane: new: le Schual Gunman by: Farm-De Leer. Gene Germ-Nd on: 25, 2011 In en! Report 201000335 nine: ii on PM No Men>> 1.15: 2/11/2011 penmng Pannel'le I een. Gene um Hese Resieeni Asniee Miibr, RasidentAnishnL Deminzeu- amen SIeesnI Rasmnm. Cassy Damask Smdenl: menenes Bridges mini>>, Rasidanca Heiie Louflan: sun Park Residence Haii Ne Ream sesame locaflon Appieninezsiy 11 mm en Friday Feeiusry II. 2010 en smyvesem MI, I was walking in ma Lobby alevatms wnen security 0mm. Erik Cane; my name He said (hat itwns en iiluafion and (he gums unabln to comm Ihe I walked over and saw ml! (harawua (we students--Line secwiw desk an addIIionai eineei, Bangles Meme Gene: axpia'ymd mm :1 mm a xniie <> i and saiflWhak you ganne sey rim!" lsaid me: i havirn I gm up and (INCIDENT OCCURRED Ii-uuemii ENG spoke wmI me sham what naapenee i Iom 'Hm Ira: ne needad mien eemeone This has been going enim ewinie and me wasiusI In: much A We being en yeu .you men semeene i waiked wim mm new In I aikzd his wiIn Josh 9nd prim cordmnI-Iiens. was I was having I roommaIa wnnid/disngleemem wim- he was Iempoiamy emsn en me bul Imam! very Clea: |o min mall was mi in, and hid ne inieminn mm iikeIneI, Veani ne'siilnea and eein me The waswiie.- saw wha| Happened i I asked whm-wee curlamly,11ay Inna! In-we guess i asked-Io call-end Ink him Ie meei us eewns I immedmrer calm Ales anes, me ARC en eaii, em expiamd Io mm "vs Simatiu'i We IneI Ine security supaw so! should be wne Inen may an Alt-r nangme Mia-kan en Ire office door. Iquickly asked Dogma me ms ems inadsnl Page i oi a [Wei yeah ihey were In ma loom llsienmg la Wuslc and iher-iusuveaked Ha sanzd kissing -unu amblan amch Then he wiml imam. Marian and gal a kmiei Amy Ih'ls verificaflan mm a lame wal mam wielded fin he building I immediamy mam-in WM secumy Secumy knew max me sunervlsarwas on ihe way Via Bayu' secumy alrieerwus sell! I: mom-ll: gel a slams upuaie on-- leaked call cartel made ire call an ind leiayul "n siluauuh . . lime spoke mm -ibov| his cunenl slave. Well, yeah, rm I lile shock-d. Eulth Could you expecl am I eelmiely Veil lmalom ll - sexual assaull lalsu reel gu ny muse i am twani in get anyone in mime car will lile like lhel - Overall Heel ck. Vuu knaw A lmle shock up V'm pk lien cmhie leaving-with RA Damy--l wont unsiall's ll" "1man meet NYPD a dour, around There we imalaisly 7. Wine Wear: in ma lobby. leave mom a my unslexalanalicn. The slim spill inlo mum: mm in lhe sc level in mi wilh me Vlzcim whileihe nslwere io plowed up la. in :onlmni- Shoe lhe seam, supervisor was noi yei pmsenh I awcmpanieeiha aims to- om unhe elevalcr, mullnned In ihe dual ul A police oiflul immea aha announafl memeelves I did no: seewho availed ihe dour, hmev was presenl. They luld himlu pm hi: hands on me air and lay on lha ground Whit on ma gmna in me. nchen. the paling began quesllonlng The security Iupewisar' Mannie, mm up 1mm lhe slahwel And I quicklyaehilelea hm an evems {Leaky ii was all play i was inking around, naming serious We dam somehmes. on so -was over and we wens in male I sighed play liming him yeah mug cm playiul. new you known" He may have said grahbnd him ursumaihlng' grim: wucl'mg "(upon wheiher in MA hi hifl a knlie) yes 79:92 me kn'lla 'mm the but I wasn't like threnening him a' armh ng lwasrfl class In him lwax p'aylng around] Al ihis psihi 5r wiser reaewea a call slnfing "In use sum up and mum were walilngioi il-e In denial whemm u' rial was: chalgas Icalled Aka Bayes in may as mush Iniarmaliun as I could in he: -ieclded in press charges At Ihis pain! he police afiuers needad hm a ordner the vidim'w idem'fy IN Snider". In [hi Em floor halway, 109 "Emmy indud-ing Sal, amlsra belisyei. -as palniamd :uii away nomlhe ohvaw. The l'evalor opered w'nh addiliorlal police officers and --l:ame mil aims eleviwl, hurled mum-nodded hi3 head ammlailvfilyi and "0de back In ihe elavalnr, -was amend i Briefly upon win-m named bilinglyi H. was vying in mil ha swaoi ml could run he was upseL Ne did not ounilci his parenm lewdl'ng 1h: siiunlion Ikem a supporting demeamr and he seemed minimised Ind Ielroshed He was very nnmoilmi WM pol tie and spake with a manila nemaanm Apalice officer menuanea mm No charges would be men>> one involving a weapon/Mill, Mu aim regarding sexual canducl Enlh would beA-Misdameanuls. 'He Wm rave in see a judfia helm he is released l'hls war" he one (IV "lose 13m hold hings rail lo deal ihe labby var-lo be assured om Supervisor Meme said that he would lalluw the iludeni Mr: and (Val Ln "it apart. The "tide". wax mker lo (he 43m Prelim. The lollowmg events hawenm In ihe 51: [Mel om during Mme ul :he mm (REPORTED av RA Dom -es handling mammalian upeleis. Twa NYPD Pollm came inIu a me 99 - and wlas's ln'ulmailun onneir mammalian card: The two game mllceie man asked Wham-r of mi he wankgu'c chimes on --The police Mica" my lulu ihe macaw delhev <swim a Iini. wim -iu vwams io SMIIOH in and bum nu in hang-n. Imam. y" can ius' doihai. awmach someone and 5 Rune on I'm sun 0k. ii in bean a wild mm Na mid in was man-ma rum mg in 3D since me inniuani naypam useWhBYai At this poini, a group ni miners asked w-and k: (anon back w-ia loamy ms knife mined by- We mm io-wna-e-m both mankind Milk wu mar mnfiiualafl by pnhue,' I callua James, RHD cm can, and informed him a! the Siwlhonv i eswded Nan am aHh: ai lbrielly sum again wIm-Ic make we lie I'bf did rm upia| Mm His dameanor and Veallng: rammed me same iwani wiih Dom mm the aim to uehmi -visiieo SluyPark in neck in, We debrieflad as a group and visited wiih mum, in maks sue evawo a had in: nemxary minimum :0 repms. - anv- 121Man 1mm a mi auimg. - wok iew momean io check in mm bum ai (hem All ni--xeyi war. deraawnled Semiin was Named Mlheiempclary plmmantal--Loeh HAH- -ms given key phone numbers (Maureen. Juaun' James), A PNG wt>> we" in Sammy ward: {0-wnll dam mumns RA on duty at ms anivai rim enter me building underanv r. wmsianm. and an pmmai iims war In hy ar' RA. Regan oompiem by Ashlee Miller Heed Wesbem--Sluyvesam Park Mpuudtm mm: -- i . Respondent id: Rupunqom Snide MM: Winn pain: Jwiciai Pun mania ants-annathme malt-hummus! "hummus-"m lililfi flailiifllw . February 15,20" And c-mail: near-- I am writing to summavlze the discussion and uutoume ofrny disciplinmy review meeting with you on February is, 201 l. The purpose ofthis meeting was to review a report filed against you that would slaoe you in violation or the University Student Code Seetions II.A.I (General Misconduct), ILAJ (Disorderly Conduct), il.A.3 (Harassing Conduct), ll.A.4 (Physical Harassment). and ll.A29 (Safety ofOthevs). As you are aware, i had received an incident report from housing staff alleging that you touched a student inapproprime and without his consent, and that you grabbed a knife from the kitchen aflcr he yelled at you According to illC other studcnt's Version of events as stated in ill: report, you and the student, slang your roommate, were in your suite talking and listening to music. You then allegedly shamed to "play hi!" the ollicr student, started kissing him, and grabbed him by the crutch. The student kept saying "No, No. Get nffme!" and also allegedly yelled "Don't flicking touch me like that." The report states that you then went to the and rammed wthe room carrying a"big knife," You also allegedly said "What you gonna say now?" Ascending to youryetsion oi'svents as stated in the you allegedly were joking amund, that you were "play hitting" olher student. and that there may have been "privat: touching." You stated that you did gal the knife from the kitchen but denied thrcamting the other student, that you were not even close to him. and that you were Jusl "playing around." As a result ofdtis incident. tits student alerted security and housing staff, who also alerted the New Vork City Police Department (NVPD). NYPD came to the residence hall, spoke to you, spoke to the student who repormd the incident, and spoke to your roommate who witnessed the event. You were then taken into austody by NYPD and taken to the ls'h Precinct. You were also banned from enmring the Sluy rant Residence Hall until further notice. At our meeting, you stated that you and the other student were ?casual friends? and that you ?always play argue? and ?play hit.? You said that you did say hate you? but you were playing around. You said that you were not kissing the other student and that if you did grab his crotch, it was not intentional. You admitted to going to the kitchen to get a knife, which you . described as a ?let knife. You told me that you could not explain why you got the knife, but that you did say to him ?What you gonna say now?? and that you were tapping the knife on your knee while doing so. I remind you that on January 31, 201], you had a meeting with my of?ce to review previous reports of your conduct in the residence hall as well as during class. Housing staff had temporarily relocated you to another suite pending your disciplinary meeting with me. At the conclusion of my review of the previous incidents, 1 gave you written warning as set forth in my letter to you dated February 9, 201 I. in that letter, I informed you that further violations of the Student Code of Conduct, especially of a similar nature, or other University policy, will result in additional and harsher disciplinary action against you. Based on my review of this current incident and in light of the previous incidents, I have serious concerns as to your suitability as a member of'l?he New School community. Thus, I am referring this incident to the Assistant Vice President for Student and Campus Life for further review and adjudication. Acco in to and consistent with ec ion l[.B.2 terim 4 Suspension} of the NgnpAcademic Disciplinary Emcedum, you are currently on Interim Suspension pending a review of this latest incident. 1 informed you during our meeting that while you are on Interim Suspension, you are not allowed to attend classes or participate on any err-campus events. You can expect to hear from the Office of the Assistant Vice President for Student and Campus Life with further details. Your housing privilege has also been suspended. My office will notify you in a separate letter of a deadline by which you must remove all ofyour belongings from the Stay Park Residence Hall and instructions on who to contact in order to do so. Please be aware that you are now Persona Non Grain and are banned from entering all residence halls and all university buildingsuntil further notice. 1 strongly advise you to review the Student Code ofConduct and the Non-Academic Disciplinary Procedures, which can be found on the Student Rights and Responsibilities website at Pay particular attention to Sections ?.32 (Interim Suspension) and (Level II Review) of the Non-Academic Disciplinary Procedures. During our meeting, I gave you a hard copy of the University Policies Governing Student Conduct handbook. As an institution of higher teaming, The New School af?rms certain basic principles and values, including respect for law and adherence to fair mics and regulations. We expect members of our community to uphold and abide by the basic principles and standards of behavior-that underlie our educational purpose. Sincerely, fs/ gm Gene Puno-DeLeon Director Student Rights and Responsibilities CC: From: Tlmathv Sikorski Tn: Pun0~DeLeon, Gene Dam 2/14/2011 12:31 PM swim: Re: May need security 5mm far-aher we wiil be standing by awaiting your calL Do you want a supervisor at ynur ofi'ice for when you meet? Gene Puno-DeLeon zm/zou 12:29 PM HI Tam and Tim, Justa headsrup." [am waiting for--ho mm: and meet with me. I wili be informing him of his disciplinary status, which includes the suspension of his housing privilege. He may ask in retrieve his beinngings from Stuy Park. I wiil coordinate with housing staff to make sure be Is escorted, but he also needs to have a Security Supervisor with film during that time. give your office a GM later when/if this is gulng to happen laler. Than ks Gene Gene Puno>De Leon Direcmr Student Rights and Wespansibliities 79 Fifih Avenue, 5m Fioor NY, NY 10003 (212) 229-5349, ext 3653 Tom McDonald Linda Relmer; Maureen Sherman; Robert Tracy Robin Gene FuMDeLeon 2/15/2011 11-59 AM "were -- id not show up yesterday to meet Gene as he had agveed to do. This mommg Sflturlly stopped him from entering 13. He then tried to enter through 5th Ave and was turned away HE knew from Maureen and Gene that he was not in enter any school buildings. He '5 coming see Gene at 2 PM today. Theresa Vitals AdvisingFoundation Gene Puno--DeLeon; Nikki Cherry 2,1612011 2:59 PM Joshua Phelps Dr laculty, Your student-- will no longel be attending your course due Ln withdrawing He be removed from yaur rosters in me next week or 90. Feel free to let me know ifyou have any questinns. 35:, Therm Therm male I THE NEW SCHOOL I .'lrivw School of Design Strategies Parsons The New School for Deslgn 2 Wt 13m Street, Rm 506D New York, NY 10011 212.229.5855 X4078 2S2'229l1091 VIE our to schedule an appolmmenr hit newschoal 27 From: Tom McDonald Tn: Linda Reimer; Maureen Sherpdan,' Robert Lulomsm; Tracy Robin CC: Gene Pane-Demon one: 5mm: Gum Morning: -Nas sent the Interim suspension later and has unul Friday afternoon (a Contact me. According to his advlsor, he has Withdrawn the university. Gene is going see ifthat information is accurate, 1 wm keep you updated. Tom serum-ammu- manual-mm um: "Imeer WE NEW v'flilflsi'lt ivebruary 16,2011 And via email: Dear-- write in follow up on the letter sent in you by the office of srudem Rignis and Responsibilities dated Febmary 15, 2011' You met with Ms. Gene l'uno-DeLeon, lhe Director, and were informed in pelsori that you were placed on interim suspension (film the university and your housing privilege was suspended, As indimed in lhul il'ie cumplaint against you has been referred in my amlion. ii is alleged nun on February 1 l, 201 1, you muchcd a studenl inappropiiawly and his consent. and that you tack a knife and made a threatening shipment towards iha! student. According to the report: You and lhe student. along wiih your were in your suile ialking and listening in music You sinned [a "play nil" ihe ofliev siudent, kissed him, and grabbed iris The sludcnl said: 'th No, Get oifrne!" and yelled, "Don't fucking roucir me like that!" You then went to the kiicherx. returned with a knife, begun lapping the knife on your lame, and said, "What you gentle say new?" The student reported lhe incident to security staff and housing sixfi', who later common the New York City Pulice Department. Housing slaffimmedinely filed a report with rile Office of Studenl Rights and if you are found responsble for the allegalians againsl you, sanclions can inclurlc susuensinn or expulsion from the university. Under Section [115.3 cfille university's Nan- Academic Disciplinary lilis complain! will be reviewed by a Disciplinary Review Panel unless you choose lo exercise your right under llus scclion lo waive review by urr panel, in which caseY I will review the complaint and make I determination of responsibility. Please Contact me immed'mtely "you wish to waive review by I Disciplinary Review Panel. [fl do not receive wrincn notification of your intent to waive the panel review by 5:00 PM on Fridny, February 18,201l, i will assume Illa! you rlo not wish to waive your rigln will convene the Disciplinaxy Review Panel You will be notified in writing oflhc date, time, and place onus disciplinary review. Please note that failure to respond and/or participate in the revisw process will mull in a decision being made in your absmw. Should you have any questions, please feel free to contact me at 212.229.5900 3656. incerely, Thomas J. McDonald Assistant Vice President Student and Campus Life CC: miuummnm I'm-lulu" manner-cum" NEW or A Februm'y 16, 2011 iid via - Dw i write m'ronow up on lhe 1m: 1 sent you dmed 16, 201 l. You will: snidmmguis u, review a report filed uguiuuc you if moi-m would plan: you in yiomiou oflh: U'nivrmity Simian! orcimduoi Sections um (Gcml Miscoudm), LLAJ (Disorderly Conduct), 11M (Hmng Conduct]. 1115.4 Hmusmmt), and ll.A.29 (Saftxy oioriurs). my"; and Responsibilities infonned you in a low dated Febnury is, zoi l, am this mmuwa; ooing {dined my offiu Ind am you were on interim suspension lion: die university pending a review um: Ilbpfivns mini: you. in my February 16, 20] I mm you, 1 you am under Section 111.11,: 0M): university's Nan-Amnd Dixiplinwy Procedures, lb: canme would be reviewed by Review Panel unless you choose lo Exclaim your iigu waivc mvicw 17y pool. in which mg I would lei/law Ih: mellint uud make . It is my \mdemanding am you have withdrawn from The New School. If you plun to reapply to any divisian or take any cunlses at imivum'ty, you will and to comm my ofiic: as you will be subject in a disciplinary revicw. Ifyoum found responsible for the mentions ngpinsl you, sanctions can include suspensionm expukiml from the university. Should you have any questim, plus: fze) fireto com 111; at 212.229.5900 3656. Tho 1. MW A vice President all ind Campus Life Wen lg 211812011307 AM Subject: Re Lena! from Assistant Vice President fur Swdent and Campus Lle Hallo' oomanked you yesterday you or my dec on waive renew by panel, would like to plea my case 10! which nu harm was intended. Cnnlacl me al or any details Thank you Student his 7'00 PM Dearfl Attached is a leller 1mm Mr, Thomas McDonald, Vme Presidsm (or Sludenl and Campus LlVe Please 15th m3 IV you are unable to open to alfauhmer'rt. Sludenl Rigms and Responsibllnies 79 Hull Avenue. 5m Floor New York, NY 10003 212 229 5349 21222940905166 FAX srv@newschool.edu 2(15) i} @455 Ed gym-n? . [n bf"- Liv/9,4 m: .. szmammv ., dehf: "My leg/46 #4 -n ?wa army, 711 'w h/xw m'yexaw chQ/g/Ly/A'f 'k MEL a van 3 i -. .A/fw in . Scott, Ronald From: Kena Tennth (Tennean@newsohool edu] Sent: Tuesday, August so, 2011 4.14 PM To: Swim Ronald Cc: Nunherg, erlam Subjecl: FW Re The New School Case No 02--11--2094) /5upplemental Data Request) Dear Mr'. Scott: in reviewing the intormation previously provided by the university in Tab low), we have determined that those documents include reference to only 3 circumstances ot students expressing concerns regarding sexual assault/harassment to the Security Department which, in turn, referred those matters to Rights Responsibilities (student Affairs). As such, we will provide ou under separate cover documents pertaining to the following: -- (so 9/18/2909-- (so 2/12/2911-- 2/13/2011 sincerely, Keila Tennent Keila Tennent>>DeCoteau Associate General Counsel The New School lie Avenue, Suite sea New Vork, NV 19911 (212) 2295.432 ext 4934 (212) 86771913 STATEMENT OF CONFIDENTIALITV DISCLAIMER The inrormation contained in this email message is attorney privileged and confidential information, intended only For- the use of the individual or entity named above. It the reader at this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy or this communication is strictly prohibited, IF you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e-mail and delete or discard the message. Thank you. "Scott, Ronald" 8/24/2911 2:26 PM Dear MS. Tennent, MS. Nunberg and i need to make another supplemental data request, Specifically, following-up on our telephone discussion on Monday, please provide the following data: with respect to the "Security Department Reports of sexual Assault/Harassment" provided by the University in Tab 14(b) of the University's data submission to ocx dated June 16, 2911, please provide all documentation (IDgs, notes, memoranda, or other documents) that the office of student Rights and Responsibilities maintains concerning the handling of each report 01' sexual assault (or inappropriate I unwanted sexual contact) contained within this tab. Also include all documentation regarding reports made to the Elf--fine of Student Rights and Responsibilities by students of sexual assault or unwanted sexual Contact where the student complainant declined to pursue a formal investigation. Also, regarding proposed dates and times for interviewing Sheridan, we wanted to clarity that we are available in the afternnon on September 1J but are not available during the haul-s. should you have any questions or concerns, please feel free to contact us Thank you sincerely, Ranald Scott, Attorney Us. Department of Education Office for civil Rights 32 old slip. 26th Floor Financial Square New Vork, NV 19065 Phone: (646) ozs-atzo Fax: (545) lug-3343 Email: Miriam Nunherg, Attorney u.st Department of Education Office for civil Rights 32 Old Slip, lath Flour Financial Square New Vork, NY 19995 Phone: (646) 413-3339 Fax: (646) 423-3343 Email: Miriamhunber ed. ed. ov> From: scott, Ronald Sent: Tuesday, August 23, 2811 3:21 PM To: 'Keila Tennent' uunherg, Miriam Subject: Re: The New School (moot/001 case No. 0241-2894) Interview Request) Dear Ms. Tennent, Thank you again For arranging the interviews that we conducted yesterday and ror providing a copy of Ms. Puno De Leon's correspondence with-- we look forward to speaking with Mr. Iliceto on wednesday, August 31, at 19:60 an. ln addition, we would like to schedule a telephone interview with Maureen Sheridan, Director of the Office of Student Support a crisis Management, preferably on August 31, we are available 2 on that day anytime following Mr. Iliceto's interview. we are also available to interview Ms. Sheridan on Thursday, September 1, anytime between the hours of 9:36 a.m. 5:66 p.m. Thank you again for your efforts to arrange all requested interviews; we'll await your confirmation regarding the proposed interview date of August 31 or September 1 to interview Ms. Sheridan. As always, Should you have any questions or concerns, please feel free to contact us. Sincerely, Ronald L. Scott Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 16665 Phone: (646) 428-3826 Fax: (646) 428-3843 Email: Miriam nunberg, attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 16065 Phone: (646) 428~3836 Fax: (646) 428-3843 Email: Scott, Ronald From: Keila Tennent [TennentK@newschool.edu] Sent: Wednesday, August 24, 2011 2:36 PM To: Sco?.Ronam Cc: Nunberg, Miriam Subject: FW: Re: The New School Case No. 02-11-2094) /Supp emental Data RequesU Ok, we will work on gathering these documents. With regard to your interview of Ms. Sheridan, we would like that interview to occur immediately following Mr. Iliceto's or approximately 11:30 am on 8/31. ,Please confirm if that time works for you both. Regards, Keila Tennent. "Scott, Ronald" 8/24/2011 2:26 PM Dear Ms. Tennent, Ms. Nunberg and I need to make another supplemental data request. Specifically, following-up on our telephone discussion on Monday, please provide the following data: With respect to the "Security Department Reports of Sexual Assault/Harassment" provided by the University in Tab 14(b) of the University's data submission to OCR dated June 16, 2011, please provide all documentation (logs, notes, memoranda, or other documents) that the Office of Student Rights and Responsibilities maintains concerning the handling of each report of sexual assault (or inappropriate unwanted sexual contact) contained within this tab. Also include all documentation regarding reports made to the Office of Student Rights and Responsibilities by students of sexual assault or unwanted sexual contact where the student complainant declined to pursue a formal investigation. Also, regarding proposed dates and times for interviewing Ms. Sheridan, we wanted to clarify that we are available in the afternoon on September 1, but are not available during the morning hours. Should you have any questions or concerns, please feel free to contact us. Thank you. Sincerely, Ronald L. Scott, Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 10005 Phone: (646) 428?3820 Fax: (646) 428-3843 Email: Miriam Nunberg, Attorney u.s. Department of Education Office for civil Rights 31 old Slip, 26th Floor Financial Square New Vork, NV 19905 Phone: (645) 42873830 Fax: (646) 428-3543 Email: Miriamhunher ed. ed. ov> From: Scott, Ronald Sent: Tuesday, August 23, zen 3:21 PM To: 'Keila Tennent' Nunherg, Miriam Subject: Re: The New School case no. 91-11-2654) lnterview Request) Dear MS. Tennent, Thank you again for arranging the interviews that we conducted yesterday and for providing a copy of Ms Puno De Leon's correspondence with -- we look torward to speaking with Mr. lliceto on wednesday, August 31, at 15:39 an. In addition, we would like to schedule a telephone interview with Maureen Sheridan, Director of the Office of Student Support a Crisis Management, preferably on August 31. we are available on that day anytime Following Mr. Ili?eto'? interview We are also available to interview Ms. Sheridan on Thursday, September 1, anytime hetween the hours of 9:33 am. -- . pun. Thank you again For your efforts to arrange all requested interviews; we'll await your confirmation regarding the proposed interview date of August 31 or September 1 to interview Ms. Sheridan. As always, should you have any questions or concerns, please feel free to Contact uSi sincerely, Ronald L. Scott Attorney US. Department of Education office for Civil Rights 32 Old Slip, 26th Floor Financial Square New Vork, NV 10995 Phone: (646) 42373329 Fax: (646)11283843 Email: Ronald.Scott edi ov Miriam nunher'g, attorney U.5. Department OF Education attice for civil Rights 31 old slip, 25th Flour Financial Square New york, nv Phone: (645) 423-3339 Fax: (646) 423%st Email: Miriamflunberge fled .gov) 2 Scott, Ronald From: Sent To: Cc: Subject: Dear Ms. 'l?ennent. Scott. Ronald Wednesday, August 24, 2011 2:27 PM ?Keila Tennent' Nunberg, Miriam FW: Re: The New School Case No. 02-11-2094) Supplemental Data Request) Ms. Nunberg and I need to make another supplemental data request. Speci?cally, following-up on our telephone discussion on Monday. please provide the following data: 0 With respect to the ?Security Department Reports of Sexual Assault/Harassment" provided by the University in Tab 14(b) of the University?s data submission to OCR dated June 16, 20] I, please provide all documentation (logs, notes. memoranda, or other documents) that the Of?ce of Student Rights and Responsibilities maintains concerning the handling of each report of sexual assault (or inappropriate/ unwanted sexual contact) contained within this tab. Also include all documentation regarding reports made to the Of?ce of Student Rights and Responsibilities by students of sexual assault or unwanted sexual contact where the student complainant declined to pursue a formal investigation. Also, regarding proposed dates and times for interviewing Ms. Sheridan, we wanted to clarify that we are available in the afternoon on September 1. but are not available during the morning hours. Should you have any questions or concerns. please feel free to contact us. Thank you. Sincerely, RONALD L. SCOTT. ATTORNEY US. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26TH FLOOR FINANCIAL SQUARE YORK. NY 10005 PHONE: (646) 4283820 (646) 4283843 EMAIL: MIRIAM NUNBERG. ATTORNEY US. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26TH FLOOR FINANCIAL SQUARE YORK. NY 10005 PHONE: (646) 428-3830 (646) 428-3843 EMAIL: From: Scott, Ronald Sent: Tuesday, August 23, 2011 3:21 PM To: 'Keila Tennent' Cc: Nunberg, Miriam Subject: Re: The New School Case No. 02-11-2094) Interview Request) 1 Dear Ms, Tenncm. Thank you again for arranging the interyiews ihat we cnnduclcd yesierday and ror providing a copy orMs. Puno Dc Leon's correspondence with -- We look furward to speaking wiih Mr. on Wednesday. August 31. at 10:00 am. In addition. we would like to schedule a telephone interview with Maureen Sheridan. Director orthe ()flice ofSludem Suppon ('risis prererahly on Augusl 31. We are ayailable on that day anytime following Mr, Ilicelo's interview. We are also ayailable to inten/iew Ms. Sheridan on Thursday. September 1. anylimc between the hours of9:3[) z.m. 5:00 pm dink you again for your cffons arrange all requesied interviews: we'll await your euniinnation regarding the proposed inleryiew date ol'Augusi 31 or Seprernber 1 IO interview Ms. Sheridan. As always. should you have any queslimls or concerns, please feel lree to eoniael us. Sincerely. RONALD L. scorr Arronsz 5 DEPARTMENT or EbucATloN Orric: row Riem-s 32 OLD 5m. 26'" FLOOR sauna vow, NY PHONE. (GAS) 4293920 Fax. (611674253843 it 5! Hal NUNBERG, A'rromtav US DEPARTMENT OF EDUCAYVON OFFICE FOR Civn. RIGHTS 32 OLD SLAP, 26M FLOOR SQUARE New YORK. NY H1005 i646) 4283830 FAX: (646) 42873843 Scott, Ronald From: 3Com Ronald Senl: Tuesday, August 23. 2011 3 21 PM To: 'Kella Tennenl' Cc: Nunberg' Miriam Subject: Re The New School Case No 02-11-2094)/ lnlefvlew Requesl) Dear Ms Tennent. Thank you agnrn ror arranging the inrmicw Punu De Leon's with that we conducled yesterda) and for providing cup} ost. We leak l'umurd to speaking wilh Mr. lliecle on Wednesday. August 31. at 10:00 am, In uddilio . we would kae lo schedule a lelephone wilh Maureen Sheridan. Director olth Ufl'rcc ofsrudem Support Cm>> preferably on August 31. We are available on thal day anylime following Mr, llicelo's inlerview. We are alsn available In inlerview Sheridan (m 'l'llursday. Seplembcr l. anytime bemcen the hours \1l'9:30 1m. 7 5:00 pm. Thank you again for your crruns arrange all rcqucalcd ws. we'll awail your confirmamm regarding the proposed dale ol'AugusI 3] or September 1 to imewiew Sheridan, As alwa should you have any queslions or eoneenls. please feel free lo Contact m. Sincerely. RONALD Scurr AWORNEV L1 5 Danmww 0F Enucmm one; on CW 3? 0m) w. noon FINANUAL SOUARE NEWYORK NY PHONE (6467 42332320 Fax (64614283543 [LqNALDficprreED NUNEERG ATTORNEY 5. DEPARTMENT or FOR 32 OLD SLIP. FLOOR FINANCIAL SQUARE NEW YORK NV PHONE (646) 428-3830 FAX (646) 423-3843 EMAIL Scott, Rona|d From: Keua Tennth {TennentK@newscnool edu] Sent: Monday, August 22 20114 24 PM To: Scott, Ronald Cc: Nunberg erlam Subject: NI 2 094 Attachments: Sorry 7 attached. "Scott, Ronald" 3/22/2011 4:21 PM Dear Ms. Tennent, Thank you in advance for providing this information, however, the attathnent did not Come tnrougn on tnis endl Could you please try resending? Thank you again. sincerely, Ronald L. Scott Attorney u,s. Department of Education office For CJle Rights 32 old Slip, 25th Floor Financial Square New York, NV leeas Phone: (545) 428-3820 Fax: (646) 428-3843 Email: 0! Web: 0(7' original Message-~- Fr'o Keila Tennent sent: Monday, August 22, 2911 4:11 PM to: Nunberg, Miriam Cc: Scott, Ronald subject: Re: OCR case No/ 82412694 Dear Ms. Nunberg Mr. Scott: Attached is Ms punu>>ueteon's correspondence with -- I am also (onfir'ming Mr. niceto's interview on August 31st at 19 am. 'rhanks Keila TennentrDeCoteau Associate General Counsel The New School 39 5th Avenue, Suite 290 New Vork, NV 16011 (212) 229-5432 ext A934 (212) 86771913 STATEMENT OF CDNFIDENTIALITV DISCLAIMER The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e-mail and delete or discard the message. Thank you. .5 .n I nllf: .5. 1/18/2011 GPD and .Yleet with--1e was natlfied in person (hat he win be required in move in anulher residence hall pending me invesiigation mm the compiaim againsi him. He was aiso in person am he will not be allowed back into suiy Park (we) unm lunher noticei 1/13/2011 -- sent fallnw-up e-mail tin-mm location of new vesidance and remlnder of PMS. I called mm Joyce to update he! RHD Corben was on jury duiy, but hauslng siafl knew or me "lave, nm the of commaint. 3/1/2011 'e-malled GPD that she saw swamp-in 13'" Street cafeteria. GPD responded that he is banned. 3/1/2011 -- GPD sent Elmail to Security With updated infurmarion about we names, including- 3/15/2011 - GPD resent PNG nn-o security. qudent Righrs -- Ll, Justm Date. 2/18/2011 12:31 PM Subject Fallowing up on our meeting Henc-- As per our meanng earlier today, yau are being temporal-w relocated to the 2am Street Ralaence Hall ding the full review of me Incident reported to my office. Vour new space at 20th Shea is room a You shouki go aver between 7pm and 10pm pick up your key and settle IMO the SURE. Afler 109m, you will not be allowed access back into Stuy Park until further mkice, so yuu should take as much of your bekmgings as you can I will be In mum with you about the "at steps in the process. Thank you agam far coming In be met with me and LI this morning. 8m Gene Puno-DeLeon Director Student Rights and Responsibllilies 79 m. Avenue. 56. Floor New Vark, NY 10003 212.229.5349 212.229.1090/5166 FAX From: Gene PuaneLeon Tn: Li, Justin; Robert: McDonald, Tom; Robln, Tracy; Shevidan,.. Date: 2/13/1011 4:57 PM Suhjem Update on Sexual Misconduct ase Hello everyone, I met withfihe accused student, at Jamal", Justin was present during the meeting. I explalned to what (he WEE. explained his lighLS, QBVE Co of the handbook, and then proceeded to give him lhe daails shared bv HIS version of events aim in that he did not feel he warned her and he was adamant that he did not do anything against her will. I read him the texts that Jenniier sent rne and he confirmed that the rats were accurate. 1 will type up the notes an Tuesday for the file. During the meeting, 1 mid him chat he would have to temporarily move to 20th street starting this evening He is leaving tomorrow night for Montreal and will return Mondayr I sent him an e-mall with on when to get his keys and that he is PNG from stay until turthet name. He said he would comwa Rob natmed its staff about this temporary move. And 1 spoke to Kelly 1m 50 that she knows that once -is over at 20th St, that he is PNG and the deactivate his card there. I mid him that I wuuld folluw up next week with the next steps in the pmcess and that the AVP of Student and Campus Llfe was aware of the inddent. Thanks and have a good weekend. Gene Ms. Gene Puno~De Leon Diiecwr Student Rights and 79 th Avenue, 5th Floor NV, NY 10003 (212) 229-5349, em. 3653 3575372611) Gwen Fairway leuerio'Bur meau' hm: 5mm RI Ms ibillns Th: Ila/1011435 PM 5mm: Form Imam: m: memng Iii-Mm near-- Iwrme in mm up our meeting on May, February 18, 2011. Amman Is my summary 01mm mening, As per my letter, xam retarnng nus modem to Mr, Thomas J. Moanm Assistant Vice President for student and Campus me. Iwnuld also like sneak to one dycur parems we address any quesmns my may have arm: these recent events. please provide mm the name and number ofone nfynur parems whom you have spuluw lo regarding this You an also feel (me to pmda them with myofficr number (212) 229.53'5 3553 and Urey an ca" my office or at men :adies! cnnuememr. Should you have any or concerns, please do no: mama to cum me, sincerely/r Gene PunorozLeon Dlredor srmenx RIng am 79 mm, 5m Floor New wk. NV 10003 212.129 5349 212.229.1090/5166 FAX Wcm.w registration--um Aim-9mm mm." NEW Wii'l'llimi. a tvittuntrv February 24, mi i Ewe! !Esl!ence a 300 West 20'" Sheer, New York. NY iotill And via Hnail: I am writing to summarize tho discussion and outcome afmy disciplinary review meeting with you on February |8,2011. Also present at this meeting was Mr. .luslin Li, Assistant Director ofStudent Support and Crisis Management. The purpose oflhis meeting was to review a report filed against you that lfalccuratc would place you in violation ortne University Student Code nfC'ancluct Seotious ll,A.i (General Misconduct), (Physical Harassment), and die University's policy on Sexual Assault and Sexual Harassment As you are aware, I had received an report from a female student alleging that you rouohed her inappropriatrly and coerced horinto sexual aclivlty against her will. Another female student recounted an incidam: last (Fall 2010), during which you asked her questions ofa sexual nature which she found inappropriate. According to the ropon: on Januzuy 30" around 7pm, you and tho female student were chatting on Facebook. She [hen invited you to come over aoross the hall to her suite While til: two ofyou were "hanging out", you began in give her a massagc. The mnsagt: beam: sexqu when you began to massage her breasts. You also pulled down her but whloh made her real You also kissed her on the ohoelo The activity stopped when she told you she needed to go to the bathroom. You then said you would just lcavcr Some limo later that evening, the remit student messaged you on Fuccbook about how the previous activity was not appropriate and she stated that it will not happen again hotweett tho two olyou. Vou did not want to continue the conversation over Facelmok chat, so you asked if you could come Over to which she agread. You returned 801055 the hall and the {cmale student reported that you gave her a hug. She told you that the hug was not "0k" and you complied. The two or you were talking and hanging om hut then you eventually coerced her into making on! (kissing) which took place on her bed. She reported that while making?out, ?dry humped her.? You also pulled down her pajama top off of her shoulder and her bra, and kissed her bare breast. She said N0 multiple times when you kissed her breast, but you just continued. You also placed your hand on her crotch (outside her clothes), she said NO multiple times and moved your hand away multiple times, but you continued. The student added that shortly before any activity began, you said something to the effect of ?let?s have sex? and ?I?m clean. You?re on birth control.? She responded. ?No, that?s not The activity ?nally stopped around 2am. You remained in her room for another 45 minutes. The student had asked you ?when are you going to leave?.? You stated that you had to pray so you remained in her bed. When you ?nally got up to leave, you first hid behind the door of her room to make sure no one was in the kitchen. You I then hid behind the dour in the kitchen to make Sure no one would see you leaving the suite. She then texted you the following day regarding the incident. At our meeting, you said that you did go over to the student?s room to hang out and talk with her. You said that you did massage her, rubbed her back, but that it was nothing sexual. You recalled that you did touch her breast, but noticed that the situation became ?awkward? so you stepped the massage. You stated that the farthest it went that evening was kissing and touching her breast, but you felt that you did not do anything against the female student?s will. You added that since it felt awkward in the room, you decided to leave even though you felt she wanted you to stay. Later that night, you returned to her room after brie?y chatting on Faccboolt. You said that you suggested that the tyvo of you kiss and ?see how it goes.? You said that you did remain in her bed after making-out but did not think you were there for 45 minutes. Before you left, you did check to see that no one was in the kitchen and no one was in the hallway because you did not want people seeing you walk out of a girl?s suite. You said that you live in a Freshman dorm and did not want rumors spreading around. Throughout our meeting, you stated that you never went against her will during any of the activity and that you both consented to kissing. During our meeting, I also read you the texts that the female student sent to my of?ce. You con?rmed that those were the texts you had exchanged. 1 also notified you that you were temporarily being relocated to the 20?h Street Residence Hall, Room 6001 effective Friday, February iS'h, pending the review of this incident. I informed you that after you relocate, you will not be allowed to re-enter the Stuy Park Residence Hall until further notice. You are also prohibited from entering any of the other residence halls until further notice and your guest privileges have been suspended until further notice. Based on my review of the infOrmation reported to my office, I am referring this incident to the Assistant Vice President for Student and Campus Life for ?irther review and adjudication. You will be noti?ed by the Assistant Vice President of the next steps in the process. 1 strongly advise you to review the Student Code of Conduct and the Non~Academic Disciplinary Procedures, which can be found on the Student Rights and ReSponsibilities website at Pay particular attention to Sections 11.3.2 (interim Suspension) and 1113.3 (Level II Review) of the Non-Academic Disciplinary . Procedures. During our meeting, 1 gave you a hard copy of the University Policies Governing Student Conduct handbook. As an instituti?n of higher learning, The New School af?rms certain basic principles and values, including respect for law and adherence to fair rules and regulations. We expect members of our community to uphold and abide by the basic principles and standards of behavior that underlie our educational purpose. Sincerely, Isl gone Gene PunwDeLeon Director Student Rights and Responsibilities CC: Quesion Page1 From: Gene PuncheLeon To: Dale: 3/1/2011 10:27 AM Subjad: Re: (major. Hello_ The ament iscurrenuy banned (mm entering all rsldence halls, including 13m street. I will follow up w'nfn security. Gene MS. Gene PumHJe Leon Director Sludent Hans and 79 Fm Avenue, 5th Floor NV, NY 10003 (212) 225-53A9, at. 3653 AM So I have run mm _he1me at the 13th Sheet dorm cafetena. Since reporting it, I am afrald go there since I could run mm him. Is he allows Mere? If he can go there, can I please have my meal plan lefunded since I I wont use it up. Thenlsl sent via DROID on Verizon n>>_beLeun - Qua'suon I!ene lune-Dewar!" 3/1/2011 10:52 AM Re: Queslion Alngm hanks! I have not been [here si'lw mpunmg n, so I have no idea WM has beenmere recently. Sen! Via on venzon Wreless message--~- Subject Re. Queslion Henn-- The siudenlis Curran")! banned from emetina all residenw halls, inc'udinu 13m skeet lwiH Yellow with secur'fly. Gene Ms. Gene Puuo-De Leon Studem mums and 79 Finn Avenue' Floor NV, NY 10003 (212) 229-5349 an. 3653 3/1/2011 mm AM So I have run slurs all ma 1am Street dorm cafeteria, Smce mponmg I am afraid to go mere since I could run mm mm, Is he alluwed mere? Ii he can go mere. can I please hm my meal plan rammed since I know won't use it up. Thanks! Sen! via DROID on Verizon WWJESS P2991 From: Gene PunorDeLecn Thomas; sukersin, Timothy Cumm, Kale; McDonald, Tarn all/Ion 11:07 AM subject Names for PNG Hi Tom and Tim, Some 07 the names, you both knew about already, but here's more info. The following should from ALL Reissue Halls. n5 was harminan meme to numerous violations. He was previously In Stuy then moved in 20th. He still has belongings in lhe dorms, but he musz mnraa me to get am. His lather left me a message yesterday saying thai - saw his PNG poster at and. street. -- PNG from ALL Raidence nails except 202i. St when: he runeniiy resides. He hasa mmplaint pending against him. His mmplainant reported seeing him at the 13m Slreet Careleiia reoeniiy, but did not specify when. -- PNG hm" Stuy Park only. Has Elm: moved to Loeb Hall. Allegedly smiinng his neighbor dL Smy Park. --marstudent, was from ALL buildings and res nails: EX-hf of a student who inreaxened KO her. -- mn-- student, PNG From ALL buildings and res halls. Ex--bfof a student who said he was going to enter dcmis to find her. Dacrlbed as tall, having a Polish accent and brown hair. 11'! have anymore names or need in change scams 01' any of the ahwe, i'll let you knew, P5 always, call lf eimer of you have any questions. Thanks Gene Ms. Gene Purlo-De Leon Dlrector Student Rights and Responsibilities 7; Fiflli Avenue, 5m Floor NY, NY 10003 (212) 2295349, ext. 3553 ?011) Sene PunurdeLeon - Sludem narfie From: Gene PuwDeLeon To: Meta, Thomas Date: 3/15/2011 11:55 AM Sum Re: Student name DescriW'wl' 5'7" - 5'8" in height, husky bum}, Nick hair almost touching shoulders, dark ey%. I'll send a photo if! am able to getone. Thanls for your hem Tom. Ms. Gene Pane-De Leon Dimdar Student and es 79 Avenue, 51h HWY NV, NY 10003 (212) 229-5349, 51.3653 Thomas mam 3/15/2011 11:48 AM Gene, Can you send me a asamuan and cos Iwanno update me me we have and reissue. Tom Thomas "km Dim of Security The New School 55 West 13th St Menanine Mm York, New York ?0011 212-219-5101 4275 II Gene Puna Demon 31111011 '3 AM manks Tom, Ms' Gene Leon Dwectur S'udenl Rams and Rfipansihilities 79 Fm Avenue, 5th Floor NV, NY 1W3 (112) 1296349, ext, 3653 Scott Ronald From: Kena Tennent [fannentK@newsohool edu] Sent: Friday, August 19, 2011 920 AM To: Soon, Ronald; Rachelle Gaston Cc: Nunoerg, Mmam Subject: Re OCR case No/ 02-11-2094 Attachments: -Ernalls -- Kelly Gallagher (Joyce).doc Thanks. In advance of and to Facilitate your interview of Ms. Joyce, 1 am attaching a summary of the communications between--and M5. Joyce. Regards, Keila Tennent-DeCatEau K6113 TennentrDeCoteau Associate General Counsel The New School 80 5th Avenue, Suite 860 New York, NY 19011 (212) 22975432 ext 4934 (212) 887-1913 STATEMENT OF CONFIDENTIALITV 8. DISCLAIMER The information contained in this email message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader ot this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please noti+y us immediately by telephone 2121295432 or reply by email and delete or dlscar'd the message. Thank you. "Scott, Ronald" 8/17/2011 9:16 N4 Dear Ms. Gaston. I am writing new to confirm the date of August 22nd for interviews starting at 9:69 a.n. would you kindly provide the number we should call. Also, I'm attaching a copy of OCR's Notice of lnterviewee Rights. Shuuld you have any questions, please Feel free to contact us, Thank you again. sincerely, Ronald L. Scott Attorney u.s. Department of Education office for Civil Rights 32 old slip, 25th Floor Financial Square New York, NY 10005 Phone: (646) 428-3820 Fax: (646) 428-3843 Email: Ronald.Scott@ed.gov Web: Original From: Scott, Ronald Sent: Thursday, August 11, 2011 4:01 PM To: 'Rachelle Gaston' Cc: Keila Tennent; Nunberg, Miriam Subject: RE: OCR Case No/ 02-11?2094 Thank you for this information Ms. Gaston. The date of August 22nd and the time slots for each witness look fine; however, I just need to confer with my colleague Ms. Nunberg. We will be in touch shortly to confirm. Thank you again. Sincerely, Ronald L. Scott Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 10005 Phone: (646) 428?3820 Fax: (646) 428-3843 Email: Ronald.Scott@ed.gov web: Original From: Rachelle Gaston Sent: Thursday, August 11, 2011 3:55 PM To: Nunberg, Miriam; Keila Tennent Cc: Scott, Ronald Subject: RE: OCR Case No/ 02-11-2094 Good Afternoon, All parties involved are available for the interviews on Monday August 22nd starting at 9am according to the time slots that you required. Kelly Joyce 9 am (for 45 minutes) Linda Reimer: 9:45 am (for 1 hour) Gene Puno de Leon: 10:45 (for 2 hours) Thomas Iliceto: 12:45 (for 1 hour) Rachelle Gaston Secretary Office of The General Counsel The New School 86 Fifth Avenue, Suite 866 New York, NY 16611 Phone: (212) 229-5432 x4929 Fax: (212) 867-1913 E-mail: gastonr@newschool.edu STATEMENT OF CONFIDENTIALITY DISCLAIMER The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e?mail and delete or discard the message. Thank you. "Nunberg, Miriam" 7/27/2611 3:36 PM Dear Ms. Tennent, We have reviewed our schedule and it looks like the week of August 22nd is open for interviews. We would like to try to interview everyone on the same day, if at all possible. The following is the list of witnesses, with approximate interview that we would like to propose. We would like to start at 9:66 am. Kelly Joyce - 45 minutes Linda Reimer - 1 hour Gene Puno de Leon - 2 hours Thomas Iliceto - 1 hour We will call you tomorrow at 9 am to finish up the interview with Tom McDonald. Hopefully we will be done by 16:66. Miriam A. Nunberg Staff Attorney US Department of Education Office for Civil Rights 32 Old Slip, 26th floor New York, NY 16665 646-428-3836 (voice) 646?428-3843 (fax) miriam.nunberg@ed.gov Fi-dnu -- Monday . September 5, 2010 9:17 PM To. Kelly Gallagher Subject: qucstion So I would like to talk to you about a. issue when you have umu The issue is not anyihing involving any room or suitemales andI can wail as long needed 10 ialk to you about ii, 1 decided lhuugh min ll would be bssi WI 561 up a meeting with you When can 1 ialk 10 you aboul this? 1 can meet uiih you unyiuns afler 10:30 on Mondays and Wednesdays, anyfime after 4:30 on Tuesdays and 'I'huzsdays, anyume afier I 1 30 on F1111ays,and all day on Samrday and Sunday. Thank you so much! From: Kellv her Tuesday - September 7, 2010 10:16 AM To: Subject: Re: qucstlan Hallo- can wuh you tomorrow {Wednesday) at 11am. Kelly Frmm-- Tuesday - September 7, 2010 11:54 AM To: Subject Re' question Iac1uaily have ajob interview then The closest I can do In thal lime is 12:30 or later. Thank you so much! From: Kell Gall: her Tuesday -- September 7, 2010 12:03 PM To: Subject: Re: qllesliun 0k, I can see you at l'30pm. Kelly mim-- Tuesday-- September 7, 2010 12:07 PM To: Kelly Gallagher Subject: Re: quesuon Thank you so much! 1 will see you 111ch 1 met with -dz iho damin dm abovev _reque51 wad- i-agurdmg her per car. which ,th wan/ed In have [we wilh her I explained our 110 pet polio). She uxpluimd that her all her; leplzraiion anxiety and hoped an exception could be made for her as ii had balm/bf a student with a service dug I explained tho! the talker rim/ems service dog was an excepzion since our priority is our lime/ants and he medically needed this dogx alriyislance. From" To: Kelly Gallagher Subject: l-lanmrkah I realized today that there i was promised the first day by you that there would he a manorali lighting with a light bullied menorha dufing l'lamtukahi This ls no longer happening and there is just the one event tonight and the Jewish Student Union party on Friday, This only covers two ofthc nights ofHannukal-l. I talked to the president ofthe Jewish Student Union and she has allowed me to barrow a manorah for the building to use. I would like to be able to do a ceremony every night (Except tonight and Friday because events are offered) Would it be possible to have the building pay for food and candles since they pay for food for every other tiny event. This should draw a croud since there are a lot ofJeWisli people in the building and a big part ofthe holiday is food and candles. Thank you so much! From: Wednesday December 1,2010 3:41 PM r: a ag er Subject: update So the president ulthe JSU spoke to someone named Linda, I forgot her last name, but she ls very high up. Linda said that she will make sure every hall has a manorah with lights and thal something will be done every night starting tomorrow. I can keep you posted on everything if you want, but it looks like you will be notified of everything without me From: Kellv Galla her Thursday - December 2, 2010 1:31 PM To' Subject. Re: update Hi- lt sounds like the president spoke to Linda Reimer. Each residence hall does have a light bulb equipped manorah. Outs was used last night for the program, but you will see it out again this evening in the lobby. However. we won't have a program every night ofHaunukah. If you would like to reserve space and/or borrow the lnauorah, please let me know and I can arrange that for you. You can also work with your RA or Hall Council liaison if you'd like to in the planning 0le program in the building. We have also allowed for JSU to use space for their programming if you'd like to work with them in planning a program. Wednesday - December 1, 1010 3:17 PM Cordially. Kelly Joyce From: -- Thursday - December 2, 2010 5:25 PM To: Kelly Gallagher Subject Hanukkah So I will figure things out about Sunday night at the meeting with hall councel tonight, butjust assume that 1 am doing Hanukkah at 7an every night unless i inform you otherwise. Thank you so in uehl From: Kelly Gallagher Friday - December 3, 2010 1:39 PM To: Kelly Gallagher Re: Hi- If you would like to put a sign on the study lounge to reserve that space each night for prayers, you have lny permission to do so. I know that Hall Council has a program on Sunday already and we typically do not have multiple program in the lounge on one night, but again. it's fine to use the study lounge for prayers. Plane know that if a RA does a progam of an educational nature. it is typically proposed and discussed with their Head Resident a week in advance. If you want to help plan a program. please make sure to provide advance notice to the RA, so that lie/she can propose and discuss it, then reserve the purchasing card. and make all the necessary preparations. This means that you probany shouldn't expect 10 have "free food" for each night of Hanukkah. Kelly Joyce From:q Friday - December 3, 2010 9:52 PM To: Kelly Gallag er ubjecl: Wednesday Night So the president of lsu and talked about how l-lall Councel gave me approval to have a big last night ofllautukka celebration on Wednesday. Sandy and I decided to turn it into a JSU event since we will get a bigger turn out and we can use the JSU budget instead of the dorm'se is this (lit with you? Also Sandy wanted me to give you her phone number so you could gel ill Contact with her. Her phone number is 516-581-5975. if you have any questions please reel tree Io contact either of us. Thank you so much' From: Kell Galla her Monday December 6, 1010 9:15 AM To: Subject: Re: Wednesday Night Har- Thai sounds great, Will you still be using our space? Ifso, which room would you like [0 ruquesl to us: whai lime, eic? Kelly 0n mare-m dlly. .ishvd mo i/lhere would be programming LIL/ring Ihe Jevmh holiday lioldher thar we du oflen perform programming In pruan mullicullumlisni and encourage .wuclenl: lo bring idem to our sill/I As she mm/iom abovc, our sniff u-nrkudflir 2 weeks on Ol'gafliZiNg where were bl'oughl to [ll/end the [anal communin manurllh lighting and wlunicered handing on; gif! bagli lo z'hildi'arl lhal nighl. -1'us oil-b pr'nvldud 260de [a the building manomh and given rei'erved splice wok nighl. per her reqml Sin and I L'nrlvetsed regarding this manner also She l'qulesled/ullding/ar (very nigh! I explained our lid/fund student leaders (In hull council iypi'calbi plan Illel'r events a week in advance properly plan ondpromolr a program 1 l'ecammanded Io-la wui-h- wilh hall council and/or 11 RA lo o/jei- on idea/or a program 1 .mid I would make on ercepliah an inn limelme (43 long in was responsible use afihn budget, which comes fry/n molenl money, 0h lhe ilrn liighl ufherpi'ogmm. she called RA Emergency phuile and (Liked ihm to pul'L'humV/Zlod/or that nighl, so [provided the abalmfollmluup email In plan a program wilh (he Hall Colmflil for rho hm nigh a] Hammkuh From: Leah "'eich Friday - December 3, 2010 12:55 PM To: Justin Li; Kelly Gallagher; Lenny Zciger; Nancy Smith Subject Bullying incideni in Siuy park Dear Colleagues, was notified afunguing bullying ofFreshmandmis a Lang Freshman residing in Stuy Park. The inci em as repone to me jus' now _seminar fellow Apparent] am of? on the foot in me beginning of the term wiih another freshma ade 3 comment that rubbed the wrong wav and apparen some 0 er lien -becams involved and have cyberr bullied is afraid to come forward because she ks the bullying will gel war is at incident involved lier pulling up a flier advertising a holiday paper aim was defaced wni. rude remarks. _Was advenis'ing a Chanukah palty- but it doesn't seem that (he bullying has been motivated by allti-Semitism. 3:51,, Leah From: "Justin Li" Friday 7 Dccember3,20101201 PM To: "Leah Weich" "Nancy Smith" "Kelly Gallagher" "Lanny Zeigcr" CC: "Gene Plum De Leon" "Tam McDonald" Subjecl: Re: Bullying incident in smy park Atlachmems: Mime.822 (4058 byles) [View] [Save As] Leah, Please ans siudem to Gene in SR or Tom McDonald and I will reach out on Monday Justin Frum: Kelly Gallagher Friday - Detember 3, 2010 3:08 PM To: Gene Puno-DeLcon Subject: Documenls for 201000245 I'll Gene, Attached are the documems/scresn shuts regarding-- al|eged harassment, 1 anachcd them to the incident report loot Kelly 1 called-immediately qfler t'u'civmg unfit] to up and offer xupporr. She Explained ihai she/amid (me ofhtr/tiet-sfor prayflr's defaced. She explained Iha/ she had (mgamg dis/Jute: wilh another grim/7 a/xlullenls admitted thai :he had Sell! message.) with hurl/til language to the other sitidem, but/ell uncomfortable with the new target oft-eligiah. 1 inked-i] .rhefall unsafe ar thruaiehetl HI whith she said that she did not feel physically threatened, documenle _'Ialemehlx and the site provided In Judicial/151mm and alerted Gene punu-DeLclm The judicial /allow up was handled wtl/iin the office of Student Rights and Rexpuflsibilmeb'i Over the Umve/'sny Holidayfilso uut' Universin Hausmg office (a expt-exs dixcariiert/ over the spec a! which mail was sot-tell during the break A/ler receiving the complaint, my A'laflon duly spent time pulling mil her mail .vpeaijically to deliver in her ahead {1/th muve lo Locb Hall In early March was atgantzed through Student Rights and Rexpam lilies with the help afRob Latamski. Our la la leave a student '3 mailbox active for week afler an inlra>>bililding move and then return to Aflet' with_ mail a! Loeb Hail, _mailbax wax Iefl fi7r lhe I'Bmumder of [In Spring Semester 1 had lhE folluwing Communication will: hm' regardmg he, mail uflL'r um: mave' From -- Wednesday - March 2, 2011 11:44 PM To: Kelly Joyce mail Would ll be lo pul any mail I may receive some place where 1 can pick it up and Contacl me if any comes" I put in a request to forward my mail, but I have yel l0 slart mall at Loch. Thank you so much! me: Kell Joyce Thursday - March 3,20112154 PM To: Sub'acl. On Tuesday. I will check your mailbox to see if has arrival [or you. Ill! has, I will give it to the Loeb Hall Direclor. If anything comes afier that lhough. it will be returned to sender, Kelly From: -- Friday -- March 4, 2011 12:03 AM T0: Kelly Joyce Subject: Re mall Would it be possible to Just put il in the RA office and I will pick it up within 24 hours after Tuesday? Thanks! Frnm: Kelly Joyce Friday March 4, 2011 11:09 AM Tn: Subject I'm not comfortable leaving mull cm in the RA office for lean olil gelling misplaced. If you want to come 10 the Sluyvesam Park building lo reliieva your mail from your old box, you can do tllal' Let lhe gmald know that you used (0 live hare. you're going lu check for any old mail. and I}le will likely hold your ID while you go downstairs Kelly Friday March 4,20115:17 PM To: Kelly Joyce Subject: Re, mail Scunds goodv Thanks! 1 was . em the folIuwirlg email with (he marched forward from Robert Lulomski. From: Robert March 2, 2011 5:21 PM To: Kelly Juyce Subject Fwd: Re: problem with mail and bike Kelly. Can you please check the mail room al or anything addressed lo a former student there namcd-- She is missing several magazlnes and a netflix dvd, as well as mailing box for her laptop' See emall below. Thank Rob 2 0x pm 1 almd) Jamel "Us. I am miaslng DVD [hm M5 muscled lo m'lwe an hula) 'luuc Magnum lluuml'm movl'llgimn lumpn llouxlug. :1 or Allum' and mum Slulm Lulu; mm 1 do nol knoll eslimme annal dalcs Sillu: the) (I0 uol come oficll Cm)qu fur me lo Ana" 'Jll exam dale. jusl luau llm) slmuld hm come bv no" and havan Th: lluug llull ls um i: 1hr: dial Thuvstlay alloulug me [0 mail my luplup haul so m) lapmyl can he find l'lmnk mllL'hl lo AM w: do uul for such [lungs as "us. Il'yml lluul you am "ml ul plumes, iusl file a mporl mm Hull who is lluucs Noblc and has u.ll bc gin l: Search may iucludc Scumly and ma Puslnl Smicc, m- |hls email a) rcpan ll": ilncsugulion, lull run you plum: llama: H1: new, mun mama me >llippcr name orluuguziucs you are missan ale? Thuuk you and will slun working on Sincmrel}, Rob Lulomskl Rob Direclm lluuslng 34 ledmce Life 79 Av: . rinll Flour Ml>> York. NY mun) (zlzl 229. 459 W105 AM So u. .ure )ml Vim req 3 ur olTlL: was lha' I named an alldl <l-lzcause <> lo all Inch suppon again and uailannilicr incl in gel il li\cd. N30 is ilim nn)l\ay 1i: reimbursed lor my lam sin: I about 7 in and . all of wliicli had "fflum in minim" on ii" Also another have had Locb is :uld KW: um I (annex bike inln in: bulldl manly I liid my new $l0 bi li lii slolcn Ioclrup iny bile wall vie hike lack Ihc Col'llu')' lockup musl yin. inn 1 cannol lock-up clcr) ihm my nil: Ill lic orilic aim llglu, guards. mm lianillcliiu. mi. and Whalech also file) can gel ilicii lmiKlS on, 15 anyway in i lie and in lull. in serum) >0 1 curl bung ni, nilc Ihc ii pmleclcd" rliinik you much! . Kelly Jayne Tuesday - March 8, 2011 10:13 AM Ruherl Lulomski Fwd: Re: problem with mail and bike -has a couple of magazines and a package here, 1 communicated with her on March 41h that I would empty her box and give it [0 James, but Shl: said she preferred lo some [0 the building Io pick it up. I told her that was line also; we'll lcave box as acu've for a couple of weeks and she can give the guard her ID lo hold while she checks her mail. I'll email her again to confirm (his as her preference and offer to have her mail brought 10 Loeb again. Kelly Kelly Joyce Residence Hall Director Stuyvesanl Park Residence The New School Robcrl Lulomski 3/7/2011 5:21 PM Kelly, Can you please check (he mail mom ?11 318 fax anything addxessed to a remiei student there named-- She is missing several magazines and a neil'lix dvd, as well as ma ng box for her laptop email below. Thanks. Rub 1: Tuesday 7 March 8, 2011 10:16 AM CC: Robert Luioms 1 Subjecl Re: mail Hi- I just wan! to confirm that your preference is 10 come mlrieve your mail on your own from Stuyvesant Park. There are a couple of magazines in your mailbox as well as a package Ifynu have changed your mind and would like me to give your mail the Loeb Office. please let me knuw Lhis. Cordially, Kelly Joyce From -- Tuesday March 3, 2011 10:52 AM To: Kelly Jayne Subject: Re; mail no you Ihink you could bring the mail 10 the Lost: omce loday and aficr [his I will up my own mail? Thank you so much! From: Kelly Joyce Tuesday A a, 2011 1:23 PM To: Subject: Re: mail Someone W111 deliver your mail to Ihc RA office at Loeb Hall tomorrow (Wednesday), likely in the aflemoon, Cordially. Kelly Joyce -mail was (imp/71:4 (1)7 a! the Laeb Officz (ha day indicated above I was cogied on [he re between Rob Lmomxki Ruben mus/11 10 5| AM Kcll) 10)" slill )'nur om mallbm {an 3011, w: fuund many cl your ul slumsonl Pam and uns undcr 1h: you had rccun'cd "mm 15 this 11w case" Would 1 011 L11: "cc for a mccling on Tuesday "uh Kcll) Joyco Noble Secumy and myself! We mu ny 10 ge| hollom arm>> me know uhnl no be he: Thank you, Rob LutolnSM ol'SmJem Housing Rosldcucc we 79 1 mh Hoar New NY [0003 (21212294459 10 (mm So 11m: [mm mglo mud": DVD hon. \lcmn I'm mu mm}. null ImlL in: run DVD never! genome. 1 him roqucsl olvchou srcond DVD mu "mew 1o mum an) Nrkfin moms 511101: gcumglu 1. Inm unning wan) because my 'clc: mu m) c1cd11 ennlsiwommg soon and 1 um hawa mu gel Iosl in muhomn since I "ill llu-n gel stuck mm 12:: (Gas. [111515 red1nllnus mm: 1 hm: been n. [he (or a hull: less Ihnn Inomh now and any lelms, or mm; Inn <<1ch 1 um umniling 1h: pmdunl and flue dean 1 m1 fin: luc llus From: Kelly Joyce Marcll 13, 2011 5:00 PM To: Robert Lulomski Hoy Rob. WC delivered Ihe mall that we llad for her In the Loch office on Wednesday. Her box is still active a1 SPR l'rn oul oflown right now, but I'll check on Tuesday before staff meeting see if anything else has come for her. Kelly W: warm} (1 packagE/m -- at xhe building around March 22, While we I'ylimlly rum-u lmn'lfol'fnrmer you-mm. I sawmi- Io Loeb and drappud fofor her From: -- Tuesday - March 22, 2011 11:20 PM Tu: Kelly Joyce Suhjocr- than}; you Thank you for having my package brought over in Lneb. 1: had my lapmp in I was on the phone (hr: company for an lrour trying to have my address changed, they told me llrey changed it, bul they didn't. Thank you so much! I would have never gullen my laplop back ll'it wasn'r brought ovcr lo Loeb since (ll: company lold me they changed my address. We continued 10 receive mail/01' -aI Sluyvesam' Park. From 'Jnyce Wednesday - April 20, 201] 2:10 PM To: CC James Noble. Robert. Lutoniski Subject. Ro: Lhank you Hello- I wanted to inform you that you still have mail being delivered (a (he Stuyvcsanl Park building. The last time I checked with you, you preferred to come pick up your mail on your own. Your mailbox i still active and me Securin Guard will allow you downslairs ifyou show your ID and 1:1 them know your checking your old mailbox. Cuoeully. there are a couple ofmagazincs (liars Please double check your address again with your magazine subscriptions. Cordially, Kol 1y Joyce From'-- Thursday - April 21, 2011 10:35 PM To: Kelly Joyce siibjeel; queslion So 1 didn'l have anywhere near as many magazines as I was expecling to get since il Iums out that all my magazines since February have been going to Stuy siil1. was wondering mailmnm a! Sluy still has them since my mailbox was full or tllosc magazines arc MIA. lflhey are hungmg cul in mailmom would it be 10 have someone drop them off at Loch? If you Can't have Someone drop them offal Locb then I will pick them up when 1 can Thanks! From KelI'Jo ce - A ri122,2011 10:37 AM Subject Re. qlleslion 11' your mailbox was loo liill, but there was more mail for yon there would have been a package slip. So, nnfommaiely, we dn um have anymore mail. Kelly Kelly Joyce Residence Hall Dircclol' Sluyvcsam Park Residence The New School We Curl/mum] [yaw-mailbox a: mm for the remainder o/'ihe year, Scott. Ronald From: Keua Tennenl [Tennen!K@newschool edu] Sent: Monday' August 22, 2011 4 24 PM To: Send Ronald Cc: Nunberg erlam Subject: RE OCR Case Nomi-114094 Attachments: Correspondence AS pd! Sorry attached. "Scott, Ronald" 3/22/2311 4:21 PM Dear Ms. Tennent, Thank you in advance for providing this information, however, the attachment did not come through on this end. Could you please try resending? Thank you againi Sincerely, Ronald L. Scott Attorney u.sl Department of Education office for civil Rights 32 old slip, 26th Floor Financial Square New Vork, NY 18095 Phone: (545) 4283320 Fax: (545) 428-3843 Emai Ronald.5tott@ed.gov Heb: Messagenm From: Keila Tennent Sent: Monday, August 22, 2011 11:12 pm To: Nunherg, Miriam Cc: Scott, Ronald Subject: Re: OCR Case No/ 02-11-1094 Dear Ms. Nunberg 5. Mr. Scott: Attached is Ms, Puno-DeLeon's correspondence with-- I am also confirming Mr'. Iljceto's interview on August 315t at 19 am. Thanks Keila TennentheCoteau Associate General Counsel The New School 86 5th Avenue. Suite 8% New York, NV 16911 (212) 22975432 ext 4934 (112) 3971913 (F) STATEMENT OF CONFIDENTIALITY DISCLAIMER The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. IF the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e?mail and delete or discard the message. Thank you. I: ?:35 Ag 9% N5 In[fr-3:33. ma?a?? Ill-2/13/1011 and. meet wlth_ He was nutified in person that he will be required to move to another residence hall pending the investigation Into the complaint against him. He was also mid in person that he will not be alluwed oaor lnro Stuv Park (ms) urml lunner notice, 7 GPD sent followup ermail to .with location of new tesidemte and reminder oi met I called RHD Joyce to update her. who Corbett was on jury duty, but hnusing staff knew of the move, nor the details of complaint. 3/1/2011 GPD thatsne saw student,-in 13'" Street cafeteria. GPD responded that he is banned. 3/1/2011 -- GPD sent e~lnai| to Security updated information about PNG names, inciudin- alzs/zuu-- GPD resenl PNG nn Ito Security. From: Student hB To: CC: Ll, Justin Date: 2/13/2011 subjeu: Fallowng up on our meeung Helia-- As per our meeting earner May, you are being temporarily relocated to the 20th Stree: Residence Hall the full vzvisw or the \ncident reported to my offlsel Your new space at 20th Sheet is mom You should go over between 7pm and mom (0 pick up your key and settle into me sulte. Afler 10pm, yau will not be aflowed access back into Sluy Park umfl further name, so you should take as much of your belongings as you can, I MM be in touch with you abouc ale next steps In the process. Thank you agam for mman In to meet with me and Mr. L: morning. Best, Gene Puno--DeLeon Director Studem Rights and 79 Avenue, 511! How . New Yolk. NY 10003 2121295349 212129.1690/5166 FAX srr@newschoutedu From: Gene PumrDeLeon Tu: Li, Justln; Lutomski, Robert; McDonald, Tom; RommTl'cxcy', Sheridanm Date: 2/13/2011 4:57 PM Subject: Update an Saual Misconduct case Heilo everyone, 1 me: With me accused student, at 10:30am. Justin was present during me meeting. I explained tn hat the aliegatidns were, apiained his righis, gave him a copy oftne handbook, and then proceeded he give him the details shared hiy--and-- His version oievenis differ In that he did not feel he coerced her and he was adamant that he did not do anyirnng against her will. I read the term that -sent me and he confirmed that the tens were accurate. I will type up the notes on Tuesday for the file. During the meeting, I told him that he would have to temporarily maveto 20th street starting this evening. He is leaving night for Montreai (7) and will return Monday I sentth an email with insiruclions on when ta get his keys and that he is PNG from Stuy until fufthev notice. HE said hE WDuid comply. Rob notified WE Sta" about this temporary move. And I spdce (D Kelly Llon so that she knows that once-is over at 20th St, that he Is PNG and the deactivate his card there. I told him that I would follow up next Week with the next steps in the process and that the AVP 0' Student and Campus Life was aware of the incident. Thanks and have a good weekend, Gene Ms. Gene Punche Lean Director smdent Rights and Responsibnnies 79 Finn Avenue, 5th Fiw NY, NY 10003 (212) 2295349, ext. 3653 BWEEU Rameue mm: mom was a immion To: -- 2/24/2011 5 PM sum: 11: our mama an pm DW- lwnte ran-m up our meeting an Friday, February 13, 2011, Attached [5 my sun-navy of mat meeting. As per my letter, lam refining INS madam :11 MI. Thomas J. Manama, "Mam VICE Maiden! SWIM and (km N: lwnuld Elsa Me to speak on: afyour parents to address any IluEElians may may have aboutth recent events. Please provide win me name and number ofyuu! paiems whom you have sucker! to regarding (NS Incident. You can am (eel he: pram-1e wm my office number (111) 229.5349 ext 3653 mey {an cal my office umwnuw or an mew earnest mmznim. Should yau have my concerns, please do not usual: to mntad ma, smerem Gene Pnnoneuon Dummr Slment Rim: 3M 7s finh Avenua 5111 Floor New mu, mung 2122295149 21222510905155 FAX mu ruminant-WM murmurs-mt. u. monument-Jim NEW meanest a February 24, ml 20 Street Residence Hall 300 West 20'" Street Newvork, NY lonli And via ail' nea-- 1 am writing to summarine the discussion and outcome ormy disciplinary review meeting with you on Febmary I ll, 20H . Also present at this meeting was Justin Li, Assisianl Director of Student Support and Crisis Management. The purpose of th is meeting was to review a report filed ugainst yuu that iraceurate would place you in violation oEthe University Student Code of Conduct Sections IIAJ (General Misconduct), (Physical Harassment). and the University's policy on Sexual Assault and Sexun| Harassment I As you are aware, I had received an incident report them a female student alleging that you touched her inappropriately and coerced hertnto sexual activity against herwiil. Another remale student recounted an incident last semester (Fall 2010), during which you asked her questions ofa scxaal nature which she found inappropriate. According to the report: on January 30'" around 7pm, you and the female student were chatting on Facehook. She then invited you to name averacioss the hall to her suite. While the two nfyou were "hanging out", you began to give her a massages The massage became sexual when you began to massage her breasts You also pulled down her bra which mad: her feel uncomfortable. You also kissed her on the check. The wivity stopped when she told you she needed to go to the bathroom. You then said you would just leave Some time inter that evening. the remtle student messaged you on Facebook about new the previous aciivily was not appropriate and she stated that it will not happen again between the two or you. You did not want Io continue the wnverwliun over Faoehooir chat, so you asked it you could come over to which she agreed. You returned across the hall and the female student reponed that you gave her ahug. she told you rharthehug was not "0k" and you complied. The two olycu were talking and hanging out hut then you eventually coerced her into making out (kissing) which took place on her bed. She reported that while making-out, ?dry humped her." You also pulled down her pajama top off of her shoulder and her bra, and kissed her bare breast. She said NO multiple times when you kissed her breast, but you just continued. You also placed yOur hand on her crotch (outside her clothes), she said NO multiple times and moved your hand away multiple times, but you continued. The student added that shortly before any activity began, you said something to the et?fect of ?let?s have sex? and ?I?m clean. You?re on birth control.? She responded. ?No, that?s not The activity ?nally stopped around 2am. You remained in her room for another 45 minutes. The student had asked you ?when are you going to leave?.? You stated that you had to pray so you remained in her bed. When you ?nally got up to leave, you ?rst hid behind the door of her room to make sure no one was in the kitchen. You then hid behind the door in the kitchen to make sure no one would see you leaving the suite. She then texted you the f0110wing day regarding the incident. At our meeting, you said that you did go over to the student?s room to hang out and talk with her. You said that you did massage her, rubbed her back, but that it was nothing sexual. You recalled that you did touch her breast, but noticed that the situation became ?awkward? so you stopped the massage. You stated that the farthest it went that evening was kissing and touching her breast, but you felt that you did not do anything against the female student?s will. You added that since it felt awkward in the room, you decided to leave even theugh you felt she wanted you to stay. Later that night, you returned to her room after brie?y chatting on Facebook. You said that you suggested that the two of you kiss and ?see how it goes.? You said that .you did remain in her bed after making-out but did not think you were there for 45 minutes. Before you left, you did check to see that no one was in the kitchen and no one was in the hallway because you did not want people seeing you walk out of a girl?s suite. You said that you live in a Freshman dorm and did not want rumors spreading around. Throughout our meeting, you stated that you never went against her will during any of the activity and that you both consented to kissing. During our meetingJ also read you the texts that the female student sent to my office. You confirmed that those were the texts you had exchanged. I also noti?ed yOu that you were temporarily being relocated to the 20th Street Residence Hall, Room 6D01 effective Fn'day, February 18*, pending the review of this incident. I informed you that after you relocate, you will not be allowed to re-entcr the Stay Park Residence Hall until further notice. You are also prohibited from entering any of the other residence halls until further notice and your guest privileges have been su5pended until further notice. Based on my review of the informatiOn reported to my of?ce, I am referring this incident to the Assistant Vice President for Student and Campus Life for further review and adjudication. You will be noti?ed by the Assistant Vice President of the next steps in the process. strongly advise you to review the Student Code of Conduct and the Non-Academic Disciplinary Procedures, which can be found on the Student Rights and ReSponsibilities Website at Pay particular attention to Sections 1113.2 (Interim Suspension) and (Level II Review) of the Non-Academic Disciplinary Procedures. During our meeting, I gave you a hard copy of the University Policies Governing Student Conduct handbook. As an institution of higher learning, The New School a?irms certain basic principles and values, including respect for law and adherence to fair mics and regulations. We expect members of our community to uphold and abide by the basic principles and standards of behavior that underlie our educational purpose. Sincerely, is gm mm Gene Puno-DeLeon Director Student Rights and Responsibilities CC: 095mm Pa 1 - __ge Flam: Gene PuncheLeon Tu: Mm: 1/2011 10 7 AM Subjut: Re: (Nation H610 -- The student 15 curre'rmy banned from entering all vsidence halls, including 130. street. I will fullnw up Witt security, Gene MS. Gene Puuo>>De Leon Divanr Student Righu and Rapcusibxlmies 75 Fifth Avenue, 5th Floor NY, NV 10003 (212) 229-53491 at 3653 3/1/201110:09 AM 50 I nave um Into before at the 13m Street dorm can-ma, reporting it] I am afraid 00 go that Since I could tun into him. 15 he alluwed mete? If he can go merel can I please have my meal plan refunded Since I knoll I won'K use rt up. Thank! . Sent via DROID on Vevwon Wireless i (619/201 13'eene' Punn beLeon 7 Re From: To: "(Sane PunorDeLenn" one: 3/1/20" 10:52 AM summ: Re: Queslion Alnam Inanks! have not been mere since veponing 5L so have rm idea "he has beenmere recenliy. 59m via on Verizon VWEIESS message--w From, Gene Puaneeran Sen HA 3, I: Suqem Re Quesl'mn The student is currently banned 1mm entering all residence halls' including 13"! Slreel lwi" bum up wilh securfly. Gene Ms. Gene PunoGene Pum--DeLeon Ilioeta,Thomds; Sikorski,Tlmomy Cucraro, Kate; McDonald,Tnm 3/1/2011 11:07 AM Names for PNG Hi Tom and iim, Same of the names, you both know about already, but here's more Wu. The should be on the PNG list for the mllawing buildings: PNG from ALL Residence Halls. His housing was terminated yesiiemay due in numerous Viulations' He was previously In Stuy then moved in 20th. He has belongings in the dorms, him he must cunlact me to get access. His father leR me a masage Yesterday saying tn saw his PNG poster at 20th street. PNG from ALL Residence haiis except mm s: where he currently 129L183. He has a complaint pending against him His complainant reported seeing him at the 130>> Street Cafeteria recalfly, but did not specify when PNG Stuy Park only, Has since moved to Loeh Halls Allegedly stalking his nelghbor at Pafk' --non-studenL PNG (ruin ALL buildings and res halls. Exth of a studentwho threamned to kill her. -- non~ student, PNG rroin ALL buildings and as balls Ex~bf of a student wha said he was going to enter dorms to find her. Dmibed as tall, having a polish writ and brown hair. have anymore names or need to change status of any of the above, l'll let you law. As always, all if either of you have any questionss Thanks Ms. Gene Puncha Leon Director Smdenl Rigian and Responsibilities 79 Film Avenue, 5th Floor NY, NY 10003 (212) 229--5349, ext. 3553 meniname eagn From: Gene Puno--Demon To: Illueto, Thomas Dam: 3/15/2011 11:55 AM Su Matt: Re: Studmt name anfiom 5'7" 5'8" in height, husky Dmld, black hair aimost touching Shou'ders, dark eyes, send a photo if I am abletogetone. mam for your help Tom. Ms. Gene Puma-De Leon Direcmr Studem Rams and Rapunsibilififi 79 Fififil Avenue, 5m Flnov NV, NY 10003 (212) 229-5349, ext. 3653 Thomas 1| cam 3/15/2011 11:08 AM Gm, can you send me a summon and mm (1-1 want to update the PNG we have and mime. Tom Thomas mam Dim of Satuin The New Schom 55 West 1391 St Meaanine New Ymk, New Yolk 10011 2124295101 4275 'l I Gene Pun DeLeou 3/15i2011 1 03 AM Thanks Tom. Ms' Gene Puno--De Leon Diredflr Student and Responsibilities 79 Fm Avenue, 5th floor NY, NV 10003 (212) 2196349, ext, 3653 Sco Ronald Keno Tennent [TememK@newschom edu] Friday, August 19, 2011 9 20 AM Scott, Ronald, Rachelle Gas1on Cc: Nunoerg, Mlnam Subject: Re' OCR Case No! 0271172094 Attachmenlsz --Keuy Gallagher (Joyce) doc Thanks. In advance of and to Facilitate our interview of Ms. Joyce, I and attaching a summary 06 the communications betweenhand us. iayee. Regards, Kaila Tennent -DeCoteau Keila Tennent-ueCoceau Associate General Counsel The New School 85 5th Avenue, suite New Vork, NV 10911 (212) 229-5432 ext 4934 (212) 8974913 STATEMENT OF CONFIDENTIALITY DISCLAIMER lhe information contained in this email message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.22915432 or reply by e-mail and delete or disrard the message. Thank you. "Scott, Ronald" 8/17/2911 9:16 AM Dear Ms. Gaston, I am writing new to confirm the date ut August 22nd tor interviews starting at 9:29 am. would you kindly provide the number we should call. Also, I'm attaching a copy of ours Notice of interviewee nights. should you have any questions, please feel Free to contact us. Thank you again. Sincerely, Ronald L. Scott Attorney u.s, Department of Education office for Civil Rights 32 Old Slip, Floor Financial souare New York, NY 10005 Phone: (646) 428-3820 Fax: (646) 428-3843 Email: Ronald.Scott@ed.gov Web: Original Message--?-- From: Scott, Ronald Sent: Thursday, August 11, 2011 4:01 PM To: 'Rachelle Gaston' Cc: Keila Tennent; Nunberg, Miriam Subject: RE: OCR Case No/ 02-11-2094 Thank you for this information Ms. Gaston. The date of August 22nd and the time slots for each witness look fine; however, I just need to confer with my colleague Ms. Nunberg. We will be in touch shortly to confirm. Thank you again. Sincerely, Ronald L. Scott Attorney U.S. Department of Education Office for Civil Rights 32 Old Slip, 26th Floor Financial Square New York, NY 10005 Phone: (646) 428-3820 Fax: (646) 428-3843 Email: Ronald.Scott@ed.g9v Web: Original From: Rachelle Gaston Sent: Thursday, August 11, 2011 3:55 PM To: Nunberg, Miriam; Keila Tennent Cc: Scott, Ronald Subject: RE: OCR Case No/ 02-11-2094 Good Afternoon, All parties involved are available for the interviews on Monday August 22nd starting at 9am according to the time slots that you required. Kelly Joyce 9 am (for 45 minutes) Linda Reimer: 9:45 am (for 1 hour) Gene Puno de Leon: 10:45 (for 2 hours) Thomas Iliceto: 12:45 (for 1 hour) Rachelle Gaston Secretary Office of The General Counsel The New School 80 Fifth Avenue, Suite 800 New York, NY 10011 Phone: (212) 229-5432 x4929 Fax: (212) 807-1913 E-mail: gastonr@newschool.edu STATEMENT OF CONFIDENTIALITY DISCLAIMER The information contained in this e-mail message is attorney privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone 212.229.5432 or reply by e-mail and delete or discard the message. Thank you. "Nunberg, Miriam" 7/27/2011 3:30 PM Dear Ms. Tennent, We have reviewed our schedule and it looks like the week of August 22nd is open for interviews. We would like to try to interview everyone on the same day, if at all possible. The following is the list of witnesses, with approximate interview that we would like to propose. We would like to start at 9:00 am. Kelly Joyce - 45 minutes Linda Reimer - 1 hour Gene Puno de Leon - 2 hours Thomas Iliceto - 1 hour We will call you tomorrow at 9 am to finish up the interview with Tom McDonald. Hopefully we will be done by 10:00. Miriam A. Nunberg Staff Attorney US Department of Education Office for Civil Rights 32 Old Slip, 26th floor New York, NY 10005 646-428-3830 (voice) 646-428-3843 (fax) miriam.nunberg@ed.gov Scott Ronald From: Sen Thursday, October 13, 21111 1019 AM To: Scott, Ronald Subject: Re quesnon about new to appeal Dear MI Rundld. you \cly much' 1 mil About what I wasn't to do [cu Mu It'l dccidc [0 procch an appeal I will contact the A Campus Int. 'incc the guy transferred out The Mqu |'tc>idcnt of Studcnt and Sincct'ch. 0110a 2(Jl I. 10:11 AM, "role: \tlu lot l'tmll Im Num'g the MM, ll l\ nut A'lci" Mlnhutg m' not [he hm an pl'tluwlwitc>> nun, an a,an tan (It-mum at not (tn-1v]ch >hntl1tt bu Mann-ll nnIn-tnu Inn an. ant nn- "Mam \rnt- 1m>>,th .nnl llu that ht tn>> the lw pawn an; ton Intu- nl. In lln- twatMel/um 1m Ra 1159>>: ln--nm wuw From Sen Wednesday, October 12, 2011 To: Scott, Ronald Subject: Re: question about ta appeal .18 PM Dem \11 Scull. l'Imt Shungc that it not attach since on my colnputcr it said it ulluchcd I am attaching the document from a different cmnputer that it works this tune. Sincerely "Nunberg, Miriam" Sent: Wednesday, October 12' 2011 a 51 AM Subject: RE questlon about to appeal Please be ised that there was no attached in )our email below. Sincerel). Ronald Scull i Attorney 5 Department Education office to>> cum Rights 32 Old sup. 26'" Floor Financial Square Phone, (646)42973620 Fax: {646) 425-33113 Email Rnnaingaqu Web: me1wlm_ Sent: ES ay, 0 (91112011 5325 PM To: Scott Ronald Subject: questlon about right to appeal Ijust received a copy of the letter via email (and soon the mail) ofmy right to appeal. After I read it over it seems like I do not have a right to appeal since] do not have clear and specific demonstration of being denied a fair review, and (2) flagrant discrepancy between the infraction and the imposed sanctions." Is this correct that I basically have no right to appeal based off that criteria? Is that allowed based on the outcome of my case? I thought I was allowed to appeal, but I do not have that since there were no imposed sanctions. Here is a ccpy oflhe letter for you to read since I do not know ifI am able to appeal based off this. Thanks so much! mam-1m>>) letu 4 ,muulu use smmtutcmtes: MUIERAUIVS mnmcotucmzuswuxmm uuste mane tn: mamu October aware, The New School revised ils Sexual Assault Policy in spring urzol i. You filed a complaint in the spring 201 1 semester which was adjudicated before this poiicy was in effect Because you were not given the benefit oftlle appeal process under the new policy, we are giving you the option of appealing under the new policy. Under Ilw new policy' the following are grounds for an appeal: (1) Clear and specific demonstration ofbaing denied a ruir review, and (2) flagrant discrepancy between the int'metiun and the imposed sanctions The new policy can be locaied 8| ssaull-pelicy/ and a copy Call be obtained by conlacling Student Rights and Responsihll ml edu or 12122295349. if you choose to sppent, appenl must be received within [0 (ien) wor ng days from Ihc dale letter. Your nppeai must be in writing and directcd to Linda Reimcr. Senior Vice President for Student or 66 West 12 St. Floor, New Y0rk.N.le0003, Ifyou need Services, at gar: time to decide whetliei to submit an appeal, please let me know by no later than October 24, Should you have any qucstions, I can be ruched at 2121295900 x3659. Sincerely, Thomas McDonmd Thomas J, McDonald Assistant Vice President Student and Campus Life cc: Scott, Ronald on ay, cober03,201l 10 21 AM To: Ronald Subject: Re: Your OCR Complaint (OCR Case Nu 0241720534 The New Schoul) Alright, thank you very much! Scull, Ronald" To: Cc: "Nunberg' Mmam" ov> Sen Monday' October 3, 2011 9:24 AM Subject: Your OCR Complalnl (OCR Case Nov 02-11-2094, The New School) We me hupp) In address nny quosliuns yon migln lune Von me when [lull OCR's nonecampliance determination will. respect lo lion 3 was Umvcl 'Klld um offer yon ins decision in your sexual nssnull case. accordance willi ils 5 ml Policy The maulmioll aglecment between OCR and me llnnei-sily ms dial you are nrlered llinl oppominily, Should you lime any other nneslions, plensejusl lel Ila sincerely, Ronald Scull Allomey Depanmenl olEducafion mm [or civil 32 old Sllp' 25'" Floor Financial Square New NY 10005 Phone (5A6) 4254820 Fax' 1646) 42mm Emall' Ronald.scou@ed.gav Webs ed gov/oar me Sent: a eptembera 2011712 PM To: Scott, Ronald Subject: Re: Your OCR Complaint (OCR Case No 0241-20941>> New School) Thank you very muchl Jusl want to make sure that I read every'lhing correct since I am nol used lo reading legal documenls, Basionlly Ihe university was only found as wrong doing in not leuing me appeal? Ifso mat is great! mean is not what I was hoping for, om 1 know you guys provided a fair investigation. Thanks so much! On Sep 30, 2011, at 5:44 PM, Scott, Ronald wrote: Dear-- Ms. Nunlierg and wanted to inform you that OCR has concluded llie ilwesligalion olyour complaint Attached please find a copy ofa leuei- daled today, Sepleinber 30, 201 l) which explains ocx's detenuinal'lons; copy of leltel will follow via mnll, Also mashed ls a copy 0le signed resolution ngrcemenl Ihal OCR oblnined from me llniveisily in Conuecllon wdli your Should have any questions regarding OCRR the xesolulion agreement, Ms, Nuubelgand are available to speak with yon next week via lelephone. Thank you. Sincerely, Ronald Scull Allorney Depar'mem cl Education Olflce in! Civil Rigms 32 Old 26'" Floor Financial Square New York NY 10005 Phone (546) 428-3820 Fax (646) 428-3643 Ewan Ronald Scotthd gov Web. ed.gowocv Scott, Ronald Flam: Sent: Monday October 03 2011 1021 AM To: Scott Ronald Subject: Re Yaur OCR Compiaml Case No 024172094 The New Schoal) [hunk Wu m; much! From Scum Ronald (Ronaic Scoflfied iov> To: Cc: "Nunberg. Mmam Senl: Monday. October 3. 2011 1013AM Subject: RE Your OCR Comp'amt (OCR Case No New "mm" m" daleSmuclc'} Runa'd Scan Anomey Department a! Educahun OMce 4m cw 32 Old Shp' 26'" Hour Fmanmal Square New Yovk.NV10005 Phone [646) 42873520 Fax (545142873543 EmaH a seameng Web Hupfiwgd 9vaer From: memo Sent: Monday ctoberus' 2011 1D 09 AM To: Scott Ronald Subject: Re Your OCR Cumplamt (OCR Case No 02-11-2094 The New School) Du yuu when I bu th [he Appeal 'l'hank yuu my much} . ScotL Renard" Fro To: Cc: un erg, ma Sent: Monday. October 3 20M 9 24 AM Subject: RE Your OCR Complamt Case Nu 02-11-2094, The New Schum) Du. Wcal'c happy loaddr . all). nlighl hm. mu are correct oars nun-compllance dalemnnalion wilh much In All mu 3 ML: mm lhe did no! human me opponunlly appeal lhl: 0mm" in )uursexual awaull case. In accurdanc: \\ll|l ils Currant Sewal A null Policy The agreement belueell OCR and Ill: Unm-mt) "a5 oblalned to ensure lhal )nu are offered lhal opportunil) Should you have an} quesllons. pleasejlh'l us Mm". Sinccrol}. Ronald Scott Attorney Depanmenl ol Educallon Office (01 Civll lights 32 Old sup, 26'" Floor Flnanclal Squave New York' NV10005 Phone (545p 42873820 Fax (546) 425730" Emau gnnald Scull an all Wen WW ed gay/per From -- mall! Sen Frlday. September 30 201 To: Scolt, Ronald Suhjocl: Re Your OCR Complalnl (OCR Case No 0271172094. The New School) Thank )nu Yer) much! Ijusl "am lo make sure that read cxerylhing cum- sincz: I am not used to reading legal documcnl: Basi ally universil) was only found as doing in not Ielting me appcal" Ifso that is great! I mean i\ is nu! what "as hoping for, bul I know you guys prmidcd a fair Thank so much! 0n Sop 30' 3011.315?" PM. Seoul [{(mald wrolc: M5, and 1 uunlud ml'hnn you OCR has (he inu: 'alinn wrynur Alluched please find a copy ofa lellcr dated loda). Scplunhcr 1mm which explaim 5 a copy oflhis letter will lblluw via mail Also allachcd a C(lpy nfa signed lcsolulion [hill OCR ublal led from Connuclion )eul complaint Should you have any qllealiml: regard; delcrmillalinm or the Ms. and I are mdahlc 10 mm "uh you um week Thank )ou. Ronald soon Allemey DepanmenlolEducallon Office <Fax (646) 428-3841 Emau Web HM 'y'wwlv ed gov/Du Scott Ronald Monday' October 03' 2011 10 09 AM Scon Ronald Re You! OCR Complalnl (OCR Case ND 02711-2094 The New Schooll Do )ou know "hen \x ill be mnlaclcd by the uni\ may to sum \hc appeal lhunl )nu wry much! From' Scott Ronald" "Nunberg erla Sent: Monday. Oclober 3' 2011 9 24 AM Subject: RE Your OCR Complalnl (OCR Case No 024172094. The New School) We arc ln all} nnwimn m. Wu 2er currcul mm at ducmnnanon mm renaeu In All anon 3 nm nun (he anmn did nul olTCr mu mu to appeal we in my ~cxual maul: can, in accordance \th 5mm! Policy Th: rewluuml nureemenl bemecn OCR and m: \Hls vblaincd um arc ollered nun \Vppommily any other quunlluum lel us Mm" Ronald Scan Allomey Depanmanl DlEducallon ounce for own 32 Old Sun 26' Floor Fmanclal Square New yam NY 10005 Phone (64m 423 3820 Fax (646) 42873843 Emall Ronald Scull@ed gov Web hug ed gov/0c! To: Scott, Ronald Suhject Re Your OCR Complalnl (OCR Case No 02-1 The New School) Thank you var} much! [jusl \<Dea-- M.. Nullberg and I mulled inform 'ml has concluded imc>> Ion Anaelred please find ule nla lellcr dated mda}. 30.10ll.wllicl\cxplains 0cm a copy ermis will follow \la me mall. Also anacth is a Cop) ofa mmlulmn 1th ohlzlincd Irern me Lniversil) in your cumplaim Should )uu have n} qucslluns regarding delermlnalmns or me ugreemem. M5, Vunberg and are available 10 speak mill mm neck "a Thank you Ronald Scott Allomey nepanmenl al Educallon Omee < Scott, Ronald Scott, Rona'd . Tuesda Au Us! 23, 2011 a 06 AM Cc} #1an mam Subject: RE Vaur OCR Comp'alm (OCR Case No 024172094) Hunk vuu tux pmidmg--(nmminfmmamm, We be Lunlad mpnwidu status updalc after we conducl additional wimvss mlun'iuws rhank yuu again. Sim-Wm, RONALD Scow' AWORNEV szunwzm or omcz row CML News 32 OLD sun 25m new Scum Nm Vowx NY woos PHONE 4646) 4283820 FAX A28 3843 uwa was :37, Sen Monday, August 22, 2011 5:27 PM To: Scott, Ronald Subject: Re: Your OCR Commaan (OCR Case No. 0271172094) IhuuL you so much' -phunc number 5--1 hope you huxcn'l uicu u: email me bcfurc ubuul rm reason I iurgul your name and annual Cmail 1 am very sun) hum donc \hal the past! I'hunk so muchPM. Runald \lec: Dear -- I, ulunu, with my mlleugue Nunburg, wanted to pmvide you a slams updalc rcgardmg your OCR mmpuum Spn'ifn'ally, we wank-Ll to lot you know {I'm wc haw mudumd witness and haw wvoml man scheduled commg wwk: In addinon, we have mvmwud rolevam dncumcnlahon submluod by Univur, lv Whilv we dwulgc which staff members wu have spoken to, Ms and I am happy to dig u, you the 5 guxwral posilitm with ruspwl [a [he allugahum we are curromly mvosugating In addition, at Lhis point in the invesligation, we think ll would be helpful if we spoke w--If this is okay you, could you please provide her Contact inlurmalion (telephone number and/or email addre As always, should you have any queskinns or Concerns, please feel (me to comacl us Thank you. Sincerely. RONALD Ll scorn Awoszv 5. DEPARTMENT or Enucmow ran (:le 32 OLD sum 25" FLOOR some New max, NV (646)4233820 FAX (646) 4253843 EMAIL: (w NUNEERG. ArroRNEv US DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD 26M FLOOR SQUARE NEW YORK. NY H3005 (646) 4288830 FAX: (646) 4253543 EMAIL MUHAMNUNHERQNEH Gov Scott, Ronald From: Rey Mashayekm Sent: Fnday' September 09 2011 310 PM To: Soon Ronam Subject: New School Free Press Mr. Scull. I recenll) mtervlewed a at our unh in whom you that she .- bringing charges agamu I he c" School fur mishandling scxual assault cum and mm m- filed her cumpl' nl lhmugh [he Dcpamncm oflidncmiun's ()fficc ul't'ixil Righls As suc he also 101d mm mm both yo||raclfund Ms Miriam are me 4| working on '11"th- I left you a mu Lurlicr loday looking to confirm [hi so ifym: could in touch uizh me about Ihls mallcr I \Aould iule You can reach mc mmugh i1 addrc by phone al-- dim uml I'rcc Tom McDonald 7/26/11 MN RS Thomas McDonald, Tom. Assistant VP for Student and Campus Life. Oversees 5 offices at the University. Office of Student Development and Activities, Office of Career Development. Student Rights and Responsibilities, Student Disability Services. Been in current position since Aprii 2009. Been at the University since May 2001. Until June 2004 was Director of Student Disability Services was then promoted to Managing Director of Student Affairs until April 2009. Duties with respect to SH/assault. Follow policies -and if there is a complaint to be investigated will foilow those procedures. If there is a case of sexual harassment will meet with the student who lodged that complaint, then wiil meet with Human Resources to work with staff member. in a case of sexual assault works with student rights and responsibilities so will help adjudicate those cases. Sexual harassment by an employee meets with HR, if it?s SH student on student would meet with both students separately. Walk us through the process if a student comes in to the office of rights and If a student comes in and files a complaint, the director will alert him. They review the procedures first. Cases of sexual harassment or assauit. The student meets with of?ce and they let him know about the case. Specifics may vary. First meet with the student, explain the process and reference the policy and procedures. There are 2 separate policies assaultand harassment have 2 separate policies. Sexual Assault ?o icy in Exhibit 2 is this the policy that is currently in place? This is the new policy that was just started in the spring semester of 2011. April it was approved. Exhibit 2b is the one that was in place when JK made her complaint. Looked at p3 of this policy where it references the non-Academic Disciplinary Procedures. These are connected to the code of conduct and are included as exhibit 4 they explain how to investigate violations of the code of conduct. If a student waives the right to the panel, VP or her designee can review the facts. Under the new policy, what standards does the panel use to determine whether the allegations are sustained? They will be training the panel and pulling one together for the start of the academic year. Generally he is present, as is the director of the office of rights and responsibilities, they introduce themselves. if it?s a panel, he is neutral and makes no determination as to responsibility. Then will present the allegations and the report. Depending on who is available and who comes in, if the accuser wants to present to the panel, that is allowed. Otherwise can write a statement and he or the director of can read. Accused comes in and if they want to make a statement to the panel can do that. If there are any witnesses can make provisions for them to come in. No one in the room at the same time, done separately. Panel then discusses in his presence Dir of R) whether the allegations are sustained and what sanctions to recommend. He then brings it to the Senior VP to determine sanctions. In new policy, panelists are selected by recommendation of the faculty student senate see p3 of policy. Panel uses preponderance of the evidence. Under the new policy haven?t had any complaints. No evidence would be excluded. Past sexual history or character of any party not admissible unless highly relevant. See p. 4. Accused has the right to waive the panel. Does the accuser have any say in this? No. If the accused waives the right to the panel, how is it determined that allegations are sustained? Accused can only waive right if they accept responsibility. If they don?t accept responsibility, the panel is the sole fact finder. In your own words, what does accept responsibility mean in the context of the new policy? Accused acknowledges that 5/ he did what was accused of. This policy only applies in cases of sexual assault, not sexual harassment. Does this apply in a case where a student comes forward and says that someone has done something but doesn?t wish to file a complaint with police? If they don't want to file with the police they still initiate action, which is the case even if they don?t want to go forward with a formal complaint. It depends on what information they share if the information they present is something that would be a violation of the sexual assault policy would tell them that they would have to follow through with the investigation for the safety of the community at large. In the case where a student comes to the university and alleges that a sexual assault has taken place, and choses to file a formal complaint with the university but not the policy, have you encountered this? Yes. Student has the right to go to the police on their own and doesn?t necessarily get in the way of the process. School is still obligated under the policy to take it seriously and investigate and adjudicate. Have you encountered a situation where the student declined to file a formal complaint and the university pursued it anyway. No. Policy currently in place for investigating complaints of sexual harassment that aren?t sexual assault? Exhibit 5. Summary of the procedure that is followed if there is a complaint of sexual harassment: He does the informal procedure, so meets with the student first. Sometimes get it in writing, and then calls in the student. Sometimes the student goes to the director of student rights and responsibilities. Reviews written complaint and then asks questions. Explains to them what the process is, shows them policy and prints out if they want it. if it?s a staff or faculty will contact HR and meet with faculty and staff along with HR. After that HR will take the next steps and tell the employee what the conclusion was. There's also a formal process as well -- person filing the Complaint can go tormal if wlsh. If It's a student who is accused rthev are able to adjudltate informally -- works about 99% of the time. Doesn't recall a case of student against student sexual harassment. Deflrlitlons in pullcles define diffefence between harassment and assault and that's what they folluw. Policy for sexual assault Complalnts. does the have any guidelines or pollcles for when they would dlrectly contact the police in a sexual assault case7 They wanted to know lfwe meant campus security or Campus security. They always let campus security know rthis is the police for the campus. Does campus security automatically contact the pollce? Tell student that they can always speak to someone in security and they can help them go to the police ifthey llke. lf the student didn't want to call the police directly, would notify security and then let them make the call to the police if necessary. in terms of the old sexual assault policy lexhibit 5), can you summarize the main differences between this and the new one? One uflhe main differences is that the choice of whether or not to go to a panel has changed Under old policy it meant that someone in the office of senior VP -generally him would determine responsibility iistudentwarved right to panel. Now it's always the panel unless admits to wrong doing. Also, the definition of sexual assault has been clarified, standard of review, definition of consent has been Title 9 designation in the new one as opposed to the old one Also took a look at readability Tried to avoid having too many links and references to other pol started 1" summer 2010, Prior to that had been interested in having most robust policyr but went to conference and worked on revising the policy Wanted it to be clear for everyone to understand. 95-- this all Standard of review was clarified a can you explaln specifically how? clarified that the aid policy is in 2b. New policy says standard of review is preponderance ofthe evidence, Actually it looks like 5 and 2b are similar, but not sure which is old policy. They will clan -- current 5" policy in 2b was snapshot at old policy taken trorn the website. Exhibit 5 is current policy on harassment. Current poli in Exhibit 1 is up on website now. Will find the date and email to ust in the event that you determined that sexual assault had taken place, what steps did you take for both the accuser and the accused a under the old pollcy7 In the two cases he adjudicated there was no finding ofsit -- Did he waive his right to a panel? Yes, Walk us through the process starting the time when you were notified. Recalved an incident report that was filed with Office of at R. Was found to be accurate, Referred the case up to him from be Leon. Met With-and talked atmut the policy and procedures, Communicated with-- Explalned to him his to the panel or to waive Met with him and reviewed the allegation and allowed to respond in this case couldn't find with any reasonable certainty that it did or did not occur it was about something that took place in a room where there those two were Had her statement, and his statement, There were some similarities. He claimed that everything that occurred was cunsensuzi and there was no forced or unwanted sexual activity. Could not determine which version at events was more credible Were there any witnesses7 -had mentioned that there were witnesses who had seen her stumbling carried. They did speak to the witnesses and sald she was not stumbling and didn't appear to be intoxicated or have to he carried to the room Standard he was using was whether or not he could determine with reasonable certainty that events did occur. How does the standard at reasonable certainty dtrier trom preponderance oitha evidente? Prepunderance of the evidence is Whether there is more evidence on one side or the when Reasonable certainty is whether he felt that there is enough information available for him to decide that it did otcur or did not occur. When one person is adjudicating would look to see if there is more support that It did occur, And if he couldn't determine if it occur or didn't. What other factors otherthan witnesses would you use in assesslrig Would look at both statements and try to see itone student was more credible than the ather in the informatlun they were providing. Where does the standard reasonable certainty come from? Not sure ltit is written anywhere in old policy. In terms of intermediary services provided between the lime of reporting and the time of adiudication, who is responsible far this? Depends on circumstancesiis it reported at night, do students live on same tloor, did student report to the police, etc. Are very clear to students thatthere is no contact and no retaliation. Asks whether they have Contact and are in same Classes, etc. The circumstances of every case will determine the specifics afwhat happen. who do they see first, when do they make the complaint. The basic spirit is to protect the spirit, take precautions (or safety and the student's well being. Make both accused and accuser aware of counseling and health services Not a pleasant experience for anyone. Before you make the determination, ityou imd that the students are supposed to be together either in classes or dorms or cafeteria, what do you usually do? General rule separate the residence Could he exceptions to that if students don't care that they are in the same residence. Safety and well being is the priority. ts there a particular dorm that you would move the accused to? Would depend on availability and the gender Males and females not housed in same room, though they are on the same floor. underthe old policy, did the procedure for handling these complaints change lldrugs or alcohol is involvedv Follow the same procedure, wouldn't be altered its student has been drinking or doing drugs. Intoxication doesn?t excuse inappropriate behavior. Eg if they start throwing chairs around. What about consent? Does it negate consent to sexual activity? That is very fact specific. Could speculate about various scenarios. Under the old policy, what was the standard for whether intoxication negated consent? Nothing under old policy. Would have to speculate. In this case with Julia, she said she was intoxicated but the witnesses said she didn?t appear to be that way. Chain of command for dealing with all things related to sexual assault or harassment: Student with a complaint of sexual assault of harassment would meet with him first, be in communication with HR if faculty or student rights and responsibilities about what happens next. He is the liaison with the student. Makes the initial contact and his role is to support the student and make sure that the process is followed correctly. Keeps the student informed of what?s going on, etc. In case of sexual harassment he is the person in the university who deals with those. They might get to the director of student &r first, but then he takes over even if they have dealt with Gene first. What is the role of campus security? What is the interaction between the two offices? They refer all students to student 84 R. Communication is strong. Any case where a student reports a case of harassment to them if it involves another student security will refer to but if not then doesn't. When the harasser is not a student, but the victim is, does get involved in that? Absolutely. If a student goes to security, they will call and tell them about it even if the accused is not a student. Student services job is to take action to help students. In terms of the reverse notification, it was our understanding that you notify campus security of cases involving sexual assault - is this in every instance? Yes. Also inform students of the importance of going to the police. At the point when this case was filed, how were students made aware of how to file a complaint? Available on school website and as freshmen do an orientation about the policies. Also give them handbook. Used to do in person orientation about the handbook. Now with the volume of students had problems getting them together. Tried online orientation with varying success. For students who live on campus the RAs will meet and go over the rules. Orientation is a multiweek process, where there is a weekend and then a welcome weekend. For ali new students coming in there is an in person orientation. There is also an online sexual harassment training students can take before coming. Is there any aspect of orientation whether in person or online that focuses on sexual assault on campus? It's addressed but not in great detail. New policy has a huge enhanced educational component that is happening now the opening of school is in 3 weeks, so there is a student services ed committee. Have been meeting with representatives. Chairs the committee to deal with this to do training throughout the year - not just sexual harassment but all sorts of health related issues like alcohol. Developing a training program for the hearing panel. Scheduled to take place early sept some scheduling difficulties. There will be an online training for ail students on sexual harassment and assault. Not mandatory, recommended and advised To make it mandatory wouold have to have some son 0' consequence like a half} on their registratlan. You mentioned student handbooksr is the sexual assault polio] in lheve? Gave us 2010-11 one. new policy not in there. The one ferrite new year probably was printed befare the new assault pulley was put in place so it might not be in there. otd handbook had the sexual harassment policy in there, but doesn't thinkthe sexual assault policy was included. Pulicy on line -- has anyone ever Said that It was hard (0 find on line? No. How would you go abaut finding it? There is a Search lunotiott on the website that tiring you there As a studentthey would juslgom the web page, and wouldn't he tarniliarwith the policy. idea isto make it as student usable as possible so had it in as many plaoes as possible. is the homettase lot this stuff so try to enforce the message over and over again. Clarify title *35 the assistant director of student life, oversees 5 offices, one 0' which is R. [5 there an Internal website for students ur are the policies avallable regularly on llne in the Same way? There's the regular website foreveryone that requiresa portal. The policies are available on the regular website that is available to everybody. Not sure what is in the portal. Thinks that nothing is different in the portal, The idea is that students shouldn't have to lag in to find a policy. It's an the main website, didn't change during this school yeatto his knowledge. lla student comes to you with a sexual assault complaint, you said that you go overthe policies with the student Do you actuallv prouide the student with the policy? Show them where it's located and ask them itthey want to print it out for them they might iust keep 20 copies. Anytime anyone comes in with a complaint or sexual harassment will showthem the policy as a routine matter. Job is to work according to university policy to help students in orientation and at various times throughout the year, the Existence otthetrotfice is stressed to them. If you go into My New School, there is a list oithe various offices tor students to use -- is included. Also do a tremendous amount ofoutreaoh to the other ofiices and have a very good working relationship with all 8 tohnols at the university. Knows the advisers etc. Almost every day at the week gets Faculty members calling them to ask it they are the correct office to refer a student to. KT: even though it's a large, complex university, there are a few offices that are centralized, and student affairs are one otthem. Everyone knows where all things student related should go. understanding is that she went to a faculty memberwho told her (can't rememberthis person's name) to go to 2. R. Met with Gene who according to relationship and procedure came to him and discussed what steps to take attershe had already spoken to her she handled that at interaction with the student. thinks anotherstudent came in too- Thinks that someone from student support was there too. Ask Gene iorthe specifics. AherGene made you aware oiit, what happened? From his perspective, reviewed the repoit that oene generated invited her in. explained to nerwhat the policies and procedures are. Doesn't read the policy. Met with Gene on Feb 17 and metwith Tom on March 11. Gene was present as is common practice. This is due to both comtort level and ability to and Ifmeie are any questions to be able to answer accurately and to have the ability to cover in case eitherone is out. So met an reviewed complaint, asked if she had anythingto add. Had you started any at your investigation at this point? Always starts by meeting with the complainant first. Just had read the Complaint. The next step is speak to witnesses. Then has to meet with the student who the complaint is tiled against. what was the reason forthe space between the time Gene met with her and you met with her3 Might have been due to scheduling Doesn't recall. Gene would be better able to answer since she helped him schedule. Thinks it was just due to everyone's schedule Wouldn't pressure someone tiling a sexual assault complaint to come in immediately itthey were busy. Vau said that during the meeting you communicated the next steps. Told her that he would review her written report and would go over thethings thatwere said that the meeting. Said would be meeting with the male student, explained the policy that was in place at the time. Looked at the handwritten notes we were given These look like Gene's notes from her meeting on 2/17. Can't recall the play by play oithe meeting. Reviewed complaint but not sure if reviewed her notes line by line. The goal is to have clear understanding otwhat she was reporting and to give the student a chance to say their piece and ask questions. Do you have the student start from the beginning and tell them the whole slew orjust confirm the notes. His background is in counseling so want to make sure the student is as comfortable as possible. like I know you have already shared this and askthe student to confirm what has already been written down. So try to get them to conlirm without going into too many details. Do you recall itshe had any questions about the process moving 10rward? Routine to give the student as much time to ask questions as possible, but don't recall if she had specific questions. When you met With her, did you find herstory credible? i-lisiob isto look at credibility after he hears both sides otthe story. Doesn't make Judgement callsat that moment. Do you make credibility determinations when you meet with the students in a he said she said situationj Not falrtojudge people. Take great pains to keep the students separate. Did she during the meeting anything about having dlmcuity finding the policy or tinding their office? Doesn't recall that or believe that she did. in general if a student would tell him that would apologize one tell them. After the meeting, he reviewed the in cident report again. Now that met with student and had the response, since there were no witnesses had no one to speaklo. Called 'in the male student and met With him. Made aware of rights to waive panel. lfthere is a panel, he is neutral and makes no credibility determinations. If student waives panel, then he has to do it. He was the only one in the room. reviewed the allegations and gave him the chance to respond. Then when he left he had to delefmlne whethersexual assault did or did not occur. once he made that decision he had to notify the students of the outcome. In this case, we understand that there was an exchange oftext messages. How did they factor into your determination? This is a tremendous responsthility since the student had waived his the panel. Reviewed the definition oisexual assault under the policy he was working on. (exhibit 2h -- "nonconsensual and coerced sexual actrvity involving forcible touching"). Went overthe texts and he acknowledged that the exchange had taken place. He said that in the texts he didn't acknowledge that he had forced himselfon her. in her complaint she had said that he had touched her crotch 10715 times and she had moved his hand each time. He denied it. According to herthe houndaries were clear. According to him it was more nuanced, They had started making out and then stopped and went hack to theirown rooms. Then went back to his own room out came back and then started up again and it got complicated He doesn't acknowledge that he forcibly touched her. Hard decision to make. Glad there is a panel now. tooked at the texts. When he said I'm too intense foryou what did he mean? He reviewed the exchange with him and said that they were making out and they would stop and talk and things were very nuanced. His take irom him was that they were trying to decide how far things should go. When 2 people are engaged in that sort of activity it's very nuanced He said that at no point in the activity did she make it clear that she wanted it to stop. what about herfirsr statement - when I said no tothings and you kept going that was not cclal and he said "ifvou can't handle fooling around with a damn guy that'shne" -- how did you interpret that. Asked him about why he didn't deny having gone too far and neversays emphatically you never said no. He indicated in response that they were making out and it kept stopping and starting even to the point that he went back to his room and then came back. He was clear that at any point he never continued to do something inappropriate that she didn't want to continue. i'm hearing from you a lot of_intetpretation ofthe texts. Did you ask her how she interpreted them? it wasverv clearthat she told him that she wasgiving the texts as support ofher allegations. - presented the texts as part of her report and reviewed that with her it wasn't that - got bettertreatment. His role is to determine whetherthe student violated the policy. she said that she told him no numeroustiines and physically moved his hands and that he kept not respecting that and the texts were in support of that. Had to ask him questions. Understanding of _understanding isthat the texts support her version that-gave him Very difficult to determine. Can you give us a summary of how you gave us the ultimate credibility determination in this case? Flnding was inconclusive and was unable to find with any reasonable certainty that it did or didn'toccui. Couldn't find with reasonable certainty that he touched her crotch 10-15 times and she removed his hands each time. it was hisiudgment. No other physical evidence other than the text messages7 Not a lawyer so don't knuw what physical evidence means, lust statements and texts, no witnesses. Did --statements play any role? No. Two students in a dorm room with a separation of time, Clear that they were making out and they did not want to continue any kind of relationship, can you explain the basis for the statements in your 'ietter about not contacting lenniter and moving to the 20%: dorm, not entering other dorms. Very routine to have students not have contact. Cleatly two one student has filed a complaint and another student is upsetso best to keep them apart. what about not entering any other residences on campus? Wanted to keep her comfort level as good as possible. Wanted to try to keep them separated. Not clear why every other residence then recalled that she didn'twant to have to run into him at any other residence hall so not sure if itwas courtesy or not but tried to support. Did you have any connections to placing him on the PNG list? Gene handled it. Were there any other students placed in the 20'" stdorm who had been accused of sexual assault out not tound guilty. KT: Na notice that the students who haye been assigned to this dorm are reassigned. It is based on availability. Don't assign by allegationsjust by ayailability. Going back to the meeting with- Did you bring up with him the tact that she mentioned that she had slapped his hand away 10715 times. she wasvery cleartltat it was at least 10 and might have been as much as 15. He was very clearthai at no he had done it. Did you addressthe text where she said I removed your hands? He said that response never indicated in the text that he had done it. Did you ask why he didn't deny it? He lust said that shewasn't a good communicator and thingsjust didn't work out. it does seem that she is very clear and he didn't deny anything. He said that he found her annoying and wanted to end the Connection. Did you ultimately make a determination as to her credibility? Just what he said in the letter. it's a huge responsioility tor one person Gene Puno de Leon MN, RS 3/22/11 Missed _complaints- First came to heron 2/17 with a lriend or hers. Called by front desk to say that 2 students wanted to report a sexual predator That's when Iirst recounted her complalntof sexual assault, First she and-said that they wanted to speak to herahout a student afmncern They said that both orthem were talking about a male student in the cafeteria and disrnyered it was the same person, - had an encuunterfirst semester but not a physical one. Both students Velt thatwhat happened should be reported to her. Then lstarted to recount what had happened 2 MB weeks prior. Felt that he had touched her against her will. Asked her if she wanted someone troni student support and crisis management to sit in on the meeting. She said that she did, so asked Maureen Sheridan, Directoror Student Crisis and Support, to sit in, so she did. she said that she put him in a choke hold but that there was no physical contact she said that she put him in a choke hold to demonstrate something, hut not to fight art in anyway. Notes where it says unzip her sweatshirt and pulled her scarfiwas that what she said he did? Don't recall She sald that while she didn't feel threatened by him, she wanted to demonstrate that she was more than capable oftaking care of herself. Doesn't recall the context nlthe unzipping the sweatshirt but does recall she said that there was no physical tontext Why did -came7 She came win-To support her since they were friends and that she knew him, Looklng at the notes, where she said that she could tell he wanted her there for sex, etc. What was the contextolwhat she said? she said this was a had date. what happened next? At that point she told both students that itat any point atter their meeting anything else happened they should contact her. Asked--f she wanted to formally report this as an incident and she declined. Encouraged both students to work with crisis management to get any support they needed. Asket.ince she mentioned that they hoth lived in the same dorm iishe wanted to rnove, told hershe would move him as soon as possible, and said that iishe wanted to move, they could help make that happen very option was hers. Said that ii there were any witnesses she should tell her. said would hand all the info to Mr Since he would handle the investigation. Asked her it she had any questions. Again said could help herit she wanted to move said if there was anything else it she forgot or didn't remember She mentioned that there were texts that she had exchanged, and she forwarded them to her later Both sets of handwritten notes are hers. Taken at the same time. The one withlanuarv 30 on top is the second page when she meets with a student who reports any incident that may be traumatizing, refers to counseling and prthe office of crisis management Maureen Sheridan was present, so referred them to her for any additional support services that they might want. Does herofiice typicallyfallow up on providing that support? Thinks so, they are underthe oflices or the University Health Center, so works with them to get any support they might need. Do you know ifthe complainant actually received counseling? Np. So is it fair to say that this office is the investigative arm? Ves, Support is handled by Support and Crisis Management. initial discussion With the oomplaihanteduring this meeting did she make any reference to having had any difficulty finding the proaedureslorhow to file a complaint of sexual assault? No In that meeting, did the complainant recount the events multiple times or once? Both directly to you and if there were any other inViduals present. Went through it once in her office, hence her notes, and then everytime she repeated something back to her she would remembersomething else, so that is why there are the scribbles on her notes, and she repeated it back (cl her to make sure it was correct. Went back and Vonh over the different points. Did she at any point say that she felt she had to repeat herselftoo mahytimes? At the end of the session, she said that she would review her notes and type them up and asked if she could call her back in to review it fnracrurary, and she said that she did not want to have to repeat herself again to her. Are you involved in making the credibility determination? No. Reviews all the cases with Mr MCD, to make sure she has all the information. Does he ever ask you ifyou round Witnesses believable? Yes. Did he ask you that in this case? Daesn't recall that. Do vuu recall if yuu ever told him if you faund her credible or not? I made no statements to him like that. Do you know if he ever Consulted with the crisis uffice in making his determination? Doesn't know. old you speak to the accused student? Met with him the following day, Called him into her orifice and said that there was a complaint of sexual assault and that anotherstudent had recounted an encounter that they had the previous semester, and that the complaint was from. kecounted the events often 30. Offered him a support person there, and Justin We, the assistant director pfcrisis support, was there. Said that he could go ahead and give her his version of events or wait and give it at a later time, Explained process and said that mcdunald would receive all the she gathered. Notified him that she was removing him from current dorm and relocating him to another dorm, which was a standard part oflhe process, Told him not to contacIr-torany reason and that he couldn't return to his dorm for any reason, and needed to clear out of the dorm right away and could only go backm get something under escort, Did yougive us your notes from the meetingyou had with him' Doesn't believe so Asked rora Lopyof that, Can you summarize the inloiinalion or evidence thatyou turned over to him? Written notes of both meetings, the text messages, incident report that she typed up. Did you discuss the credibility or-at any point with Mr Doesn't recall, iust gave him information. Once you turned over the information to him, did you play any role in the determination oiwhether a sexual assault occurred? No, was present at his meeting with-out not With - Was the meeting Wllh-m or around 3/11? Yes. Can you give a brief overview efwhat happened at the meeting? Thinks he reiterated an overview of the notes she took at the meeting He asked itthere was anything she wanted to add. Thinks he asked if she could review the incident report that she had pull together, She said that She did not want to repeat her story or have it repeated to her He said that he would review the lnlurmation and meet with-arid make a determination Did-- report came up at that meeting at all? Doesn't recall, when you said that you would relocate-o another dorm, you said thatyou told him this was standard procedure Can you elaboraie7 whenever there is a complaint ofa conflict between two students, will separate them, In this case, the compiaint was against him, so moved him Where did you move him to? The 20'" s! residence hall, where there were male seats available. This is across the village, How do you typically select where to move a student who has been accused of sexual assault? Will base the decision on availability and proximity to the accuserto try to minimize the contact In the other cases of sexual assault that you have handled, which dorms have you moved the accused students to? 0th one other case and the studentdid not move was not given the option to move that student. Made a request if it was ok (a move him and was tuld it was not necessary, William lohnsani who told you not necessary and why? Always runsthese things through Tom He was the one who said not to move him, said because earlyon in the investigation so not to do it, Didn't make any subsequent requests to have him mDVedt On Feb 17, you said that you offered the complainant assistance in moving. Did she ever take advantage of that offer and if so, how? Said she?d get in touch with housing immediately to get the moving process started. Said would check with housing staff about available female housing spaces and said would find availability asap. Gave her Robert Lutomski?s number and said he would help her get that move done. Did she complain to you about the housing process? Not to me, know. Knows that she complained to Robert L. She believes she heard from him. Recalls that she wanted to move with her former room mate and thinks there was a problem in ?guring out what room she wanted on what floor. Did he ever express any kind of annoyance with her? No. Did he or anyone else tell you that she was having problems with her mail at any point? Only found out when they were putting together the packet of information. Can you explain what happens in the event that a student refers a complaint to you of sexual assault? Will make sure that they know about crisis support office. if they provide info,about residence hall, will ask if they want to relocate and if they have any concerns about housing, will let them know they can do that at any time. Notifies Tom if they have any information of the nature of the allegations and let him know that the student didn?t want to pursue any formal complaint. Keeps the information in the event that the student changes his or her mind. Does the decision whether to actually investigate depend on the complainant giving consent for the investigation? Yes. Can you envision a circumstance in which your office may continue to investigate in the absence of the student's consent? If the situation brings up a cause for safety or concern of other people, will tell them that they might have to go forward anyway, and will try to alleviate their concerns so that they want to go forward. Has there been any situation like that where you went fonivard even after the complainant declined to pursue the investigation? Not that she can recall. Regarding the accused student, did the complainant ever come to you and make any complaint that he was not banned as he should have been? Knows that she emailed her because she saw him in the cafeteria at 13th st. This was on March 1. Did you do any follow up after receiving the email? Notified Mr. and the Assist Dir of Security who made sure that he was banned from this cafeteria as well. Was the accused student also banned from her residence hall? The scope ofthe PNG was initially just the original dorm, since she was not aware of where she was moving to, and then it was expanded to all other residence halls, including hers?. Believes this was after the spaces were confirmed - once he had moved completely to 20th st and when she had chosen loeb. Can you explain a bit more about that was she given a choice of dorms? Told her that first she had to check on availability, since first they have to look for appropriate spaces and see if it was something that worked for her. Was she given any more or less choice than any other student? She worked directly with Housing staff. How was he notified of the expansion of the She sent him an email about his first one and followed up her meeting with him. Believes she sent him a follow up letterjust to summarize their meeting. Thinks it was in that letter dated 2/24. Looking at it. We don't have it in data, so asked for a copy of that as well. Who is responsible for ensuring that students are on the PNG list? Security office, and if a particular person is banned from a particular office, also notifies residence hall director. When he was first PNG this did not include the 13?.th st cafeteria, since he is on a meal plan and this cafeteria is one of the only other places where students with meal plans can go to get their meals. But then after she emailed him they expanded the ban to include the cafeteria. Do you know why these arrangements were kept in place even though the allegations were not sustained? To keep them from further contact. Standard procedure sometimes, and he did not appeal this decision. in what circumstances would this be standard? Want to make sure that regardless of the outcome, that students minimize contact. Neither party objected. instances where there are altercations or physical incidents will keep that separation continuous. Do you know what the plans are for housing or other kinds of contact between them for this semester? Question for Linda Reimer, but pretty sure she said he will be on leave for next semester Linda Reimer Keiia Tennent, rep MN, RS 8/22/11 Reviewed the allegations. Linda Reimer, Senior VP for student services. Oversee the area of student services life outside the classroom. 12 or so departments that report to her. Housing and Residence Life, Student Rights and Responsibilities, Disabilities, Intercultural Support. Been in this position since 2005. Was a VP in 1997 and started there in 1990 as the Director of Housing. Oversees Student Rights and Responsibilities through Tom McDonald (Assistant VP). Are you familiar with the policies for addressing complaints of sexual assault and harassment? Yes. in terms of the standards that are used in evaluating such complaints, can you tell us what that standard is, in terms of determining whether sexual assault occurred (in terms of the one in effect at the time this complaint was filed)? The student files the complaint. What would the level of proof be? Doesn?t know exactly ?}ust looks at the evidence that the complainant presents. Would look for the preponderance of the evidence, whether it was reviewed by a panel or not. Can you tell us in your own words what the preponderance of the evidence means? Whether the events were more likely to have occurred or not. ls that written into the policy that was in effect at the time? No, it was a matter of practice at that time. Now it is written into the policy. When did that revised policy become effective? It was reviewed by the Board of Trustees this past spring and is now in effect. What is your level ofdirect involvement in these cemplaints? The Assistant VP handles the day to day - such as interviewing the complainant, making a determination etc. Her role is to be there in the event of an appeal, so doesn?t get involved until there is an appeal. Summarize old vs new policy. Old policy oniy allowed accused rights of appeal, now both. This was because they used their non?academic disciplinary procedures that applied to everyone. When were revising the policy looked to see what better standards might be. Why was this viewed as better? The reality is that they had not really had an appeal, 50 this issue never came into question, but this summer had staff who attended an institute and had some students who nad not been complainants who came iorward and suggested that this was a piece oftne policy that should be added This toliows a change in industry standard that has been happening recently. in terms of the standard of evidence, are you aware whether 3 stands"! 0f reasonable certainty was ever used in determining whether the assault had occurred? Lock at all the facts in determining what occurred. Interest is to keep Community safe. In terms all louking at the evidence, Tarn would louk to see whether it was likely whether it had occurred. in making the decision, would he Consult you? She would be aware of it, but wuuld not patliLipale in the decision making. Would not review until an appeal was made since would want to remain objective. What would your level of supervision be? Wouldn't review each decision, but dues an annual review of all her supervisees. what is your level ufinvulvement in the appeal process? in non academic disciplinary process, there are standards iorvvhen appeal can occur. what happens ifa student goes to the office orsecurity and reports a sexual violation? Ont: or her offices will be contacted. Might be the office of or the office of Student Support and Crisis Management, This is the office for Students who are experiencing any kind Theirroie is to provide support network and to help them navigate the system. This affite would reier to Student for investigation, This should happen automatically. Anything that is considered a disciplinary matter will go there, Student support office is to help students manage processr they may or may not get involved in a discipline matter, If a Student declines to file a complaint with St would they investigate anyway? Would depend on the facts and what effect that would have on the community in terms of safety. Done on a case by case basis. So -- without going through everyone at these complaints -- as an example there is a complaint dated 10/18/09 -- what happens if the student doesn't file? Would look at the specific situation and determine whether or not it was a one time event, ifit is likely to be a danger to the community, would talk to the student who was accused. There is no written standard, Would acknowledge the desires ofthe student making the complaint. Are records kept even ifthere is nu formal complaint? lf it is referred to Kt would be logged Student makes his or her own derision and based an that will decide whethertc proceed based on the needs oitne community. Discussed whetherwhat they provided was all the reports orjust the reports of formal investigations We will write up a request for those reports. Have you ever received a complaint from a student that investigation was handled inappropriately? No. Have you received requests torappeals? Jus- Found out about hercomplaint in the spring semester. Can you glve us a briefovervlew of how that complaint was handled? Whenever there is an Incident report of Students changing rooms, will be made aware of that, but was not involved with the specifics of handling that complaint. At any point afterthe Initial complaint was tiled, did you have any contact with the complainant? No Met heron April after the determination was made. She told herthat she came to appeal the decision. Told her that the policy do not allow the accuserto appeal. Talked about 3 issues: 1) at that timethe mom lottery for the next year was underway, she was concerned that she wauld end up in the same dorm as-iold her that she could chose her room first and then he could go through the lottery to make sure not in same dorm She said might not go through the lottery but would keep her informed. 2) concerned about not being In same classes, so told her that she could send her nerchoices ofclasses and would make sure not together a) was concerned about seeing him on campus, but didn't want her to take action about that. Was there a discussion about the decision on her cumplalnt? she might have expressed surprise that she couldn't appeal. Might have asked about the new policy but explained didn't apply now. .might have said that she had more prootthat it really happened. She said that it she did, should take itto the oftice oi rt but didn't. Was there any about the sufficiency of the evidence that had already been presented. During your conversation, did she mention anything about the accuser having assaulted or harassed someone else? No, itjust focused on moving forward and how Linda could support and help her with that Do you have a copy of determination letter that was sent to the complainant3 Looked at the letter, where he said couldn't determine With reasonable certainty had occurred. Can you explain why the standard reasonable certalnty was used in this case? witnessed disagreed that this was the standard used. and suggeSteo' we ask him what he meant directly. As far as you know, in terms at evaluating the evrdence, what standard was actually used forthe complalnant? used the same approach as do l'n every sltuation, -told the staiiand a determinatluri was made. what would be suflicl'ent'r' Could be information provided by witnesses that were there, would be dependent on the facts orthe situatlun, Hard to say Do you have any involvement in terms of banning students from buildings on campus? If there is a discussion about communlty safety, would get involved in a decision to suspend a student. you have any involvement in the ofthe accused student in this case? He was banned from residence hall, not from academic buildings. lfthere is any interaction between two students, would try to separate them. So if there is a dispute between two students who live in the same dorm, would move one or bath of them, She doesn't get involved in that, but more in a situation where there would be a Student whu was suspended and couldn't attend classes' Haw dues information like the OHEIIovided plav mm the determination? Wuuld encourage other students to come fonn/ard with similar iflhev know about them, doesn't know whether- inlormal'ion was considered. In a where a studem who is filing a complaint says that other students feel the same way, wouid encuurags them to speakm them, so may consider it. An oflhe iniurmalion they are given is considered, Do you knowm what extent-information was considered? Doesn't know to what extent, but the decision maker has this information. Robert Lulomski 7/25/11 MN, RS Kella Tennent, rep Rights Assistant Vice President forstudent Housng and Resldence Llle, New School Been in current position 3 months. Been at the New Scluml since 2005 as the Director ofStudenl Housing and Residence Life, Brieideseripiion oidvties. Oriel housing officertor university. Responsible for all room assignments forstudenrs, billing and supervising residence hall staffassigned to building. Understanding that cumplainant filed a report of sexual assault in February 2011 and that subsequent to that complaint she was moved to a new dorm room Can you explain what your understanding of the events7 Get a call at home late one evening that said that a student had reported a sexual assault so called staff to try to arrange. Was home from work so had to be past a or 7 pin. Remllectiun is that it was Maureen Sheridan, Director ofstudent Crisis and Support Who did you ccnlact? James Noble, the farmer Residence Hall Directorat the time ofthe incident of Loeb Hall Wanted to see if he had any vacancies There was confusion over whetherthere were any vacancies and whether she could geta single or double. ultimately tound what seemed to be a good pairing rer herin a double. She moved that night into a vacancy in Loch. She had wanted a single. Told herihat one olthe floors in Loeb was offline for renovation so told herthat she could move into a single there. -But then a little while later she called and said that her room mate wantd to move (out So assigned her to a double on Loeb in room_>> this was a few weeks later (2-3 weeks). Dorm she moved from? Stuyvesant Park, - Wasthere anytalk about the cost ofthe single and doubles? Extenloftlie conversatiun wasthat the cost atthe single would be its regular price, which is higherthan a double. she remained Loeb-or the remainderofthe semester, Did you ever tell her she could get a single lorthe price of a double? Only thingtaid her is that if he assigned her to an empty double might not get a roommate. In terms orgeneral procedure, is there anything that happens automatically when a student says has been sexually assaulted in dorm room? Would lust take cues from Maureen Sheridan, the Directorol Student Crisis and Support Management ifsomething like that happened. Looking at email from 2/24/11 between and Comp in Exhibit 5. Does this accurately reflect your conversation with her? Doesn't recall any conversation with her about the type of room. But it is possible that If student gota double With no roommate could take it at the price of a double, but couldn'l promise no roommate, Would not have said that it was possible that a person could have a single room at a lower rate. Banningi Are you aware of the University's protocol for banning students from particular buildings on campus? has a Persona Non Grata list or students who are banned from housing. This list is managed by another office and is given to the security guards at the security desk oieach dorm. At the security desk is a key card swipe iithey can't Swipe in (N: card doesn't match), would have to sign in with guard Guard would have to question the person. People can'tsign in unless a resident signs in lfa person is on the PNG Iisx no one can Sign them in. Guard would know who is on the PNG lists Just by virtue of not being a residenl of \he building wouldn'hjust be able to get in. Once the swipe doesn't work would have lo sign in through guard. How many guards are there at Laeb" 1 guard 24/7 lin 3 shifts) Guards are supen/ised by Director or Security Ifa student is accused ol assaulting anotherstudent, is there an automatic ban on that person getting in to the alleged victim's dorm? Believes so. if someone is accused of accosting another student, would only be allowed to get into that dorm, But it is the Office of Student Rights and Responsibilities that oversees that. They would both have their key tards cancelled from their original dorm, and would be required to turn in their card, also Hall Directors would communicate with each other about these types PNG listsare managed by security. ., (GAP) Do you which hal_was assigned lo? Pretty sure it was the 20'" 5t residence. Chain of command in a case like this _was being lorced to move), so would call the hall director of the building where the accused was being moved to, buton that particularnight was not involved in the decision where in move him. Looking at email dated 3/15/11 "problem that needs to he fixed immediately" Vou say thatyou will be meeting security and slaff what happened? Both security (Tim and student [Gene Puno De Leon) told him (hat he ms banned. By the end of the day they were how certain that the information that had (0 be there was (here. Not clear if it hadn't been there all along and then was out back or iithey out it there end ofthe day. Gene Confirmed for him that (his was the case To clarify, if a student is not on PNG list, anyone who lives in another dorm won?t be able to swipe in, but could get signed in by another resident. (small gap} response to the complainanant about this. Weren't only in email contact she would stop In sometimes. Other than the 3/15 email, did the complainant ever tell you that he wasn?t banned again? Had heard somehow that he was getting into 13th St a different residence hall. Doesn?t remember who said it, but did hear it somehow. This was within a few weeks of her complaint that he wasn?t banned from her dorm. Not associated with other complaints of inappropriate behavior. Thinks it was just a matter of fact statement that he might not have been banned from there, so he passed it on to student rights and responsibilities. if on the PNG list, could be banned from any number of dorms - depends on what student rights and responsibilities discovers in their investigation. Did you have any conversations about the single vs double issue other than in email? Not that he was aware of. Do you know if she complained about not getting a single to anyone? Not that he knows of. With respect to the accused student, do you know if he was banned from any other dorm? Not that he knows of, but doesn?t manage the list. KT other offices manage the list. Passed on her complaint about banning both to security and student rights and responsibilities. Mail: What is the University's protocol for ensuring that students receive mail when they move to a new building? students are responsible for notifying post office that not getting mail. Hall directors will coordinate with student staff if a student leaves one residence hall and moves to another, a notation is made about this. There are students and a part time union worker who work in mailroom. if they see that student is still getting mail in old building, will put the mail into an envelope and save it for the student. Then either hall director calls or student calls them. Kelly Joyce was Student?s old director at Loeb. Based on experience how long does it usually take for students to start getting mail at new dorm after moving out of old one? 1?2 weeks. Walk us through the process for distributing mail once it gets to the post office. Post office drops it off, student work study students generally takes comes in and distribute it. Do you play any role in the distribution of mail? No. Do you ever See any mail before it comes to Students? No what is typical protocol when student reports missing mail? i-iall Director will searth ipr it when it goes missing. Are you typically involved in Searching formail once it is reported as missing. How often have you heard ora student who is missing mail? About 5 times a year. or those students, how quickly are you able to resolve it? in close to 3/15 oithe time, it usually happens Within a week to two weeks Have there been other students where It has taken as long as it did with her3 No>> this is an unusual situation. or any or the reported missing mall, have any or them previously tried a complaint of sexual assault and were moved as a result" None that he is aware of, When did you first learn that she was having difficulty with her mail? In emails. Remembers telling his guys to look into it. Had to have been In late tab/early march. Looked at Email from 3/11 Yhought he Saw an email in Early march ur late fab Knows that Kellyloyte told him that she was upset aooutthe mail issue, so they decreed to let her keep her mailbox key from old dorm so she cuuld check the box So midsMarch they told her the box was still under her name, which meant that she still had permission to enter this building--arid knew fur a fact that-was hzned there. Kelly had asked him ithe knew whether|wanted to get it herseii or bring it over At some paint her bux got very tull-- mid to late, Kelly Joyce told complainant could get it, never did, so Snmetime in late march She walked it over herself. Usually when students don't get mail, it's because they forgot to notify the centrai po that they moved After she got that packet, do you know Ifshe got all the mail that she said was missing? Said she didn't and was still missing magazines. so instructed iames Nohie, iier RA (oran RA in her dam) to buy tier several magazine; Another RA called Allcla Kaba came with them. Do you know itshe got her dvds? lust knows the complaints stopped coming otter the complainant went (0 the PO to deal with it. she ever Indicate that she was missing birth control pills? Heard about it but not sure who it came from. Do you know ifshe received that particular package>lmail tor her that had gone to a different place on campus Told-and suggested that she double check where mail was going to. it turned out that the place on campus it was going to was the health services which had previously been on the floor ottoeb that she was living on (why it was being renovate Thought this might solve the problem. took at Exhbit a. from 3/15 Nottoo long afterthat didn't hear any more. Also had told his statrthat iithere was anything she lost, to tiyto go out and buy iffor her This was an accommodation made specificallyior her because he felt like she was under duress. How long did She maintain the (W0 mailbox keys? Till end of term in spring 2011. Address is based on dorm room If, nut PO box Did you speak to anyone other than Maureen, Kelly Joyce? They were the two key players -- both residential hall directors and live in the dorms. in the rare times when students report inail, usually turns up somewhere. Spoke to Robert Lee, who is the person at the health services who reported the mail, and probably did mention to Maureen that-was having trouble getting mall. Didn't discuss it more than she said that she said she wasn't getting mail, she did come up at a meeting because she was nominated for and then won an emergent leader award so they were happy for her. Did you ever initiate canlact about horwich anyone saying that he was concerned about her" yes, spoke to Maureen that he was concerned that it was such a point orstresstor her-- mail seemed to be disproportionately important. Has done this in the past ii he sees a student who seems depressed or stressed Thinks he just said he had a concern about her since she was acting stressed an hyper active and thought she could talltto her. Didn't say it to anyone else. Talked to his own stattabout making sure that they knew where her mail was going. According tolaines, everything was being put into her mailbox in toeb, so nothing looked unusual. Did any oithe people who were handling her rnail ever express anything critical or her far reporting the sexual assault? Not at all. To his knowledge, no student would know that. James and Kelly were the professional RAS, but they would hire students to work in dorin mail rooms. Doesn't think they knew that she had filed the sexual assault complaint, but they did know that she had been assaulted. Knew this because they were trying to give an extra level of care. They don'twork in that side orthe office that handles complaints, witness didn't know that she had a complaint until a tew days later, just knew that there had been allegations of an assault and she would have to be moved. Meeting to discuss mail issue. James Noble and he sat down with her shortly after sent email. Just wanted herto know they were investigating it and thought it might help get things resolved. Thought she seemed coiniorted by thal issue. Did she ever express that she thought that the mail Issue was retaliatory in any way? Never got the sense of that from her. She wrote the email on 3/15 that expressed frustration. Kelly Gallagherloyce MN RS 3/21/11 Kella Tennent Rights Kelly Gallagherloyce, Residence hail Director orStuyvesant Park Residence Hall since 1009. Responsible for the overall operations and student population or the residence hall, if she receives infarmation that a student is having a problem will rearh out to them. Also irthere are any facility cancerrls will up. There is a building super she works with to address building issues -- like clogged toilets etc 7 will communicate with studens etc. Was briefed just on the basic summary of the allegations. Reviewed allegation that in retaliation for her filing a sexual assault complaint. overview of mail in her building. There is a maliroom, Locked area. when a postal carriercornes to deliver mail, security otticersigns out a key to them. carrier unlocks the maliroom and leaves the mail there. Then union workers come and distribute the mail into the students' mailboxes --these are mail clerks. May he students mother part time employees who work there. How did you know complainant? Look at emails she sent us. Summarized them ~the cat issue. She was a freshman in her building. Hanukkah issue, Around the same time one of her flyers for the Hanukkah prayers was defaced and that went to &Rv Continued [0 have a cordial relationship with her in the hallways etc. Then the assault case came up and Rob assisted her with the move and she Continued to communicate via Email when necessary. After the move, she tirst heard or problems with email from- Told nerthat its student had problems with mail after a move (see emails). Then Rab contacted her again and since the mailbox had not been closed yet she would check. Then she contacted her via email and she asked ifshe could bring her mall to Laeb hall and she had it delivered the next day. Then a package arrived. Were you aware at the sexual assault complaint? Was aware that a complaint had been filed. Was told the daythat the report was made that she had made a sexual assault complaint and that It was -who she complained against. Gene Puno De Leon told her. Also had-move with an escort and he was not allowed in their building again. Were there other students who had mnved from the dorm? Yes, students move frequently, Had any oithem had mail problems when they moved? No. Had any of them moved due to a sexual assault or harassment issue? No. What was the problem with her receiving her mail? Understanding is that she ?lled out a mail forwarding with the US postal service but they still sent her mail to Stuyvesant Park. Also had told one of her mail companies of her new address but they still sent it to the wrong address. The last contact she had with her was the email that was recorded. In the email exchanges on April 21 and 22, it looks like the complainant said she wasn?t receiving as many magazines as she expected, do you know if she ever got them? Not sure. Just to confirm, do you have any direct involvement with the distribution of mail? No. Supervises the staff that does. There are 3 of them. lfa student had a complaint about something missing, would go search the room for it to make sure not overlooked. If there were recurring issues would tell her staff to keep that in her case? No, because her mail never actually was missing, it just kept coming to the dorm and went straight to her box. So let her come and check the mailbox whenever she wanted. Just to summarize, the responsibility for changing an address lies with the student to arrange with the Yes, they are told that when they move, they have to change it directly with them. Mailboxes are left open for a few weeks after they move and then mail is returned to sender. In her case, how long was her box left open? The rest of the semester. ls mail logged in? Just packages that are too large for their box. During this timeframe (after she left the building) was there any mail that was too large for her box? Yes, see emails there was one. When there is a complaint of sexuai assault, are you ever involved in the investigation of the complaint? Not as a matter of course, just on a need to know basis. In this case, was only invoived in terms of the move for both students. Not involved in the investigation. MENH \tw mum mm; ?5ch must as u: uzumt 00km" rm 0 June lb. ZUII VIA HAND DELIVERY I rurttu Stall>> of .. 0mm: xv oltl Sltp, Zh'" Flour New Ym'k RC Czht: N0 027! l'hc New Schuth Dear Ms Bowen, l'ht>> responds to |hc complutnt filed by--tm Apnl uglxillal l'ttc Nut>> .tutl thu related [)ttla thu ot't'tcu of As rt [ll'cllminul'y mzlucr, the {Icmcx that tt discriminated agaln' or any other studcnl tut any has IX and HS supponmg regulations, Became ut'tlte mlalivcly t'rarttc thu Utch .tty has been and uxlcmiv: Kmuchl. Iht: (hill an: rcxpumivc but 15. Imwevcn muting \ls rights |o Suhmfl a lcmum ul tlatc though tt ttill brtutly addrc>> each as to the tqu ts lac-mg ttled I. -('muplain| (0 [he ttutt thu Ulmcr, t'tulml In respond cunlplilml 2 ult that .hc tut tu about l'chl'uary 17, 2011 as arc domlmunls tu illVCthat the problems experienced with her mail delivery were in anyway telaled to her complaint of sexual assault and requests that_ provide specific facts supporting a causal connection between Ihe lwu. Rather than any retaliation, _mnil problems arose from her providing the incorrect mailing address once she changed dorm The communications between--and university personnel surrounding the problems her mall are attached hereto as t) in addition, all students who live in univemly housing are told to review and are given access to the Resldence Hall Handbook which contains information relalcd Io mall services as well as on other relevant University policies, procedures and practices A copy ofihc Him is attached hereto as Exhibit 7. _thiid allegation is that the University's policy for responding to complaints ofscxuni assault is not equitable. as to permit the accused individual but not the complainant the right to appeal the outcome of a hearing in it sexual assault case. The University acknowledges receiving concerns from other students and staffi elated to the application chart-academic disciplinary procedures procedures") to complaints of sexual assault More specifically, until April 201 the disciplinary procedures only the students accused or and found responsible for a code of conduct violation. including a sexual assault, to appeal that determination As part of its revision ot'its Sexual Assault Policy this past the University currently provides both the complainant and the accused in sexual assault cases the opportunity to appeal the determination oftiic decision-maker. The new policy. Exhibit 2a, became effective on April ll, 2011, Pouitli,_nlleges that the University fails to adequately publish ils procedures for responding to sexual assaults The University's Sexual Assault Policy went into effect in April 2005 and since then has been listed, along with all other policies procedures related to students, on the Rights Responsibilities public wcbpagc: http://Www itowschool The website is referenced in the Student Handbook that is provided to new students as pan of their orientation packet and made available to all continuing students each year on the Student Services' website: Hard copies are also made available to the academic and advising omoes tor distribution to students. The 2010-1011 Student Handbook is attached as Exhibit 8. The link to the webpage is also provided in the Campus Security Guide' that is distributed to the campus community cucli In addition to the public website, identical information directing students to the Righls Responsib es webpage is provided to students via tiie MyNewScliooll portal which may be accessed by students and staff with current log-in access. while the University has not, until this Complaint, received any concern lli'cll students have not been table (0 locate the Sexual Assault Policy, the process undertaken Lhis spring to solicit recommendations for updating the Sexual Assault Policy did result in changes to the Policy relating to procedure surrounding student complaints, including those specifically related to sexual assaulls and, more specifically, the crasscommunlcation between the offices and adlninisllamrs that share responsibility for implementing the University's policies and procedures related to sexual assaults. The University is in the process of analyzing its procedures and is developing a plan ofaction for the revised practices for fall 201 l. Finn--alleges that the University failed to respond appropriately to complaints or sexual assault. The University requests the specific facts supporting lhis allegation, The received by the University and what actions were taken are included in following response to OCR's Data Request. SfiExhlbilg. Lee Exhibit Student Page on Portal. 2 lI. Data Request 1. Pd The University?s policies and procedures related to Sexual Harassment and Sexual Assault have been provided as Exhibits 5 and 2. These policies are included along with all other policies relevant to students on the Rights Responsibilities webpage. The Rights and ReSponsibilities Of?ce is responsible for processing, investigating and resolving both complaints of sexual harassment and sexual assault as well as other allegations of non-academic student misconduct. That of?ce is managed by the Director of Rights Responsibilities, Gene Puno-Dc Leon, who reports to the Assistant Vice President for Student Campus Life, Tom McDonald, who, in turn, reports to the Senior Vice President for Student Services, Linda Reimer. Several student publications including the Student Handbook and the Campus Security Guide, along with variOus web links (Exhibit 15) direct students to that webpage which has the contact information for the of?ce and provides the most current information on the University?s policies and practices related to students. These publications are distributed to the entire community each academic year. In addition, new students are required to complete the University?s online Sexual Discriminatory Harassment Training prior to enrollment which has the policies and procedures and list the contact infomation for students who wish to ?le a complaint or seek additional information. With regard to employees, the Sexual Harassment policy is included on the Human Resources webpage: and is also included in the institutional Policies Procedures Manual which may be accessed through the MyNewSchool portal4. At least once a year, Human Resources noti?es Employees to take the online Sexual Discriminatory Harassment Training.5 The University has been fortunate not to have had any cases of sexual assault involving a staff member but like any other emergency or on campus criminal activity, employees are advised to call 911 ?rst, then Security and then Human ReSOnrces to determine what policies and resources are available to address their needs. As con?rmed in the responses above, the University has both a Sexual Assault Policy and related procedure as well as a Sexual Harassment Policy. Human Resources manages complaints under either policy received from employees. Rights and Responsibilities manages complaints under either policy when the complainant is a student. Students and employees always consult the of?ces and staff designated in the policies regarding their desire to ?le a complaint and the staff members in both of?ces have the professional training to analyze which policy is applicable to the facts as described and to advise the complainant appropriately. As a general distinction, the sexual harassment policy would be used for behavior that cannot be characterized as sexually violent but the student/employee would be advised of their options under both policies. The Assistant Vice President for Student Campus Life, Mr. McDonald, is the Title IX Coordinator and this designation is in the Sexual Assault Policy. The University will take steps to ensure that such designation is prominently disclosed in other publications and websites geared to students for fall 2011, where possible. The University?s published catalogs contain its Equal Employment and Educational Opportunity Policy Statement and direct all inquiries, S_ee excerpt ofthe IPPM, Exhibit Exhibit lla, Employee page of MyNewSchool Portal. S_eg Exhibit 16, February 201 1 Email Announcement to the Campus Community. 3 including [hose relaled to Title 1X compliance, IO die omce cftlic General Counsel.6 (See Exhibit 12.) Tile links to PDF copies ofall catalogs are available on the website. 5. See the abovc response to request 4. In addition to all student catalogs, the EEO statement is colilailied in the Sexual Policy. summarized in the Univelsity's Discriminatory Policy and separately stnicd in the 1pm. 5. Provided as part ofExl-tibil 3. 7. Already provided as part ofExliiblls 2 84 8. All new students are provided with a copy ettlie Student Handbook which contains information on the Student Code of Conduct, the Non- Aeadeinic Disciplinary Pmcedul'es, Sexual Harassment policy, other policies. Oneniniion sessions are held for new students plicr lo the firsI--day of classes during which Sludems are made aware ofllie Sludeni Code ofCoiiducL, Non~Academic Disciplinary Procedures, Sexual Harassment Policy, and oihCi' policies. All new degree students are required to complete an on- litle tulorial on the Sexual Harassment Policy. Onlilie lumrials for incoming sludenls on the Student Code and related policies. mcludlng tlic Sexual Assault policy, are bemg implelticnled lor [he 201 1.2012 Academic Year. in an effort in reduce paper usage, all policies and procedures are made available and sludenls are told wliere lo locale lliese materials. All students living in huusing are required to attend mandalory tlnor meetings when: the Rind is reviewed. The RJ--lii contains information on Ihe Student Code chonduet and related policies. 5. Already provided in above 9. 10. The Universiiy's online training on sexual and discriminatory harassment may be accessed llirougll the following link: ii_tip xiti-ciningnewincdialeaniinu cmu/ysll/rlewschooluL Once year, a reminder is sent out advising staff members to take the iraining and the University receives mentlily repaiis of Ihose wlic the Irainirtg. As previously stated, cach year new employees and strident: are required to complele this lmining. In addition, Mr. McDonald and Tracy Robin, the Assislanl vicc Plesidem for Student Health and Suppon, bolli attended specific training i'elaied to sexual assault in July 2010. The lmining materials are attached as 13. 1 . ll. is the practice on campus that anyone contacted by a sludeul regarding a lion-academic concern should refer student Io [he Righls Responsibilities Office. Siudenls may file incident reports with the Student Housing dc Security departments lhai involve conduct that iriggers the sexual/discriminatory harassment pclicies or the sexual assault policy bul all such incidelil would be forwarded to Riglils Responsibilities lbi'handling. See eiliiliit l2. .0 statcinent fiDlrl page 71 201072011 Catalog for Eugene Lang Cullcge, where _is enrolled. and the related web llnk. 12. All the documents related to the complaints received by students are attached hereto as Exhibit 14 and describe the information requested. The University declines to share with OCR the details related to complaints filed by staff that do not relate to students staff vs. staff complaints except to con?rm that the University received no complaints of sexual assault involving a university staff person. 13. Generally, a complaint of sexual assault involving a student would result in notice to 3 university of?ces: Security Department, Student Health Services including Student Support and Crisis Management as well as Rights Responsibilities. The office that ?rst receives the complaint is responsible for notifying the other two offices ofsuch complaint? The Security Department, led by Security Director Thomas Ilicito, is responsible for notifying the local NYPD precinct and facilitating the complainant?s contact with the NYPD and providing assistance with any investigation. and SSCM would alert the ceinplainant to the resources referenced in the Sexual Assault Policy as well as local NYC hospital based rape crisis programs. maintains informal relationship with many such programs and have held in-service trainings to keep its staff up to date on post sexual assault medical care. SHS has organized with The NYC Alliance Against Sexual Assault to volunteer staff and students to help with Sexual Assault Awareness month activities. SHS has had survivors come to publically speak about their experience as survivors - an event open to students and has sponsored self defense classes for students during which Sl-lS makes available informatiOn about sexual assault. 14. SSCM, Student Housing and the Security Department are all available to respond to a variety of student concerns, including sexual assault, on a 24-h0ur/7-day a week schedule. Housing has day time office hours and a night time on call system. SSCM has been in existence since 2004 with an on call administrator who is reachable 24/7 for all students. These 2 on call systems are linked and work collaboratively. The Security Department is reachable over 24 hours and has a Security Supervisor on staff at all times who is able to facilitate contact with the NYPD and relevant university of?ces. 15. Already provided in the above responses. 16. Student Housing has the following policy in writing regarding mail distribution process as published on-line and in the RHH Exhibit 7): Mail In most cases, mail is delivered Monday-Saturday and sorted in your building's mailboxes. Mail, packages, and/or deliveries cannot be accepted prior to check-in. Instructions regarding mailbox access and package retrieval will be available at your residence hall during check-in. The New School is not responsible for lost, stolen, misdirected, or damaged mail, parcels, or packages. If you are expecting an important package, please make sure you are available to receive and sign for it when delivered by the US. Postal Service or other courier FedEx, UPS, etc}. Mail forwarding service is not provided after a resident moves to another room/suite, residence hall, or out of the residence halls. Students should update all banks, magazine subscriptions, etc. when mcwing. Also, students should update their mailing address with The New School through the Registrar?s Of?ce 01' online through 7 Please note that 51-18 will not take complaints but, rather, will refer students to Rights Responsibilities and Security and provide other resources and treatment to the student. 5 The link to this information is here: Students are assigned to rooms, and they receive a mail box assignment located in their residence hall. Mail is addressed to them at their residence hall address. Mail is delivered by the USPS to each residence hall and placed in the mail room. Mail is in the residence halls through a combination of part lime union staff, student of?ce staff and RA staff. Mail is distributed to mail boxes, and packages are held in the mail room for distribution at set hours. Students are noti?ed via a package card placed in their mail box when a package arrives for them to pick up. 17. Already provided as part of Exhibits 6 7. 18. Already provided as part of Exhibit 6 7. 19. The undersigned is the designated University contact person for this Complaint. 20. None. I understand that OCR would like to conduct campus interviews in July. Please let me know what dates are being considered as we look forward to a thorough and expeditious resolution of this Complaint. Sincerel Keila Tennent-DeCoteau Associate General Counsel mu mum row nmmuwwmmucv PnRanS nEsmN rnwur ms mmaam mm," mnvmusm \676' (53 7 201 VIA REGULAR MAIL AIL Mumm . Rumm Scull l, 9.1)cpumuenlul Mucunm. (>ch Cm] Rigms 7 32 01.1 Slip. 26'" Hour g3 Ne" Ymk, New York mum Rm OCR Cine No. 02-] 1-2094 liczlr Ms. Nunburg (Q Mr. Scull, l'urs (ml to RC lulmn A dated ML Is Coll bum" (In: "4*:ch Wm Please com um .rynu mldumnm qucmnm. Ulhen ,1 mn you ml. us conclude .mcsugmmn and rmlutiou Summly, Kala Assucmlc Gench ('nunscl Itnclusurc: um <1 ml 1-1 m. so>> . run menu man-c>> mum mu mm mm W: mm. man mum muumms Nivmmn mmcmumm uuslc IL ZUH my Dear-- As mu) alumna Ihc \Jc" Scluml mm smal null l'uli wring .m You filed in (In: spring :ml which \Vux adjudicated hulillc mi>> pullc} in effect Bccawc um um giwn mu huncm arms appeal mm puli Aw arc gum; you me nplilm ul'uppculing mule. um pullc), mm m: ncv' pollcy. [he grumle l'mun appeal: ll lulcall'mld specific ofbcing danlcd a lair (2) llugmm bumccn [he inl'mcximl and [he impuscd maxim. nc" pulley can he loculcd ul I 4nd 1. cup} an hwmlucu h) coluacling sum-m unl '49. bl: rucuiwd In um) wrung me 0mm lcller 1mm [m in Mr ing and dimmed Linda Vic;- Plcelumu l'or sum-m Sunless all flux-r] uncugclluul L'de orfifi \lcsx 12 8| 7 Hum: ll'wu uch mm- l0 dulch whellu an uppcul. plum luc by nu lumnhan ()clobcr 2 2m l. Slmuld ml} qumium. [cull hc mulled :l 2 sum-m). as! .l McDonald Minn." Prequel" and ('llmpux we 111/2/201" Kewla Tennenlr Re Kegardmg Appea' Ophon Page 1 me: Yo: um Mc onala (MC anal new/Schumann) rm. < STATES DEPARTMENT EDUCATION September 28, 2012 David E. Van Zandt President The New School 66 West 12th Street New York, New York 10011 Re: Case No. 02-1 1-2094 The New School Dear President Van Zandt: The US. Department of Education, New York Of?ce for Civil Rights (OCR) has completed its monitoring of the implementation of the resolution agreement in the above-referenced case. By letter, dated September 30, 2011, OCR advised the New School (the University) that implementation of the agreement would resolve the complainant?s allegation that the University?s policy for responding to complaints of sexual assault was not equitable, as it afforded the accused individual, but not the complainant, the right to appeal the outcome of a hearing in a sexual assault case. In order to comply with the terms of the agreement, the University agreed to notify the complainant in writing that she had the right to appeal the decision rendered on her sexual assault complaint that she filed with the University on February 17, 2011. The University also agreed that if the complainant elected to appeal the decision, the University would adjudicate her appeal in accordance with its current Sexual Assault Policy. The University provided OCR with information in accordance with the monitoring provisions.l Based on its review of the information the University provided, OCR determined that the University has complied with the requirements of the agreement. Accordingly, OCR has concluded its monitoring of the agreement, and is closing the above-referenced case as of the date of this letter. This letter sets forth determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. formal policy statements are approved by a duly authorized OCR of?cial and made available to OCR determined that the complainant elected not to appeal the University?s decision. OFFICE SURNAME DATE OFFICE SURNAME DATE OFFICE SURNAAIE DATE 1 \'lrs (H 101 "my ((1141 .y-irllx: m. \ll' a nu . Alt t\t1l\ill) 1 ,lm all \V'vl'x ml September 287 2012 Re Case No. 02~1 1-2094 The New School Dear-- The U.S. Department of Education New York Office for Civil Rights (OCR) has completed its monitoring of the implementation of the resolution agreement in the above-referenced case. By letter, dated September 30, 2011, OCR advised you and the New School (the University) that implementation of the agreement would resolve your allegation that the University's policy for responding to complaints of sexual assault was not equitable, as it afforded the accused individual, but not the complainant, the right to appeal the outcome of a hearing in a sexual assault case. in order to comply with the terms of the agreement, the University agreed to notify you in writing that you had the right to appeal the decision rendered on your sexual assault complaint that you filed with the University on February 17, 2011. The University also agreed that if you elected to appeal the decision, the would adjudicate your appeal in accordance with its current Sexual Assault Policy. The University provided OCR with information in accordance with the monitoring provisions.1 Based on its review of the information the University provrded, OCR determined that the University has complied with the requirements of the agreement. Accordingly, OCR has concluded its monitoring or the agreement, and is closing the above~referenced case as of the date of this letter This letter sets forth OCR's determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such OCR's formal policy statements are approved by a duly authorized OCR official and made available to the public. You may have the right to file a private suit in federal court Whether or not OCR finds a violation. deter mined that you elected not to appeal the University's decision The Deprmmertl 9/ autumn minim) lopr'umore mm: uchietenwn/ andprepamlmn/ar' global by edllcalranal and emitting equal mm Page 2 of2 Case No.02711-2094 Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this letter and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect to the extent provided by law) personally identifiable infonnaliou that if released. could conslitute an unwarranted invasion of personal privacy. If you have any questions: please contact Ronald L. Soon, Compliance Team Attorney: at (646) 428-3820, or cr Felice A. Bowen, Compliance Team Leader, at (646) 428- 3806, 01' felice bowenfiedfiov. Very truly yours, Timothy Blanchard STATES DEPARTMENT f" September 28. 2012 Re: Case No. 02-11-2094 The New School Dear-- The Department of Education. New York Office for Civil Rights (OCR) has completed its monitoring of the implementation of the resolution agreement in the above--referenced case. By letter. dated September 30. 201 l. OCR advised you and the New School (the University) that implementation ofthe agreement would resolve your allegation that the University's policy for responding to complaints of sexual assault was not equitable. as it afforded the accused individual. but not the complainant, the right to appeal the outcome of a hearing in a sexual assault case. In order to comply with the terms of the agreement. the University agreed to notify you in writing that you had the right to appeal the decision rendered on your sexual assault complaint that you filed with the University on February 17. 20] l. The University also agreed that it' you elected to appeal the decision, the University would adjudicate your appeal in accordance with its current Sexual Assault Policy. The University provided OCR with information in accordance with the monitoring provisions.' Based on its review of the information the University provided. OCR delennincd that the University has complied with the requirements of the agreement. Accordingly has concluded its monitoring 01' the agreement, and is closing the above-referenced case as of the date of this letter, the letter Sets forth OCR's determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. OCR's formal policy statements are approved by a duly authorized OCR official and made available to the public. You may have the right to file a private suit in federal court whether or not OCR findsaviolation. struts or mt (IA nox- riI?Hti mi: 1? Rliiliis HI it? lip-=1, '1 21(va NH). 5 2:2! llMU'l'l-H (. .I. ll! mm m" as: Hum; NH September 28, 2012 David E. Van Zandt President The New School 66 West 12Th Street New York, New York 1001] Re: Case No. 02~11~2094 The New School Dear President Van Zandt: The US. Department of Education, New York Of?ce for Civil Rights (OCR) has completed its monitoring of the implementation of the resolution agreement in the above-referenced case. By letter, dated September 30, 2011, OCR advised the New School (the University) that implementation of the agreement would resolve the complainant?s allegation that the University?s policy for responding to complaints of sexual assault was not equitable, as it afforded the accused individual, but not the complainant, the right to appeal the outcome of a hearing in a sexual assault case. In order to comply with the terms of the agreement, the University agreed to notify the complainant in writing that she had the right to appeal the decision rendered on her sexual assault complaint that she ?led with the University on February 17, 2011. The University also agreed that if the complainant elected to appeal the decision, the University would adjudicate her appeal in accordance with its current Sexual Assault Policy. The University provided OCRwith information in accordance with the monitoring provisions.l Based on its review of the information the University provided, OCR determined that the University has complied with the requirements of the agreement. Accordingly, OCR has concluded its monitoring of the agreement, and is closing the above-referenced case as of the date of this letter. This letter sets forth determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. formal policy statements are approved by a duly authorized OCR of?cial and made available to OCR determined that the cemplainant elected not to appeal the University?s decision. The Department of Education '5 mission is to promote student achievement and preparation for global competitiveness by fostering educational excellerzca and ensuring equal access. Page 2 of 2 Presidem an Zandt, Case No. 02-1 1-2094 Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this letter and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect to the extent provided by law, personally identi?able information that if released, could constitute an unwarranted invasion of personal privacy. Thank you for your cooperation. If you have any questions, please contact Ronald L. Scott, Compliance Team Attorney, at (646) 428-3820, or ronald.scott@ed.aov; or Felice A. Bowen, Compliance Team Leader, at (646) 428-3806, or felicebowen?ied.aov. Ver 11] our Timothy Blanchard RESOLUTION AGREEMENT The New School OCR Case No. 02-11-2094 In order to resolve the compliance concern identi?ed in Case No. 02~11~2094, the New School (the University) assures the US. Department of Education, New York Of?ce for Civil Rights (OCR), that it will take the actions detailed below pursuant to the requirements of Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 11.8.0 1681 9; son, and its implementing regulation at 34 CPR. Part 306. Action Item: By October 35, 2011, the University will notify the complainant in writing that she has the right to appeal the decision rendered on her sexual assault complaint that she ?led with the University on February 17, 2011. If the complainant elects to appeal the decision, the University will adjudicate her appeal in accordance with its current Sexual Assault Policy. Reporting Requirements: 3. By November 15, 2011, the University will provide to OCR a cepy of the written notice to the complainant referenced in the Action Item, above; and advise OCR as to whether the complainant has requested an appeal. 1). If the complainant appeals the decision rendered on her sexual assault complaint, by March 31, 2012, the University will provide to OCR a copy of the decision reached on the appeal; including at a minimum, copies of the complainant?s appeal, any additional information considered during the appeal, and the speci?c reasons for the decision reached on the appeal. The University understands that OCR will not close the monitoring of this agreement until OCR determines that the recipient has ful?lled the tenns of this agreement and is in compliance with the regulations implementing Title IX, at 34 CPR. 106.8, which was at issue in this case. The University also understands that by signing this agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this agreement. Further the University understands that during the monitoring of this agreement, if necessary, OCR may visit the University, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the University has ful?lled the terms of this agreement and is in compliance with the regulations implementing Title IX, at 34 C. RR. 106.8, which was at issue in this case. (i ?Da Student and 19 Filth Ave" Flt. 2122295349 212.229.5166 FAX sn@irewschooi.edu 11' NEW a university Ziididlei'i'l: Remit Team Page 1 Di 2 Rnpanbd by: -- sane: Student, Lang Dated! Rkpefl: 2/17/2011 rush Address telephone ll) Notinct. non--015) Status: mfli'g?" I Stuy Park, I Student Stuy Park, student Commuter Student Dale "In! armaments "52:1? ggerigkfilw'ww inziflem Location: Stuy Park,- 'Malure otinctdenu Sexual Misconduct, Sexual Harassment Baum of the lneidvni; (Ba attache and lactuat, include and gums Iny ditcct statemanlsyou molt actions. behuvmi awareness, demeanor. Yuu will be contacted by the mica if additional archime is nestled) On thiirsdey, February 2011 around 2pm. students--came to 79 avenue to speak It) houslng Front dask 5'3" them to Student Rights and since the SNOSNS reported a concern about a "sexual pre ator Accordrn to he lived across the hallway at Stuy Park irom-- She reported that on January 30 2011 ouched her inappru ria coerced her into sexual activity against -- a triend oi recount semester (Fall 2010) that she found "odd, but had at Her initial behavior, which in -case did not escalate to any sexual However, both students telt that comments were very similar to thelr separate experiences With him _stated that on January 30'" around 7pm she was on Facebaok and was chatting vvith-- She then invited him over to hang out While they were hanging out, he began to give liei a massage The massage became sexual when--began to massage her breasts He allegedly puited down her are which made her uncomiortatste but she "let it side He then tried to her, the kiss was on her meek and the activity stopped when she told hirh she needed to go to the bathroom He then said he would Just leave -re-.urned to his room across the hall This was around mom or so Sometime later that evening, _messaged- on Faceouoh about how their oreirious activity was not appropriate and she stated that it not happen again between them. _d not want to continue the conversation over Facebook chat, so asked it he could come over _came over and _stated that he gave hera hug She told hm" that 'complied They started to iusttatk and hang our A: inst-was at her desk and--was sitting on her oed She stated that he coerced her into maklng out which toot place on her bed. He then proceeded to "dry hump her Hc then pulled down her paiarna top oil ol her shoulder and her era and kissed her bare breast She said NO, but he continued She saic NO again, but he ccnlinued According to-- he repeated this action multiple times, to which she continued sayirg no He then placed his hand on her crotch toutside her clothes), she said NO and moved his hand away, -put his hand or her crotch again. to which she said NO and pushed his hand away again _stated that he repeaed this action around 10-15 times _added that shortly hetore any activity usga Satd something to the etteot oi "let have so rid "I'm clean You re on control," She responded "Nu, that's not OK While making out-recalled-saying "l love you" and Many me and told her about how his iamin has no history of divorce According to -he was on top at her whe1 he was a humping her, out they were times that she was on top while they were making out The activity finally stopped when finotlced the time, that it was zero -then went to he' desk onto her corn uter -remained on her bed She asked him 'when are you going to leave He staetd that he had to pray fl in her mom lor another 45 minutes When _linally got up Student Rights and 79 Filth Ave., Flr. 212.229.5349 212.225.5166FAX NEW am A imidfiomt Report Form to isave, he itrst hid behind ihe door cil'lel' loom to make sule no orle was ln Ihe He ll'en hid behind the dour In the kitchen to make sure no one would see him leaving the Suns During tlrne,-statsd that she ielt coerced lnlo making outwnh him and that she said No when he Klssed her breasl and said NO when he pu| hand on her crotch. The following day. -excnanged the tnltowtng texts Ma: Yo when sald no to and you kept gotng that was not cool hi It cant handle roolrng around with a damn guy thats trneyust make rt clear how be over very qurck cheers Fwd: me: can handle it, I just want my to he respected, whreh I tell happen last Him: Ok then im done. Ur boundaries Wili (especled Jeez (eke Care and ieave me alone ur me the luck ouL Ilke mica sheltered iDr me its better for me Fwd: him To and It rt wont work out-- Fwd: hlm: And for im too intense lur 4m sorry-- Fwd: hlm: No hard teatian were too dlfferent for etao have a good dayl Imperial" ihls eosolutely stays eiween US Fwd: him Cleo Me: Seems the you have no interest in haw I felt last nlghi when you md sluif didni want you (0 do and (Old you to stop many times and even removed your hands. Bye Fwd: htrn: Anyways hope ure fine lmjust too Intense tor Bye Fwd: me. It wasnt rt was a leak at respect Him: i dlsagree With but if i were to do it now it wouid' Ure clear about who are at ihls point. now take carei Dontwurry about ll happentng crac-- On February 17, 2011._ was speaking unth -- nd dlscovered that-- had hung out last semesterwuh _whioh she descvibed as "odd She shared that --net her on Facebook and even all rnvited her overlo hang out They were alone in his dorm room and they are Jusi that at one began massagan her arm and her what it made her feei? She sard she just ed ll oh hut lound rt strange. She also recounted how he asked her some ouestrons that made herieel unccmionabie. asked her-are you a and "are you a good klsser7" Dunno a later part of the oonversahon, he also asked her it she had had any lesban expenencs -- "have you ever been eaten out by a girl" and "would yuu ever eat outa glri'F' Texts between --nnd --mund January 31, 2011. Me: Yo when 1 said no te things and yeu hept going that was not cool. him: Ifu cam handle fooling around with a damn guy (hats fine just make it clear now be over my quick. cheers -- Fwd: me: I can handle it. ijusl wahl my to be respected. which i felt didnt happen last night. Him: Ok then im done Ur boundaries will [1 respected. Jeez take care and leave rm: alone ur creeping me the fuck out. like ur ton sheltered for me Its better for me Na: him: To end rt wont work oul Fwd: hlln: And for im too intense for im sorry-- Fwd: him: No hard feelings were too diITereIIl forlhisl Gian have a good day! p.s. Important: this absolutely slays clwcen us Fwd: him: Ciao We: Seems like ynu have no interest in how i felt last night when you did stuffi didnt want you to do and told you to stop many tunes and even removed your hands. Byt: Fwd: him: Anyways hope me fine im just too intense for k? Bye Fwd: me: It wasnt it was a lack ofrespect. Him: I dtsagtee with but tl't were to do ilnmv il Um elem aboul who are at this point now take care! Dem worry about it happentng clac-- mum Wu. mum mum insum nun unnu mutt Pawns sun DESIGN um; run LIBEHM ms times count: mt um WM Music we r: - hum n! mt sew mmAzzAItn cummr-nmmusic March 28. 201 't Loeb Residence Hall l35 East 12'" succt, 3C New York, NY 10003 Dear-- lwrite to notify you of the outcome ofmy REVIEW of the allegations assault that you made againsl another student--This information is being provided as per your rcqucst and pursuant to Scciirm pad/(mm ct tl'lt: Fumin Educational Rightx and Privacy Act. which allows the university to share my findings with you. As I explained to you at our meeting on March 11. Ni 1. under 3.3 ofthe university's AlorrAt-m/enric Disciplinary 1'l'acedumir-wmved his right to 3 Disciplinary Panel Hearing and chose instead to have the incident reviewed by my office. I met with on Matcth. 201! to review the allegations against him. My finding was inconclusive in that was unable tu with any reasonable certainty that the alleged violation did or did not occur Thus, 1 have determined that-- will not be held responsible for the allegations against him. He was infomied that a record ofmy finding would remain on File with the university and would be considered should any future allegations ot'u similar nature be filed against him. cautioned not to attempt to contact you directly or indirectly either in person. by phone or in writing to discuss this incident. and that any attempt to do so would constitute a sepamtc Violation of the Sexual Assault Palicy and Procedures, Pending this outcome. the other Student was relocated to zuothcr residence and not allowed in ycur residence or the 13'" Street Cafeteria. Even though my finding was inconclusive. this will remain for the remainder of the semester. Should you have any questions. can be reached at 212.229.5900 x3656. Sincerely. (710mm Cit 1'02?er Thomas J. McDonald Assistant Vice President Student and Campus Life ee: ee'7mfl/Q jo'm" flaw/31% M0 MW 75 gig/0mm 7'11 W, W74 45% tactfvagzg 4" at" flaw/w "0'60 :26. MUA a 1 MM w:th We! WW w, AMA/fwd 34W (fix . fol an 54 0K AJZ fix? flan Lam-g gem/n4 .flWo/jma "Willa. Mi I A21 7570 im, wW a de M) Mug?) Ca 19/, talk/w. .49 10"? MA flaw/a 75? W4 k6,; myr/ fl: fing Menh #7W0 Jaw; ,7 Awffi gwfiflw .1. 7/5171)" LW MM a - '1 ,0474 mywArw/ m: Nut wee nrusmstums res-it so run mum mu um um>> yoth unsmG m. mt DESIGN tum: mt: nouns! ms mumsmumi mt Nut mm Music mt mm vs: Kl! 5000 main: tutu Music Match 28 201 20'" . tteet Rt. denee Hall 300 West 20'" Street.- Nevt York NY l00|l Dear-- lwl'itt: to not you ot'tlte outcome ot'tny iplinar in tllegatiomot' sexual a tilt that were mild: against by another student imet \\ith>>nu on March 21.20" to sail]: allegations made a instyitth) another student and the related distiplinary procedures. As hnon. on Fehrtiar) t7.2011.thh student filed an incident report Student Rigli and Re. ptmsibilit s. M, (icnc l'untirlk on. Director of Student Rights and met \\ith you to renew the and ullou you the opportunity to respond. Site ulau met with the student who tiled the report along with another student ho rcponcd that )ou made inappropriate comments ol'a sewal nature to her last semester. tinou t'C\lL'Vt ol'thc incident. Student Riglt nd Respon hihties ret'erred the int. em to my attention in uceordanee with Set/um ot'the unitcrsity's Dump/mun I'rm'utlili't'v. Itenee our meeting the student allege: that on hrnuen 2011. 'nu touched her inappropriate-l) Ind without her consent. According to the repo While the two ol'yiu were' out in her suite. you began to give her humane. 'l he mu. sage heeume neatlle hen you been to massage her breasts. You ti pulled down it 'bra made her {eel uncomfortable. Some time later that etening. the Cm'dlc student messaged you on I-'aeebooL about hows the "\in \Vas not appropriate and she stated that it Will not happen again between the tvui ot'3ott You did not want to continue the conversation oter lfacehook chat. 3o you asked il'ytnt could come over to which she agreed. She that you etuntuull) coerce-d her into making out (kissing) which took phi 'tm her bed. pulled down her paimua ton and her bra. and sed her breast, She :aid no" multiple times ultcn you hi cd her l'il'L'lISL but youjust continued. You also placed your hand on her crotch [outside her clothefl. she said "no" limca and moved your hand nun} multiple times. but )ttu continued When ytiu met with Student Rights and Roiponsihiliti .you said you did go tner to the student's room to hang out and talk with her. You said that you did in tgr: ltcr. rubbed her back. but that it was nothing se. at. You recalled that ditt touch her breast. but noticed that the sttualitm hecatne a\\L\\ill'tl i )ou stopped the inns gc. You stated that the t'anhc, it that etcning was and her breast. but you telt that 3th did not do anything against the female student's will You added that since it felt awkward in the room. you decided to leave even though you felt she wanted you to stay. Later that night, you returned to her room after briefly chatting on Faeebook. You said that you suggested that the two of you kiss and "see how it goes" You said that you did remain in her bed alter making-out but did not think you were there for 45 minutes. Before you left. you did check to see that no one was in the kitchen and no one was in the hallway because you did not want people seeing you walk out of a girl's suite. You said that you live in a freshman dorm and did not want minors spreading around. Throughout our meeting. you stated that you never went against her will during any orihe activity and that you both consented to kissing. 1 informed you by letter that under Section [11.5.3 of the university's Nun-Academic Disciplinary Pr'ucedmm' this complaint would be reviewed by 3 Disciplinary Review Panel unless you chose to exercise your right under this Section to waive review by the Panel, in which case, I would review the complaint and make adetenrtination of responsibility. You told Ms. Gene Pnno~DeLeon via e-mail that you wished to waive your right to the Disciplinary Review Panel. You and I met on March 21, 2011 to review the incident. 1 met with-m March 1 20l to review the incident with her My finding is inconclusive as was unable to determine with any reasonable certainty that the alleged violation did or dirt not occur. I hereby determine that you will not be held responsible for the allegations against you. However. a record of this finding will remain on file with the university and will be considered should any future allegations ol'a similar nature be filed against you. Furthermore, you were relocated to the 20'" St. Residence and harmed from all other residences pending the outcome ofthis review. Out of respect for the sensitive nature of the allegations and the infomation sharedt i am requesting that you remain at the 70'" Street Residence and do not enter any of the other residences for the remainder of the semester Pursuant to Section or the Family EduL'ulwmil Rights' and Privacy Act. -will be informed in writing ofn'ty finding. Do not attempt to contact-directly or indirectly either in person, by phone. or in writing to discuss this incident. Any attempt to do so will constitute a separate violation or the Storqu Arum]! Policy and Prunedtn'mx Should you have any questions. I can be reached at 212.229.5900 3656. Sincerely 550mm: Murrow Thomas McDonald Assistant Vice President Student and Campus Life cc: yqzj/'qTI/YfiXL/eo' I, Al anaa' 4g gi/ lam/f 41/ 1' W2: 1 m6" 30/ ?0 fl" .175 @1797m/MmW/fleymg 3:775:45 jaw we Ma 4455 @772 360 '06. WW Jyonfixd WV 3 A 7 1 WW "Jet 94% fiJrfi an FBI 52:2; y;ka pg) A2 /u Ag An fl>> Wax/pad xv . A,me WM 7% [aj dam/<n: sweat svunlis u: sow smut arses-tat mum in! mono" mountain mucv worsens rm - roll mun mum was mum muum ms MANHES mums mt Mal mm must: n: maul-A u: mini-tin March 28 201 20 [reel Re den i all 300 West 20'h Street - New York. NY Dear-- write to notin you ol'tlte outcome ot'm) iplinary evt or sexual assault that were made against you by imam "Mend on March 2 l. 2011 to discuss the allegations made against you by another student and the related Litsuplittary procedure As )ou know. on Mm. I7. 201 I. this student filed an incident report with Student Riglt and Reopotts Gene Putin-Deleon. Director of Student Rights and Responsibilities. met uith you to review the allegations and allou you the opponunity to respond She also met vtilh the student who ti ed the report along with another student who reponcd that \ou made inappropriate continents ol'a sexual nature to her last semester. Upon retiew ol'the Incident. Student Rights and Responsibilities referred the incident to my attention in accordance with 3M) ot'lhe universit} Ntm-Acmletnie DIAt'ip/inury hence our Incclittg. I met with The student alleges that on Jonuat') 30 201Lynu touched her inappropriately and without her consent. According to the repo ihile the two of yttu were anging out" In her suite you began to '6 her a massage. l'he mas. ge became sexqu when you bcgan to massage her hr sts. You also pulled down her bra hieh made her feel uncomfortable. Sometime later that ctening. the female Sllidcnl messang you on l'acebouk about how the previous was not appropriate and she stated that it uill not happen again between the two or you. You did not want to continue the conversation over l-'aeehook chat. so you asked il'you eoultl come over to which she agreed, She reported that you eventually coerced her into making out (kissing) which took place on her bed. that you pulled down her paiama top and her bra. and kissed her breast, She said "no" multiple timcs when you kissed her hr st. but you just continued, You also placed your hand on her crotch (outside her cloth . . he said "no" multiple times and moved your hand away multiple times. but you continued, When )uu met with Student Rights and Responsibilities vou said that you did go over to the student's room to hang out and talk with her. You said that you did mas ge her. rubbed her back. but that it was nothing sexual. You recalled that you did loutzh her hrettst, but noticed that the situation became awkward so you stopped the runs ge. You stated that the t' thest it went that evening was mg and touching her breast. but you telt that you did not do at thing against the female student's will. You added that since it felt awkward in the room. you decided to leave even though you felt she wanted you to stay Later that night, you retumed to her room aflerbrietiy chatting on Faceboolt. You said that you suggested that lhe two of you kiss and "see how it goes." You said that you did remain in her bed afier making-out but did not think you were tltete for 45 minutes. Before you lelt, you did check to see that no one was in the kitchen and no one was in the hallway because you did not want people seeing you walk out Ufa girl's suite. You sald that you live in a freshman dam and did not want rutnurs spreading around Throughout our meeting. you stated that you never went against her will during any of the activity and that you both consented kissing. I infomrcd you by under Sac/inn ofthe university's Noll-Academic Disciplinary procedural this complaint would be reviewed by 2: Disciplinary Review Panel unless you chose to exercise your right under this Section to waive review by the Panel. in which case, I would review the complaint and make adetermination oflesponsibility. You told Ms. Gene Pttno--DeLeort via e--matl that you wished to waive your right to the Disciplinary Review Panel. You and I met on March 21. 201 to review the incident. I met with-on March I l, 2011 to review the incident with her. My finding is inconclusive as I was unable to determine witll any reasonable certainty that the alleged violation did or did not occur. I hereby determine you will be held responsible for the allegations against you, However. a record of this finding will remain on file with the univet'slty and will be considered should any future allegations ofa similar nature be tiled agalnst you. Furthermore, you were relocated to the 20'" St. Residence and banned from all other residences pending thr: outcome of this review. Out of respect for the sensitive nature of the allegations and the information shared. I am requesting that you remain at the 20'" Street Residence and do not enter any nfthe other residences For the remainder of the semester. Pursuant to Section FamiI't' Educational Rights [WIth 'ch -will be informed in writing ofmy finding. Do not attempt to contaet'directly or indirectly either in person. by phone. or in wt iting to discuss this incident. Any attempt to do so will constitute a separate violation of Policy and Procedures. Should you have any questions. I can be reached at 2122295900 3656. Sincerely. Miami>> 1 minimum Thomas J. McDonald Assistant Vice President Student and Campus Life cc: Sexual Assault Policy Statement of Purpose The New School is committed to creating and sustaining a university environment in which students, faculty, and staff can study and work in an atmosphere that is open, healthy, safe, and unhampered by discrimination. Consistent with this commitment and in keeping with federal and state law requirements, it is the policy of the university that sexual assault and sexual exploitation will not be tolerated. Non-consensual sexual conduct and other forms of sexual violence can be traumatizing and detrimental to a person?s learning experience and total health and has no place in our community. The New School will take any and all action needed to prevent, correct, and discipline behavior that violates this standard of conduct. Due diligence will be used to ensure the disciplinary review and any appropriate action be taken in as expeditious manner as possible. The university will make every effort to provide assistance and support to the victim of sexual assault in a thorough, consistent, and sensitive manner. Sexual Assault is a serious problem on college campuses throughout the country. To counteract this problem, the university provides educational and preventive programs, resources for individuals dealing with sexual assault, and accessible methods of complaint resolution. Definition of Sexual Assault The university defines sexual assault as follows: . Non-consensual Sexual Intercourse or Sexual Contact which includes any non-consensual oral, anal, penal, vaginal penetration, with any object, by an individual or group upon an individual or group, without consent. It also includes any intentional sexual touching (intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice), with any object, by an individual or group upon an individual or group, without consent. 0 Sexual Exploitation which includes when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual assault offenses. Examples of sexual exploitation include, but are not limited to: Prostituting another student; Non-consensual video or audio-taping or photographing of sexual activity; Unauthorized posting or distribution of materials involving the sexual activity of another person(s); Going beyond the boundaries of consent (such as voyeurism or secretly watching others); Tampering with birth control or condoms; Knowingly transmitting a sexually transmitted infection or HIV to another student. This definition includes conduct that may be considered criminal under the New York State Penal Code. New York State Law contains the following legal provisions defining the crimes related to sexual assault which can be viewed at the following site: Definition of Consent The presence of consent involves explicit communications and mutual approval for the act in which the parties are/were involved. A sexual encounter is considered consensual when individuals willingly and knowingly engage in sexual activity. Consent can be revoked at any time for any reason. Consent is active, not passive: lack of resistance, physical or verbal, does not imply consent, nor does siience, in and of itself, imply consent. It must be given for every act and for every time that the act occurs, regardless of history, past behaviors, or reputation. in order to give effective consent in New York State, one must be of legal age (17). Consent cannot be procured by use of pressure, manipulation, compelling threats, intimidating behavior, substances and/or force, nor can it be given if an individual is mentally or physically incapacitated by alcohol or other drug use, unconsciousness, mental disability, asleep, and/or involuntary physical restraint. Intoxication does not excuse behavior that violates this policy. Reporting Procedures Students are encouraged to speak to staff at the university to file a report of sexual assault. Students have the right and can expect to have incidents of sexual assault taken seriously by the university when reported, and to have those incidents investigated and properly resolved through administrative procedures. To file a report, a New School employee, whether staff or faculty, should report the sexual assault to the Senior Vice President for Human Resources or to the Office of the General Counsel. A student should file a report of sexual assault to any of these university offices: 0 Student Support and Crisis Management 79 Fifth Avenue, 5?h Floor 212.229.5900 ext. 3189 or x3710 0 Student Rights and Responsibilities1 79 Fifth Avenue, 5th Floor 212.229.5349 0 Campus Security 55 West 13th Street, Mezzanine Level 212.229.7001 (24 hours) Once a report is filed the university official receiving the report or another appropriate official will provide the following information: - 0 Clear explanation of the university investigative and hearing procedures 0 Where to access medical care 0 information about legal options 0 Where to access support services on and off campus There may be circumstances in which the university must take immediate action to protect the university community, prior to a formal hearing. Actions such as interim suspension and/or removal from housing may be deemed necessary by a senior university official. After reporting sexual assault a student may request the following: 0 Change of on-campus housing assignment or exploration of alternative housing 0 Transfer to a different class sections when available, without academic penalty 1 The Assistant Vice President for Student Campus Life is the University?s Title IX Coordinator. 0 Determine feasibility of incompletes or leave of absence After filing a report if a student expresses reluctance or unwillingness in proceeding, the university, in accordance with the belief that a victim of sexual assault should be given this right, may comply with this request after appropriate investigation, as long as doing so maintains the health and safety of the university community. Removing Barriers to Reporting The university encourages the reporting of code of conduct violations and crimes. Sometimes, victims are hesitant to report to university officials because they fear that they themselves may be accused of policy violations, such as underage drinking, at the time of the incident. To encourage reporting, the university pursues a policy of offering victims of sexual assault limited immunity from policy violations related to the incident, this also extends to students who offer help and assistance to others in need. While violations cannot be completely overlooked, the university will provide educational options utilizing university support resources) rather than punishment, in such cases. Confidentiality When a report is filed, every effort will be made to protect a student's privacy, and sharing of information will be on a need?to-know basis only. If a student seeks to make a confidential disclosure, this can be made to a medical or mental health professional, as protected by law, either on campus at Student Health Services or off campus (see resource section at end of this policy). Investigative and Hearing Procedures For the purposes of this Policy, the student making the complaint of sexual assault will be referred to as ?the accuser? and the student alleged to have committed the assault will be referred to as ?the accused.? Complaints will be investigated and processed expeditiously. Complaints of sexual assault will be reviewed under the Non-Academic Disciplinary Procedures (hotlink to form) and handled as a Level II Review. Under Section of the Non-Academic Disciplinary Procedures, if the accused accepts responsibility for the alleged violations, the accused may waive the disciplinary review by the Disciplinary Review Panel. The Senior Vice President for Student Services or his/her designee will then determine sanctions, if applicable. if the accused does not accept responsibility or accepts responsibility but does not waive his/her right to a disciplinary review by the Disciplinary Review Panel, the Assistant Vice President for Student and Campus Life will convene the panel. Panelists are selected by recommendation by the Faculty Senate, the University Student Senate, the Provost, and the Senior Vice President for Student Services. Members of the panel will be trained prior to panel hearings on sexual assault, its impact, and other information appropriate to this type of panel hearing. The Assistant Vice President for Student and Campus Life facilitates the hearing but does not weigh in on determining responsibility or sanctions. The Hearing If the matter is referred to a Panel for its review, the Panel shall set to begin as soon as possible after the accused has received notice of the complaint. The accuser and the accused will have the option to appear before the panel separately. The accuser and the accused may choose not to appear before the panel and may submit a written statement to be read to the panel. At the review, the Panel hears statements from both parties, asks questions, and then makes a decision based upon whether there is a preponderance of evidence that the sexual assault occurred. Preponderance of evidence means that it is more likely than not that the facts the accuser seeks to prove are true. The Panel?s recommendation will then be sent to the Senior Vice President for Student Services who will review the recommendation of the Panel, and decide on a sanction, if appropriate. The accuser and accused party are each entitled to have a support person present during a panel hearing (an ally, friend, family member). A lawyer can be considered a support person and attend, but cannot ask questions or direct the hearing process. Past sexual history or sexual character of a party will not be admissible by the other party in hearings unless such information is determined to be highly relevant. All such information will be presumed irrelevant. While previous conduct violations by the accused student are generally not admissible as information about the present alleged violation, the Assistant Vice President for Student and Campus Life may supply previous complaint information to the hearing panel, or may consider it him/herself if s/he is hearing the complaint. Sanctions Statement The university conduct process is founded on educational ideals that reflect the university?s mission. As much as possible, the university is committed to educating students to be aware of policy, to respect others, and to be accountable for their actions. The Hearing Panel attempts to look at each situation independently and consider all variables in recommending a fair and reasonable sanction in a timely manner. 0 Any student found responsible for violation of The Policy on Sexual Assault will receive a sanction ranging from warning to expulsion; depending on the severity of the incident, and taking into account any previous campus conduct code violations. The outcome of a hearing panel is part of the educational record of the accused student, and is protected from release under the federal law, Family Educational Rights and Privacy Act (FERPA). However, the university observes the legal exceptions as follows: 0 The accuser has an absolute right to be informed of the outcome and sanctions of the hearing, in writing, without condition or limitation. The university may release publicly the name, nature of the violation and the sanction for any student who is found in violation of a university policy that is a ?crime of violence," including but not limited to sex offenses and assault. The university will release this information to the accuser in these offenses regardless of outcome. The accuser and the accused have the right to appeal the decision of the hearing panel. This appeal must be received in writing within ten (10) working days of the hearing outcome. The appeal will be reviewed by the Senior Vice President for Student Services in consultation with the Provost and the dean/director of the program for which the accused is enrolled. That decision will be final. In making this determination two things should be considered as grounds for an appeal: clear and specific demonstration of being denied a fair review, and (ii) flagrant discrepancy between the infraction and the imposed sanctions. Federal Law on Sexual Assault The Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act (Clery Act} is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. 0 Institutions must publish an annual report disclosing campus security policies and three years worth of selected crime statistics 0 Institutions must make timely warnings to the campus community about crimes that pose an Ongoing threat to students and employees Each institution with a police or security department must have a public crime log 0 The United States Department of Education centrally collects and disseminates the crime statistics 0 Campus community sexual assault victims are assured of certain basic rights. 0 Institutions must notify victims of their option to report their assault to the proper law enforcement authorities Students, faculty and staff who have questions or concerns regarding this policy or the application of this policy may contact the following university offices: a Student Rights and Responsibilities Address: 79 Fifth Avenue, 5?h Floor Phone: 212.229.5349 0 The Office of the General COunsel 80 Fifth Avenue, Floor Phone: 212.229.5432 Options for the Survivor of Sexual Assault The university strongly encourages students who believe that they have been sexually assaulted to report these incidents, and to be aware of the following options regarding medical, legal and care. The Importance of Medical Care The survivor of sexual assault has the option of going to a hospital Emergency Room for medical care. This is especially important if the survivor presents within 96 hours of the assault. To preserve the evidence, it is best not to shower, wash, douche, eat or drink, if possible. Carry evidence in a clean paper bag. If the survivor presents post 96 hours of the assault, it is still recommended that they receive medical care, but they will not have available all the options discussed below. The survivor has the right to refuse all or any parts of the treatment/evidence collection. The medical care following a sexual assault includes: a a physical exam to examine any internal or external injuries 0 evidence collection (if presenting within 96 hours of the assault) - preventive treatment for Sexually Transmitted Infections preventive treatment for HIV (if presenting within 36 hours) I emergency contraception {if presenting within 72 hours] 0 medical follow-up referrals and information It is recommended that you refer the survivor to one of the hospitals listed below. These hospitals have Rape Crisis Programs and have trained Advocates available 24 hours. The Advocates will provide emotional support and information and help with the police reporting process. 0 Beth Israel HOSpital Emergency Department 16th Street (between and 2nd Avenues) phone: 212.420.2840 it St. Luke's/Roosevelt Hospital Emergency Department 1000 Tenth Avenue (at 59th Street) - phone: 212.523.6800 Piease note: Going to a hospital emergency room does not mean that the survivor has to report the crime to the police. The survivor can go to the emergency room and get medical attention/evidence collection and then take some time to think about reporting the crime to the police. The hospital emergency room is required to store the evidence for 30 days. If the student refuses medical care from a hospital ER, it is still encouraged that s/he seeks medical attention. You can refer the student to their private medical provider or our Medical Services, where s/he might feel more comfortable. Just note that the student will not have available ali the options stated above, especially evidence collection. To learn more about the evidence collection procedure, please visit: ppendix_q.pdf Legal Options In addition to the university?s student disciplinary process and those disciplinary procedures applicable to faculty and staff, the survivor has the right to pursue criminal prosecution and/or civil litigation. S/he can go to the precinct corresponding to the area where the crime .occurred or call the New York Police Department Special Victims Report Line at 646.610.7273. The hotline provides the option of getting some information without having to disclose their name. With that information the survivor can then decide whether to go forward with the reporting process. The survivor should never be pressured to file a report. It is her/his decision to report unless: 0 There is suspicion or evidence of child abuse when a report to Administration for Children?s Services 800.635.1522 is mandated; 0 There is an injury by a deadly weapon, when medical staff only is mandated to report the crime to the police. Reporting a sexual assault to the police does not obligate the survivor to file criminal charges or pursue other legal action. In the case of sexual assault, however, prompt reporting and a comprehensive medical examination completed at a hospital emergency department within 96 hours of the assault will aid the legal process. The Office of Student Support and Crisis Management working with Campus Security are available to provide support and advocacy with local poiice. The university is committed to providing fuil and prompt cooperation and assistance in notifying the proper law enforcement personnel if the survivor so Chooses. Concerns Survivors of sexual assault can experience a wide range of emotional reactions, and the decision to report the assault and seek help is a very personal and complex one. It is encouraged that survivors seek support as soon as they are ready. As reactions can vary and may include shock, denial, anxiety, guilt, anger, and self-blame, as well as nightmares, changes in sleeping and eating patterns, ?ashbacks, and depression, the survivor may want to seek professional assistance either on campus at Counseling Services at 80 Fifth Avenue, 3rd Floor, or off campus at one of the local Rape Crisis Centers. Resources for Survivors, Allies and Advocates The New School Campus Security 212.229.7001 (24 hours} Student Counseiing Services 212.229.1671, option 1 Student Medical Services 212.229.1671, option 2 After Hours Nurse Advice Line - 212.229.1671, option 1 (when counseling and medical services are closed) Student Support and Crisis Management - 212.229.5900 x3189 or x3710 Student Rights Responsibilities - 212.229.5900 x3656 Assistant Vice President for Student Campus Life 212.229.5900 x3659 Student Ombudsperson 212.229.8996 x3619 Office of Human Resources - 212.229.5671 New York City Police and for Emergency - Dial 911 (24 hours) NYPD Special Victims Liaison Unit Report Line - 646.610.7273 (24 hours) District Attorney?s Offices Manhattan District Attorney?s Office - 212.335.9373 Brooklyn District Attorney?s Office - 718.250.3170 Bronx District Attorney?s Office - 718.590.2323 Queens District Attorney's Office - 718.286.6505 Staten island District Attorney?s Office - 718.876.6300 Hotlines 2 24 Hours Safe Horizon: Rape and Sexual Assauit Hotline - 212.227.3000 Safe Horizon: New York City Domestic Violence Hotline 800.621.4673 NYC Gay and Lesbian Anti-Violence Project 212.714.1141 Suicide Prevention (LifeNet) - 800.543.3638 New York Asian Women's Center 212.732.5230 Sexual Assault Advocacy and Counseling Services St. Luke's-Roosevelt Crime Victims Treatment Center 411 West 114th Street 212.523.4728 Beth Israel Rape Crisis Intervention Program 317 East 17th Street 212.420.4054 Women?s Rights at Work - 888.979.7765 New York City Alliance Against Sexual Assault 212.523.4344 New York State Victim Information and Notification Everyday New York State Crime Victim's Board - 718.923.4325 Domestic Vioience St. Luke?s?Roosevelt Crime Victims Treatment Center 411 West 114th Street 212.523.4728 The New York City Gay Lesbian Anti~Vio ence Project 240 West 35th Street, suite 200 212.714.1184 Resources The Lesbian, Gay, Bisexual, and Transgender Community Center 208 West 13th Street 212.620.7310 Testing Hispanic AIDS Forum at The New School, Student Heaith Services 135 East 12th Street, 2nd floor 212.229.1671 . Hours: Mondays, 4:30-6:30 PM (except university holidays) New York City Department of Health or 212.447.8200 (call for information: multiple testing sites) Local Pharmacies (the following accept coverage under the university sponsored Student Health Insurance plan) Duane Reade 24 East 14th Street. (Between Fifth Avenue and University Place) 212.989.3632 Duane Reade {Open 24 hrs.) 378 Sixth Avenue (at Waverly Place) 212.674.5357 K-Mart Astor Place and Fourth Avenue 212.253.9661 . Student Services - Rights and Responsibilities Sexual I-Iarassment-Assault Page 1 of? the New Satioul Student Services Student Serwces - Rights and ResponSibilities Sexual Harassment Assault Sexual Harassment-Assault The New School is committed to creating and sustaining a university environment in which students, faculty and staff can study and work In am Open atmosphere, uril?iampered by discrimination. This commitment is explicnly stated in all?descriptions of university programs and in all the official catalogs of the academic dinsions of the university. The university's statement on non-discrimination is' ?The New School. as well as its indivrdual lelSlOllS. is committed to a policy of equal opportunity in all its educational activities, privileges. programs. admissions policies. scholarship and loan programs and employment. it does not dis:riminate on the basis of race. color, national or ethnic origin. citizenship status. religion. religious practices, gender, sexual orientation. age; mental or physical disability. veteran or marital status As a necessary part of its commitment to create and sustain an environment free of any kind of discrimination, The New School commits itself to prohibit {textual harassment and to confront and deal with It when it occurs. Sexual harassmert is defined in this policy and procedures l?iavrl been established for responding to concerns. allegations and questions about seXual harassment brought by any member of the university community l'he university's. goal is to create a community free of sexual harassment. To do so requires good judgment. awareness and intelligence. To sustain this kind of community also requires directness and clarity, since many members of the community may not immediately recognize instances of sexual harassment and the consequences of such conducr on mdivrcluals and the community In order to achieve the goal of a. community free of sexual harassment. standards of behavior and procedures for dealing Wltl?l breaches of those standards must be established and implemented Within the context of academic freedom Education of the community on this issue Will also be necassary. The seeks to sustain a high standard of behavuor and to correct breaches of that standard, regardless of whether the offending behavior would meet external legal standards of the term sexual harassment Our goal is. to deal direttly and clearly With this complex issue. As in the case of any disciplinary issue. formal procedures may be Invoked when cannot be resolved informally To expand To Contract Definition of Sexual Harassment Sexual Assault Policy Adopted April 25, 2006 Introduction The New School is committed to creating and sustaining a university environment in which students. faculty, and staff can study and work In an atmosphere that is open, healthy, safe. and unnamperetl by discrimination. Consistent with this commitment: and in keeping with federal and state law requirements, it is the policy of the university that sexual assault and sexual abuse will not be tolerated. Nan? consensua! sexual conduct and Violence can be traumatizing and detrimental to a person?s learning experience and total health and has no place in our community. The New School will take any and all action needed to discourage, prevent, correctr and if necessary, discipline behawor that Viol-ates this standard of conduct. The university will make every effort to provide assistance and support to the Victim of a sexual assault in a thorough, consistent, and senSitive mariner. Definition Of Sexual Assault The term sexual assault. at: used by The New School in this policy, encompasses various forms of nonconsensual and coerced sexual activity involving forcible touching. It also incorporates the legal definitions of a series of offenses of sexual assault contained in New York State Law. These include acts of rape and of attempted rape (stranger and acquaintance), and non-consensual and coerced sexual activity where the victim IS overcome by force or fear resulting from the threat of force. or by drugs administered consent. or in any other Situation where the Victim is incapable of givmg consent. Sexual assault is considered a seriOus Violation of policy and is a crime in New York State. University Reporting Procedures Sexual assault is a serious violation of university policy thus the university encourages the reporting of sexual assaults to the appropriate officials as reporting is the only way the university can take action against the acoused assailant. We have two sets of reporting procedures regarding complaints of sexual assault which take place in univerSIty facilities. including dormitories. classrooms, offices. and auditoria: If the alleged assault occurred more than a week (5 days) before the report alleging an assault by a member of The New School community, victims who are students Should report sexual assault to the Of?ce of Student Support and Crisis Management or to the Office of Assistant Vice President for Student Affairs. Victims who are employees of The New School. faculty or administrators, should report the sexual assault to the Vice President for Human Resources or to the Office of the General Counsel. Victims and persons receiving reports of sexual assault are reminded of the importance of preserving evidence that may be necessary to the proof of criminal sexual assault or for use in university disciplinary proceedings. If the alleged assault has occurred in less than four days or less. victims who are students should repert the assault to tile same offices as above, and/or to University Security Who will contact those offices and assist in the procedures. There may be circumstances depending on the imminence and seriousness of the offense. in which the university must take action to protect the victim or other members of the university community. Victims who report the assault to the university will be fully informed in a timely manner of all their rights and options. including the necessary steps and potential consequences of each option. The 6/ 1/201 1 Student Services - Rights and Responsibilities :2 Sexual Harassment-Assault Page 2 of 7 best way for a victim to retain control over actions is to report the assault in the first instance to a confidential counselor or medical professional, at Student Health Services, where no action wall be taken without the victim's consent, unless required by law. University Disciplinary Procedures As complaints of sexual assault are serious Violations of univerSity policy, complaints against members of the UniverSIty can result in severe disciplinary actions by the University. Complaints against a student member of the university community will be rewewed and adjudicated using the Non-Academic Dismplinary Procedures Outlined in the University Student Code of Conduct. The procedures a victim may follow to pursue university action against a faculty or staff member depend on the employment status of the accused. The Vice President for Human Resources consultation with the Office of the General Counsel can adwse a Victim on which procedures would be applicable in a given case. The univerSity commits itself to providing judicial and disciplinary processes that are sensitive, Expedienti and of the individual rights of all involved. Both the victim and the amused have the right to be accompanied by a Supper: person through every phase of the process. Student victims may choose to change student housmg and academic arrangements, if Such changes are reasonably available, Without academic penalty. Possible sanctions for students resulting from the universny?s disciplinary process range from formal i'eprimands and community servica to suspensmn and expulsmn. Possible sanctions for faculty and staff range from reprimands to termination of empI0yment. Both the accuser and the accused shall be informed of the outcome of the campus di5Ciplinary process. Information For Individuals Accused of Sexual Assault Any individual accused of sexual assault will be notified if a complaint is filed against him/her. Once the accused receives notice of the complaint, it is recommended that helshe carefully rewew the Sexual Assault Policy and contact the appropriate office Student Rights and or the Human Rescurces Department) with any questions he/she may have. The acoused may respond in writing to the allegations that have been made against him/her. However, lie/she will still be required to appear in person at any rewew hearing on the Complaint. The accused should bear in mind that there are confidentiality mandates in the disciplinary procedure that must be abided by from the moment liefshe becomes aware of the complaint. Breaches of the confidentiality of the proceedings, or retaliation against any person bringing a complaint, constitute separate Violations of the Sexual Assault Policy. The accused has the right to be protected against the filing of malicious complaints. Individuals who file malicious complaints will be subject to disciplinary actiOn by the Statistical Reporting Requirement The univerSIty Will provide statistics of reported sexual assaults as requued and defined by the Campus Security Act. All personally identifying information will be removed from statistical reports. Educational Programming And Training For The University Community Educational programs and printed educational materials specifically addressing issues of sexual assault/sexual abuse, including acquaintance and date rape, will be made available to universaty students, faculty, and staff throughout the calendar year. Information on Sexual Assault contains information which the Univei'Sity must distribute to the student population regarding seXual assault required by state and federal law. Sexual assault abuse training, educational programming, and/or printed material will stress the importance of reporting incidents of sexual assault regardless of whether or not the Victim intends to pursue criminalr ciVii, or institutional disclpiinai'y action.1 Only when the Victim reports an incident involving an allegation of saxulil assault will university personnel be able to put the Victim in contact With trained personnel who are able to provide suppert and information which may be vital to subsequent criminal or institutional action. 1 As is the case for institutional disciplinary actions, if either the victim or the accused elects to a criminal or civil action as the result of an alleged sexual assault, the University can only provide in the form of information, guidance and advice but cannot provide any ?nancial to either the victim or the accused. Important Information on Sexual Assault Federal Law On Sexual Assault The: United States Congress enacted the Campus Sexual Assault Bill of Rights in 1992 as a part of the Higher Education Amendments of 1992 {Public Law: 1024325, section 486(0). The bill was signed into law in July of 1992. The Campus Sexual Assault Victims' Bill of Rights exasts as a part of the campus security reporting requirements of the federal law that establishes all student aid programs. the Higher Education Act of 1965. This law requires that all colleges and universities {both public and private) particnpating in federal student aid programs afford sexual assault victims certain basuc rights. It also requires the school to notify victims of their option to report their assault to the proper law enforcement authorities. The legislation was developed to combat the rte-victimization of rape survivors at college campuses across the country. .eclu/ 6604 6/1/201 1 Student Services - Rights and Responsibilities Sexual Harassment-Assault Page 3 of 7 New York State Law On Sexual ASsauit NYS Law contains the following legal provismns de?ning the crimes related to seXUai assault: Sectioi'i 130.20 Sexual Misconduct. This offense includes sexual intercourse Without consent and demote sexual intercourse Without t-Ol'iSP-I'it- The penalty for of this section includes Imprisonment for a definite period to be fixed by the court up to (me year. Section - Rape. This series of offenses Includes sexual intei-caurse with a person incapable of consent because of the use of forcible compulsion or befouse the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes sexual interc0urse with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years. Section - Criminal Sexual Act. This series of offenses includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible computsroo or because the person is incapable of consent due to a mental defect, mental ll?lCdeCltY, or physical helplessness. This series of offenses further includes oral or anal sexual conduct with a person under the age of consent. The penalties for Violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years. Section 130.52 - Forcible Touching. This offense involves the forcible touching cf the sexual or other intimate parts of another person for the purpose of degrading or abusing Such person; Or for the purpose of gratifying the actor?s sexual desire. touching includes the squeezing, grabbing, or pinching of such other person's sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to One year in jail. Section - Sexual Abuse. This series of offenses sexual contact with a person by forcible compuloon, or With a person who is incapable of consent clue to physical helplessness, or due to the person being under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to excaed three months up to imprisonment for a period not to exceed seven years. Section 130.65-3/ 66/ 67/ 70 - Aggravated Sexual Abuse. This series of offenses occurs when a person inserts a finger or foreign object in the vagina, urethra, penis, or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign obiect causes injury to the other person. The penalties for violation of? these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years. The Victim's Rights, Needs, And Options After Sexual Assault Occurs Victim's Rights Victims of sexual assault may encounter a bewddering number of chaices related to medical services, legal assistance, and other support serwces. The emotional reactions that may follow a sexual assault often make the decismn making process even more compiicatecl. The Sexual Assault Victim's Bill of Rights is as follows: You have the right to seek and receive help. You have the right to be given the same credibility as any other crime victim. You have the right to courteous, efficient treatment. You have the right to be treated with dignity and respect, without prejudice against race. class, lifestyle, age, gender, rellgion, sexual orientation, or occupation. You have the right to accurate information, presented in a way that you understand. You have the right to ask questions. You have the right to make your own decisions. You have the right to change your mind. You have the right to get help and support from others. You have the right to heal. You have the right to be informed of the outcome of any disciplinary proceeding. You have the right to be informed of your options to notify law enforcement. You have the right to be noti?ed of counseling services. You have the right be noti?ed of options for changing academic and living situations. Victim's Medical Needs Victims of sexual assault or attempted sexual assault should receive a comprehensive medical examination as soon as possible after the inCident occurs. This is important for two reasons. One is to provide an immediate opportunity to treat medical conditions that may arise as a result of the sexual assault. A Victim of sexual assault may also have injuries that are not physically visible. The second reason is to help in the collection of evidence. 6604 6/ 1 I201 1 Student Services - Rights and Responsibilities Sexual Harassment-Assault Page 4 of 7 A victim of sexual assault can go to the hospital for a forensic examination up to 96 hours after a sexual assault. This Will include a collection of evidence. Therefore, when possible, it is best not to shower, wash, douche, eat, or drink. Please note, however, that It may still be possible to collect evidence even if these things have already occurred. it is also important to bring, in a paper bag, the clothes that were worn at the time of the sexual assault. At the hospital emergency department, a victim can also be given a general medical examination, antibiotics and testing for sexually transmitted infections, emergency contraception, and HIV prophylaxis and testing. After completing a forenSic examination, the victim does not have to immediately file a report with the police. A hospital will store the evidence collection kit for 30 days, which allows for the Victim to later decide if she/he wants to report the assault to the police. Testing for the presence of date rape drugs can be done at a hospital emergency department, up to 96 hours after a sexual assault, when a police report is filed. Financial assistance for any expenses that are incurred at the hospital that are not covered by the victim's insurance may be covered by the New York State Crime Victim's Board if the assault occurred in New York State. If the Victim does not choose to have a forensic examination completed, she/he also has the option to go to the university's Student Health Serwces, a local health clinic, or their private physician for a general examination, emergency contraception, and sexual transmitted infection treatment and testing. Victim's Counseling Needs Victims of sexual assault can experience emotional as well as physical consequences. Initial reactions vary and may include shock, denial, anxiety, guilt, anger, and self-blame. A victim may experience nightmares, changes in their eating or sleeping patterns, and depression. Individuals who have been sexually assaulted are strongly encouraged to obtain help from a professional counselor as soon as they are ready after the incident occurs. Off-Campus Legal Options In addition to the univerSIty's student disciplinary process and those disciplinary procedures applicable to faculty and staff, the victim has the right to pursue criminal prosecution and/or civil litigation. Reporting a sexual assault to the police does not obligate the victim to file criminal charges or pursue other legal action. In the case of sexual assault, however, prompt reporting and a comprehensive medical examination completed at a hospital emergency department within 96 hours of theassault will enable the victim to file criminal charges at a later date if he or she wishes to do so. The Office of Student Support and Crisis Management working with the local police is available to provide assistance and information on criminal prosecution. The univerSIty is committed to prowding full and prompt cooperation and assistance in notifying the proper law enforcement personnel if the victim so chooses. The New School and New York City Resources New School Resources Student Ceiinseling Services - 212.229.1671 option 1 Student Medical Services . 212.229.1671 option 2 Student Support and Crisis Management - 212.229.5900 x3189 or 646.208.4534 (24 hrs) Student Rights Responsubilities - 212.229.5900 x3656 Assistant Vice Pre5ident for Student Affairs - 212.229.5900 x3659 or 646.210.6951 (24 hrs) Student Ombuds - 212.229.8996 3619 Office of Human Resources - 212.229.5671 UniverSity Security 212.229.5165 (24 hrs) New York City Resources In addition or as alternatives to the university support services, students may seek help from a number of community agenues. The followmg are other helpful numbers: Police emergency - 911 (24 hrs) NYPD SpeCial Victims Liaison Unit Report Line - 646.610.7273 (24 hrs) NYC Gay and Lesbian Anti~Violence Project - 212.714.1141 (24 hrs) Safe Horizons: Rape and Sexual Assault Hotline - 212.227.3000 (24 hrs) Safe Horizons: NYC Domestic Violence Hotline - 800.621.4673 (24 hrs) New York A5ian Women's Center - 212.732.5230 (24 hrs) Women's Rights at Work - 888.979.7765 NYC Alliance Against Sexual Assault - 212.523.4344 NYS Victim Information and Notification Everyday - (888) NYS Crime Victim's Board - 718.923.4325 Manhattan DA's Of?ce . 212.335.9373 Brooklyn DA's Office - 718.250.3170 Bronx DA's Office - 718.590.2323 Queens DA's Of?ce - 718.286.6505 Rape Crisis Centers (affiliated with hospitals) Manhattan Beth Israel Medical Center - 212.420.4516 Bellevue Hospital Center - 212.562.3435 Columbia Presbyterian Medical Center - 212.305.9060 Harlem Hospital - 212.939.4613 (24 hrs) Mt. Sinai Medical Center - 212.423.2140 New York Presbyterian Hospital - 212.305.9060 6/1/20] 1 Student Serv1ces - and Sexual Harassment-Assault Page 01 St. Luke?s Roosevelt Hospital - 212.523.4728 St. Vincent's Hospital Medical Center - 212.604.8068 Brooklyn Coney Island Hospital - 718.616.4209 or (24 hrs) Long island College Hospital - 718.780.1459 Bronx North Central Bronx Hospital - 718.519.5722 Queens Elmhurst Hospital Center - 718.736.1288 Staten Island St. Vincent's Medical Center, Staten Island Region - 718.876.3044 Student Code of Conduct Date Modi?ed April 2. 2008 I. Introduction As an institution of higher learning, the university affirms certain basic principles and values that are. in the fullest and best sense of the word. educational. The university is also a community and in that regard. upholds certain basic principles and standards of behavior that underlie its educational purpose. These include the recognition and preservation of basic human dignity. the freedom of expression. equal opportunity. and civil discourse, a sustained atmosphere of safety, respect for policies. rules. regulations. and standards set forth by the university, its academic divisions. and the federal. state. and city governments. The Student Code of Conduct is designed to protect and promote these principles and standards of behavior that are in keeping with our educational mission. Formal disciplinary proceedings and penalties have a role subordinate to informal conversation and discussion. advice and counsel. and supportive guidance. The Student Code of Conduct supports an environment where sensitivity. tolerance, and respect are sustained for members of the university community and its neighbors. All students at the university are expected to abide by the Student Code of Conduct. ll. Conduct violations A. University-wide Violations The following actions are considered violations of the Student Code of Conduct and are subject to sanctions Imposed in accordance with the Non- Academic Disciplinary Procedures of the university. 1. GENERAL Conduct unbecoming of a student member of the university community. 2. DISORDERLY CONDUCT - Disorderly conduct includes. but is not limited to. lewd. indecent or obscene behavior on university owned or controlled property or at university sponsored functions; conduct that is unreasonable In the time. place. or manner in which it occurs; and/or obstruction or dismption of university sponsored activities; or conduct which adversely affects the student's suitability as a member of the university community or which is with the mission of the 3. CONDUCT Verbal or written actions that are abusive to any person. or any other conduct which threatens or endangers the physical. emotional health. or safety of any person on university owned or controlled property or at university sponsored functions. 4. PHYSICAL HARASSMENT Physical harassment. Includes but is not limited to inappropriate touching. of any person or similar conduct that threatens or endangers the physical or emotional health. or safety of any person on university owned or controlled property or at university sponsored functions. 5. FRAUD Knowingly furnishing false information to the university administration. faculty. or staff. 6. FORGERY Forgery. alteration or misuse of university documents. records or identi?cation. 7. FALSE ALLEGATIONS Filing and/ or sharing of knowingly false information about another member of the community with faculty. staff. or other members of the university community. 8. THEN Possession of or involvement with stealing of property belonging to another member of the university community. 9. DAMAGE TO PROPERTY Damage to property of the university. or that of a member of the university community or campus visitor. while on university property or at university sponsored activities including, but not limited to. walls, classrooms, and residence halls. 10. VANDALISM . Intentional damage. destruction. or defacement of property including, but not limited to walls, classrooms. and resrdence halls. 11. DRUGS Use or possession of narcotics or dangerous drugs or of any illegal or controlled substances. except as expressly permitted by law. on university owned or controlled property or at university sponsored functions. Furthermore. students are prohibited from the on-campus possession of any type of paraphernalia associated with the use of drugs scales. bongs. pipes. etc.). 12. DRUGS - DISTRIBUTION Distribution or the manufacture of narcotics or dangerous drugs or of any illegal or controlled substances. except as expressly permitted by law. on university owned or controlled property or at university sponsored functions. Furthermore. students are prohibited from the oncampus possession of any type of paraphernalia associated with the use. distribution. or sale of illegal substances/narcotic drugs scales, bongs. pipes. etc.). I 13. ALCOHOL Use, possession. or distribution of alcoholic beverages. except when authorized by the Office of the Assistant Vice President for Student Affairs for a particular function. on university owned or controlled property or at universitysponsored functions is prohibited. Furthermore. the sale. distribution. or procurement of alcoholic beverages for anyone who is under the age of 21: the use of false identification to procure alcohol; and the possession on campus of any type of paraphernalia associated with the consumption of alcohol is expressly prohibited. Alcohol possession and use is prohibited in the Residence Halls by those students under the age of 21 and in dry residences as Outlined in the Residence Hall Handbook. This pertains to empty bottles used for decoration. academic projects. or other purposes. 14. PUBLIC INTOXICATION Public disruption due to intoxication or drunkenness from consumption of alcohol. narcotics, or dangerous drugs. 15. HAZING Recklessly subjecting any person to the risk of bodily harm. or severe emotional distress. or causing or encouraging any person to commit an act that would be a violation of law or university regulations. for the purpose of initiating. promoting. fostering, or confirming any form of affiliation with a student group or organization. The express or implied consent of the victim is irrelevant in determining whether or not there has been a violation. 16. UNIVERSITY FACILITIES Unauthorized entry or use of university facilities. 17. AREAS Students are not allowed on the roof. ledges. or fire escapes of any university building or residence hall. 18. KEYS Unauthorized possession. duplication or use of keys or key cards to university facilities including residence halls. Giving of keys and key cards to another individual including other residents and guests. 19. WEAPONS Possession. display. use or distribution of any weapon such as a firearm, knife. etc., or any item used as a weapon or of such a nature that it is intended for use as a weapon. except with expressed university authorization. on university owned or controlled property or at university sponsored functions. 20. FIRE SAFETY Tampering with or misuse of fire alarms. fire exits. firefighting equipment, smoke/heat detectors. sprinkler systems. and other safety devices on university grounds: causing or creating a fire: and the use of all open ?ame devices such as. but not limited to. sternos. Incense. kerosene lamps. and barbecue grills: failure to evacuate a building at the sound or activation of the ?re alarm system; and the use of any and all ?reworks. 21. NON-COMPLIANCE Failure to comply with directions of university officials acting In the performance of their duties. 22. UNIVERSITY Misuse or transfer of university identification documents. This includes but is not limited to. the transfer of university identification documents to gain entry to university buildings. and/or to procure any university services. Failure to obtain and provide an upto?date, official student ID for entry to university buildings. 23. GAMBLING Gambling in any form anywhere on campus. 24. SMOKING Smoking cigarettes, cigars. etc. is prohibited in all university buildings. 25. PEI 8 All pets are prohibited on university property. including residence halls. 26. UNREASONABLE AND EXCESSIVE NOISE Creating noise as deemed unreasonable or excessive by university staff on university owned or controlled property, including but not limited to noise that can be heard beyond a student's room or suite. The playing of musical instruments in areas other than those deemed appropriate by the university for such activrties. 27. UNAUTHORIZED POSTING . Posting of announcements and other publicity items at the university that are not in accordance with the guidelines set forth by the Office of Student Development and Activities (OSDA) and/or the appropriate department within the school or division. Announcements and publicity items to be posted on Residence Hail bulletin boards must be submitted to the Residence Hail Director for approvai prior to posting. Approved items may only be posted in designated locations. 28. UNAUTHORIZED SOLICITATION AND BUSINESSES SOIICiting or canvassing on university owned or controlled property without prior approval. AuthorizatiOn i or canvassing in the Residence Hall is given only to recognized university groups or organizations. Solicitation Is not permitted in the Residence Hail without the advanced written permission of the Office of Student Housing and Residence Life. if a solicitor disturbs a resident, a member of the residence life staff must be contacted immediately. Students are not allowed to conduct businesses on campus or in the residence halls. Businesses. as de?ned by the Student Code of Conduct. pertain to any service provided in exchange for cash, services. or any other form of bene?ts. 29. SAFETY OF OTHERS No person shall create conditions that endanger or threaten others or their property. or create a health hazard or nuisance. B. Residence Hall Specific Violations All Violations listed in Section A. apply to students residing in residence halls as well as their guests. The following additional actions are also considered violations of the Student Code of Conduct and are subject to sanctions imposed in accordance with the Non-Academic Disciplinary Procedures of the university. Definitions: As used In this document, the term "Residence Hall" means any building, room, facility, or premises owned and/or operated by the university for use as a dormitory. whether by lease or by contract, to students enrolled at the university. "Resident" means any student, whether undergraduate or graduate, occupying a space in a Residence Hall. 1. FAILURE TO COMPLY WITH HOUSING CONTRACT 8: REGULATIONS Failure to comply with regulations set forth in the Residence Hall Handbook. the Housing Contract. and as set forth by the Office of Student Housing and Residence Liie. Failure to comply with of?cial requests from university staff, including but not limited to housing and security staff, in the performance of their duties. 2. GARBAGE AND OTHER HEALTH HAZARDS Failure to keep rooms and shared common areas reasonabiy neat and orderly as determined by university staff. Failure to keep such areas tree of excesswe trash and floor space free from debris and other hazards. The creation of an environment that presents a health and safety risk to other members of the community and/or that endangers or threatens others or their property. or creates a health hazard or nuisance. 3. GUEST VIOLATIONS Failure to abide by the University Student Housing Guest Policy as set forth in the Residence Hall Handbook. 4. SAFETY PRECAUTIONS a. Windows No person may place objects on the outside. or inside of windowsills. No objects of any kind are to be thrown from or at the windows. Removal of screens, window looks, or window guards. is prohibited. b. Prohibited items The following are NOT permitted in the Residence Hall: cooking appliances with exposed elements (open cod}; hot plates: candies of any kind; incense and incense burning devices; use of roller blades/skates. skateboards, or bicycles in the hallway or on any university property: mopeds or live trees of any kind; changes to electrical wiring, heating. or alarm systems: and other items as deemed not appropriate by university staff. 0. Cooking In accordance with New York State Health Codes. students may not cook in their bedrooms. in certain Resrdence Halls. kitchenettes are provided for this purpose. Where provided. cooking equipment must be properly maintained and cleaned. C. Academic Dishonesty 1. DEFINITION Academic Dishonesty is any act. which allows a student to gain an unfair advantage over other students. This includes. but is not limited to. copying, plagiarism. collaboration. alteration of records. use of restricted aids. unauthorized use of proprietary material. bribery. and lying. 2. DIVISIONAL FOR ACADEMIC DISHONESTY a. The academic division in which the student is enrolled has primary responsibility for the adjudication of all infractions involving Academic Dishonesty. b. It is the responsibility of the student to become familiar with the Academic Dishonesty policy in effect in the division in which the student IS enrolled. 0. Rights and Expectation of The New Selma! 1. The university reserves the right to enter rooms at any time without a search warrant for the purpose of maintaining safety and security standards, to enforce health regulations. to follow through with disciplinary action. to maintain the orderly operation of the Residence Halls. and to respond to emergency situations. 2. The university reserves the right to require students to change rooms or Residence Halls. without notice, when necessary. 3. The university reserves the right to notify parents of a student?s violation of the Student Code of Conduct. 4. The university reserves the right to hold students ?nancially responsible for all losses and damages to university property. 5. The university expects each student to be responsible for securing his/ her personal property. The university will not be responsible for the loss. theft. or damage to personal effects of students and their guestts). Residents are strongly advised to obtain the appropriate homeowner or renter insurance coverage on valuables. 6. The university expects students to comply with any instruction from a clearly identifiable university of?cial. performing his or her duties in the enforcement of application of UniverSIty policy. Students are expected to show their university identi?cation card upon request to any Residence Hall staff person and other appropriate university official. performing his/her duties in the enforcement or application of university policy. 7. The university reserves the right to amend the Student Code of Conduct and the Non-Academic Disciplinary Procedures at any time. Non?Academic Disciplinary Procedures Adopted April 26, 2005 I. General Provisions A. Purpose The university Non-Academic Disciplinary Procedures are designed to facilitate fact-finding and to review incidents involving violations of the University Student Code of Conduct. It is not intended to create an adversarial court-like proceeding. B. Di5ciplinary Authority 1. Disciplinary authority is vested in the Senior Vice President for Student Services as the designee of the President of the university. 2. The Non-Academic Disciplinary Procedures are administered by the Office of Student Rights and Responsibilities. The Office's responsibility is to ensure the fair and dutiful administration of the disciplinary process in the review of incidents involving violations of the Student Code of Conduct. 0. Violation of Law/Off Campus Conduct 1. Students of the university are subject to local, state, and federal laws. As a general rule, the university will not institute disciplinary procedures when a student of the university has been charged, offcarnpus, with a violation of a local, state. or federal law. The university. however. reserves the right to invoke its disciplinary procedures. . 2. Students are subject to reasonable disciplinary action deemed appropriate, including suspension and expulsion. for breach of federal, state. or local laws or university rules or regulations off campus when such conduct is likely to have an adverse effect on the university. on the educational process. or affects the student's suitability as a member of the academic community. II. University Sanctions The university is committed to providing an environment where sensitivity. tolerance, and respect are sustained for members of the university comrn- unity and its neighbors. imposed sanctions are intended to facilitate these goals While they may initially be perceived as authoritative or punitive. their purpose is to promote an environment in which good citizenship can llounsh among and between students and other members of the university community. A. General Provisions 1. The sanctions listed below are recognized by the university in holding students accountable for violations of the Student Code of Conduct. It is understood that previous violations may be considered in determining sanctions. 2. Students are held responsible for the actions of their guests while on campus. Sanctions may be issued to the host when a guest is not a student of the university. 3. Students are strongly advised and encouraged to consult with the Student Ombuds for a neutral and confidential appraisal of their rights and responsibilities under the Student Code of Conduct and the NonAcademic Disciplinary Procedures. 4. Failure to comply with imposed sanctions subjects the student to further disciplinary action. 8. Immediate Suspension Authority 1. EMERGENCY SUSPENSION The President of the university. or an university officer authorized by the President. may impose upon a student an immediate emergency suspension when. in the judgment of the President. such action appears necessary for reasons relating to a student?s physical or emotional safety and well-being. for reasons relating to the safety and well-being of members of the university community. or to prevent damage or theft of university property. 2. INTERIM SUSPENSION The President of the university. or an university officer authorized by the President. may impose upon a student an immediate interim suspension when, in the judgment of the President. such action appears necessary to deal with a continuing disturbance by a student(5] or, interference by a student(s) with any university activity or With the free movement of any member of the university community. 3. SCOPE OF SUSPENSION Emergency or interim suspension may be an academic suspension. in which case the student has no right to attend classes. to take exams. or to receive grades. Suspension may also apply to other student privileges including residing in university Residence Halls. attendance at and participation in university functions. admission to university premises, or any combination of the above, unless the student's presence or participation is explicitly authorized by the President or the President's designee. Suspension does not constitute termination of the student?s matriculation in the university. 4. DURATION OF SUSPENSION Interim or emergency suspension may remain in effect until the Disciplinary Review Panel has taken action with regard to the student. However. the suspension may be lifted earlier by action of the President or the President's designee. 5. EXPEDITED HEARING A student suspended under the interim or emergency authority may request an expedited hearing before the Disciplinary Review Panel. The panel shall schedule a hearing Within forty-eight (48} hours of the request or as soon thereafter as possible. 0. Sanctions 1. ORAL WARNING Verbal notification to the student that repetition of the wrongful conduct may be cause for more severe sanctions, and a clear instruction to desist. 2. WRITTEN WARNING Written notification to the student that continuatitin or repetition of the wrongful conduct may be cause for more severe disciplinary action within the period of time stated. A copy of the Written warning letter will be placed in the student's file. 3. FINES Sum to be paid by the student to the university or another specified body. Failure to do so will result in the withholding of a student's transcript and/or denial of either graduation or continued enrollment at the university. 4. RESTITUTION Reimbursement for damage or loss to either university or individual property. Failure to do so will result in the withholding of a student's transcript and/or denial of either graduation or continued enrollment at the university. 5. COMMUNITY WORK Assignment of a specific number of hours of community service work to be accomplished in a specific time. 6. DISCIPLINARY PROBATION Written notification to the student that he/she is in official jeopardy. A further vioiaticn of the Student Code of Conduct while on disciplinary probationmay result in suspension or expulsion. 7. RESTRICTION . Denial of the use of certain university facilities or the right to participate in certain activities or priviieges for a specified period of time. 8. OF HOUSING PRIVILEGE Withdrawal of the opportunity and ability to reside in a university owned or operated Residence Haii. Ali Residents should be aware that, as outlined in the Housrng Contract and Licanse Agreement, any student dismissed from the Residence Halls for disciplinary reasons is not entitled to a refund of his/her housing charges. including the deposit. 9. SUSPENSION Exclusion from class. exams, and all functions of the university for a stated period of time. SUSpension may require petition for readmission. 10. EXPULSION Dismissal from the university. The student may not attend classes or take any examinations and must vacate university property by the effectiVe date of expulsion. Readmission wiil not be consrdered. ill. initiation of disciplinary proceedings A. Complaint Procedure 1. FILING AN REPORT An incrdent report is a detailed. written description of an alleged violation. Any member of the universny community may report an alleged violation of the Student Code of Conduct, in writing, to the Office of Students Rights and Responsibilities. Complaints must be filed within sixty (80) days of the incident that precipitated the complaint. Incident report forms are available from the Of?ce of Student Rights and Responsibilities and from the Office of University Housing. 2. PRELIMINARY REVIEW OF COMPLAINT Upon receipt of the written incident report, the Office of Student Rights and is authorized to conduct a preliminary review of the complaint by questioning persons thought to have knowledge of the particular incident. including the alieged violator. if a person alleged to have violated the University Student Code of Conduct is questioned. he/she must be informed that he/she is being investigated and of the nature of the related incident. 3. NOTIFICATION OF COMPLAINT if the Office Student Rights and Responsibilities finds that there is sufficient information or basis to support the complaint. the alleged violator will be notified of the complaint in writing (by mail. retum-receipt requested or hand-delivered). 4. OF A COMPLAINT If the Office of Student Rights and ?nds insufficient information or basis to support the complaint. the Office is authorized to dismiss the complaint. The Office of Student Rights and Responsibilities decision to dismiss a complaint is final. 8. Review of Complaints 1. REVIEW MEETING After the student has been given notice of the complaint. the Of?ca of Student Rights and Responsibilities. may hold a disciplinary review meeting with the student alleged to have violated the Student Code of Conduct and the person submitting the incident report. if necessary, to determine all the facts surrounding the incident. The Office of Student Rights and Responsibilities will meet with all parties on a one-on-one basis. 2. LEVEL 1 REVIEW 3. if in the judgment of the Office of Student Rights and Responsibilities. the nature of the alleged violation is unlikely to result In the su5pension or expulsion of the student from the university, the Of?ce is authorized to review the matter. The procedures to be used in reviewing the matter will be determined by the Of?ce of Student Rights Responsibilities. The alleged violator will be given reasonable opportunity to comply with the process. b. Where appropriate, the Office of Student Rights and Responsibilities may offer the parties to an incident the Opportunity to resolve the matter through mediation. If mediation fails to yield a favorable resulution. the Office reserves the right to proceed in a more formal manner. 3. LEVEL ii REVIEW 8. it in the judgment of the Office of Student Flights and Responsibilities, the nature of the alleged violation is likely to result in the suspension or expulsi0n of the student from the university. the Office will forward the matter to the Office of the Senior Vice President for Student Services for revrew. b. The Office of Student Rights and Responsibilities. at its discretion, may also refer matters to the Office of the Senior Vice President for Student Services which may not necessarily result in su5pension or expulsion from the university. if the Office believes it would be in the best interest of all concerned to do 50. c. The Senior Vice President or his/her designee will review the complaint to determzne whether or not Emergency or interim suspension is appropriate or necessary. If it is determined that either emergency or interim suspension is appropriate or necessary, the propess outlined in Section will be followed. ri. if it is determined that either emergency or interim Suspension is not appropriate or necessary. the Senior Vice President or his/her designee will notify the alleged violator of the date. time, and place of the disciplinary review by 3 Disciplinary Review Panel. The procedures to be used in reviewing the matter will be determined by the Disciplinary Review Panel. The alleged violator will be given reasonable opportunity to comply with the process. e. The alieged violator may waive the disciplinary review by the Disciplinary Review Panel. in which case the Senior Vice President or his/her designee will review the complaint and make a determination of responsibility. if appropriate. f. if the matter is referred to a Discipiinary ReviEw Panel for its review. the Panel shall meet and review the complaint. The Panel will make a recommendation which will be sent to the Senior Vice Pre5ident or his/her designer: for his/her consrderation. g. The Senior Vice President or his/her designee will review the recommendation of the Disciptinary Review Panel. and make a determination of responsibility. it appropriate. 4. Failure to respond and/or participate in either a Levei or Level ii Review will result in a decision being made in the student?s absence. 5. Students may not be represented by attorneys in either a Level I or Level ii Review. 6. The Disciplinary Review Panel will consist of five members of the university community to be selected by the Senior Vice President for Student Services or his/her designee in consultation with the Deans of the various academic divisions. IV. Appeal Process A. Timing for Appeals . . 1. Once review proceedings are compieted and a sanction imposed. the sanctioned student has the right to appeal on the grounds listed In paragraph iv. 8. below. 2. Appeals must be filed in writing with the Senior Vice President for Student Services or his/her designee within ten {10} school days of receipt of 8 decision. Sanctions imposed will remain in effect pending appeal. 3. The appeal shall specify the basis of the appeal. 4. Failure to file a timely written appeal shall constitute a waiver of any right to appeal. B. Grounds for Appeal 1. A decision may be appealed if it can he clearly and specifically demonstrated that sufficient grounds exists to show that the sanctioned student was denied a fair review. 2. Sanctions may be appealed only when it can be speci?cally demonstrated that there is a flagrant discrepancy between the infraction and the imposed sanctions. 3. Sanctions may be appealed ifthey cause undue hardship on the student's ability to continue or pursue his/her course of study and/or stay in school. 0. General Provisions 1. Students are responsible for strict adherenca to all deadlines and procedures forthe filing of appeals. 2. No new information shall be considered on an appeal. 3. Documents filed in an appeal shall constitute a part of the record. 4. All documents relating to the proceedings frOm which the student is appealing shall be available to the Senior Vice President for Student Services or hisfher designee. 0. Review of Appeals 1. The Senior Vice President for Student Services or his/her designee shall be responsible for reviewing all appeals. 2. The procedures to be used in revievrmg an appeal. and for providing notification of the decision. will be determined by the Vice President for Student Affairs. or designee. The student filing the appeal will be given reasonable opportunity to comply with the process. 4. The decision of the Senior Vice President for Student Services or his/her deSIgnee is final. V. Student Organizations Student organizations. which are of?cially recognized by the university, shall be prohibited from engaging in, or authorizing its members to engage in. any actions which are considered violations of the Student Code of Conduct. A. Procedures 1. The Of?ce of Student Rights and Responsibilities is authorized to investigate complaints against student organizations and, if necessary. charge the organization for Violation of the Student Code of Conduct. 2. Charges will be served on the prinCrpaI officer of the organization. The organization must respond in writing within five (5) school days of receipt of the notice. 3. The charged organization may request an extension in the response period. Such a request must be in writing and must be received by the Office of Student Rights and Responsmilities within five school days of the receipt of the notice. The length of the extension will be determined by the Office of Student Rights and Responsibilities. 4. Failure to submit a timely response will constitute an admission of the allegations stated in the notice and may result In the imposition of sanctions. 5. The Of?ca of Student Rights and Responsibilities may suspend the activities of the charged organization pending the review of the complaint. 6. The Office of Student Rights and Responsibilities will review the charges and response from the charged organization to determine whether or not the organization violated the Student Code of Conduct. Where it has been found that the organization violated the Student Code of Conduct. the Office will determine the appropriate sanction. B. Sanctions 1. Any student organization found in violation of the Student Code of Conduct shall be subject to revocation of their charter to operate. The Of?ce of Student Rights and Responsibilities may impose a lesser sanction as deemed appropriate. 2. Disciplinary sanction of a student organization will not preclude disciplinary action for an individual student if he/she is specifically charged in the same incident. Charges against individual students will be adjudicated under the process as outlined in Section ab0ve. 0. Appeals The Senior Vice President for Student Services or his/her designee shall hear appeals for the decisions made regarding student organizations using the procedures described in Section IV.D. above. Student Services - Rights and Responsibilities Sexual Harassment-Assault Page 1 of 4 I The. New School Student Serwces ?2 Student SerVices - Rights and ResponSibilities Sexual Harassment-Assault Sexual Harassment-Assault The New School is committed to creating and sustaining a university envrronment in which students, faculty and staff can study and work in an open atmosphere, unhampered by discrimination, This commitment is explicitly stated in all descriptions of university programs and in all the official catalogs of the academic divusions of the univer5ity. The university's statement on non-discrimination is: "The New School. as well as its individual divisions. is committed to a policy of equal opportunity in all its educational actiwties. privileges. programs. admissions policies, scholarship and loan programs and employment. it does not discriminate on the basis of race. color. national or ethnic origin, citizenship status. religion. religious practices. gender, sexual orientation. age. mental or physical disability, veteran or marital status.? As a necessary part of its commitment to create and sustain an environment free of any kind of discrimination. The New School commits itself to prohibit sexual harassment and to confront and deal with it when it occurs Sexual harassment is defined in this policy and procedures have been established for responding to concerns. allegations and questions about sexual harassment brought by any member of the university community. ihe university?s goal is to create a community free of sexual harassment To do so requires good judgment. awareness and intelligence To sustain this kind of community also requires directness and clarity. since many members of the community may not immediately recognize instances of sexual harassment and the consequences of such conduct on individuals and the community In order to achieve the goal of a community free of sexual harassment, standards of behavior and procedures for dealing With breaches of those standards niuSt be established and implemented within the context of academic freedom. Education of the community on this issue will also be necessary The university seeks to sustain a high standard of behawor and to correct breaches of that standard. regardless of whether the offending behavior would meet external legal standards of the term sexual harassment Our goal is to deal directly and clearly With this complex issue As in the case of any disciplinary issue. formal procedures may be invoked when compiaints cannot be resolved informally To expand To Contract De?nition of Sexual Harassment Generally, sexual harassment is conduct that exploits power or authority in order to elicit sexual submission, or inappropriate sexual conduct that creates an intimidating, hostile or abusive environment for working, learning or enjoying other opportunities and activrties. Sexual harassment can include a wide range of behaviors, from the actual coercing of sexual relations to inappropriate sexualization of the working or learning environment wuth words, materials or behaVior. It may involve women being harassed by men, men being harassed by women, or harassment between persons of the same sex. The Federal Equal Employment Opportunity Commission has issued guidelines that provide a basic definition of sexual harassment. While the EEOC guidelines apply only to faculty and other employees, the university prohibits sexual harassment of any member of the university community, whether such harassment IS aimed at students, faculty or other employees. Based upon the EEOC guidelines, and for the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other expressive or physical conduct of a sexual nature where: Submission to such conduct is explicitly or implicitly made a term or condition of employment or status in a course, program or activity; or Submission to or rejection of such conduct is used as a basrs for an employment or academic decision affecting the individual, or for a decision regarding an individual?s status in a course, program or activity; or Such conduct has the purpose or effect, when judged from the perspective of a reasonable person in the position of the complaining individual, of substantially interfering with an lndividuai?s work performance, or with an individual's enjoyment of other university opportunities, programs and activities; or Sexual harassment is generally found to be in two distinct forms: Quid pro quo seXUal harassment occurs when an individual makes an explicit proposition for sexual favors in return for express or implied job bene?ts or academic decisions, or where rejection of such a proposition is to be used for, or negatively effects, job bene?ts or academic decisions. Hostile environment sexual harassment occurs when conduct (either through Its severity and/or its repetitive or consistent nature) has the purpose or effect of substantially interfering with an individual?s work or academic performance, or creates an intimidating, hostile or offensive working or learning environment. Unwanted ?irtations, advances or propositions of a sexual nature, or unwelcome comments of a sexual nature about an individual?s body or clothing, whether conveyed orally, in writing or by electronic transmission, or unwelcome touching, such as patting, pinching, hugging or brushing against an individual's body are illustrations of the kinds of conduct, if engaged in by an individual repeatedly and consistently, which could constitute hostile environment sexual harassment. Other Issues Concerning the Conduct of Members of the University The EEOC definition refers to legal standards for identifying sexual harassment. There are, however, other standards for conduct among its members that are important in a University setting. Although we do not wish to discourage collegial relationships which are essential to the educational mission of a university, members of the University must recognize the professional responsibility that faculty have for 6604 6/3/20] 1 Student Services Rights and Responsibilities Sexual Harassment-Assault Page 2 of 4 students? education and the consrderable power that faculty have over students? careers. As a result, our standards for relationships between faculty and students at the University, and between other members of the UniverSIty community, may be more restrictive. than those encompassed in the EEOC definition which pertains to employment. Faculty members (and administrative staff) should be aware that any romantic involvement with students {or staff members who report to them) is corISIdered inappropriate, and it might make them liable to formal action. Romantic iiwolvements between faculty and students outside the instructional context also have the potential to lead to dif?Culties. Beyond these diffiarlties, and the risk of formal action, these involvements can have a negative effect on the community. Suspicions of favoritism may arise that affect the academic andfor work environment; there may be the appearance of exploitation even if the relationship IS consensual. In addition, there is always the possibility that relationships that begin consensually will be subject to misinterpretation and that after they end, the faculty (or administrative staff member] wiil be vulnerable to acmsations and recriminations. The foregoing paragraphs refer generally to faculty and students, or administrative staff members and those who report to them, but it is equally important that relations between students in all programs of the University adhere to a high standard of collegiality and mutual respect. The foregoing paragraphs are included Within the purview of this poiicy statement, because it is important to keep this highest standard of professional behavior in mind and to avoid even the semblance of exploitation. At a univerSity. in situations where colleagues, co-r workers, teachers and students work together as equals, and where the atmosphere is collaborative, there will be a tendency to ign0re distinctions and to behave as If they do not exist. Particularly, in the case of senior Faculty and Junior faculty and in the case of Faculty and graduate students (when students are older, working adults) it may be easy to ignore differences in responsrbility and power. But even in the case of non-traditional students. -- teachers have power and authority over all students -- this asymmetry sliould be acknowledged and respected. The same is true for the relations between Supervisors and staff. At the same time as we respect the differences in our roles, we want to sustain a collegial atmosphere and the informality of the enwronment so that our mission the process of education can flourish. At no point, however, Should the freedom, openness, and collegiality of the University permit an abandonment of The h:ghest standards of professional conduct pertain to all members or? the faculty their dealings With one another as well as With staff and students; the relationships between supervisors and members of the staff at all levels should also be governed by these standards. No member of the University should feel that the fulfillment of her or his duties is obstructed or impeded by sexual harassment from a teacher, colleague, or supervisor. The standards we. have Outlined above have their parallel in relationships among students in all academic divisions of the University. We expect those relations to be coliegiai and civil. Students should not engage in any behaviors that coerce, clemean, or threaten other students. ill Sexual Assault Policy Important Information on Sexual Assault I University Policy on Discriminatory Harassment Adapted December 13, 1990 Revused October 15, 1992 [Revised March 30, 1999} [Rewsed February 2003} [Rewsed October 2004] The New School is committed to being an academic community that is and culturaily diverse, that. values mutual respect, human dignity, and indiwdual differences, and that is Supportive of interlectuas, artistic, and professional growth. benefits are compromised when individuals or groups within the community engage in acts of discrimination and discriminatory harassment as well as coercion against other individuals or groups, inchding Intimidation by threats and/or acts of violence or personal Vilificalzion on the bass of race, color, religion, reiigious practices, gender, sexual orientation, national or ethnic origin, physical or mental disability, age, marital status, or other persunal attributes. Such acts undermine the fundamental values of the entire community and contribute to a hostile environment which may limit or deny access to the educational process, not just for those subjected to Such acts but to the community as a whole. Acts of discrimination including discnminatory harassment are prohibited. This policy IS not intended to discourage the expression of ideas that, while they may be offenswe, are protected by the University?s Policy on the Free Exchange of Ideas and the UniverSIty?s Statement on Freedom of Artistic Expression, and by the First nmendment of the Constitution of the United States. Speech or other expression constitutes discriminatory harassment if it: deliberately insults, stigmatizes, threatens or intimidates an individual or small group of specific individuals on the basis of race, color, religion, religious practices, gender, sexual orientation, ethnic origin, physical or mental disability, age, marital status or other personal attributes; and is addressed directly to the speci?c individual or individuals who it insults, stigmatizes, threatens, or intimidates; and makes use of ?fighting words? or non-verbal symbols. 6/3/201 Student Services - Rights and Responsibilities Sexual Harassment-Assault Page 3 or 4 in the context of discriminatory harassment. ?fighting words? or non-verbal symbols are words, pictures or symbols that are, as a matter of common knowledge, understood to convey direct hatred or contempt for human beings and that by their very use inflict injury or tend to incite an immediate breach of the peace. who believe they have been subject to discrimination in violation of this policy may obtain redress through the University's Sexual Harassment 84 Discrimination complaint procedures, or, where applicable, the collective bargaining agreement, as described in the Guidelines For Dealing With Issues 0f Sexual Harassment Discrimination.?t ?lt is also a violation of this policy to engage in hate/bias crimes which include Violence, intimidation and/or destruction of property against a person based in whole or substantial part because of a belief or perception regarding that person?s race, color, national origin, ancestry, gender, religion, religious practices, age, disability and/or sexual orientation regardless of whether the belief or perception is correct. "l Guidelines for Dealing with Issues of Sexual Harassment Adopted March 8, 1990 Revised March 17, 1994 [Revised March 30, 1999] [Revised February 2003] [Revised October 2004] The Board of Trustees of The New School has approved the preceding Policies on Sexual Harassment Discrimination. These policies prowde a discussion of the standards of behavior to which the university community adheres in this regard. These policies are statements of values and standards; they do not include procedures. The followmg Guidelines for Dealing with issues of Sexual Harassment and other forms of discrimination have been established in order to prowde a structure and procedures for dealing with actual charges of sexual harassment or discrimination as defined in the poIiCies. The procedures uphold the basic requirements of fairness and accord full conSideration and respect to the complainant and to the person complained against. These guidelines are for members of the university including faculty, students enrolled in degree granting programs and administrative staff. For clerical union employees, the university?s Sexual Harassment and Discrimination palicies have been incorporated Within the current collective bargaining agreement with the union local. There are two different procedures to be followed depending upon the status of the employee bringing a claim of haying been sexually harassed or otherwuse been discriminated against. if a claim is brought by an employee of having been harassed while in the status of a clerical union employee, it will be handled through the grievance machinery established in the collective bargaining agreement. If the claim of harassment or discrimination is brought by a member of the univerSIty while in the status of a student, administrative staff or faculty member, the university-wide Sexual Harassment and Discrimination complaint procedures will be followed. An employee cannot utilize both procedures Simultaneously. The university has assigned the Office of the Vice President General Counsel the task of provnding detailed information and guidance on the process to both the complainant and the person complained against. Steps in Bringing a Complaint of Sexual Harassment or Discrimination: Initial discussion of a situation by complainant with a designated of?cial in an effort to resolve the problem. When the investigation is concluded, the designated official should submit a confidential report, within thirty (30) calendar days, of the outcome to the Provost. If Step 1 is not successful in resolving the matter, either party may submit a written complaint to the Provost for his/her reconsideration. The Provost may further investigate the matter or make a decision based on the submitted materials. The Provost may also, at his/her sole discretion, refer the matter to a Panel of the university?wide Committee on Harassment Discrimination for its consideration and recommendation. if the matter is referred to a Panel for its review, the Panel shall meet and determine whether or not the complaint warrants a formal investigative hearing or can be resolved without further investigation. The Panel's recommendation will then be sent to the Provost for his/her consideration. The Provost will review the recommendation of the Panel of the University-wide Committee, and decides on a penalty, if appropriate. When the Provost announces the decision, the alleged harasser or the complainant may request the Provost reconsider the decision and/or the penalty. The Provost's decision after this recommendation, if any, is final. 1. Initial discussion with Designated Official Because sexual harassment or discrimination is often difficult to discuss, a complainant may want to speak first with a designated official. A complaining party should speak with one of the following deSignated officials: Faculty Sr Staff Vice President for Human Resources/Vice President General Counsel 2. Review of the Complaint by a Panel of the University?Wide Committee on Harassment Discrimination Composition of the Committee 6/3/20] 1 student sen/ices Rights and Responsmihtzes Sexual l-larassment?Assault Page 4 of 4 vi The university?wide Committee is a standing committee of SIX persons selected annually by the Provost of the university. The Committee shall consist oi?: two Faculty; two administrators; and two students (one undergraduate and the other a full-time graduate) selected from naminations submitted by the Senior Vice President for Student Services. A Panel of three (3) Committee members will be selected to hear each case referred to the univerSIty?Wide Committee on Harassment Discrimination A Panel will be selected in the Following manner: the complainant and alleged harasser {hereinafter referred to as the "responding party?) may each select one member from the Six-person standing committee and the Pravost select the third member. The Chair will be appointed by the Prevost. However, the students shalt not be selected for a Panel where a case does not involve a student as either a complainant or responding party. A student complainant may also request that Students not participate on a Panel and only one. student may be chosen for any one panel. Any member of the university-wide Committee with an interest in the matter, who has actively participated in the Step 1 process or who the complainant or the responding party justifiably has a conflict of interest. may be asked to disqualify himself/herself from participating on the Panel. At any time during the Step 2 process, the 9rovost or Panel shall have. the authority to enter into an informal resolution of the complaint that is acceptable to both the complainant and responding party. Upon informal resolution of a complaint, the matter will be deemed closed. 3. Discipline Where the investigation of a complaint results in a conclusmn that the impOSItiori of discipline is necessary and appropriate, such dismpline wilt follow the basic structure of penalties under the esta blished disciplinary procedures at the. university. For students, faculty or staff these penalties Will have different significance and practical consequences. Since our goal is to deal directly and clearly to prevent and to correct sexually harassmg behawor, in cases (if severe harassment or tliscrinunation (Le. involving sexual assault, quid pro sexual harassment, multiple charges, Or a histOry of complaints}, the university reserves the right to take Summary disciplinary action pursuant to the University Code of Conduct and/0r pursuant to existing university employment procedures, including those contained in the Administrative Staff Handbook and the Guidelines On The Rights and Responsmilities of Faculty contained in the Full-Time and Part-Time Faculty Handbooks. 4. General Considerations Timing In order to preserve a healthy environment for education in the university community, complaints of sexual harassment or discrimination should be dealt with in a timely fashion. Except for good cause, a complement must initiate the process by taking Step I. no later than sixty (60) calendar days after the alleged act constituting harassment or discrimination has After Step 1 has been initiated it should be dealt with within twenty (20) calendar days. After Step 2 begins, it should take no longer than two months alter receipt of both parties' written statements and responses to complete. A matter be concluded no later than three months after the initiation of Step 1 proceedings. This is a blueprint for a schedule, but the goals of fairness and full consideration may extend {or accelerate) the schedule. when necessary. Confidentiality .the Panel must seek to determine the facts of the case in order to make a fair determination and finding in as confidential a manner as practical. The members of the Panel or designated officials rig-Viewing a case at Step 1 shall not discuss a case except in formal sessions dedicated to that purpose. The privacy of both parties to a case will be respected insofar as passable. Protection from Retaliation All individuals involved in the ConSideration of a complaint of sexual harassment. or diacrimination will be protected From retaliation. as threats, false countercharges, the punitive use of grades, arbitrary dismissal or denial or promotion. Individuals should be protected FrOln retaliation both during and after a complaint Is considered. Any indication of retaliation should be reported to the designated official who us (or was) responSible for the considereitiOn of the case during Step 1 proceedings. He or she will rewew the facts and recommend appropriate action. 6/3 0.01 1 (m Iwu Kacnene baslan - KS no a amerem resmence wnn_ Page 1 edu> 'uycek@newschuu4 edu 3/2/2m1 5 41 AM Re Moving .o oneen. wim-- xFany 1st Mass mall way be fiarwavded to you a| Loeb Junk man Wm [79 dwscavdefl wm ask my mum check your bmduryuu on may not: - OngmalMassag From To Ruben Lummsm some. we Moyno .o a oneren. wm-- Sevu Feb 27' mm 3 02 PM My Money Henev We 1tu noyeo on. ny yoonfi. the Park eeyeenee romeo .wumed scan! .5 me mall I may be vecex (he near (mum nuhiymg everyone abom my enange ec madness so hopemlly mere wil' be na problems Thank yau 'or he'p Hes! reiards. Roben Lumm5kl [12/24/11 2 43 PM Hy mm you We; The enen none wn eeme oe you, .on men .yonene. eno eoomyeo you may up keys you, new doume mom Loeb nan noon- lomgm a! me RA nlfice Lneb Delween 7 and mum Yuu may move anyume Please let ne know wnen yen have completed your move so may ever you. um room to me sludenls wmu Var mnves memsewes Thank you agzm cor your cooperahan Emcere'y Rub Lmemsxy Rob Lummsm Dnecxar or Smdem Housmg Resmence me 79 am Ave an Floor New (212>>2295455 2/24 20112 39 PM M, Lmomsxy HeHo My name Isfind am Ihe lovmer roummale or knuw um she has been wmacl you < (5/10/2011) Racheue Gasman . Re: man snu isn'lhxed Figafl Ruben 3/13/2011 10, 1AM 5mm; Rs. mall pmblem 45m um Keuy Joyce 15 ml holding your an mai'hox for ynuv We found many of your magazines a1 Smyvesam Park and lwas under unpressian you had mve mam ls nol \he use? Would yau b: Nee lur a meaning an Tuesday Keuy Joyce. Jamss Noble, Security and mysell? We |ry gel 0.9 balsam a! his Let me know malfims m1g'lfbe Thank you Rub Direuor 0' Student Housing Reside>>: LIVE 79 San Am. th Fm. New Voik. NY 10003 [212) 7295459 10:05 PM So I have been |rymg In Moshe a DVD (mm Namix [or the past week 5M 5 hell The DVD never am In me' an I had request anolher one Now the sscand ova 1s missmg hm I have ya! receive any magaz'nas, Nellix mum, or new; We getting my web \sm slamng 1o worry because my bilbing cydes an my cred" cards 15 cummg soon and 1 can't have 3 am ga Inst In me mm mm sum I will men ge1sIud< with latelezs ms Is cump1ele1y since I have been [he (am Me less mm: a month now and an" m. renew: any laws. Numx, nr magazines 1m: mm lam emaulng (he president and me dean 1 Can't We like Ihls, [La/19/2011)Raclelle Gaston - Room Change From: Robert Lummsku MuNeman nb'e, James; Sherman. Maureen 2/2A/zou 12 53 PM Room mange me double mom in men be ready far you mmomwv, but] dot see any record ofa requesx 1mm your memmate Stuyvesant Parx more, In umev approve waning enema Me I must have a request in writing lmm?tw mange rooms and me no a double with you in Loeb new All she wouid have do '5 send me an email frum er antaunl. Then you an mm on up your new keys and mcve tomorrow evening between 7pm and wpm. Vou would actuaw have the entire weekend complete yuur mover Thank you Rob lummski Rob Lulomski Dlrecmr of student Housan Esmence ere 79 En. Aver, Finn Hour New York, NV 10003 (212) 229-5459 [gem/2011) Rachelle Gaston :Be: Room cnonge' Page 1 From: to: ac: bake 1/24/2011 2 33 PM Subiest: lie. Room Change WI-ell we woke, you made lr very dear to me and my staff that you wamed to move lnto a double with your roommate together, Vou may both have single rooms in the same suite i you wish, out they cost more than the double you requested. It you would like a smgle room I would be happy to glve to you but it will Increase me marge for housing, since has a contract for that particular room in Stuyvesant Park, we cannot lua move her wiLhout her permission ln is a ronnelity but very to just send an email requsu'ng a room change. We have never received from her truncating her desire to move. You seemed very anxmus to move and get settled wnen last we spoke, so thought you would be movlng very qulddy. Vuu can take all the tune you need move. The keys will be available for pick up between 7 and mom lo me RA omce beginning If you would llke to nick them up sooner, lust check James wool: to make that arrangement mu him here on mt; email. Just let me know when your mayo ls complete so I may orrer your old space to other studene waihng tor moves memsetves. Thank you and let me know if you have any other questions Roh Lutomski Rah Director or student Housing at Residence Life 79 so. Ave, Flam New York, NY 10003 (2x2) 229-5459 PM lam very confused about slnze was about many Hm, what happened [a me or my roommate and 1 getting no in that suite at the cost of a double? Also why was myself or-not iniormed that she had to out her request to move lnto wrlh'ng? I: would have been nine in have been told fins 3 week ago. twas told that would have tlme to move so 1 could plan my move amund the weather, now I am told mat I only nave a weekend and ttus weekend nave rain a lot or the time. I (an't move when it is mining because tnen my stun will get wet, only havlng a weekend to move makes lt very armorlz to get my nomeworli oone and move. Also can plot up the keys earner then 7pm lwould llke to have as much we as to move? Thanks' Lu 01/24/11 12:53 PM The double room Ler Hall be ready for you butt dot see any record of a request from your roommate in Stuyvesant Park to move, In order to approve opening another sultel must have a request ln lrom change moms and move to a double With you ln Loeh Halls All sne would have to do is send me an emall from er Then you can bath pick up your new keys and move tomorrow evening between 7pm and 10pm, You would actually have the entire weeker'd to oomplem your move. Thank you Rob Rub Director of student Housing 3. Residence Life 79 5th Ave., firth Floor New York, NY 10003 (112) 229-5459 [gene/2011) Rageile gaslon - Re. problem wilh mail and hike I I I Page 1 From: Robert To: cc: 6, Mg DEM 3/7/2011 1D124 AM Subject: Re pmhlem with null and bike Hello, We do not reimburse lor such things as this. ll you think you are inrssino iriall or packages, just file a report with your Hall Director who is James Noble and has an arm on the 3rd lloor and we will be gin a search that may include notiryrna secun'zy and the us Postal Service 1 will use this email as a preliminary report to beglrl the inuesrlgation, but can you please itemize the missing neins, with dates Expected, the shipper, name or magazrnes you are missan etc? Thank you am: we will start workan on this sincerely, Rah Lutomski nob Lutoinski Direclur of Student Housing El Residence fire 79 5th Ave" Fifth Floor New York, NY 10003 (212) 22975459 317mm 10:05 AM So as ain sure you remember my first request in yuul office was that] wanted an address and stressed me whole one how lwanl an address so I ran get may mail because I normally get stuff daily. The other day realiml that 1 had not received any mail at either address for a ten wears, with the exception of one mailing anti a couple of packages, but one package is MM.A1l.er to some nlfice assistants I learned that they have been writing "return to sender' on my mail bezause they have an outdated roster and was not on the old roster they were ising, tuckiryl have neen told the problem Wm Fixed on Saturday, but 1 have yet to receive any mallr I realize that there has not been an chance for me to get mail since the problem was fixed. I wanted no notny you muse was told by you that [Ills would not be a omolern and ldon't want this In happen to anyone else, Even though! received one New mailing, all the Nemix mailings since have none Also me box that went is a bat 1 need an can have my laptop fixed, but now I have to all tech support again and wait another week to get it fixed. Also is there anyway to be reimbursed for my loses since] have about 7 magazine subscriptions and a account, all or which has had "return to sender" put on t? Also another problem i have had at Loeb is that sacuiity told me tnatl cannot thing my bike into the bulkile had my brand new $10 blke light stolen, lockup my bike extremely well and have the nest blke lock in the country and loot-up me most paiu but i lockup every little thing. i am now warned that my bike will be stripped 0f the other light, the splash gua'ds, haslnet, handlebars, seat, and whatever else they can get their hands on. Is there anyway lor my light to be reimbursed and for you to talk to security so i can tiring my blkE into the so it is protected-,1 Thank you so muchi 1613972611) Rae'heile Gaston - Re: program with mail and bike From: Robert tutarnski To: hate: 3/7/2011 5:22 PM Subied: Re: problem Wt"! mail and bite Hi_ We will am the investigation immediately. Thank you for this information. Rob Rob tutomeki Director of student Housing Residence Life 79 5th Ave., Fifth Floor New Vorlt, NY 10003 (212) ZZB-SQS9 2:03 PM [already contacted James about this tam missing a DVD that was expected to arrive on Friday, 'l1me Magazan that arrives to me every Friday, but 1 have yet to receive dnce moving into temporary housing, a copy of Allure, Glamour, and Martha Stuart Living than do not know the estimate arrival dates since they do not some often enough tor me to know an exact date, I Just know that they should have come by now and havent. The thing that is missing that is the biggest deal is a out: that should have arrived by Thursday allowing me to mail my laptop back so my laptop can be fixed, Thank you so in i Robert Lutomski 03/07/11 mm AM Hello, We do not reimburse tor such things as this. it you think you are missing mail or packages, )usl file a report with your Hall Director who is James Noble and has an omoe on the 1rd flour and we will be gin a search that may Indude Security and the us Postal service twill use this email as a preliminary report to begin the investigation, but can you please itemize the missing item, with dates expected, the shipper, name of magazines you are missing etc? Thank you and we will working on this. Sincerely, Roll kob Lutomski Director of student Housing 8i Residence Life 79 5th Ave, Fifth Floor New York, NY 1mm (212) 229-5059 3/7/2011 10:05 AM so as 1 am sure you remember my ilrst request In your oitioe was that I wanted an address and sbessed the whole time how 1 want an address so i can get may mail because! normally get spurt dally. The other day i realized that i had not reoeiyed any mail at either for a Few weeks, with the exception of one Netflix mailing and a couple or packages, but one package is MXA. Met talking to some omce assatants I learned that they have been writing "return :0 Sendai" on my mail because they have an outdated roster and i was not an the old roster they were using. i have been told the problem was fixed on Saturday, but I have yet to receive any mail. i realize that there has not been an chance for me to get mail the problem was fixed, ivvantetl to riotiiy you because 1 was told by you that this would not be a problem and [don't want this to happen to anyone else. Even though i received one Nettlix mailing, all the Netiltx mailings smte have gone missing. also the box that went missing Is a box 1 need so lan have my lapmp med, but now 1 have to call tech support again and wait another week to get i fixed. Also Is there anyway to be reimbursed tor my loses since i have about 7 magazine and a New acwunl, all or which has had "return to sender" put on It? Also another problem 1 have had at Loch 's that security told me that i cannot bring my bike into the building. Recently i had my brand new $10 hike light stolen. 1 lockup my bike extreme well and have the best bike lock in the country and lockup the most parts possible, but 1 cannot lockcup every Mlle thing. i am now worried that my bike will be stripped of the other right, the splash guards, basket, handlebars, seal, and whateverelse Urey can get their hands on. is there anyway (6116727111) Racfneale Gaston - Re: pmbIem wmfinan 'and bike A Eage 2] iar my 11mm be rambursed and {or you talk to secunty so I (an hrinq my blke m: me building so 1: IS protected? Thank you so much! its/Token) Radielle ea'sfo'n Re Eagng From To nut: Subietx: I think there 95 gun a hike rack on the moon deck bank can you please ask James Mable <[(35/10/2011) Rachelle Gaflgn - Re: problemwilh mail and but? We do not reimburse for such things as ails, if you think you are mlsfiflg mail or packages, lust file a report With your Hall Director who is James Noble and has an omce on the 3rd floor and we will be gin a search that may include notifying Security and the us Postal Servite. i will use this email as a preliminary report to begin the investigation, but can you please itemize the missing items, with dates expected, the shipper, name of magamnes you are etc? Thank you and we will start working on this. sincerely, Rob Lutornski Rub Lummski Director or student Housing Residence Life 79 5th Ave., Filth Floor New York, NV 10min (212) 225-5455 Imusm so as 1 am sure you remember my first request in your alone was that 1wanted an address and 1stressed the whole time how 1 want an address so 1 can get may mail became 1 normally get stun daily. The other day 1 realized that 1 had not recewed any mail at other address for a few weeks, the exception or one Nemix mailing and a oouple or packages, but one package is MIA. Alter talking to some noise assistants 1 teamed that they have been writing "re-him to sender" an my mall because they have an outdated roster and 1 was not on the old roster may were using. Luckily] have been told the plab'em was fixed on Saturday, but i have yet to retell/e any mail. 1 realize that there has not been an chance ior me to get mail sirce the problem was fixed. 1wanted to notify you because] was told by you that the would not be a problem and 1dont want this to happen to anyone else. Even though 1 received one Netrlix mailing, all the Nectlix trialling: since have gone missing, Also the box that went missing rs a box 1 need so 1 (an naue my laotno fixed, but now 1 have to all tech support again and wait another week to get it fixed. Also is there anyway to be reimbursed lor iny loses since 1 have about 7 magazine subscriptions and a Nettiix acwurlt, all orwhich has had "return to sender" out on ll" Also another problem 1 have had at Lee!) is that security told me that 1 ran-lot bring my bike into the building Recently 1 had my brand new $10 hike light stolen. lock-up my bike extremely well and have the best bilte lock the country and lodwp me most pans possible, but 1 cannot lodt-up every lmle thing, [am now worried that my bike be stripped of the other tight, the splash guards, basket, i'andlebars, seat, and whatever else they can get their hands on. is there anyway lor my light to be reimbursed arid l'br you to talk to security so loan my bike the building so it is protected? Thank you so murhl gin/231] )Ragyelle 665107]: problem that neeEs loge nxeflmmedtateiy 7 From: In: Date: 3/15/2011 1:17 PM Wed: Re: problem that needs to be fixed immediatew Thanks - iarn meeting with seeunty ad staff now to renew. innit ietyou know the commie iatertoday Rob Rob Luiomskl Director oi student Housing 8. Radence ufe 79 5th Ave" Filth Floor New Vork, NV 10003 (212) 2295455 AM I do not knuw ii he has tried to enter teen but [know that security does not know that he is banned Loeb. Hw tan they enforce a ban if security doesn't know that he is banned? 16/10/2011) Rachelle Gaston A Re: Mail update From: Robert luwmsid Yo: cc: Nubia, James mu 3/15/2011323 PM subject: Re: Mail Update Hi-- 1 am writing to inionn you that one piece of your mail showed up atThe Health Center addressed to room-at loeb (that so where they used to be located), 1twas not 1st class so it was not forwarded. however, it raises the question as to what address your other mail is being sent Per/taps you can check with the post omee to confirm that they have 135 12th street room-as your address? Thank you. Also I have that-s on the PNG list at 13th Street, James, you may also want to check the-miibox in Loeb var anything addressed Rob Rob Lutornsio Dkectnr or Student Housing ti Residence Lire 79 Aye, Fifth Flour New Vork, NV 10003 (212) 229-5459 AM 1 do not know he has tried to enter Loeb Hall, butl know that security does not know that he is banned horn Loan. How can they enroroe a ban ir security doesn't know that he is banned? newsman eriu> 03/15/11 9:17 AM lam not sure oi the details behind his case but [will alert the appropriate start that you believe hers antenna Loeb nail, Thank you tor informing me, me! Me From To Robert Lulu/"Ski Subject. problem that needs to be fixed immediately Sent' Mar 15, mil 12:19 AM liust discovered that-ls not banned rrom Loob. 1 moved tor my saleiy and was promised promotion, yet it turns out that 1 do not have the protection that was promised. you need to fix this as soon as you read this email ttien try to figure out why this happened. This is not OK. 1 thought not haying mail was a problem, but now that] have discovered that my "protection' does not exist my top priodty is to restore my safety. fixing the oonnot wait until 2:30 on Tuesday should have never been an issue and new lam lacking into iransterrino out oi the university. 1 reel tbatl am the problem student to the administration at this school, out the reality is that ljust want to live a nonnai lite and the administration is doing everything possible to make that not happen. 1 now regret reporting this since reportin it ust made my lire a constant hassle. When Will 1 be able to live a normal lite wherel don't need to worry about Wfiknuws where 1 live since 1 have protection and be able to get my mail llke a normal person? Even homeless people are able to get their mail easier than me, 1am giving this univetsity so much money tor my dorm room and 1 don't even have the basic human right or heme sale in that dorm room. Also 1 would like my meal plan refunded Sims 1 do not feel safe doing to the 13th street dorrn carotene to use my meal plan. iwas arraid to do it tor a month, but Gene told me he was banned from there so i was just about over come my tear or seeing him in that cafeteria again, now the tear is back, Rob Lutomskl Gaston; Re: Meal Update P8933 From: Ruben Lutonsld to: cc: Lt, lusttn; Noble, James Date: 2/17/2011 Subject: Re: Mall Update The mall sent the Health center was junk mall aemrolng to staff who round m, not first class, and thus was not forwarded, Rob Diredor oi Student Houslng at Resldence Llle 79 5th Ave.' firth Floor New Vork, NV macs (212) 229-5459 PM They have tn room as my address, butt was told that the mallmom wauld put my mail In- even lr it say.[ try to check me post omce tamorrow, but] dont know If mey be able to tell. Wl'llI be able to gel the mall that the health center recelyed? Also I am glad he IS FINALLV banned. Thanks' Robert tutomskl OB/lS/ll 3:73 PM lam to Inform you that one piece or yuur mall snowed up at The Healtn Center addresed roan-at Lueb (that so wnere they used to as loam) It was not meass so rt was not forwarded. However, it lalses the question as whax addras ynur nmer mall ls being sent. Perhaps you an mack tne vast alnee ta confirm that they have 135 E. 12m Skeet your address? Thank you. Also 1 have confirmed that Antunlo Is on the FNG at13rh street, James, you may also want to (heck thlmailbox in Lush [or addressed to-- Rob Rob Lutamskl Dlvemr at Student Houslng Residenw tile 79 5m Ave, th Floor New Vovk NY won: (212) 22975459 AM I do not know I he has tried enter Ler >lall, Know that setuer dot-5 not mom that he 5 banned from Loeh. Haw can they enforce a ban lr secunty dam-rt know that he is banned? gdu> 03/15/119t17 AM -- lam nut sure at the demils behind ms me but I wlu alert the appropriate staff that you believe he is entenng Loeb Hall Thank you lor inlarmmg me. lnal Messa From To. Robert Luwm 1 subject: problem that needs to be fixed tmmedrately Sent: Mar 15,2u11 12:29 AM 0/201 1) Raohellg Gaston - Re: Mail Update I just discovered that-s not banned from Loeo. I moved for my sarety and was promised protection, yet 01 turns out than do not have the protection than was promised. You need to fix this as soon as you read this email then try to ngure out why this happened. This is not 0K. i thought not having mail was a problem, but now that I have diameter: that my "pmection' fines not exist my top pnorRy Is to resume my sareiy. Fixlng this cannot wait until 2:30 un Tuesday. This should have never been an issue anti now I am looking into mnsfem'ng out or the university. I reel that I am the prooiem student to the aomtnatrahon of this school, hot the reality is than just want live a normal the and the administration is lining everything to make that not happen. rm regret reporting I115 since repo st made my lite a mum hassle. when will I he able to live a nonnal lire where] don't need to worry ahout I ows where 1 live sinoe I have protecti and he able to get my mail Ilka a normal person? Even horneiess people are able to get their mail easier than me. lam owing this university so much money for my dorm room and I don't even have the basic human rightot helng safe In that dorm room. his: I would like my meal plan rerunaeu since 1 do not fed sale going to the 13th street oarin caieleda to use my meal plan. 1 was afraid to do rt for a month, hutGane told me he was banned from there so I was Jusl about to war come my tear or seean him in that cafeteria again, now the rear is back. Rah Lutomskl uate: 3/17/2011 12:33 pm Subject. Re: Mall Update 1 will ask it they still have ilr Thank you for your thoughts on 12:22 PM Who are they to dec de it my mail is Junk mail? I rarely receive Junk mail and would like to be able to make that detenmnatron myself since they don't know what marl I feel is important or not important. it they threw away my mail that is breaking federal law since they are tampering with my mall. i want met piece of mail forwarded so I can decide it it is Junk or not I am 19 years old and can decide that myself. Rnber'. 03/17/11 10:26 AM The mall sent to the Health Center was junk mail to staff who found in, not and thus was not forwarded koo Director or student Housing at Residence ere 79 5th Ave firth Floor New York, NY 10003 (212] 2295459 >>qnwzot1 2:02 PM They have the mm as my address, butl was told that the rnallroorn would put my marl m-even it it say-1 try to check with the 13051 olfiLe tomorrow, don't anW if they WIN be able Mile-1|. Will I be able L0 gel the mail that the health renter received? Also [am glad he is banned, Ynanks' Ruben Lutomski 03/15/1131: PM ru-- lanr writing to inrorm you that one piece or your mall showed up atme health Center addressed to room-at Loeb (that so where they used to be located) 1t was not 1st class so it was not forwarded. However, it raises the questtorl as to what address your other marl is being sent. Perhaps you can died with the post office to (on!th that they have 135 E. 12th street room-as your address? 1hank you Also 1 have confirmed that-s on the PNG list at 13m Street lames, you may also want to check (he-mallhax In Lush fur anything addressed to-- Rob Rob Director of student Houslng ll Residence tile 79 5th Ave., Firm Floor New York, NY 10003 (212) 229-5459 11:19 AM I do not know If he has men to Ems! Lueb Hall, but 1 know that security does not know that he is banned from Locbt Haw tan they enforce a ban if secunty duesn'l know that he is banned? 03/15/11 917 AM -- lain/gmfaefine easion Re: Mail uodele i am not sure or the details behind his case but I will alert the appropriate staff that you believe he IS entering Lodz Hall. Thanh you for informing rile. nal Messa -- To: lulumsll subiea. problem that needs be fixed immediately sent: Mar 15, 2011 12:29 AM iiust dsmvered that-is not banned Loetr. i moved ior my fifety and was pmnused protection, yet it turns out that] do not have the protection that was promised. You need to fix this assocn as you read this email then try to figure out why this happened Th5 is not OK i thought not having mail was a pinblem, out now that inaire dlsowered mar my 'protecmn" does not Exist my top priority Is In restore my sarety. Fixing this cannot wait until 2:30 mi Tuesday. This should have never been an issue and mm 1 am looking into translerririg out or the university. xfeel that i am the problem student to the adminiouanoh or this school, but the reality is that non wane to live a normal life and the administration is doing everything possible to make that not haooen. I now regret reporting this shoe reponi i st made my lire a constant hassle. when will i be able to live a normal life where [don't need to worry abmt < llama/2031 )jfchelle Gaslon - Re: Mall uggate From: Robert Lutomslu to: name: 3/15 0112 9PM Sumem all Update 1 heard back item the Health center The item that was discalded was a mass on Mammography sueening that was addressed to you at Loeo Hall. They would be happy to provide you with any mformalmn you need on Mammographles, and we apologize ror ifrsaarding W's olete af3n1 class bulk mail. Let me know ii you there Is anything else I can do to help. 1 am glad to hear the P0 has your correct address now. thank you. Rob of Student Housing lit Residence Llfe 79 5th ~15,th Floor New vork, NV mum (212) 229-5459 /17/201112:22 PM Who are they to decode it my mall ls lunh mail? 1 rarely receive junk mail and would llke to be able to make that determination myself since they don't know what mall Heal ls impohantor not lmpoflanL 1r mey threw away my mail that 'o breaking federal law sinoe they are lampemno With my mail, Iwaot that plece of mail forwarded so I can decide it it is Junk or not. lam 19 years old and can decide that myselr. Robert Lutomskl 03/17/11 1026 AM The mall sent to the Health center was Junk mall accorulng to stafi' who round It), not first class, and thus was ml forwarded Rub Lulomskl Dlreetor or Student Housing at Residence me 79 5th Ave, Filth Floor NEW VOW, NV 10003 (212) 22975459 [15mm 2:02 PM sq They have the room as my address, out I was told that the maliroom would put my mall ln-euen if it say-I wll! try in check wmi the pea mine tomorrow, out 1 don't know ll they will be able to tell. be able to get the mail that the health center recall/ed? Also I am glad he ls FINALLY banned. Thanks! Rnbert Lutomskl 03/15/11 3:23 PM Hi i am writing to Warm you that one piece at your mall showed up at'nle Health comer addressed to room-at Loeh (that so where they used to be located). it was not 151 class so it was not lorwardeu. However, it raises the question as to wnat address your otho mall is being sent, Perhaps you can check with the postoffiue that they have 135 12m Street room-as your addressv Thank you. Also i have tonnrmed the-s on the PNG list at 13th street James, you may also want check the .malloox in Loeo tor anything aooressod to-- Rob Rob Lutomskl nirmor of student Housing Resltlenc: Ufa 1) Rachelle Gasl'on Re: Mall Update 79 5th Ave, Firth Floor New York, NY 10003 (212) 229-5459 I do not knaw if he has Lned to enter Loeb Hall, butl know that security does not know that he ls banned horn Loeh How can they enforce a ban ll doesn't know that he is banned? (6[1 072011 Rachelle Gaston - Re: important mgaljding mail From: Robert tutornski To: cc: Noble. James Date; 3/18/2011 3:30 PM subject: Re: important regarding rneil Hi-- lam sorry tn hear you may still be having mail problems. I thought we had [Ills when we met James Noble earller. Just to summarize: 1. you moved from Sluyvefink Park Residence to Loeb iiail roorr-in February, 1. We thei- moved you iroin room _as soon as we mnpleted renovations to the third noon 3 it seemed we had confusion over where your mail was going to Stuyvesant Part Residerice,_sa we held your mallbox in Stuyvesant Park, we continued to orve you acmss it, and when requested, Keliy Joyce was checking your box at SPR and iorwarding mail for you to Loeo hall. 4. Von still have access to your box in SW if needed. 5. ifyoiti leel you are magaslrres, please teii the Hall Dlrectdr of Loeb, James Noble, and I will authorize him to Purchase for you any magazines that might have been misplaced as we Iii-mi they were sent from SPR. a. We did have a report from Realm Services mat a ple(e or junk mail was addressed to you ln Loch-winch was the old Health Smite oflices but raised the possibility of an vicorreot address. You were then able to confirm irrith the P0 that they now had the correct address on nle. 7, As tar as iuture mailings, since we have had no reports or missing mail iiom any other students. start or trim our in Lost: Hall since the start of the school year in August, 1 cannot fathom why we would suddenly have an issue with mail getting to you it the has your toned address now. it you reel ma 5 soil being addressed incorrectly to you or not delwered to you at all piease iet me or your Hall nireetor know and we will investigate this fix you with searrity it necessary. Thank you tor writing and keeping me up to date on your malt. slncerelvi Rob Rob Dlvecmr of student Houslng st Residence Lite 79 5th Ave, Fifth New york, NV 1000: (212) 2297569 PM ihaye mntaeted me post office and they have my right address, 1 now know that .t is someone at Loeo that is messing up. it i do not know what the source of this probiem is and a solution by 1:30 today i will call the postal inspector to start an investigation on why i oannor get iriy mail. it my mail is being tampered with legal action will be taken. ido not want to do this, but i need medication, bills, and pay checks and those wilt start earning in the mall . If i cannot get those it will be a huge orooirsn. you and James do not seem to provide me with any answers on wiry this is happening at ottering a potential solution, thererore, i am forced to start the reporting process through the post affine to rix this problem. i deserve to live a normal lrie that includes me being able in get my medicine, bills. and paychedts via the mail without stress Please respond by 2:30 with a sdufion so i do not have to legal action against the school. Thanks! WELCOME TO STUY PARK Welcome to The New School and New York City! We're glad that you're going to be staying with us in the Stuyvesant Park community this summer! The following information will help to introduce you to the building and the surrounding area. The Residence Life Office The Hall Office is located on the SC Level and is typically open normal business hours during the week [see schedule on door}. At night, there is an RA in this office 7pm-i0pm. The phone number to the Office is 646-414-6135. In the event of on emergency and you can't find someone in the office, the Security Desk number is 646-414?6447 and the RA duty numbers are 917-577-8682 and 646?208?4528. Building Staff The Stuy Park RAs are Katie (LP), Anitali F), Su l2Fl. Alex Hannah l4F}, Suzy (SF), Pat (6F), Dom Camryn Dan (9F), Ariel (10H). and Ivan {l il-l}. The RAs are supervised by Head Residents Ashlee Miller and Mabel Frias and the building is managed by Hall Director Kelly Joyce. Security A Security Guard is stationed 24 hours a day in the first floor lobby. Residents must swipe their room key at the front desk every time they enter the building. Guests All guests [including family members) must be signed in with the security guard in the lobby. each time they enter or exit the building. All guests must provide a valid photo identification card to the security guard. The identification will be returned when the guestls} signs out. From 10 pm until 7 am. all guests are required to fill out an "After Hours Guest Form." GUESTS WITHOUT it) WILL NOT BE ALLOWED THE Please be aware that we cannot accept passports or credit cards as forms of identification. Please review the student handbook oniine for additional policies and procedures: student 11 andbookpdf. Our Neighborhood There are three grocery stores nearby: Associated on 14th Street between 151 Avenue and Avenue A Trader Joe's on 12*? Street between 3rd Avenue and 4lh Avenue Whole Foods in Union Square on 14*? Street For other items, there is: Duane Reade Drugstore on the corner of Wh Street and 3rd Avenue CVS Drugstore on iS' Avenue between 14'h Street and ism Street For house wares, linens, etc, K-Mgrt is located on 9'h Street between 3rd Avenue and Broadway. For electronics, visit PC Richards on 14*? Street near Union Square. For school supplies. there is a Stables in Union Square. Popular Nearby food ptaces: Bagel Boss on 1st Avenue between 15'h and 16?1 Street Dunkin Donuts closest one is on 15? Avenue between 15*? and 16'? Street Starbucks closest one is an the corner at 151? Street and 3rd Avenue City Gourmet Deli 0n lrl'h Street between 2nd and Bid Avenue Hot and Crusty on the corner of 14th Street and 15* Avenue Artichoke Pizza on 14'? Street between i5t and 2nd Avenue Amici Pizza on 3rd Avenue between 1th and 13*" Street Ruby?s Thai and Japanese on the corner of 15*? Street and Avenue Getting Around the City Most of the major subway lines are located nearby at the Union Square Station. You can take any of the following lines from this stationCheck out for more information about the subway and bus system. Also, is a website that provides subway, bus, and walking directions throughout the city. Doors, Lockouts, and test Keys Please make sure that your apartment door closes securely behind you when you leave your apartment. If you lock yourself out of your apartment, you should first try to find one of your roommates to let you in before contacting an RA. Anyone in the office or 0 RA on duty can assist you with a lookout. The On?Duty RA wilt be in the Hall Office between 7pm and iOpm. They can also be reached on cell phone the rest at the night. Each lockout after three lockouts during the course of the summer will also result in a $25 charge. it you lose your apartment keycard, there is a $25 charge to your account to replace it. Laundry The laundry room is located on the LC Level. Use the Value Transfer Machine on the wall to purchase a laundry card and to add money using your credit card. debit card. or cash {only accepts 5's and 10's]. There is no way to get money refunded from the card when you check out. so we recommend that you not put too much money on the card at a time. If you have any problems with laundry machines or accessing money on your laundry card, please call the number listed on the foundry card for the laundry company. Garbage Disposal and Trash rooms There are paper and metal 8. plastic recycling bins in the recycling rooms on each floor. Garbage should be bagged in grocery?sized bags and placed down the trash chute. DO not place garbage in the recycling bins. Cardboard boxes should be flattened and placed in the corner of the recycling room. Furniture All university furniture must remain in your apartment. Any missing or damaged university furniture will result in a fine and/or disciplinary action. Phone Each Suite has a telephone provided that can receive free incoming calls. To determine your phone number you should dial toll tree calling card on this phone free, however other outgoing calls of any kind require purchasing a long distance plan with RCN. Mail, Packages, and Deliveries The mail is delivered each day to the Mail Room on the SC Level. It is sorted and placed in mailboxes by building staff. Each student will receive a personal mailbox. lf you receive mail or a package that is too large for your mailbox, it can be obtained from the mail clerk between 6:30pm and 9:30pm. This information was included with your key card at check~in. The address for residents is: Resident's Name 318 E. l5?h Street Box it New York, NY When you move out of the building. you are responsible for filling out a change of address card [online: and updating your bank statements, magazine subscriptions, etc. Mail that comes to your old address will be returned to sender. If you receive mail that is not for you, please give it to the mail clerk or an office staff member. Packages arrive in the mailroom and are signed for by office staff. Notifications will be emailed to students? New School accounts. All packages must be signed for by the recipient and can be claimed during posted hours. Have a Great Semester! Residence Hall Handbook Welcome On behalf of all my colleagues in Student Housing 81 Residence Life and Student Services, welcome to The New School and your new campus home! We are thrilled you are here, and I want you to know that every member of our department is committed to working with you to ensure your residential experience with us is c0mfor?table, safe, enjoyable, and productive. Students living in New School's residences and apartments can expect to be immersed in a vibrant social and learning environment. Our housing options provide an array of living choices from traditional undergraduate residence halls to more independent, and apartment living to meet the diversity of our undergraduate and graduate students? needs. There will be activities in each building to help get you quickly connected to other studenm, and to all of the services our campus offers. Our professional Student Housing staff will offer you opportunities for learning and personal development presented by knowledgeable and skilled facilitators. Your RA 0r Head Resident will invite you to help plan and participate in social and ed uca?donal programs as well. We encourage you to take advantage of these opportunities to learn more about yOurself and your neighbors, to open yourself up to new ideas, to enhance your aCademic and artistic performance, as well as just to relax and have fun. Meanwhile, justoutside the door to your cam-pus residence, is New York City and all of its rich cultural offerings for you to explore with your new friends. New School students come frOm New York City, across the state, throughout the country, and around the world. You will be living with scholars, artists, musicians, and actors with different lifestyles, interests, talents, traditions and backgrounds. A residential community absolutely depends on the good judgment and considerate behavior of all its members. Tolerance, respect, cooperation, and personal responsibility are essential quali lies for any community to function smoothly. If any members of our community forget these essential elements, our well trained live-in staff is here to quickly remind and guide them. This handbook contains useful information about our policies and procedures, as well as helpful hints to guide you through your residential experience. We believe Illat by working together, your living experience will be liberating; helping you to achieve maximum results in attaining your personal and academic goals. We hope you enjoy your stay with us and we wish you the very best in all of your pursuits at The New School. Sincerely, Rob Lutomski Director, Student Housing 8: Residence Life Student Housing 86 Residence Life The Of?ce of Student Housing 8: Residence Life is responsible for all residences and leased housing communities, including staffing} activities, programming, and administration. Additionally, this office is responsible for managing applications, assignments, billing, and facilities management. The Of?ce is located at 79 Fifth Avenue, 5th Floor, and is open Monday Friday - The telephone number is 212.229.5459x36ll and the fax number is 212.229.5410. A deparh'nental directory is located in the Appendix of this handbook. Student Housing 85 Residence Life Staff Resident Advisors (RAs) The RAs are talented and motivated student leaders who possess excellent interpersonal skills and genuine interest in helping others. RAs serve as valuable resources and are available to answer'any questions regarding academic, social, or personal issues. RAs are peer counselors, acting as role models for the residents. RAs are selected in the spring semester for the following academic year. Head Residents Head Residents (HRS) are graduate students who assist the Area Coordinator, Residence Hall Directors, and the Office of Student Housing Residence Life in managing our residential facilities. The HR is responsible for the well-being of the residents of his her building and is the liaison among residents, the Office of Student Housing Residence Life, and RA staff. Residence Hall Directors The Residence Hall Directors (RI-ID) are full?time professional staff members who work closely with the RAS and the Director of Housing and the Assistant Directors to establish and maintain a residence hall environment that is conducive to the academic and personal growth of each resident and is consistent with the goals and objectives of The New School. he RI?le supervise the RAs and work with them to initiate programs and activities in the residence hall, respond to problems and emergencies of any kind, and enforce the policies and procedures that govern the building. The RHDs live in the buildings and maintain regular office hours, which are posted at the Hall Office of each residence hall. Area Coordinator The Area Coordinator (AC) is a full?time professional staff member who works closely with RHDs and HR staff. The AC is based out of the William Street Residence Office and works closely with the William Street RA staff and resident population. Programming serves as a large functional responsibility for the Area Coordinator. The AC promotes student programming through the residence hall councils in collaboration with the Assistant Director for Residence Life and the Residence Hall Directors. The AC also serves as the designated departmental liaison with the Office of Student Development 8: Activities to promote and coordinate developmental programming initiatives within all residence halls. Assistant Directors of Housing The Assistant Director of Housing Operations coordinates the annual housing selection process, new room assignments and assists the Director in matters related to facilities, security, and billing, The Assistant Director for Residence Life supervises all aspects of student and professional staff selection, training, and departmental programming, and serves as a liaison to the Office of Student Rights and Responsibilities. The Assistant Director for Summer Programs 6: Housing Services coordinates summer housing and conference groups and special projects throughout the year and serves as the liaison to the campus events planner. Director of Student Housing 85 Residence Life The Director of Housing supervises all aspects of the Office of Student Housing 3: Residence. The Director of Student Housing 3: Residence Life is assisted by the three Assistant Directors and an Area Coordinator (see above). Residence Hall Emergency Response System Each night to the next morning) in our undergraduate residences, an RA is on-duty to facilitate lockouts, work order requests, and assist in emergencies. The RA On-Duty schedule is posted at the Hall Office, Security Desk, and throughout each residence hall. If a resident requires emergency assistance and the RA On?Duty is not available, he/ she should contact the Residence Hall Security Desk. On weekends and during holidays when university offices are closed, an RA is on-call for emergency situations and can be reached anytime. - In addition to the RA On?Duty in each building, the I-le, the Area Coordinator and Assistant Directors of Housing are on?call during evening and weekend hours to assist with any emergencies in the dorms. E13111 5664 .646. 414 2671 26465337301 I646. 414 2699 Loeb 1-1611 EE 212 229E1167E xEl 1646414 0701} W111iamE sErreeEtEE 646414 0232 3466337322646 414 E0211 20111 Street 5646 41.4 6050 (E-EREI-EID) 646 414 6102 3317 577 E8682 i 646 414 6135 1646 203 4528 212-253-2154 E2316811661 646 414. 6050 420111511661 EE E'Stu} vesant Park: I Community Development Residence Life Programming Each RA plans programs specifically for his her floors and residential community. Additionally, Hall Councils plan building-wide programs. We 110pe you will not only attend hall events but also participate by suggesting ideas and helping the staff with the actual planning. The more involved you are with the types of events that are planned, the more you will enjoy your residential experience. Residence Hall Meetings Floor and or building?wide meetings may be held several times a year. Attendance at these meetings is mandatory. You will be responsible for informing your RA if you are not able to attend a meeting. Residents are held responsible for all information discussed at any meeting they fail to attend. The purpose of these meelings is to p1 ovide all residents with important information and to have the opportunity to discuss residence hall community issues If you miss a meeting, be sure to talk with your RA The Residence Halls Residence Hall Descriptions 2 1~23th Street Residence Hall .. 118 West 13th Street New York, NY 10011 2 2'2 2The 1.3th Street Residence Hall is a traditional?style residence hall on a 2' quiet residential street. 13th Street is designated for firs t?yea r-students. Students share 2common floor bathrooms. The 13111 Street Residence Hall Cafeteria is located in the flower level. 13th Street has a professional Residence Hall Director and 6 RAS. 2Loeb Residence Hall is a 252?resident, suite-style building located in the East Village. gThe Student Health Services Center is located on the first floor of Loeb I-Iall. Loeb Hall is designated for primarily upper-class undergraduate students . Loeb Hall has a fprofessional Residence Hall Director and 7 RAs. 220th Street Residence Hall 2300 West 20th Street New York, NY 10011 20th Street Residence Hall is a ZOO-resident suite-style residence hall located in the 2Chelsea district. 20th Street Residence is designated for primarily upper-class 2 undergraduate students. 20th Street has a professional Residence Hall Director and 5 f' i RAs. (?Manes 2113212122222 2 '2 2 2 . 284 William Street New York, NY 10038 . 2 :William Street Residence Hall 15 a 416 resident suite? ?sty le residence hall located in the 2Financial District, a few blocks from the South Street Seaport All major subway lines 2aie within a two- to three-block ladius of the residence hall, making it easy to get fanywhere in the cily within minutes. William Street is designated for primarily upper? Eclass undergraduate, graduate, and AAS students. William Street has a professional 9A1 ea Coordinator, a ?Head Resident, and 28 - 2Stuyvesant Park Residence 2318 East 152? Street, New York, NY 10003 3side of Manhattan within walking distance of campus. Stuyvesant Residence is idesignated for first-year?s tudents. Stuyvesant Park has a professional Residence Hall 2Director, 2 Head Residents, and 12 RAs. 223rd Street New York, NY 32231?1 Street is an apai tlnenl: building in the Chelsea neighborhood of Manhattan, on 23'd 2Street between 7*h and 8'h Avenue These apartments are all [we-person studio apartments and? are deszgnated students.2 i The Office of Student Housing 8: Residence Life leases additional facilities as needed to house students. Living in the Residence Halls 86 Apartments Items You Should Bring I Becld in Linen 0 Sheets Pillow Pillow Case Blanket(s) Towels Washcloths Toiletry Items 0 Soap, Shampoo, Toothpaste, Deodorant, etc. 0 Shower caddy to carry toiletry items to the bathroom - Things to make your room more comfortabie 0 Posters, Pictures of Friends Family 0 Personal Mementos Convenience Items 0 Phone, Stereo, Radio, TV, DVD player, Computer (with Ethernet card), Ethernet cord Miscellaneous 0 Alarm Clock 0 Laundry Aids (laundry bag, soap, dryer sheets, etc.) UL-listed Power Strips (with breaker switch) fer electrical items 0 Flashlight Hint: Consult with roommate(s) to avoid unnecessary duplication. This will save space in your room. Items Not Permitted I Any cooking appliance that does not have an auto?shutoff or timer function (buildings with kitchens) l--lotplates (or any other cooking device with an open coil) and grills (ex. George Forman grills) . Space Heaters Candles or incense I Halogen lamps - Window screens - Air Conditioners (except those installed by The New School where appropriate) . Pets of any kind (including, but not limited to, ?sh, birds, or any other animals that live in cages or tanks) I Weapons (including, but not limited to, explosives, knives, chukka sticks, decorative swords, pellet guns, or firearms) aterbeds Live trees of any kind Flammable or combustible materials like turpentine, paint remover, lighter ?uid, gasoline, propane, natural gas, kerosene, motor oil, etc. . Spray paint and fixatives Room and Roommate Assignments Housing information is sent to students starting in July. Every effort is made to place a student in his her first choice building and/ or room type or with a roommate who shares similar interests and living habits. Unfortunately, the number of student requests far exceeds the number of available beds in a given residence hall 0r room type. Generally, roommates are assigned to rooms based upon the behavioral attributes outlined in the housing application. Honest answers bear great impact upon the assignment process. Wherever possible, specific roommate requests will be granted if both parties have requested one another. If time permits, each resident will receive the name and email address of his or her roommate before arrival. Roommates should use this opportunity to get to know one another and to discuss plans for bringing items to campus. The Office of Student Housing 8: Residence Life believes that honesty, mutual respect, consideration, open communication, understanding, and compromise are the key elements in learning to live productively with a roommate. It is important to recognize that each person is unique, requiring space for privacy and freedom of expression. Roommates need not be best friends, but they must respect each other and share responsibility for their relationship. Roonrmate/Suitemate Responsibilities 85 Agreements Your enjoyment of life in a residence hall will depend to a large extent on the thoughtful consideration that you and your roommates suitemates demonstrate for each other. if you are having difficulty with your please talk to your RA or HR for conflict/ mediation tips and or for help mediating a discussion. Each roommate/suitemate possesses the following rights. Additionally, each roommate is responsible to help ensure that these rights exist for their roommates suitemates. . The right to read, study, and sleep in their room with as little disturbance as possible. I The right to expect that roommate suiternate(s) will respect one's personal belongings. I The right to a clean environment in which to live. The right to free access to one?s room and facilities without pressure from the roommate/ suitemate(s). a The right to be free from physical or emotional harassment. The right to speak openly and be treated considera rely and thoughtfully. The right to address problems and concerns in a mature manner. Con?ict Mediation Procedures Our staff may assist individuals experiencing roommate problems. Please follow the process outlined below: - When difficulty arises between roommates suitemates, you should try to work out your differences by scheduling a room suite meeting and filling out a roommate suitemate agreement form. I If the problem cannot be resolved easily, 3 RA should be notified. - The RA will help to facilitate a dialogue and attempt a resolution. In the event that a resolution is not possible, the RA will notify the RHDwill review the situation to decide what the next step in the mediation process will be and consider other possible solutions. In a Roommate con?ict situation where Housing Staff feels the conflict is irreconcilable &/or violence is a possibility, all Roommates or Suitemates involved could be relocated immediately. Housing 86 Maintenance Services Laundry Facilities Laundry facilities are provided at Loch Hall, 13th Street, 20th Street, Stuyvesant Park, and William Street. Residents of these buildings have access to value?card-operated washers and dryers. Please be considerate of other residents by removing your laundry from the washers and dryers when finished. The 23rd Street Residence has commercial laundromats nearby. Loeb, 139? St. and Stuyvesant Park Residents, can view laundry room and machine status online by visiting Lock Cuts The RA On-Duty is available during duty hours to unlock a room or suite in the event a resident is locked out. Lockouts are tracked by the staff. If a resident accumulates more than three lockouts, the resident will be charged $25 to his her Bursar account for each additional lockou t. Lockouts after midnight are performed in emergency situations only and will automatically result in a $25 lockout charge. Housing Staff will not open a door to a room in which a student does not live. Neither the Security Desk nor the maintenance staff may provide lockout service or access to rooms/ suites. 23rd Street: When locked out at this complex, residents should first ask for assistance from the doorman to the building. He will then advise as to steps to be taken depending on the time of day. A student who loses his/ her room or mailbox key is subject to a $100 lock change charge {or $25 keycard replacement). If a resident loses his/ her room or mailbox key (or if a key is stolen), he she should talk to the RHD, I-IR, or RA on-d uty immediately. Keys and key cards remain the property of The New School. A resident may not lend nor duplicate keys or keycards to anyone. In order to promote safety and security, each resident should keep their room /suite door locked and carry their keys or keycards and at all times. Mail In most cases, mail is delivered Monday - Saturday and sorted in your building?s mailboxes. Mail, packages, and or deliveries cannot be accepted prior to checkin. Instructions regarding mailbox access and package retrieval be available at your residence hall during check-in. The New School is not responsible for lost, stolen, misdirected or damaged mail, parcels, or packages. If you are expecting an important package, please make sure you are available to receive and sign for it when delivered by the US. Postal Service or other courier FedEx, UPS, etc). Mail forwarding service is not provided after a resident moves to another room suite, residence hall, or out of the dorms. Students should update all banks, magazine subscriptions, etc. when moving. Also, students should update their mailing address with The New School through the Registrar's Office or online through ALVIN (alvinnewschooledu). Telephones At Loeb, 13th Street, 20th Street, Stuyvesant Park, and William Street Residence Halls, each room or suite has a telephone number and each room suite has a telephone. Incoming, 911, and inter?building telephone service and voicemai-i is provided free of charge through RCN. To set up voicemail, students simply need to dial *9 from their phones. Residents may also contract for outgoing local and long distance service by filling out the necessary paper?WOrk at their residence hall of?ce. The intercom system is the only way that the front desk will announce guests and or deliveries. To reach another room with RCN telephone service, simply dial the last 5 digits of the person's phone number. If you contract for outgoing telephone service, you will dial 8 ?1 the ten digit number to each an outside line. Students at 23rd Street Apartments who wish to arrange for local and long distance telephone service can contract tin-Ough Verizon or RCN Internet Access At Loeb, 13th Street, 20th Street, Stuyvesant Park, and William Street Residence Halls, each resident is provided with an Ethernet jack for internet access. Students must provide their own properly configured computer and ill/100 Ethernet cable. For more information about system requirements, visit at/ network dormitories or call the Help Desk at 212.229.5300 x2828. In order to provide a secure network, the 1T department requires that students have the latest system updates and anti? virus software installed on their computers. Students must show proof of compliance by making an appointment to have an technician check their computers. The IT Help Desk may be reached at 212.229.5300 x2828. To ensure prompt service, make sure you leave your full name, building and room [suite number, and a call back number. Residents of the 23rd Street Apartments may contract for Internet service in their rooms through RCN (rcncom), Verizon for dial?up or DSL or Time Warner Cable for cable modem service. Cable TV Cable TV service is prOVided in each room/ suite at Loeb, 13th Street, 20th Street, Stuyvesant Park and William Street: Simply connect your TV to the cable TV wall outlet. Channel lineups are viewable at cabletv. Residents the 23rd Street Apartments may arrange for cable TV service through Time Warner Cable The common area lounges in each residence hall (except 23rd Street) have a television with Cable TV Service. Secmity 85 Guest Policies A security officer is posted in each residence hall 24 hours a day. 23rcl Street has 24/ 7 doormen on duty. The security officer monitors the guest policy and assists when emergencies arise. Each resident is required to show their valid New School identi?cation card upon entry into a residence hall. Security officers are also responsible for enforcing the guest policy and for checking ID cards. Any attempt to argue with, intimidate or harass a guard will result in disciplinary action. Security can be reached through the room/ suite intercom or by calling your residence hall?s front desk. if you have any comments regarding security services, please direct them to your Rl-l D. No student is allowed to enter or leave a residence hall by any means other than the front door. Security systems and door alarms exist at the emergency exits throughout the residence halls and on the roofs. Emergency doors are not to be propped open. if you see a stranger in a hallway, or you witness harassment by anyone, contact the residence hall staff or Security immediately. Give your name, room number and the room numbers near the location of the incident. Do not intervene in the situation on your warm. Security-Related Suggestions I Do not leave your room/ suite door open or unlocked, especially when you are not there. Do not sign in people you do not know as guests to the building. I Each resident is responsible for his or her guests behavior and actions while in the residence hall. I If someone or something appears suspicious, immediately contact the RA on?duty or security. I Protect your personal property by acquiring appropriate personal property insurance coverage. Message-Taking: The residence halls, security desks and the Of?ce of Student Housing ti: Residence Life do not provide message-taking services. However, the security desks in the residence halls will accept incoming calls in emergencies. Guest Policies: All guests must be signed in and out by the host resident at the Security Desk. All guests must provide valid photo identification (IDs may not be expired). Any request to have a guest under the age of 1.6 must be approved by the or AC in advance. Residents may sign up to 3 guests at a time during the day. From 10p1n?8a-m, no more than 2. guests will be permitted per room. Any guest signing in after 10pm must fill out the After Hours Guest Registration form. A resident may only have overnight guests for a maximum of 3 nights in a 7-day period or 7 nights in a 30-day period. For additional guest policies, please refer to the Residence Hall Policies section. 23?! Street Apartments: There are no security guards stationed at your entrances, so students are expected to follow the honor code in relation to guests and respect their fellow residents. If a student expects an overnight guest, he/ she should fill out an overnight guest form, available in the lobby of the building or from the central Housing Of?ce in 79 5lh Ave., fifth floor. The form requires the signatures of all suitemates consenting to the guest visit and should be turned in to the appropriate Head Resident. All individuals must be able to be accounted for in case of emergency (ex. Fire evacuation, etc). Any student found in violation will be subject to disciplinary action and could be removed from housing. Questions should be directed to your Area Coordinator. Elevators The passenger elevators in the residence halls are used heavily every day. Breakdowns are costly and inconvenient. Please follow these practices in order to avoid an occurrence of breakdowns: . Do not hold the elevator by holding open the door. - If you need to hold the elevator Open, use the button. Do not push the elevator doors open after they begin to shut,- use the button or just let them close. . Do not overcrowd the elevator cab. . Do not smoke in the elevator cab. Smoking in the elevator will set off the fire alarms. Disabilities-Related Accormnodations Students are encouraged to read all disability-related information in the Student Handbook and online at studentaffairs/ disability. Students with disabilities, who require disability-related housing accommodations and have not yet made an official request, should contact the Office of Disability Services (212.229.5626 x3135 or sd5@newschool.edu) for detailed information as to required information and documentation. Requests and supporting documentation are reviewed by the Housing Accommodations Committee, which consists of administrators from the Offices of Student Housing Residence Life, Student Health Services, Student Counseling Services, Student Disability Services, and Student Rights and Responsibilities. All submitted documentation is kept on a confidential basis and does not become part of a student?s permanent record. Insurance Basic Health Insurance: All students in the residence halls are required to carry health insurance coverage. Basic Accident Insurance is provided through the Student Health Services Center. Questions about the services provided by the Student Health Services Center can be made at their office, located in the lobby of Loeb Residence Hall at 135 East 12th Street, or by calling 212.229.1671. Personal Property Insurance: While every effort is made to provide a healthy and safe environment, the Office of Student Housing Residence Life assumes no reSponsibility for the personal property of students. This includes damage, loss, theft, fire, water damage, flooding, or personal injury. Students are strongly advised to have all of their personal prepel?ty protected against theft and other 1055 by an appropriate individual or family insuranco coverage. If your parents have a policy for their home or apartment, ask whether yOur room can be included in that policy. Repairs 86 Damage Billing Repair Reporting Procedures: Residents should report all maintenance problems to their Residence Hall Office, or to the RA on?duty. The RA will provide you with a Maintenance Work Order form to fill out. Residents should not attempt to make maintenance repairs themselves. Maintenance staff is available to attend to routine matters. Do not let a routine maintenance matter become an emergency. Emergencies are costly to rectify and result in great inconvenience to all. Emergency Maintenance Requests: Residents should report maintenance emergencies to a member of the residence hall staff immediately. During daytime hours, if residence hall staff is unavailable, alert the security guard building?s lobby of your building. Extermination Requests: Residents may not refuse a visit by the university?s contracted exterminator unless a medical exemption is on file at the Office of Student Housing 8: Residence Life. A room that is passed over may adversely affect the entire residence hall community. Students are required to move their furniture away from the walls when the ex terminator visits. Room Condition Reports (RCRS) Each resident will receive a Room Condition Report (RCR) form at check in. This form should be reviewed and completed immediately and carefully. It will be used again at check out to determine any damage costs. The RC must be signed and returned to the RA within 24 hours after check in. Failure to do so will result in liability for all room damages including those present at check in. Property and Common Area Damages Roonis/suites should be kept clean and in good condition. Each resident is responsible for maintaining a safe and healthy living environment, which includes a clean and hazard-free room/ suite. Any damages beyond normal wear and tear noted on the RCR will be charged to the resident's Bursar account. When responsibility for damages cannot be determined, the damage charge will be split equally between the roommates and or suitemates. All residents of a floor or building may share joint responsibility for loss or damage to common areas. Disciplinary action may be taken against residents who are involved in deliberate damage. Furniture . Furniture provided by the university may not be removed from rooms, suites, lounges, or common areas. Residents are not allowed to bring in any outside furniture to their rooms. Special needs may be addressed with the RHD or. To have an exception considered you must be able to produce a receipt to prove that the furniture was purchased and is in new. Windows Students may not place any items in their windows or on window ledges. This includes, but is not limited to, air conditioners, window screens, fans, plants, etc. Any item that has been installed by the university as a fixture of the residence hall (including, but not limited to, air conditioners, safety bars, etc) may not be removed. Any student found responsible for having placed an item in a window, having an item fall from a window, or throwing an item from a window will be subject to disciplinary action, which may include removal from university housing. Any student found responsible for entering or exiting a building through a window will be subject to disciplinary action, which may include removal from university housing. Fire escapes may be used during emergency situations only. Decorations Students are encouraged to decorate their rooms in a way that is pleasing to them; however, painting and or permanent alterations to rooms suites are not permitted. The use of screws, bolts, nails, tacks, glue, or other adhesive on furniture, walls, ceilings, woodwork, or doors is prohibited. Any material that leaves marks on walls or furniture is not permitted. Application of wallpaper, wall-paneling, Or the installation of exterior antennas or aerials are not allowed. Damages to walls or other surface areas will be assessed at check-out time and charges will be issued to cover the cost of repair. All decorations must be non?flammable materials and may not cover or block exits, exit signs, lights, fire extinguishers, carbon monoxide detectors, or ceilings. Live trees are not allowed. Decorations may not be attached to fire safety equipment (such as sprinklers, fire alarms, emergency strobe lights, etc}. Neon signs may not be mounted in windows. Decorations are permitted on room suite doors, but cannot restrict entry or egress. Room Inspection Room Entry Two to three times a semester, Housing and Maintenance staffs conduct inspections of common areas and rooms suites for safety, health, inventory, and damage assessment purposes. Rooms also may be entered to determine necessary repairs and to exterminate pests. Whenever possible, students will be notified before entry. The Office of Student Housing (S: Residence Life believes in the right to privacy. However, if a situation warrants, Housing staff reserve the right to enter a room or suite without notice. Such entry will take place when there is a threat to the health or safety of any resident. A resident who wishes to file a complaint regarding this issue should contact the Assistant Director for Residence Life. Residence Hall Damage Assessment Below are the estimated charges for any extra cleaning or damage to university property. These charges are Subject to change at any time based on expense of repairs and services rendered. Damages are usually assessed when a resident checks ou t. To avoid charges, report any discrepancies on your Room Condition Report and complete a Work Order so that repairs and replacements can be made. Emmett Ba 's'Winddw' $200 Eliightfixture ?$50 per fixture innings I I Bathroomsmk ?300 .. i Dom-frame .. .. . $5001)? door imeshes"swagger'sgapeiijaa? {basics gangs 10a; Taber? $456533;sz {snake gas-asses? l?oilet .. EBathroomMmor . . .35600 Efrash Can $40 per can Kitchen Sink I Essen? I ag pp j?kiiea?i'e'aiis?'t?" Essie I I. I. I Refrigerator $800 53,256" . goddesses "zest iBed frame 3200 EWall . .. E53250 perwal] 3 EME?ttlreS-S i $150 i {Entireiied?roolnl 155500" I gases/warren WE Eiiatiie canons {$706 Bet: $4.99. . ?l . .. Ladder $120 3 Residence Hall Community Management Student Code of Conduct Date Modi?ed April 2, 2008 I. introduction As an institution of higher learning, the university affirms certain basic principles and values that are, in the fullest and best sense of the word, educational. The university is also a community and in that regard, upholds certain basic principles and standards of behavior that underlie its educational purpose. These include the recognition and preservation of basic human dignity, the freedom of expression, equal opportunity, and civil discourse, a sustained atmosphere of safety, respect for policies, rules, regulations, and standards set forth by the university, its academic divisions, and the federal, state, and city governments. The Student Code of Conduct is designed to protect and promote these principles and standards of behavior that are in keeping with our educational mission. Formal disciplinary proceedings and penalties have a role subordinate to informal conversation and discussion, constructive advice and counsel, and supportive guidance. The Student Code of Conduct supports an environment where sensitivity, tolerance, and respect are Sustained for members of the university community and its neighbors. All students at the university are expected to abide by the Student Code of Conduct. II. Conduct violations A. University-wide Violations The following actions are considered violations of the Student Code of Conduct and are subject to sanctions imposed in accordance with the Non-Academic Disciplinary Procedures of the university. 1. GENERAL MISCONDUCT Conduct unbecoming of a student member of the university community. 2. DISORDERLY CONDUCT Disorderly conduct includes, but is'not limited to, lewd, indecent or obscene behavior on university owned or controlled property or at university sponsored functions; conduct that is unreasonable in the time, place, or manner in which it occurs; and or obstruction or disruption of university sponsored activities; or conduct which adversely affects the student?s suitability as a member of the university community or which is inconsistent with the mission of the uniVersity. 3. HARASSING CONDUCT Verbal or written actions that are abusive to any person, or any other conduct which threatens or endangers the physical, emotional health, or safety of any person on university owned or controlled property or at university sponsored functions. 4. PHYSICAL HARASSMENT Physical harassmenl, includes but is not limited to inappropriate touching, of any person or similar conduct that threatens or endangers the physical or emotional health, or safety of any person on imiversity owned or controlled property or at university sponsored functions. 5. FRA UD Knowingly furnishing false information to the university administration, faculty, or staff. 6. FORGERY Forgery, alteration or misuse of university documents, records or identification. 7. FALSE ALLEGATIONS Filing and or sharing of knowingly false information about another member of the community with faculty, staff, or other members of the university community. 8. THEFT Possession of or involvement with stealing of property beIOnging to another member of the university community. 9. DAMAGE TO PROPERTY Damage to property of the university, or that of a member of the university community or campus visitor, while on university property or at university sponsored activities including, but not limited to, walls, classroorns, and residence halls. 10. VANDALISM Intentional damage, destruction, or defacement of property including, but not limited to walls, classrooms, and residence haUs. 11. DRUGS Use or possession of narcotics or dangerous drugs or of any illegal or controlled substances, except as expressly permitted by law, on university owned or controlled property or at university sponsored functions. Furthermore, students are prohibited from the on-campus possession of any type of paraphernalia associated with the use of drugs scales, bongs, pipes, etc). '12. DRUGS DISTRIBUTION Distribution or the manufacture of narcotics or dangerous drugs or of any illegal or controlled substances, except as expressly permitted by law, on university owned or controlled property or at university sponsored functions. Furthermore, students are prohibited from the on-campus possession of any type of paraphernalia associated with the use, distribution, or sale of illegal substances narcotic drugs scales, bongs, pipes, etc). 13. ALCOHOL Use, possession, or distribution of alcoholic beverages, except when authorized by the Office of the Assistant Vice President for Student Affairs for a particular function, on university owned or con trolled property or at university- sponsored functions is prohibited. Furthermore, the sale, distribution, or procurement of alcoholic beverages for anyone who is under the age of the use of false identification to procure alcohol; and the possession on campus of any type of paraphernalia associated with the consumption of alcohol is expressly prohibited. Alcohol possession and use is prohibited in the Residence Hails by those students under the age of 21 and in dry residences as outlined in the Residence Hall Handbook. This pertains to empty bottles used for decoration, academic projects, or other purposes. '14. PUBLIC Public disruption clue to intoxication or drunkenness from consumption of alcohol, narcotics, or dangerous drugs. 15. Recklessly subjecting any person to the risk of bodily harm, or severe emotional distress, or causing or encouraging any person to commit an act that would be a violation of law or university regulations, for the purpose of initiating, Promoting, fostering, or confirming any form of affiliation with a student group or organization. The express or implied consent of the victim is irrelevant in determining whether or not there has been a violation. 16. UNIVERSITY FACILITIES Unauthorized entry or use of university facilities. 1.7. NA AREAS Students are not allowed on the roof, ledges, or fire escapes of any university building or residence hall. 18. KEYS Unauthorized possession, duplication or use of keys or key cards to university facilities including residence halls. Giving of keys and key cards to another individual including other residents and guests. 19. EAPONS Possession, diSplay, use or distribution of any weapon such as a firearm, knife, etc., or any item used as a weapon or of such a nature that it is intended for use as a weapon, except with expressed university authorization, on university owned or controlled property or at university sponsored functions. 20. FIRE SAFETY Tampering with or misuse of fire alarms, fire exits, ?re-?ghting equipment, smoke/ heat detectors, sprinkler systems, and other safety devices on university grounds; causing or creating a fire; and the use of all open flame devicos such as, but not limited to, sternos, incense, kerosene lamps, and barbecue grills; failure to evacuate a building at the sound 0r activation of the fire alarm system; and the use of any and all fireworks. 23. Failure to comply with directions of university officials acting in the performance of their duties. 22. UNIVERSITY Misuse or transfer of university identification dOCuments. This includes but is not limited to, the transfer of university identification documents to gain entry to university buildings, and/ or to procure any university services. Failure to obtain and provide an up-to-date, official student for entry to university buildings. 23. GA Gambling in any form anywhere on campus. 24. SMOKING Smoking cigarettes, cigars, etc. is prohibited in all university buildings. 25. PETS All pets are prohibited on university property, including residence halls. 26. UNREASONABLE AND EXCESSIVE NOISE Creating noise as deemed unreasonable or excessive by university staff on university owned or controlled property, including but not limited to noise that can be heard beyond a student's room or suite. The playing of musical instruments in areas other than those deemed appropriate by the university for such activities. 27. UNAUTHORIZED POSTING - Posting of announcements and other publicity items at the university that are not in accordance with the guidelines set forth by the Office of Student Development and Activities (OSDA) and or the appropriate department within the school or division. Announcements and publicity items to be posted on Residence Hall bulletin boards must be submitted to the Residence Hall Director for approval prior to posting. Approved items may only be posted in designated locations. 28. UNAUTHORIZED SOLICITATION AND BUSINESSES Soliciting or canvassing on university owned or controlled property without prior approval. Authorization for canvassing in the Residence Hall is given only to rec0gnized university groups or organizations. Solicitation is not permitted in the Residence Hall without the advanced written permission of the Office of Student Housing and Residence Life. If a solicitor disturbs a resident, a member of the residence life staff must be contacted immediately. Students are not allowed to conduct businesses on campus or in the residence halls. Businesses, as defined by the Student Code of Conduct, pertain to any service provided in exchange for cash, services, or any other form of benefits. 29. SAFETY OF OTHERS No person shall create conditions that endanger or threaten others or their property, or create a health hazard or nuisance. B. Residence Hall Specific Violations All violations listed in Section A. apply to students residing in residence halls as well as their guests. The following additional actions are also considered Violations of the Student Code of Conduct and are subject to sanctions imposed in accordance with the Non?Academic Disciplinary Procedures of the university. Definitions: As used in this document, the term ?Residence Hall? means any building, room, facility, or premises owned and/ or operated by the university for use as a dormitory, whether by lease or by contract, to students enrolled at the university. ?Resident" means any student, whether undergraduate or graduate, occupying a space in a Residence Hall. 1. FAILURE TO COMPLY WITH HOUSING CONTRACT 8: REGULATIONS Failure to comply with regulations set forth in the Residence Hall Handbook, the Housing Contract, and as set forth by the Office of Student Housing and Residence Life. Failure to comply with official requests from university staff, including but not limited to housing and security staff, in the performance of their duties. 2. GARBAGE AND OTHER HEALTH HAZARDS Failure to keep rooms and shared common areas reasonably neat and orderly as determined by university staff. Failure to keep such areas free of excessive trash and floor space free from debris and other hazards. The creation of an environment that presents a health and safety risk to other members of the community and or that endangers or threatens others or their property, or creates a health hazard or nuisance. 3. GUEST POLICY VIOLATIONS Failure to abide by the University Student Housing Guest Policy as set forth in the Residence Hall Handbook. 4. SAFETY PRECAUTIONS a. Windows No person may place objects on the outside, or inside of windowsills. No objects of any kind are to be thrown from or at the windows. Removal of screens, window locks, or window guards, is prohibited. b. Prohibited Items The following are NOT permitted in the Residence Hall: cooking appliances with exposed elements (open coil); hot plates; candles of any kind; incense and incense burning devices; use of roller blades skates, skateboards, or bicycles in the hallway or on any university property; mopeds or live trees of any kind; changes to electrical wiring, heating, or alarm systems; and other items as deemed not appropriate by university staff. c. Cooking In accordance with New York State Health Codes, students may not cook in their bedrooms. In certain Residence Halls, kitchenettes are provided for this purpose. Where provided, cooking equipment must be properly maintained and cleaned. . C, Academic Dishonesty 1. DEFINITION Academic Dishonesty is any act, which allows a student to gain an unfair advantage over other students. This includes, but is not limited to, copying, plagiarism, collaboration, alteration of records, use of restricted aids, unauthorized use of proprietary ma terial, bribery, and lying. 2. DIVISIONAL RESPONSIBILITY FOR ACADEMIC DISHONESTY a. The academic division in which the student is enrolled has primary responsibility for the adjudication of ali infractions involving Academic Dishonesty. b. It is the responsibility of the student to become familiar with the Academic Dishonesty policy in effect in the division in which the student is enrolled. D. Rights and Expectation of The New School The university reserves the right to enter rooms at any time without a search warrant for the pLu'pose of maintaining safety and security standards, to enforce hEaIth regulations, to follow through with disciplinary action, to maintain the orderly operation of the Residence Halls, and to respond to emergency situations. 2. The university reserves the right to require students to change rooms or Residence Halls, without notice, when necessary. 3. The university reserves the right to notify parents of a student?s violation of the Student Code of Conduct. 4. The university reserVes the right to hold students financially responsible for ail losses and damages to university property. 5. The university expects each student to be responsible for securing his her personal property. The university will not be responsible for the loss, theft, or damage to personal effects of sludenls and their guest(s). Residents are slrongly advised to obtain the appropriate homeowner or renter insurance coverage on valuables. 6. The university expects students to comply with any instruction from a clearly identifiable university official, performing his or her uties in the enforcement of application of university policy. Students are expected to show their university identification card upon request to any Residence Hall staff person and other appropriate university official, performing his her duties in the enforcement or application of university policy. 7. The university reserves the right to amend the Student Code of Conduct and the Non?Academic Disciplinary Procedures at any time. Non-Academic Disciplinary Procedures Adopted April 26, 2005 i. General Provisions A. Purpose The University Non-Academic Disciplinary Procedures are designed to facilitate fact?finding and lo review incidents involving violations of the University Student Code of Conduct. It is not intended to create an adversarial court?like proceeding. B. Disciplinary Authority 1. Disciplinary authority is vested in the Senior Vice President for Student Services as the designee of the President of the university. 2. The Non?Academic Disciplinary Procedures are administered by the Office of Student Rights and Responsibilities (SRR), The Office ensures the fair and dutiful administration of the disciplinary process in the review of incidents involving violations of the Student Code of Conduct. C. Violation of Law/Off Campus Conduct . . 1. Students of the university are subject to local, state, and federal laws. As a general rule, the university Will not institute disciplinary procedures when a student of the university has been charged off-campus with a violation of a local, state or federal law. However the university reserves the right to invoke its disciplinary procedures. 2. Students are subject to reasonable disciplinary action deemed appropriate, including suspension and expulsion, for breach of federal, state or local laws or university rules or regulations off-campus when such conduct is likely to have an adverse effect on the university, on the educational process, or affects the student's suitability as a member of the academic community. ll. University Sanctions . The university is committed to providing an environment where sensitivity, tolerance and reSpect are sustained for members of the university community and its neighbors. Imposed sanctions are intended to facilitate these goals. While they may initially be perceived as authoritative or punitive, their purpose is to promote an environment in which good citizenship can flourish among and between students and other members of the university community. A. General Provisions 1. The sanctions listed below are recognized by the university in holding students accountable for violations of the Student Can't? ofComiuci. It is understood that previous violations may be considered in determining sanctions. 2. Students are held responsible for the actions of their guests while on campus. Sanctions may be issued to the host when a guest is not a student of the university. 3. Students are strongly advised and encouraged to consult with the Student Ombuds for a neutral and confidential appraisal of their rights and responsibilities under the Student Code of Conduct and the Non-ACademic Disciplinary Procedures. 4. Fa iiure to comply with imposed sanctions subjects the student to further disciplinary action. B. Immediate Suspension Authority 1. EMERGENCY SUSPENSION The President of the university, or an university officer authorized by the President, may impose upon a student an immediate emergency suspension when, in the judgment of the President, such action appears necessary for reasons relating to a student?s physical or emotional safety and well?bein g, for reasons relating to the safely and well?being of members of the university community, or to prevent damage or theft of university property. 2. INTERIM SUSPENSION The President of the university, or an university officer authorized by the President, may impose upon a student an immediate interim suspension when, in the judgment of the President, such action appears necessary to deal with a continuing disturbance by a student(s), an interference by a student(s) with any university activity, or with the free movement of any member of the university community. 3. SCOPE OF SUSPENSION Emergency or interim Suspension may be an academic suspension, in which case the student has no right to attend Classes, to take exams, or to receive grades. Suspension may also apply to other student privileges including residing in university Residence Halls, attendance at and participation in university functions, admission to university premises, or any combination of the above, unless the student?s presence or participation is explicitly authorized by the President or the President?s designee. Suspension does not constitute termination of the student's matriculation in the university. 4. DURATION OF SUSPENSION Interim or emergency suspension may remain in effect until the Disciplinary Review Panel has taken action with regard to the student. However, the suspension may be lifted earlier by action of the President or the President?s designee. 5. EXPEDITED HEARING A student suspended under the interim or emergency authority may request an expedited. hearing before the Disciplinary Review Panel. The panel shall schedule a hearing within forty-eight (48) hours of the request or as soon thereafter as possible. C. Sanctions 1.0RAL WARNING . Verbal notification to the student that repetition of the wrongful conduct may be cause for more severe sanctions, and a clear instruction to desist. 2. WARNING Written notification to the student that continuation or repetition of the wrongful conduct may be cause for more severe disciplinary actiori within the period of time stated. A copy of the written warning letter will be placed in the student?s ?le. 3. PIN ES Sum to be paid by the student to the university or another speci?ed body. Failure to do so will result in the withholding of a student's transcript and/ or denial of either graduation or continued enrollment at the university. 4. . Reimbursement for damage or loss to either university or individual preperly. Failure to do so will result in the withholding of astudent's transcript and or denial of either graduation or continued enrollment at the university. 5. COMMUNITY WORK Assignment of a Specific number of hours of community service work to be accornplished in a specific time. 6. DISCIPLINARY PROBATION Written noti?cation to the student that he/ she is in official jeopardy. A further violation of the Slitdenl Code ofConducf while on disciplinary probation may result in suspension or expulsion. 7. RESTRICTION Denial of the use of certain university facilities or the right to participate in certain activities or privileges for a specified period of time. 8. TERMINATION OF HOUSING PRIVILEGE Withdrawal of the opportunity and ability to reside in a university?owned or ?0perated Residence Hall. All residents should be aware that, as outlined in the Housing Contract and License Agreement, any student dismissed from the Residence Halls for disciplinary reasons is not entitled to a refund of his her housing charges, including the deposit. 9. SUSPENSION Exclusion from class, exams, and all functions of the university for a stated period of time. Suspension may require petition for readmission. i 10. EXPU LSION Dismissal from the university. The student may not attend classes or take any examinations and must vacate university property by the effective date of expulsion. Rea dmission will not be considered. 111. Initiation of Disciplinary Proceedings A. Complaint Procedure AN INCIDENT REPORT An incident report is a detailed, written description of an alleged violation. Any member of die university community may report an alleged violation of the indent Code of Conduct in writing to the Office of SRR. Complaints must be filed within sixty (60) days of the incident that precipitated the complaint. Incident report forms are available from the Office of SRR and from the Office of University Housing. 2. PRELIMINARY REVIEW OF COMPLAINT Upon receipt of the written incident report, the Office of SRR is authorized to conduct a preliminary review of die coniplaint by questioning persons thought to have knowledge of the particular incident, including the alleged violator. If a person alleged to have violated the University Student Code of Conduct is quesliOnect, he/ she must be informed that he/ she is being investigated and of the nature of the related incident. 3. NOTIFICATION OF COMPLAINT If the Office of SRR finds that there is sufficient information or basis to support the complaint, the alleged violator will be notified of the complaint in writing (by mail, certified mail, hand-delivered or email). 4. DISMISSAL OF A COMPLAINT If the Office of SRR finds insufficient information or basis to support the complaint, the Office is authorized to dismiss the complaint. The Office of SRR decision to dismiss a complaint is final. B. Review of Complaints 1. DISCIPLINARY REVIEW MEETING After the student has been given notice of the complaint, the Of?ce of SRR may hold a disciplinary review meeting with the student alleged to have violated the Student Code of Conduct and the person submitting the incident report, if necessary, to determine all the facts surrounding the incident. The Office of SRR will meet with all parties on a one-on?one basis. 2. LEVEL I REVIEW If in the judgment of the Office of SRR the nature of the alleged violation is unlikely to result in the suspension or expulsion of the student from the university, the Office is authorized to review the matter. The procedures to be used in reviewing the matter will be determined by the Office of The alleged violator will be given reasonable opportumty to comply with the process. Where appropriate, the Office of SRR may offer the parties to an incident the opportunity to resolve the matter thrOugh mediation. If mediation fails to yield a favorable resolution, the Office reserves the right to proceed in a more formal manner. 3. REVIEW If in the judgment of the Office of SRR, the nature of the alleged violation is likely to result in the suspension or expulsion of the student from the university, the Office will forward the matter to the Office of the Senior Vice President for Student Services for review. The 'Office of SRR, at its discretion, may also refer matters to the Office of the Senior Vice President for Student Services. This may not necessarily result in suspension or expulsion from the university if the Office believes it would be in the best interest of all concerned to do so. The Senior Vice President or his her designee will review the complaint to determine whether or not emergency or interim suspension is appropriate or necessary. If it is determined that either emergency or interim suspension is? appropriate or necessary, the process outlined in Section 11.3 will be followed. If it is determined that either emergency or interim suspension is not appropriate or necessary, the Senior Vice President or his/ her designee will notify the alleged violator of the date, time, and place of the disciplinary review by a Disciplinary Review Panel. The procedures to be used in reviewing the matter will be determined by the Disciplinary Review Panel. The alleged violator will be given reasonable opportunity to comply with the process. The alleged violator may waive the disciplinary review by the Disciplinary Review Panel, in which case the Senior Vice President or his her designee will review the complaint and make a determination of responsibility, if appropriate. If the matter is referred to a Disciplinary Review Panel for its review, the Panel shall meet and review the complaint. The Panel will make a recommendation which will be sent to the Senior Vice President or his her designee for his her consideration. "Fhe Senior ice President or his her designee will review the recommendation of the Disciplinary Review Panel, and make a determination of responsibility, if appropriate. 4. Failure to respond and or participate in either a Level I or LeVel it Review will result in a decision being made in the student?s absence. 5. Students may not be represented by attorneys in either a Level I or Level II Review. 6. The Disciplinary Review Panel will consist of five (5) members of the university community to be selected by the Senior Vice President for Student Services or his her designee in consultation with the Deans of the various academic divisions. IV. Appeal Process A. Timing for Appeals 1. Once review proceedings are completed and a sanction imposed, the sanctioned student has the right to appeal on the grounds listed in section IV. B. 2. Appeals must be filed in writing to the Senior Vice President for Student Services or his/ her designee within ten (10) school days of receipt of a decision. Sanctions imposed will remain in effect pending appeal. 3. The appeal shall specify the basis of the reasons for appeal. 4. Failure to file a timely written appeal shall constitute a waiver of any right to appeal. B. Grounds for Appeal 1. A decision may be appealed if it can be clearly and specifically demonstrated that sufficient grounds exists to show that the sanctioned student was denied a fair review. 2. Sanctions may be appealed only when it can be speci?cally demonstrated that there is a flagrant discrepancy between the infraction and the imposed sanctions. 3. Sanctions may be appealed if they cause undue hardship on the student?s ability to continue or pursue his/ her course of study and/ or stay in school. C. General Provisions 1. Students are responsible for strict adherence to all deadlines and procedures for the filing of appeals. 2. No new information shall be considered on an appeal. 3. Documents filed in an appeal shall constitute a part of the record. 4. All documents rela ting to the proceedings from which the student is appealing shall be available to the Senior Vice President for Student Services or his her designee. D. Review of Appeals 1. The Senior Vice President for Student Services or his her designee shall be re5ponsible for reviewing all appeals. 2. The procedures to be used in reviewing an appeal and for providing notification of the decision will be determined by the Vice President for Student Affairs, or designee. The student filing the appeal will be given reasonable 0pp0rtunity to comply with the process. 3. The decision of the Senior Vice President for Student Services or his her designee is final. V. Student Organizations Student organizations, which are officially recognized by the university, shall be prohibited from engaging in, or an thorizing its members to engage in, any actions which are considered violations of the Stu dent Code of Conduct. A. Procedures 1. The Office of Student Rights and Responsibilities is authorized to investigate complaints against student organizations and, if necessary, charge the organization for viola lion of the Student Code of Conduct. 2. Charges will be served on the principal of?cer of the organization. The organization must respond in writing within five (5) school days of receipt of the notice. 3. The charged organization may request an extension in the response period. Such a request must be in writing and must be received by the Office of SRR within five (5) school days of the receipt of the notice. The length of the extension will be determined by the Of?ce of SRR. 4. Failure to submit a timely response will constitute an admission of the allegations stated in the notice and may result in the imposition of Sanctions. 5. The Office of SRR may suspend the activities of the charged organization pending the review of the complaint. 6. The Office of SRR will review the charges and response from the charged organization to determine whether or not the organization violated the Student Code of Conduct. Where ithas been found that the organization violated the Student Code of Conduct, the Office will determine the appropriate sanction. B. Sanctions 1. Any student organization found in violation of the Student Code of Conduct shall be subject to revocation of their charter to operate. The Office of SRR may impose a lesser sanction as deemed appropriate. 2. Disciplinary sanction of a student organization will not preclude disciplinary action for an individual student if he she is specifically charged in the same incident. Charges against individual students will be adjudicated under the process as outlined in Section C. Appeals The Senior Vice President for Student Services or his her designee shall hear appeals for the decisions made regarding student organizations using the procedures described in Section Residence Hall Policies De?nitions: As used in this document, and the University Code of Conduct, the term Residence Hall? means any building, room, facility, or premises owned and/or operated by university for use as a dormitory, whether by lease or by contract, to students enrolled at the m-nversity. A ?resident? means any student, whether undergraduate or graduate, occupying a space in a Residence Hall. All residents are to abide by the following policies as well as the policies listed in the University Code of Conduct. 1. Substance Usage a. Alcohol Policies: Use, possession, or distribution of alcoholic beverages, except when authorized by the Office of the Assistant Vice President for Student Affairs for a particular function, on university owned or controlled property or at uruversity-sponsored functions is prohibited. Furthermore, the sale, distribution, or procurement of alcoholic beverages for anyone who is under the age of 21; the use of false identification to procure alcohol; and the possession on campus of any type of paraphernalia associated with the consumption of alcohol is expressly prohibited. Alcohol possession and use is prohibited in the Residence Halls by those students under the age of 21 and in dry residences as outlined in the Residence Hall Handbook. This pertains to empty bottles used for decoration, academic projects, or other purposes. b. Drugs/Illegal Substances: Use or possession of narcotics or dangerous drugs or of any illegal or controlled substances, except as expressly permitted by law, on university owned or controlled property or at university sponsored functions. Furthermore, students are prohibited from the on-campus possession of any type of paraphernalia associated with the use of drugs scales, bongs, pipes, etc). 2. Theft or Damage to Property a. Air Conditioners: Residents shall not install air conditioners in any Residence Hall. b. Furniture: No person may take, steal, burn, destroy, deface, or otherwise damage property not his/ her own. No person shall deny another resident the use of any furnishings, property, or areas intended for the benefit of all resident students. Each Resident must keep all university furniture and personal possessions in the room or Suite. No furniture shall be removed from common areas. No furniture taken off the street may be brought into Ilie residence halls. Bringing in any furniture after the designated move-in dates is subject to prior approval of the Residence Hall Director or Area Coordinator. c. Walls: No person shall tape or nail items to walls. Pictures 01' other items should be attached to the walls by means of masking tape. Hooks or thumbtacks should be used sparingly. 3. Community Conduct a. Noise and Quiet Hour Policy: All Residents must observe quiet hour restrictions. The quiet hour restrictions are posted in the residence halls. It is the Resident?s responsibility to familiarize him/ herself with the hours. If a Resident cannot find the posted hours, 5 he should Contact the Residence Hall Director or Area Coordinator for the information. During quiet hours, conversation may not take place in hallways. At all other times, Residents should use commOn Sense and are required to respond to requests from the Of?ce of Student Housing 8: Residence Life staff. - b. Storage: Each Resident must keep all possessions in their room or suite. No storage space is available in which to place trunks, suitcases, boxes, or furniture in any Residence Hall. Residents may not store any item, including bicycles and room furniture, in hallways, stairwells, or other common space. The university does not provide storage space. c. Telephones: The placing of annoying or harassing telephone calls, emails, rewiring, or placing attachments, or attaching unauthorized devices on a telephone is prohibited. Private telephones may be installed in student rooms. All charges connected with private telephones including installation, bills, and relocation connection charges are the financial reSponsibility of the resident. The university Will not become involved in mediating disputes between students involving private telephone charges and other related issues. d. Roommate conflict: As noted in our Roommate conflict Mediation PIOCedures Roommate conflict, in a Roommate conflict situation where Housing Staff feels the con?ict is irreconcilable or violence is a possibility, all Roommates or Suitemates involved could be relocated immediately. 4. Safety Precautions: a. Unauthorized access: No person shall enter or assist others in entering any area not intended for the use of Residents. b. Safety of Others: No person shall create conditions that endanger or threaten others or their property, or create a health hazard or nuisance. c. Spray Paint: Spray paint and fixatives may be stored and used only in the studio spaces or designated spray room. d. Waterbeds: Waterbeds are prohibited in the Residence Halls. 5. Guest Policy a. Guest Registration: In Residence Halls with front desk service, Residents are required to register each guest at the front desk. Residents may only have three guests signed into a Residence Hall under their name at any one time. Each guest must sign in and leave a photo identification card with the staff at the front desk. Parents, guardians, and other relatives are considered guests. The identification card will be returned when the guests signs out. Guests who cannot provide identifica tion will not be allowed to enter the Residence Hall. A Resident who expects a guest under the age of sixteen years should contact the Residence Hall Director or Area Coordinator at least one week in advance. The Resident should not assume that approval will be granted. Security staff assigned to the Residence Halls are responsible for enforcing the guest policies, and for checking identification cards. Any attempt to argue, intimidate, or harass a security staff person will result in disciplinary action. b. Overnight Guests: An overnight guest is permitted only with consent of each roommate and or suitemate. in the event of a dispute, the Residence Hall Director or Area Coordinator has the sole discretion in deciding if a guest can stay. The decision of the Residence Hall Director or Area Coordinator is binding and final. A Resident may have overnight guests for a maximum of three nighm in a seven?day period. Overnight guests are required to sign the registration log each time he or she enters or exits the building. A Resident who wishes to have a guest for an extended period of time must make a written request to the Residence Hall Director or Area Coordinator at least one week in advance. The Resident should not assume that approval would be granted. There will be no more than two overnight guests permitted, per room, at any time. c. Resident Re5ponsibil-ity: The Resident host, while in the Residence Hall, must always accompany his/ her guest(s). A Resident host assumes responsibility for any policy infractions committed by his/ her guest(s). Residents are prohibited from signing in an individual as a guest if they do not know them. Residents are also prohibited from signing in an individual as a guest On behalf of another Resident. d. Loss of Guest Privileges: A Resident who abuses the guest policy may have his/ her guest privileges suspended or revoked. A Resident may also lose guest privileges if a guest becomes disruptive or neglects to follow policy and procedure. Constraints may be placed upon the number of daytime or evening gues ls a Resident or Residents of the same suite may have simultaneously. 6. Smoking a. Loeb Hall: Due to Student Health Services being located in Loeb Hall, and the nature of the their work, which makes maintaining a clean and healthy environment for students seeking their services of the utmost importance, the University has decided to prohibit smoking anywhere on Loeb Hall property. Specifically; b. Backyard: Smoking is prohibited in the backyard, also known as the "Moondeck", of Loeb l-lall. c. Courtyard: Smoking is prohibited in the front courtyard of Loeb Hall, this includes all New School property in front of the building, which is everything between the sidewalk and doors/ walls of Loeb Hall. (1. Inside Residence Halls: As noted in the University Code of Conduct, ?smoking cigarettes, cigars, etc. is prohibited in all university buildings." This includes inside all of our residence halls. Residence Hall Community Management For any community to function smoothly, its members must follow certain standards of behavior, TheSe standards are often defined by rules and regulations. A community depends on the cooperation, good judgment and considerate behavior of all of its residents. One's status as a residentis a privilege subject to certain expectations. Students are required to respect the rights of all residents to privacy, space, cleanliness and quiet hours for sleep, study and health. The need to monitor student behavior arises from misconduct that adversely affects the residence hall community. In cases of violation of residence hall policies and regulations, a resident found responsible for a violation may be subject to various sanctions. Residence hall discipline procedures are not a substitute for any civil or criminal proceedings. All residents are subject to local, state and federal laws. Fire Safety Guidelines Fire Alann Evacuation Policy Residents and their guests must comply with all posted evacuation guidelines and or comply with all staff instructions and building specific procedures. Fire safety drills and information sessions will be held in each residence hall at the start of each term. When instructed to do so, any resident who fails to evacuate or interferes with the orderly evacuation of a residence hall will be subject to disciplinary action. Residents will be held accountable for the actions of their guests. I Know where all the building exits are. I Take fire alarms seriously. Do not ignore fire alarms. I When evacuation is called for by staff or building procedure and you hear the fire alarm see the alarm lights flashing, you should leave your room and proceed to the nearest stairwell exit. I if the fire situation does not allow you to leave your room, you should follow the Life Safety Survival Skills (see below). I Do not worry about your personal belongings. I Knock on doors when exiting. Yell when exiting. . I Do not use elevators (use the stairwells) and do not run, evacuate in an orderly manner. Once outside, Housing staff will direct you to an evacuation location {usually across the street). I When you reach that location, you should assemble with other members of your floor. An RA will complete a head count as quickly as possible. . I You may not re~enter the building until directed to do so by a member of the Housing staff. William Street: The William Street Residence Hall is designed so that in the event of a fire, the fire will be contained within the floor from which it originates. When a ?re alarm is activated, only the floor on which the alarm originated and the floor above that Floor will hear the fire alarm. Residents on these floors should proceed to the nearest exit and evacuate the building immediately. A full building evacuation, however, is not necessary. Residents of other floors may hear the alarm but should stay in their suites to await further instructions from the NYFD and Housing staff. 23rd Street: It the smoke or C02 detector goes off in your apartment, follow instructions below and notify the doorman of your building and if necessary call New School security at 212.229.5165. Always call 911 in any emergency situation. Life Safety Survival Skills If you spot a fire and the fire alarm system is not already sounding or ?ashing, activate the nearest fire alarm. 1* Feel the top of the door with the back of your hand for heatand/ or look through the peephole. If not hot, open the door slowly and look into the hallway below the level of the doorknob. This allows you to not breathe in any smoke that may be present. 0 Exityour room and take your room/ suite key with you. Do not waste time trying to grab valuables. If smoke and heat are present, crawl low to the ground to the exit stairwell and evacuate the building. 0 Do not use the elevators to evacuate the building Proceed to the nearest stailwell. If you encounter heavy smoke 1n the building, use another exit. if all exits a1e blocked, go back to your room and follow the steps below. - It you do feel heat at the top of your door, feel the doorknob (if it?s hot, do not open the door!) 0 Stuff wet towels and clothing under door and use duct tape to seal around the d001 0 Call 911 and give them the exact location of the building, your ?oor, and your room suite, as well as the number of people in your room su1te 0 Wave a white flag 0r clothing out the window to signal attention. 0 ll smoke comes in to your room, open windows 6 inches at the top and the bottorn and breathe air from the bottom of the window. Break glass only as a last resort, as this may let in fire and smoke. . Listen for and fol low any instructions from Fire Safety personnel. How You Can Help Prevent Fires Report undercharged fire extinguishers and non-functioning smoke detectors to building staff immediately. Do not overload electrical outlets. Use only UL-listed power strips and appliances. Keep your room suite, particularly the kitchen, clean and free from refuse. When cooking, you should never leave food Lmattended. .Keep your room suite door closed while cooking. Do not open the hallway door to let out any smoke, this can set off the entire build ing's fire alarm and cause an evacuation (Open a window instead). The New School is a smoke-free community. Smoking is not allowed in any room, suite, apartment, stairwells, lounges, hallways, or other common areas. Prohibited Items or fire safety precautions, the following items are not allowed in the residence halls: Open?element cooking device or equipment, including but not limited to hot plates, coils, George Foreman?type grills, and space heaters Any cooking appliance that doesn't have an auto?shutoff or timer function Candles or incense - Halogen lamps Flammable 01 combustible materials like turpentine, paint remover, lighter fluid, gasoline, propane, natural gas, ke1osene, motor oil, etc. I Any gasoline powered vehicle or device If anv of these items are found 111 the residence halls, they will be confiscated by Housing staff and returned to the student when they checkout Additionally, students found or possession of these items will be subject to disciplina1y action. Fire Safety Equipment Tampering with fire safety equipment endangers the safety and well being of every member of the residence hall community. Anyone found tampering with fire safety equipment will be subject to immediate disciplinary actions which may include expulsions from the residence halls. Fire safety equipment includes; exit signage, fire doors, emergency lighting, fire extinguishers, pull stations, smoke/ heat detectors, fire bells, alarms, horns, and gangs, and emergency key boxes. Residents may not disable, remove or otherwise tamper with room suite smoke or carbon monoxide detectors. Any person (5) found to have tampered with smoke carbon monoxide detectors will face disciplinary action through the Office of Student Rights and Responsibilities. A second offense can result in removal form the residence halls. In situations where the specific individualfs) who tampered with the detector cannot be determined, all occupants of the affected room or suite will be subject to an individual fine. Subsequent violations may result in additional disciplinary action including, but not limited to, relocation or removal from the residence halls. Residents will be held accountable for the actions of any guest found to have tampered with any fire safety equipment. Room Assignment Policies Terms and Conditions of Occupancy Any offer for a space in a New School residence hall is considered bindingonly when a completed and signed housing contract is returned by the designated date. A student agrees to the terms and conditions for residence hall occupancy upon accepting residence. A student must be matriculated in a degree or certificate program to remain in housing. A resident may reside in the residence halls throughout the contract period. The residence halls remain open during holiday periods, semester breaks, and designated intercessions {please note that guest policies are modified during these breaks). Students must checkout on the designated checkout date as outlined in the Housing Contract and as designated by the Office of Student Housing 8: Residence Life. Requests for extensions must be made in advance and in writing. Such requests are handled on a case?by?case basis. The Office of Student Housing Residence Life reserves the right to cancel a housing contract if the resident fails to follow the policies or procedures of the residence hall, the Office of Student Housing 8: Residence Life, The New School Student Code of Conduct, or any other policy or procedure outlined by The New School. Any resident who fails to pay any fees or violates regulations outlined within this Handbook shall be subject to dismissal from the residence hall. Students who are dismissed are not entitled to any refund of housing payments or deposits. Room Change Policies Room changes must be requested through the Office of Student I-IOusing 8: Residence Life by filling out the appropriate paperwork. An application for a room Change may not necessarily result in a room change, because space is limited. Room change requests are usually not honored for reasons of convenience or preference of room mate. Should problems arise between roommates/suitem ates, RAs are available to help with mediation. Any occurrences of verbal or physical intimidation with the intention of forcing a roommate to move or creating an atmosphere of discomfort for a new resident will not be tolerated. Such behavior will result in disciplinary action. If a room change request is approved, the resident must: Arrange to formally check-out of the old roorn/ building and check-in to the new room building. Move within the period designated by the RI-ID AC, or forfeit their approved room change. Complete the Room Condition Report (RCR) for both their old and new rooms. Exchange the key(s) to their old room for their new room. All moves must be completed within 24 hours. 53195959!? These procedures remain the same for a change within a building or for a change to a different building. Please note that students cannot swap rooms without permission from the AC. Moving into a space that is not assigned to the student, is strictly prohibited. Vacancy Management and Consolidation Should one roommate leave any time during the academic year, the remaining roommate(s) should be prepared to receive a new roommate at any time. The vacant space within the room should always be clear of all possessions. The Office of Student Housing Residence Life has the right to mOVe any such possessions that may be blocking a new roommate's assigned space. Residents who fail to keep a vacant Space free of their possessions will be subject to disciplinary action and will be charged for any costs involved in having these items moved. Should the occupancy rate of your room or suite fall to 50% or less at any point during the academic year, the Office of Student Housing Residence Life may reassign and move the remaining residents into vacant spaces in other rooms suites, in order to free up the room suite for the best allocation of space. Noti?cation of New Roommate Although the Office of Student Housing Residence Life is not required to give notice before the arrival of a new roommate, every effort will be made to do so. However, resident students should be aware that situations often do not allow for this type of advance notice. All vacant spaces must be cleared of possessions and ready to receive a new r00mmate(s) at any time. Room Selection for the Next Academic Year: Each Spring, the Office of Student Housing 8: Residence Life conducts Housing Selection to give returning students the opportunily to select a room for themselves or with a group of friends for the following academic year, within a variety of living arrangements to suit individual preferences and budgets. Housing Selection information packets and application forms are made available in early March. Floors plans for all residence facili'lies are available for viewing at housing. During Housing Selection Nights, y0u (and your group, if applicable) will be able to pick a specific room or suite to live in for the next academic year. You be able to know exactly where your room or suite is located in relation to other spaces in the residence hall and have a sense of the approximate size and shape. Summer Housing One or two residence halls are typically designated for summer housing for New School students. The minimum stay is a two~week (13 nights) period unless otherwise approved by the Assistant Director for Summer Programs and Housing Services. Students who lived in the residence halls for Spring 2007 may receive a discounted summer housing rate. Applications for Summer Housing will be available from the Office of Student Housing ti: Residence Life and at housing in Match. For more information, email summerhousing@newschool.edu. Appendix HOUSING CONTRACT 8L LICENSE AGREEMENT 2010?1 I ACADEMIC YEAR Your submission of and signature on this Housing Application constitutes your agreement to and acceptance of all of the terms and conditions of this Housing Contract 8: License Agreement. Definitions: As used in this document, the term "Residence," "Apartment," or ?Housing" means any building, room, facility, or premises owned and/ or operated by The New School (?University") for use as a dormitory by students enrolled at the University. ?Resident? means any student, whether undergraduate or graduate, occupying a space in a Residence or Apartment. 1. CONTRACT AND LICENSING PERIOD THIS HOUSING CONTRACT 8: LICENSE AGREEMENT 18 FOR THE FULL ACADEMIC YEAR. By accepting Housing or by signing an Agreement for Housing, the Resident agrees to pay for the full Agreement period beginning on the check-in date and ending on the checkout date. (See Schedule of Housing Fees} A single semester Agreement is only given to a student who contracts Housing for the Spring semester only, or who is a January degree candidate, or who is a participant in the University exchange or mobility programs. 2. ELIGIBILITY Housing is for any person matriculated full time in a degree or certificate program at the University during the academic year. The Resident must remain a full time matriculated University student in good standing throughout the Contract 8: License period or the University will have the right to terminate this Agreement, in its sole discretion. 3. OCCUPANCY AND USE Use: The Resident agrees that the Residence should at all times be used for dormitory purposes and occupied only by students selected by the University. The Resident shall not permit any other person to use the Residence for any purpose Without prior written consent from the Office of Student Housing. Occupancy: The Resident may occupy the Residence throughout the Contract License period. All New School Residences remain open during the academic year, including holidays, semester breaks, and intersession. Check-in: No Resident will be permitted to check-in to the Residence before the check-in date as designated by the Office of Student Housing for each specific location. Residents are expected to arrive on that day. Spring check?in dates are for single semester contract Residents only. (ii) Check-out: Unless prior written consent is obtained from the Of?ce of Student Housing. no Resident will be permitted to stay in the Residences past the check-out date as designated by the Office of Student Housing. The Resident must follow the policies and procedures set forth in the Residence Handbook or other written guidelines at all times, including when leaving the Residence and the terms of the Handbook are incorporated herein by reference. Non-Transferability of Rights: The Resident may not transfer or assign any rights held under this Agreement to any other person. Any attempt to do so will be null and void. (ii) Where applicable, the Resident?s rights in and to the Residence shall be strictly limited to the Resident?s temporary and limited rights as a licensee of the University. The Resident has only temporary, personal, and unassignable privileges revocable at the will of the University. This Agreement shall not operate to confer upon or vest in the Resident any title, interest, or estate in the Residence or any part thereof. Nothing contained in this Agreement shall be conslrued to, or shall create the relationship of landlord and tenant between the University and the Resident or between the owner of the building (?Owner?) and the Resident. The Resident shall not have any direct or indirect contact with Owner. Any and all complaints and other communications shall be made only to the Office of Student Housing. If the Resident contacts or otherwise has any communications with Owner, including, without limitation, commencing any lawsuit or proceeding against Owner, the University shall have the right to immediately terminate the Agreement and the Resident shall be responsible for all costs and expenses, including attorney?s fees incurred by the UniVersity and or Owner in connection therewith. 4. FEES AND PAYMENTS Deposit: The Resident is required to submit a $250 deposit with the Housing application. NO APPLICATION FOR HOUSING WILL BE ACCEPTED A DEPOSIT. This deposit is in addition to the fees for Housing and will not be applied to such fees. THE DEPOSIT IS NON-REFUNDABLE. Upon successful completion of the terms of the Agreement, the deposit will be applied against any damages. Damages will be assessed according to the policies and procedures set forth in the Residence Handbook. The Resident?s University account will be charged for any damage assessment above $250 and credited for those below $250. Due Date: Fees are to be paid in two (2) installments in the Fa ll semester and Spring semester or may be paid in one lump sum. Due dates for Fall and Spring semester Housing payments are designated by the Bursar in conjunction with its tuition and fees billing cycle. An applicant who fails to pay fees when due risks losing the Housing reservation. A Resident who fails to pay fees when due will be dismissed from the Residence. The remaining fees due will be charged against the Resident?s University account. THE DEPOSIT IS IN ALL CASES. Non-Payment: The following University guidelines regarding non-payment of fees also apply: (1) a Resident with an outstanding balance will not be permitted to register for any class; (ii) the University will not release transcripts, grades, or other records to or for a Resident; a 1 late penalty charge on past due balances will be incurred each semester. 5. CANCELLATION OF AGREEMENT Refund Period: A student who con tracts for Housing in the Fall semester and cancels after the designated check-in date may be eligible for a refund. A new Spring semester resident who contracts for Housing and cancels after the designated Spring semester check?in date may also be eligible for a refund. Refer to the refund schedule posted on the Schedule of Housing Fees. Withdrawal/ Leave of absence: A Resident canceling the Agreement because of withdrawal leave of absence from the University must give the Office of Student Housing an official withdrawal notification from the appropriate divisional of?ce. A Resident is liable for all fees until the Office of Student Housing is notified in writing of a change in status. Academic Reasons: A Resident who is dismissed from the University for academic reasons is subject to the same terms as withdrawal/ leave of absence. Disciplinary Reasons; A Resident whose Housing is terminated for disciplinary reasons receives no refund. A RESIDENT FAILS TO CANCEL PURSUANT TO PARAGRAPH ABOVE, OR WHO DOES NOT OTHERWISE QUALIFY FOR CANCELLATION PURSUANT TO PARAGRAPHS 5(d) WILL BE RESPONSIBLE FOR THE FULL. ANNUAL COST OF TH HOUSING AGREEMENT. Appeal of Cancellation Policy Based on Extenuatiug Circumstances: A Resident may appeal for a waiver of the stipulation in paragraph 5(e) if the Resident can document the existence of extenuating circumstances that would warrant waiver of the cancellation policy. All such appeals should be submitted in writing to the Office of the Assistant Vice President of Student 8: Campus Life no later than December Appeals submitted after this date will not be considered. Only appeals directly from the Resident who signed the Agreement will be accepted. Please note that submission of an appeal and/ or vacating housing does not constitute cancellation of this Agreement. The Resident continues to be bound by the terms and conditions of this Agreement until he/ she has been informed that the appeal has been granted. A decision on the appeal will be communicated to the Resident no later than December A Resident whose appeal is granted will incur a $750.00 penalty and forfeit his/ her deposit. The appeal decision is final. g) Deposit: lN ALL CASES OF CANCELLATION OF THIS AGREEMENT THIS DEPOSIT IS FORFEITED. 6. VACATING PROCEDURES The Resident agrees to vacate the Residence at the date and time set forth by the Office of Student Housing, or within 72 hours of notification if the Resident shall be indefault hereunder, or shall cease to be a matriculated student at the University, or at the will of the University. The Resident shall be responsible for all damages, direct or indirect, resulting from the Resident's obligations under this Agreement in any respect, including, but not limited to, the cost of accommodations for each student that would otherwise occupy the Residence, and all expenses, including legal fees incurred by the University in connection with or as a result of the failure of the Resident to vacate the Residence, or in connection with the removal of the Resident from the Residence. The Resident agrees that the charges resulting from his her failure to vacate the Residence in a timely manner shall be of an amount as the Director of Student Housing shall reasonably determine in his her sole discretion but not less than $1,500 per month. The Resident waives any rights the Resident may have to remain in the Residence beyond such period of time and also agrees, notwithstanding any other provision of this Agreement, that the entire amount of the deposit shall be forfeited and he she shall not be permitted to register, attend classes, obtain transcripts of his her academic records to be recommended to receive a degree or diploma is any provision of thisparagraph shall not be complied with. 7. REGULATIONS The Resident agrees to review and abide by all the policies and regulations of the University and the Office of Student Housing that are, or shall become, effective during the Contract License period. These policies and regulations are included in The New School Student Rights 32: Responsibilities Handbook and other publications distributed by the University. The handbook is available at the OffiCe of Student Housing and at the Office of Student Rights and Responsibilities. If the Resident violates any such policy or regulation, the Resident will be subject to disciplinary action and or termination of this Agreement without refund by the University, in its sole discretion. THE PROVISIONS, TERMS, CONDITIONS, AND PROCEDURES CONTAINED IN THE NEW SCHOOL STUDENT CODE OF CONDUCT AND THE NON-ACADEMIC DISCIPLINARY PROCEDURES ARE INCORPORATED INTO THIS AGREEMENT. 8. CARE AND MAINTENANCE Residents are responsible for the general condition of the room assigned, including damages, defacement and general order. The Resident shall reimburse the University for all damages and expenses which the University may suffer or incm for repair of his her room facilities of the building or for repair or replacement of University provided furniture, caused by the Resid ent?s misconduct or neglect, or by the misconduct or neglect of guests or invitees of the Resident. Unless individually accepted, charges for damages or defacement will be assessed equally against all occupants, regardless of presence at the time of such damages. These charges must be paid Charges for damages or defacement of any public area will be assessed against all Residents. Upon expiration of this Agreement, or upon its termination in accordance with the terms of this Agreement, the Resident shall return the assigned room in the same condition as when it was first occupied. 9. CONDUCT The Resident agrees to conform to the standards of the conduct that are consistent with the educational objectives of the University. These objectives include: respect for the rights of other Residents, especially the right to privacy, Space, and quiet time; (ii) resPecl' for the property of other Residents; and the unacceptability of the use of physical force and abusive or defamatory language. No unlawful or disruptive conduct, including excessive noise, shall be permitted in the room and the facilities of the residence. Any conduct unsuitable for community living, including but not limited to any practice ?int limits a Resident?s equal use and access to room suite hall facilities, shall not be permitted. The Resident shall also be responsible and comply with all policies and procedures as outlined in this Agreement, the Residence Handbook, and any other University publication governing conduct. 10. RIGHTS RESERVED BY THE NEW SCHOOL The University reserves the right: of injunction and the right to invoke any remedy at law or in equity, as if re-entry, summary proceedings and other remedies were not herein provided for, and the selection of one or more remedies shall not preclude the University from any other remedy; to conduct inspections to ensure health, safety, and general welfare of members of the University community, or to maintain the physical seCurity of University properties. Access to Residences by University staff will be generated as the University determines necessary; at any time and for any - reason, in its sole discretion, to change or cancel the Residence assignment. The University reserves the right to terminate this Agreement for violation of its terms and conditions. The University l'eServeS the right at any time to establish or amend any terms, conditions, policies 01' procedures, cancel-hing matters limited to such rules as it deems necessary for the protection of property, safety, health, comfort, and convenience of Residents. 11. LIABILITY The University is not liable for the loss of money or valuables by any person, nor the loss or damage to any Resident?s property. In the event of damage by fire, water, steam or other causes, which rend er an assigned room, unfit for occupancy, the University reserves the right to reassign the Resident to alternate Student Housing. If such alternate housing is not available or if a Resident rejects the offer of such alternate housing, the University may cancel this Agreement. The University shall not be liable for any damage sustained due to such events. 12. INDEMNIFICATION The Resident will indemnify and hold harmless the University against all claims and damages caused by the acts or omissions of the Resident and her his guests. 13. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Residents are subject to all federal, state and local laws. No unlawful conduct shall be carried on or permitted in the rooms or facilities of the Residences. Residents must obey New York State's drinking laws. in New York State individuals must be 21 or older to purchase alcohol and alcohol may not be served to individuals under 21. Individuals under 21 are not permitted to posses, distribute, or consume alcohol in University facilities. Alcohol cannot be consumed in any public area, inside or outside, unless it is part of a function authorized by the Senior Vice President for Student Services. This includes lounges, hallways, stair-wells, lobbies, lawns, and similar public or common areas. 14. MISCELLANEOUS - For leased properties Notwithstanding anything to the contrary contained in this Agreement or the The New School Student Rights 8: Responsibilities Handbook, this Agreement is subject and subordinate to, and the Resident accepls this Agreement subject to all the terms, covenants, provisions, conditions, and agreements contained in the agreement of lease between the University and the Owner of the-building ("Lease"). in the event the Lease expires or is terminated prior to the stated expiration date thereof for any reason whatsoever, this Agreement shall automatically terminate and the Resident shall immediately vacate the Residence as if such date was the date ?xed as the expiration date of this Agreement. The expiration date of this Agreement shall in no event be a date that is later than sixty (60) days prior to the expiration date of the Lease. The University and the Resident agree not to use his/ her right of trial by jury in any action proceeding brought by either against the other for any matter concerning this Agreement or the Residence. The Resident waives any right to bring a counterclaim or set-off in any action or proceeding by the University against the Resident on any matter directly or indirectly related to this Agreement or the Residence. In the event of any inconsistEnCy between the provisions of this Agreement and The New School Student Rights Responsibilities Handbook, the terms and provisions of this Agreement shall prevail. If any provision of this Agreement shall be found to be invalid, the remaining provisions shall continue in full force and effect. The Resident shall be subject to policy changes communicated through official Office of Student Housing announcements. Refund and Cancellation Policies Withdrawals 8L Leaves of Absence from the University Students who withdraw or take a leave of absence may be entitled to the same refund percentage received for tuition. For this schedule, please refer to the Registrar's Web page: admin/ registrar. Academic Dismissals Students who are dismissed from the university for academic reasons may be entitled to the same refund percentage received for tuition. For this schedule, please refer to the Registrar?s Web page: admin/ registrar. Disciplinary Disn?ssals A resident whose housing is terminated for disciplinary reasons receives no refund. All Other Cancellations Petitions to cancel the Housing Contr act 8: License Agreement must be received 1n w1 iting The Office of Student Housing Residence Life reviews all petitions and noti?es students' in riting of decisions. Filing a petition to cancel the Housing Contract (Sr License Agreement does not guarantee cancellation. - Vacating your room does not constitute cancellation of the Housing Contract $1 License Agreement. I The Office of Student Housing 8: Residence Life must receive your petition to cancel the Housing Contract 8: License Agreement by the dates indicated below to receive the appropriate refund, if any. In all cases, cancellations of the Housing Contract License Agreement result in the forfeiture of the $250 deposit regardless of the date of cancellation. FALL 2010 If you submit your petition to cancel housing, and if your petition is approved, the cancellation fees are as follows: Forfeit $250 deposrl ?pi-11?s 25% of your fall semester room rate . Forfeit $250 deposit plus 50% of your fall semester room rate Forfeit $250 deposit, plus 7591,61 your fall senieste1 room 1ate Illesrdent 15 respon51ble for. full annual hOuSLng cost SPRING 201 I (for students new to Housing in the Spring Semester only) if you submit your petition to cancel housing, and if you: petition is approved, the cancellation fees are as follows: Forfeit $250 plus $500 cancellation fee Forfeit $250 deposit plus 25% 0f your 5133' mg semeste1 room rate I - Forfeit $250 deposit Plus 50% Of Your Spring semester room rate Fame? $250 deposit 75% Of Your spring serriester room "are I. Resident' lS respon51ble for full spring sernester housing cost refund and cancellation policies 20101 I Schedule of Housing Fees - Room rates are per person and are for the full 2010-11 academic year. I Please Note: All residences remain open during breaks and holiday periods. - The Housing Contract 8: License Agreement is for the full 2010-11 Academic year. - The non-refundable $250 deposit with your Housing application is in addition to the room rates below. ?I?Oe?b H1311 Single room . . 316, 490 :"Doableroo?i {$13 590 Mandatory 8250 per semester meal plan ESmgle room . . $l6,490 EDb?blex-oom .. $13,590 .. .. ., :?lrlpIe/quadrooln . .. . .. $12900 . Mandatory $1 .760 per semester meal pl'm '1 I. .. 51an room . 25516 .490. . .t gDouble room . $13590 fTriple room .. . .. $12 900 Manclatol} $250 per semester meal plan .. I. {waham s1; 1: ESinglemOm $16 490 Single room with batli . $17 580 fopgh smgle .. . . . ?m Large double room with bath. 5315'Open double 312,560 . ITriple room ?withb'ath . $13,590 .. . . .. . 313, 590 i'Large openw double with bath isin?g'l?fao?x ?316,191} 1 Double room ?313,590 ;T1?iple rooni. . I . 1312,9110. . 1+ Mandatory $250 pel semesler meal plan E'?rudio Double $511,300 Contact Informatwn 636. 6641 ?113 West set-642646111 2651 26466635661"26464142699?? iLoebHaH i .5455135East122'25t1eet 2122991167x1 646.333.5293 6.464140700 Sheet ?64144111661 street :646. 414. 0232 i i ii E6465533i7322 646 414 0211 E2031 Street 59.661465126656266 646 414.6060 646. 633 5343 ?912.255.6152" 2922:2222 3?18 ES 212332223: 3222-2222264 231:1 street 4661666146 22019. 23496-66 646 414 6636 ?Soiifs'tteet 2612.24? Name {Position iinficuew . iRob Lutomski Director oi Studenti-Iousmg 8: Residence Llfe 2122295459 I i Iutomskr I - EAD of Housing Operations E212 229 5459 x3615 smithn :Lenny Zeiget A.D for Residence Life i E212. 229. 5459 x3616 zeigeri Heidi Muhleman AD for 91111111131? Progr'lms HOUblng Serwces 2.12 229. 5459 x3749 muhiemah 3 .:Anna Engelbrecht: :Office Manager :212. 229. 5459 x3611 ,engelbra Lucas Bieriein .. :13th Street RHD 5 ""4646 414. 2671 :bterte'tt fjames Noble fLoebI?tau RIID i 21222911676 ii 'nobiej EKeuy Gailagher Stuyvesant Park RHD i ii 4 :646. 414 6102 ii g?liaghk ?MtchaeI Corbett ?20th sneetRHD i ii 56464146050 corbetim :AIisa Bayes :Wiiliam Su'eetArea c66t6166toi i. 5 :6464140232 i. bayesa For general housing questions, email For questions about summer housing, em ail summerhousing?newschooi.edu For questions about housing assignments, email myhome?newschool.edu For questions about RA selection 8: training, email resiife@newschool.edu i 1 $24 110111 64666 Desk 229.7001 student Support and Crisis Management E212. 229. 5900 x3189 gstudent Health services E212 598. 4796 i {counseling serviees i i i '5 5 229 1651 :I-iezilth Educator i i i i .. 3212 229 5685 44605 :Dlsablht) i I ?a E222 229. 5626 Student RightS&Resp01'lSlb1htles i i Calendar: Important Dates to remember {3?20 Student Check In I. New Grad Student AAs Transfer Student Check In :Retummg Student Check In I semester classes begm :Meve out deadhne for non- Graduating stude?ts (12 noon) ?Graduataon fCIasses and Exams end for the Fall 2010 Semester :Classes and Exams end ?01 the 2011 semester? . ?2 5f; :Move out deadline. for Graduating students?z ?605), . 3 ImPWtanr Datess FALL 2010 Con Vocation llnn?sday, September 2 Holidays Labor Day \Weekend September 4?6 Rosh l-lashanah Yom Kippur Thanksgiving Winter break (Mannes) Winter break SPRING 2011 September 8? and September 9 September 17? and September 18 November 24?28 December Zlmjanuary 7 December 21?January 21 Holidays Martin Luther King, Jr. Day January 17 Presidents? Day (except Marines} February 2] Spring break (Mannes) March 7-13 Spring break March 14?20 Graduation May 20 SUMMER 2011 I-lolidays Independence Day July 4 ?l?leaxe refer to the Academic Calendar and your school?s secrion in this book for other important dates and deadlines. ?No clasxus beginning 4:00 p.111. or later, ll?v?ll?OR?l'AN?l?: New School Alerts is a noti?cation system designed to provide quick and reliable mass communication for students, faculty, and Staff regarding potential 01' actual emergencies. The New School Alerts system will send messages (text and voice) to cell phones, landlines, and email addresses during a crisis or emergency at The New School. The system may be used to alert the New School community about weather?related closings or a dangerous situation on campus. To register or update your contact information, please log into mynewschooledu, click on the New School Alerts tab, and follow the instructions provided. TABLE OF CONTENTS Important Dates (Inside trout cover} Welcome Letter About The New School 2010-2011 Academic Calendar 10 Telephone Directory 12 Academic Divisions 13 The New School for General Studies 15 The New School for Social Research 20 Parsons The New School for Design 23 Mitano The New School for Management and Urban Policy 24 Eugme Lang College The New School for Liberal Arts 27 Marines College The New School for Music 29 The New School for Drama 32 The New School for Jazz and Contemporary Music 34 Academic Resources 34 Student Financial Services 35 Registration and Records 36 Family Educational Rights and Privacy Act 3? Academic Technology 37 Libraries 39 Writing Center and Math Support 39 Bookstore 40 Campus Life 40 University Student Senate 40 Student Houslng and Resldence Life 40 Student Development and Activities 41 Recreation and intramural Sports 42 The Newcard 42 Dining Services 43 Special Events 43 Safety and Security 44 Creating a Sustainable Campus 45 Student Resources 45 Student Rights and Responsibilities 50 Student Health Services 52 Student Support and Crisis Management 52 International Student Services 54 Student Disability Services 54 Career Development 54 intercultural Support 55 Arthur 0. Eve Higher Education Opportunity Program (HEOP) Disclaimer: At the time or publicatiori the university reserves the right to change without notice any matter contained in this catalogue including but not limited to: 55 Student Ombuds tuition. fees. policies, degree programs. 56 New York City Resources Offerings, name of programs. 3 Year Calendar At A Glance {inside back cover} academic requirements, facilities, faculty Campus 39 (back cover} and/or administrators. 2 3 Important Dates* FALL 2010 Convocation Holidays Labor Day Weekend R0511 Hashanah Yom Kippur Thanksgiving Winter break (Mannes) Winter break SPRING 2011 September 2 September 4?6 September and September 9 September 17'? and September 18 November 24?28 December Zl?january 7 December 21~Ianuary 21 Martin Luther King, Jr. Day January 17 Presidents' Day (except Mannes) February 21 Spring break (Manna) March 7?13 Spring break March 14?20 Graduation May 20 SUMMER 2011 Holidays Independence Day July 4 'l?lease roll-r the Academic Calendar and your school?s; section in this book For other important dates and deadlines. ?No classes beginning 4:00 pm. or later. New School Alerts is a noti?cation system designed to provide quick and reliable mass communication for students, faculty, and staff regarding potential or actual emergencies. The New School Alerts system will send messages (text and voice) to cell phones, landlines, and email addresses during a crisis 01' emergency at The New School. The system may be used to alert the New School community about weather-related closings or a dangerous situation on campus. To register or. update your contact information, please log into mynewschooledu, click on the New School Alerts tab, and follow the instructions provided. TABLE OF CONTENTS important Dates {inside front cover) Welcome Letter About The New School 2010-2011 Academic Calendar .10 Telephone Directory 12 Academic Divisions 13 The New School for General Studies 15 The New School for Social Research 20 Parsons The New School for Design 23 Mllano The New School for Management and Urban Policy 24 Eugene Lang College The New School for Liberal Arts 27 Mannes College The New School for Music 29 The New School for Drama 32 The New School for Jazz and Contemporary Music 34 Academic Resources 34 Student Financial Services 35 Registration and Records 36 Famiiy Educational Rights and Privacy Act 37 Academic Technology 37 Libraries 39 Writing Center and Math Support 39 Bookstore 40 Campus Life 40 University Student Senate 40 Student Housing and Residence Life 40 Student Development and Activities 41 Recreation and intramural Sports 42 The Newcard 42 Dining Services 43 Special Events 43 Safety and Security 44 Creating a Sustainable Campus 45 Student Resources 45 Student Rights and Responsibilities 50 Student Health Services 52 Student Support and Crisis Management 52 International Student Services 54 Student Disability Services 54 Career Development 54 Intercultural Support mm:- Disclaimer: Al the time of publication the university reserves the right to change without notice any matter contained in this 55 Arthw 0- Eve Higher Education Opportunity Program (H catalogue including but nor limited to: 55 Student Ombuds turtr?on, fees, policies. degree programs. 56 New York Clty Resources course offerings name of programs. 3 Year Calendar At A Glance {inside back cover} academic requirements, racmtres. faculty Campus Map {back cover) and/or administrators. 2 3 WELCOME LETTER With great pleasure. welcome y0u to The New School. Each of The New School's eight academic divisions brings intellectual and artistic excellence to the university, and the sci-moi in which you are enrolled will both challenge and inspire you. Your peers include artists, designers. musicians, actors, directors. playwrights, dancers, social scientists, writers. educators, and entrepreneurs. This handbook produced by Student Services provides a general overview of the resources and services available at The New School. in addition to university-wide resources. each academic division provides its students with academic and professional support related to its mission. You sh0uld familiarize yourself with all of the available resourcas to make your educational experience here as productive and rewarding as it can be. The handbook also introduces New York City, with informati0n about museums, galleries. book and music stores. as well as helpful New York City websites. The student handbook is also a daily calendar to help you keep track of your personal schedule, and we encourage you to use it regularly. Finally, the handbook is intended to help you become an informed member of the New School community. As in any community. individuals must assume responsibility for knowing the procedures and policies, and towards that end the handbook provides Information on your rights and responsibilities as a student. 4 ABOUT THE NEW SCHOOL New initiatives at the university are underway, and these initiatives could result in changes that affect you. The university will keep you informed of these changes in emails to your student email account and announcements on MyNewSchool.edu the university's web portal. We encourage you to check both. regularly. Have a great year and. once again, welcome to our community! Susan Heske Senior Director of Communications and Special Projects for Student Services x3556 heskes@newschool.ed.u ABOUT THE NEW SCHOOL The New School is a special place for many reaSOns: an illustrious history, groundbreaking research, a celebrated faculty. and above all, a community of diverse. talented students training to become the next generation of leaders. Students broaden their horizons and'loak beyond their region, state, and nation to consider issues of importance to people everywhere. Civic engagement has always been fundamental to the mission of the university, and students and faculty are constantly seeking ways to make a difference both in New York City and abroad. In addition to graduate and undergraduate degree-granting programs, the university offers certi?cate programs and centinuing education courses in art and design, liberal arts and social sciences. management and urban policy, and the performing arts. 5 TOOHOS MEN 2010?2011 ACADEMIC CALENDAR FALL 2010 Registration August 23?27 New students; late registration for continuing students Classes begin Convocation Last day to add a class Last day to drop a class Monday. August 30 Thursday, September 2 Monday, September 13 Monday. September 20 Last day to withdraw from a class with a grade of Undergraduate students Parsons/Memes graduate students Ali other graduate students Holidays Labor Day Rosh Hashanah Yom Kippur Thanksgiving Winter break Online Session A Online Session Online Session Make-ups and reScheduied days Friday. October 15 Friday. October 15 Monday. December 20 Saturday. September 4?Monday. September 6 Wednesday. September 8. evening.* Thursday. September 9 Friday, September 17. evening,* Saturday. September 18 Wednesday. November 24*Sunday, November 28 Tuesday, December 21~Frlday. January 21 (Mannes: Tuesday, December 21?Friday, January 7} August 30?December 20 August 30?October 29 October 11-December 20 On Tuesday. November 23, classes follow the Thursday schedule. Classes that regularly meet on Thursdays will meet on Tuesday. November 23 at the regular times and locations. On Monday, December 20. day classes do not meet and evening classes foilow the Wednesday schedule. No classes that begin at 4:00 pm. or later 6 2010-2011 ACADEMIC CALENDAR SPRING 2011 Registration Classes begin Last clay to add a class Last day to drop a class Continuing students November 1?November 29 New students: late registration for continuing students (dees not apply to Marines} January 18?21 (arranged by program) Monday. January 24 (Mannes: Monday, January 10) Friday. February 4 (Mannes: Monday. January 24) Friday. February 11 (Marines: Monday, January 31) Last day to withdraw from a class with a grade of Marines undergraduate and graduate All other undergraduate students Parson graduate students All other graduate students Holidays M.L. King Day Presidents' Day Spring Break FALL 2011 Registration Junes Classes and exams end Graduation Online Session A Online Session Online Session Friday, February 25 Friday. March 11 Friday. March 11 Monday, May 16 January 17 February 21 (Marines classes will meet) March 14-20 (Mannes: March 7-13) April 4-April 29 (arranged by program) Arranged by program (Mannes: April 11?15} Monday, May 16 Friday. May 20 January 24-May 16 January 24-April 1 March 7~May 16 7 OIWEGVOV SUMMER 2011 CLASSES HOLIDAYS TERM ENDS MILANO THE NEW 7% weeks Monday Monday Wednesday SCHOOL FOR June 6 July 4 July 2? MANAGEMENT AND URBAN POLICY THE NEW SCHOOL 7% weeks Monday Monday Wednesday FOR SOCIAL June 6 July 4 July 27 RESEARCH THE NEW SCHOOL 7% weeks Monday Monday Wednesday FOR GENERAL June 6 July 4 Juiy 2? STUDIES THE NEW SCHOOL 7% weeks Monday Monday Wednesday GRADUATE June 6 July 4 July 27 PROGRAMS Summer Writers 3 weeks Monday Friday Colony June 6 June 24 Summer ESL 10 weeks Monday Monday Thursday June 6 July 4 August 11 Summer MATESOL 8 weeks Monday Monday Friday Intensive June 27 July 4 August 19 THE NEW SCHOOL 7% weeks Monday Monday Wednesday FOR JAZZ AND June 6 July 4 Juiy 27 CONTEMPORARY MUSIC PARSONS THE NEW SCHOOL FOR DESIGN Degree Session 5 weeks Monday Monday Monday May 23 May 30 June 27 Degree Session II 5 weeks Tuesday Monday Tuesday June 28 July 4 August 2 MFA Photo 8 weeks Monday Monday Friday June 13 July 4 August 5 ONLINE 9 Weeks Monday Friday June 5 August 5 8 2010-2011 ACADEMIC CALENDAR IMPORTANT DEADLINES FALL 2010 Tultion Payment Continuing students must pay or make arrangements to pay by August 10; afterthis date there is a late fee of $150. Students admitted for the fall must make fuli payment by August Late Registration Continuing students must register by August 10 for the fall semester: after this date there is a late registration fee of $150. Student Health Insurance Waiver For the 2010-11 academic year, Chime waivers must be SmeItted by September Graduation Petitions The deadline for January 2011 graduation is September 30. Petitions received after that date will incur a late fee: October 1-31, $20; November 1?15, 550. Petitions for January graduation will not be accepted after November 15. Financial Aid Application Priority deadline is November 1 for students applying for ?nanclai ald for spring 2011 who have not yet applied for aid for the 201041 academic year. Student Health Insurance Waiver Appeal Appeals for fall 2010 must be submitted in writing by November 8. SPRING 2011 Tuition Payment Continuing students must pay or make arrangements to pay by January 10: after this date there is a late fee of 5150. Students admitted for the spring semester must pay by January 22 (except new Mannes students. who must pay by January 7). Late Registration Contlnuing students must register by January 10 for the spring semester; after this date there is a late registration fee of $150. Student Health Insurance Waiver Onllne waivers must be submitted by February 20 for students admitted in the spring. Graduation Petitions The deadline to petition for May 2011 graduation is February 14. Petitions received after February 14 will incur a late fee: February 15?March 14. $20; March 15?30. $50. Petitions will not be accepted after March 30. Financial Aid Application Priority deadline is March 1 for students applying for ?nancial aid for the 2011-12 academic year. Student Health Insurance Waiver Appeal Appeals for spring 2011 must he submitted in writing by April 3. 9 TELEPHONE DIRECTORY This directory provides telephone numbers for of?ces and programs most frequently accessed by students. For a complete listing of telephone numbers, see the university website. Your school?s section of this handbook may also have a more complete listing of departments and programs. All telephone numbers are area code 212 unless otherwise noted. STUDENT SERVICES Career Development 229.1324 Food Service/Meal Plans 229.5323 x4472 Health Education 229.1671 x2855 HEOP 229.8996 Intercultural Support 229.8996 International Student Services 229.5592 lntemational Student Services (Mamas) 580.0210 x4844 Marines Of?ce of Registration and Records 580.0210 x4834 Registration and Records 229.5620 Student Development and Activities 229.5687 Student Disability Services 229.5626 Student Financial Services 229.8930 Student Health Services 229.1671 Medical Services Counsaiing Services Health Education Student Health Insurance Student Housing 229.5459 Loeb Hall 229.5100 x2821 Stuyvesant Park 646.414.6102 William Street 646.414.0232 13th Street 846.414.2671 20th Street 646.414.6050 10 TELEPHONE DIRECTORY Student Ombuds 229.8996 x3619 Student Rights and Responsibilities 229.5349 Student Support and Crisis Management 229.5600 x3189 LIBRARIES Fogelm an 229.5307 Gimbel 229.8914 Scherman 580.0210 x4803 SECURITY 8:00 arm?6:00 pm. 229.5101 5:00 pan?8:00 a.m. 229.5165 THE NEW SCHOOL ONLINE 229.5880 THE NEW SCHOOL FOR GENERAL STUDIES Admission 229.5630 Bachelor's Program 229.5119 Writing Program 229.5611 Dean 229.5615 International Affairs Program 206.3524 Department of Media Studies and Film 229.8903 Film Studio 229.5899 TESOL Program 229.5372 THE NEW SCHOOL FOR SOCIAL RESEARCH Academic Affairs and Scholarships 229.5712 Admission 229.5710 Anthropology 229.5757 Career Services 229.3790 Dean 229.5777 Economics 229.5717 Historical Studies 229.5376 Liberal Studies 229.2747 Philosophy 229.5707 Political Science 229.5747 229.5727 Sociology 229.5737 EUGENE LANG COLLEGE THE new scuoor. FOR LIBERAL ARTS Internship Program 229.5100 x2262 Admission 229.5665 Advising 229.5100 x2264 Dean 229.5617 PARSONS THE NEW SCHOOL FOR DESIGN Academic Advising 229.5855 Admission 229.8989 Career Services 229.8940 Dean 229.8950 School of Art and Design History and Theory 229.8916 History of Decorative Arts and Design 849.8346 For ADHT Advising, see page 20. School of Art, Media 8: Technology 229.8908 Communication Design, Design 8; Technology. Fine Arts. Graphic Design. illustration. Photography For AMT Advising, see page 20. School of Constructed Environments (505} 229.8955 Architecture. Architectural Design, Interior Design, Lighting Design, Product Design For 300 Advising, see page 21. Schoal of Design Strategies (SOS) 229.8970 Design 8? Management, Environmental Studies, Foundation. Integrated Design For 808 Advising, see page 21. School of Fashion (FSH) 229.8960 Fashion Design, Fashion Marketing AAS, Fashion Studies AAS For FSH Advising. see page 21. MILANO THE NEW SCHOOL FOR MANAGEMENT AND URBAN POLICY Admission 229.5462 Career Development and Placement 229.5400 Dean 229.5400 Professional and Executive Development 229.5400 MANNES COLLEGE THE NEW SCHOOL FOR MUSIC General 580.0210 Admission 580.0210 x4862 Concert Manager 580.0210 x4815 Dean 580.0210 x4848 Extension Division 580.0210 x4802 THE NEW SCHOOL FOR DRAMA Admission 229.5859 x2614 Career Deveiopment x2630 Director x2636 Managing Director x2623 THE NEW SCHOOL FOR JAZZ AND CONTEMPORARY MUSIC Admission 229.5896 x4589 Advising 229.5896 x4575 Executive Director 229.5896 x4580 11 AUOLOBHIG ACADEMIC DIVISIONS In this section. the eight divisions provide information helpful to their respective students, including academic advising and school~ specific policies and precedures. as well as school-speci?c resources and services. You can also refer to individual division websites. Where to Find it at The New School lists resources and services available to all students. For more complete information about any resource or services. refer to the table of contents of this handbook. WHERE TO FIND IT AT THE NEW SCHOOL Accounts and Billing Student Financial Services 72 Fifth Avenue. lower level mvnewschootedu AddreSs Change Registration and Records 72 Fifth Avenue. lower level Mannes: Registrar?s Of?ce. 150 West 85th Street mv.newschooi.egg Counseling Services Student Health Services 135 East 12th Street. 2nd ?oor Computer Labs Arnhold Hall Labs. 55 West 55th Street, ?oors 3. 4. 8. and 9 Mannes: Computer Services. 150 West 85th Street Disabllity Services and Disability Accommodations Student Disability Services 79 Fifth Avenue. 5th ?oor 12 ACADEMIC DIVISIONS Student Email and Webmali Accounts Arnhoid Hall Labs 55 West 55th Street, 3rd ?oor Marines: Computer Services. 150 West 85th Street Financial Aid Student Financial Services 72 Fifth Avenue, lower level munewschooledu Grade Reports and Records Registration and Records 72 Fifth Ave nue. lower level Mannes: Registrar?s Of?ce. 150 West 35th Street Graduation Petitions Registration and Records T2 Fifth Avenue. lower level Marines: Registrar?s Of?ce, 150 West 85th Street my.newschool.edu Health Services and Health Insurance Student Health Services 135 East 12th Street Housing Student Housing, 79 Fifth Avenue. 5th ?oor Immunization Student Health Services 135 East 12th Street International Students International Students Services 79 Fifth Avenue. 5th ?oor Mannes; International Student Advisor. 150 West 85th Street Library Fogelman Library 55 West 13th Street, ground ?oor Gimbel Design Library 2 West 13th Street Mannes: Harry Sherman Library 150 West 85th Street Meal Plans Campus Card Services 66 West 12th Street, room 409 Medical Services Student Health Services 135 East 12th Street MyNewSchoot Accounts Arnhold Hall Labs 55 West 551m Street, 3rd floor Marines: Computer Services. 150 West 85th Street NewCard (university ID cards) Campus Card Services 66 West 12th Street, room 409 payment Plan Student Financial Services 72 Fifth Avenue. lower level Recreation and Sports Recreation and Intramural Sports 79 Fifth Avenue. room 532 Scholarship Appeals Student Financial Services 72 Fifth Avenue. lower level Student Clubs and Organizations Student Development and Activities 55 West 13th Street. ground ?oor Orr-campus Student Employment Student Employment Of?ce 72 Fifth Avenue. lower level Transcript Requests Registration and Records 72 Fifth Avenue. lower level Mannes: Registrar?s Office 150 West 85th Street m1.newschoo .edu Writing and Math Assistance University Writing Center 71 Fifth Avenue. 9th floor THE NEW SCHOOL FOR GENERAL STUDIES Important Dates Friday. October 8, 2010: Deadline for bachelor's/master's applications for spring 2011 Friday, February 25. 2011: Deadline for application for fall 2011 ADMINISTRATIVE OFFICES Office of the Dean 66 West 12th Street. room 310 212.229.551? TBD. Dean Thelma Executive Assistant to the Dean Academic Services 66 West 12th Street, room 301 _2_1_2.229.56_1_5 Celesti Colds Fechter. Associate Dean for Academic Services Chrissy Roden. Assistant Director of Academic Student Services DEGREE PROGRAM OFFICES Bachelor's Program 66 West 12th Street, 9th floor 212.229.5119 Bea Band. Direcmr Michelle Materre. Associate Director Juana Kennedy. Assistant Director Media Studies and Film 2 West 13th Street, 12th floor 242.229.8903 Barry Salmon. Chair Dawnja Burris, Associate Chair Christiane Paul. Director of Graduate Programs Viadan Nikolic. Director of Undergraduate Programs Joseph Grob. Assistant Director of Student Services 13 SNOISIAIO OIWHGVOV Writing Program 66 West 12th Street. 5th floor 212.229.5511 Robert Poiito. Director Jackson Taylor, Associate Director Laura Crook. Associate Director Luis Jaramillo, Associate Chair International Affairs 66 West 12th Street. 6th floor 232.206 .3524 Michael A. Cohen. Director Philip Akre, Assistant Director Mark Johnson, Assistant Director of Practice Fabiola Berdiel. Coordinator. international Field Program MA In Teaching English to Speakers of other Languages (TESOL) 68 Fifth Avenue. mezzanine 212.229.5372 TBD, Chair Caitlin Morgan. Assistant Director Lesley Painter?Farrell, Assistant DirectOr WHERE TO IT AT THE NEW SCHOOL FOR GENERAL STUDIES Add/Drop/Withdraw from class Your degree program of?ce, then Registration Of?ce, 72 Fifth Avenue Appeal of Academic Dismissal Associate dean for Academic Services Divisional Appeals Committee Office of Academic Services Fulbright Advising Associate dean for Academic Services Faculty Adviser Your degree program office Grade Appeals Your program chair. then the associate dean for Academic Services Graduate Foreign Language Audit Assistant director of Academic Student SeanCes 14 ACADEMIC DIVISIONS Graduation Check Your degree program office Honor Societies Of?Ce of Academic Services incompletes Faculty member must sign Request for Incomplete form, which may be picked up in your degree program of?ce. independent Study Your academic advisor. then program director. Secure approvals before registration period. internships Seoure approvals before registration period. Graduate: Your academic advisor, then program director. Undergraduate: Assistant director of Academic Student Services. Late Registration See academic calendar for dates: late fees apply. Leave of Absence/ Return Assistant director of Academic Student Services Marshall and Truman Advising Assistant director of Academic Student Services Study Abroad (Undergraduate) Assistant director of Academic Student Services Taking courses at other institutions Secure approvals before registration period. Graduate: Your academic advisor, then program director. Undergraduate: Assistant director of Academic Student Services. Transfer Credit Evaluation - New students (bachelor's): Admission Office 7'2 Fifth Avenue. 3rd floor Graduate/continuing studEnts: your degree program of?ce Withdrawals Assistant Director of Academic Student Services THE NEW SCHOOL FOR SOCIAL RESEARCH FALL 2010 Examinations File petitiOns with the department student adviser two months in advance of the examination date. (For language examinations, ?ie petithn with your department secretary.) Anthropology Oral Qualifying Examination Economics MS Written Examination Economics Qualifying Examination Written Qualifying ExaminatiOn Philosophy Oral Qualifying Examination Political Science Qualifying Examination Statistics Exemption Examination Sociology MA Written Examination Dissertation Defenses and Oral Examinations Individually arranged November 12?13 November 12?13 October 22 By petition in student advisor's office August 22 TBD October 2 File petitions with the departmental student advisor six weeks in advance of the examination date. Dissertations must be submitted to the Office of Academic Affairs and at least three weeks prior to defense. Last day to take MA and Oral Exams for January graduation Last day to defend dissertation for January graduation Last day revised dissertation Incorporating the committee changes can he delivered to Of?ce of Academic Affairs and Scholarships for January graduation Last day to submit survey of earned doctorate form, UMI permissiOn form, final copy of dissertation. and optional copyright fee for January graduation December 16 November 12 January 13 January 26 15 SNOISIAICI OIWEGVOV SPRING 2011 Examinations File petitions with the department student advisor two months in advance of the examination date. (For language examinatmns, rile petition with your department secretary.) Anthropology MA Written Examination May 13?14 Anthropology Oral Qualifying Examination Individually arranged Economics MS Written Examination April 8-9 Economics Qualifying Examination April 8-9 By petition in student advisor's office Philosophy Oral Qualifying Examination Philosophy Written Qualifying Examination March 4 Political Science Qualifying Examination January 14 Language Examination By request Sociology MA Written Examination February 19 Dissertation Defenses and Oral Examinations File petitions with departmental student advisor six weeks in advance of examination date. Dissertations must be submitted to Office of Academic Affairs and Scholarships at least three weeks prior to defense. Last day to defend dissertation for May graduation April 18 Last day to take MA and Oral Examinations for May graduation May 13 Last day revised dissertation incorporating the committee changes can be delivered to Of?ce of Academic Affairs and Scholarships for May graduation May 17 Last day to submit survey of earned doctorate form, UMI permission form, finai copy of dissertation, and optional copyright fee for May graduation June 27 Examinations Political Science Qualifying Examination TBD Qualifying Examination T80 16 ACADEMIC DIVISIONS is a reliable and easy way for graduate students in The New School for Social Research to learn about imporlant news, deadlines, special events, funding opportunities, and more. Read online at lnterUnIVersity Causartium Nine universities??Columbia University (including Teacher's Coilege}. City University of New York, Fordham University, New York University, The New School, Princeton University. Rutgers University (New Brunswick), and Stony Brook University? participate in a graduatevievel consortium in the arts and sciences. Students in doctoral programs at any participating institution may take selected courses at any other participating institution with appropriate approvals. ADMINISTRATIVE OFFICES Dean's Of?ce 6 East 16th Street. 10th floor 212.229.5777 Michael Schober. Dean Robert Kostrzewa. Associate Dean for Academic Planning and Administrations 212.229.5712 John VanderLippe, Associate Dean of Faculty and Curriculum Ellen Freebcrg, Assistant Dean of Academic Affairs and Curriculum Emily Martin. Director of Faculty Affairs and Research Sonia Sales, Associate Director of Administration Lien Tran, Academic Coordinator David McNamara, Administrative Coordinator Jennifer Apdeiwyhap, Executive Secretary ACADEMIC AFFAIRS 6 East 16th Street, 10th floor 212.229.5712 The of?ce coordinates academic affairs that span departments, assists in promoting an academic community for students through activities and interest groups. provides academic and professional development services, and coordinates all New School for Social Research scholarships, fellowships, assistantships. and other institutional awards. Student petitions regarding transfer credits. change of status, change of departments. extension of time to Complete degree requirements, leave of absence. withdrawal, and grievances are coordinated through the Of?ce of Academic Affairs and Scholarships. Tsuya Yee. Director of Academic Support Beatrice Kraemer. Director of Career Services 212.229.3790 TBD, Senior Office Assistant Catherine Student Advisor Coordinator Melissa Monroe, Graduate Writing CoordinatOr Of?ce of Admission 72 Fifth Avenue, 3rd floor 2122231315710 Robert Mac Donald. Director Hen ry Watkin, Associate Director 17 OIWEIOVOV ACADEMIC DEPARTMENTS AND Anthropology 6 East 16th Street, 9th floor Ann Steier, Chair Student Adviser 212.229.5757 x3016 Economics 6 East 16th Street. 11th ?oor William Milberg, Chair 212.229.5717 Student Adviser Philosophy 6 East 16th Street 10th ?oor Simon Critchiey. Chair Student Adviser 212229.935 x3080 Political Science 6 East 16th Street. 7th from Nancy Fraser. Chair 212.229.5747 Student Adviser 80 Fifth Avenue. 7th ?oor McWeliing Todman, Chair Student Advisers Clinical Coordinator 212.229.5727 x3115 Sociology 6 East 16m Street. 9th fleer Eiko Ikegami, Chair 212.229.5737 Student Adviser Committee on Historical Studies 80 Fifth Avenue. 5th ?oor 02 Frankel, Chair 2;;2295376 Student Adviser ?229.5376 x4926 18 ACADEMIC DIVJSIONS Committee on Liberal Studies 6 East 16th Street, 7th ?oor Jim Miller, Chair 2.123.292.2151 Student Adviser 213.229.2747 163% RESEARCH COMMITTEES, CENTERS, AND OTHER OFFICES Schwartz Center for Economic Policy Analysis 6 East 16th Street. 11th floor Teresa Ghiiarducci, Director 212.229.5901 Committee on the Study of Democracy Andrew Arate, (De-Chair David Plotke. Co-Chair Transreglonal Center for Democratic Studies 80 Fifth Avenue. 5th floor Eizbieta Matynia. Director 212.229.5580 international Center for Migration, Ethnicity, and Citizenship 6 East 16th Street. 9th ?oor Aristide Zolberg. Director 212.229.5i3g Janey Program for Latin American Studies 6 East 16th Street. 9th ?oor 21?2-2?992 New School for Social Research Student Senate and Fee Board gtss@newschooi.edu Canon Magazine canen?ewscnooledu Graduate Faculty Philosophy Journal and Little Room Press 212.223.5735. Constellations Social Research Journal 80 5th Avenue. 5th ?oor 212.229.5776 Arien Mack, Editor Cara Schlesinger, Managing Editor Graduate Writing Center 80 5th Avenue, room 520 Melissa Monroe. Graduate Writing Coordinator admin writingcenter 19 SNOISIAIG OIWECIVOV PARSONS THE NEW SCHOOL FOR DESIGN OFFICE 66 Fifth Avenue, 6th ?oor DEAN OF PARSONS Joel Towers, Dean ACADEMIC AND ADMINISTRATIVE LEADERSHIP Academic Communications: Academic initiatives: Academic Planning: Academic Programs: Administration: Advising: Career Services: Curricular Affairs: Curriculum and Instruction: Diversityr initiative: Full-Time Faculty: International Programs: Part-Time Faculty: Sheila C. Johnson Design Center: Student Affairs: Summer, Pre-Coliege and Continuing Education: Mark Hannah. Director Lisa Grocott, Associate Dean Nadine Bourgeois, Dean Lydia Matthews. Associate Dean Marlene Campbell, Director Juii Parker, Assistant Dean; Joe Hosking, Director Angie Wojak, Director Kelly Grossi, Assistant Dean Lisa DeBcnedittis. Associate Dean Jesse Coordinator 500 Chon, Director Matthew Caballero. Assistant Dean Meredith Muilane, Director Radhika Suoramanlam, DirectoryChief Curator Pam Kiein. Associate Dean Anne Gaines, Director SCHOOL OF ART AND DESIGN HISTORY AND THEORY Hazei Clark, Dean ADHT Program information: Advising: History of Decorative Arts and Design Fashion Studies MA 20 ACADEMIC DIVISIONS A 23 212.229.8916 x4190 SCHOOL OF ART, MEDIA AND TECHNOLOGY Sven Travis, Dean AMT Program information: Advising: Communication Design Design and Technology Fine Arts Graphic Design Illustration Photography Advisinggl??zneyschool?du AclvisingFineArts?newschogLedu SCHOOL OF CONSTRUCTED ENVIRONMENTS William R. Morrish, Dean SCE Program information: Advising: SCE@newschool.edu AdvisingSCE@newschool.edu Architecture, Architectural Design. interior Design. Lighting Design, Product Design SCHOOL OF DESIGN STRATEGIES Miodrag Mitrasinovic. Dean 808 Program information: Advising: Design and Management Environmental Studies Foundation Integrated Design Design Urban Design SCHOOL OF FASHION Simon Collins. Dean Fashion Program information: Advising: Fashion Design BFA Fashion Marketing AAS Fashion Marketing AAS Online Fashion Studies AAS Fashion Design 8: Society MFA CAREER SERVICES AdvisinngC@newschool .eou Advising ransOesign?newSohooLedu SchoolofFashion@newschool.edu AdvisingOniineA FM@newschool.edu AdvisingFashionM FA@newschool.edu 2 West 13th Street. 51h ?oor, room 511, 212.229.8940 parsonsca?erseinewschooleou OFFICE OF ADMISSION 72 Fifth Avenue. 212.229.?9?9 David Norris, Director 21 SNOISIMO OIWEOVOV CATALOG The Parsons Catalog is designed to familiarize you with academic policies and procedures related to your program, Parsons. and The New School. The catalog is intended to help you become an informed member of the academic community. Catalog: Academic integrity and Honesty Penalties. Plagiarism, Guidelines for Written Assignments Academic Responsibility and Expectations of Students Academic Standing and Progress Dean's List Dismissal Noti?cation Dismissal Appeals Readmission Retaking a Course - Advising - Attendance Religious Observance Change of Program - Exits - Leave of Absence. Withdrawal from a Degree Program - Faculty Grades and Grading Grade Appeal Policy Grades of incomplete - Mid-Semester EvaluatiOns - Off-Campus Study Program Requirements - Registration Add, Drop. or Withdrawal Study Abroad/Exchange Programs Transfer Credit I 22 ACADEMIC DIVISIONS THE NEW SCHOOL FOR MANAGEMENT AND URBAN POLICY Consult the university website for information regarding university student services, including Housing, Health Services, Registration and Records, Student Financial Services. Student Activities, International Student Services. and Student Disability Services. All students are responsible for knowing and abiding by university policies and regulations. WRERE TO FIND iT AT MILANO THE NEW SCHOOL FOR MANAGEMENT AND URBAN Administrative Offices 72 Fifth Avenue. 4th ?oor - Deans' of?ces Reception Student Affairs Career Development and Placement Student space Bulletin board for information Faculty Of?ces 72 Fifth Avenue. 5th. 6th, and ?th ?oors Office of Student Affairs 72 Fifth Avenue. 4th ?oor Susan Morris, Associate Dean for Student Affairs Procedures and Forms Add. Drop. or Withdraw from ccurse Request for Grade of incomplete - Request to Repeat 3 Course Independent Study Contract Taking Courses at Other Institutions - Appeal of Academic Dismissal - Core Requirement Waivers Place out exams Grade Appeals Transfer Credit Evaluation - Leaves and Withdrawals - Academic Advising Academic Progress 72 Fifth Avenue. 5th floor Lauretha Slaughter. Director of Academic Support Services Career Advising 72 Fifth Avenue, room 40? Carol Anderson, Director of Career Development and Placement Visit the Milano website regularly for events. faculty. and course information at wmv.newschool.edu 23 SNOISIMCI OIWEIGVOV EUGENE LANG COLLEGE THE NEW SCHOOL FOR LIBERAL ARTS 65 West 11th Street New York. NY 10011 lang HELPFUL INFORMATION FOR LANG STUDENTS Office of the Dean 65 West 11th Street, 3rd ?oor Tel: 212.229.5617 Fax: 212.229.5625 Neil Gordon, Dean gordonn@newschool.edu Eleni Beja, Associate Director of Academic initiatives Ella Turenne. Director of Speciai Projects Doug Wood, Assooiate Dean of Administration and Manning meddegoewschaslsdu Alex Drai?nger, Director of Budget and Administration draifia@newschool.edu Verna de la Mothe, Assistant Director of Administration OFFICE OF THE ASSOCIATE DEAN 55 West 11th Street. 3rd floor Tel: 212.22,th Fax: EJ295625 Kathleen Breidenbaeh. Associate Dean breidenk@newscnool.edu Riva Kadar. Assistant Dean of Academic Planning TBD. Director of Academic and Faculty Resources 24 ACADEMIC DIVISIONS OFFICE OF ADMISSION 72 5th Avenue. 2nd floor Tel: Fax: 212.229.5355; Karen Wiliiams, Director williaka@newschool.edu Eric Sherman, Assistant Director Jazmyne Crunk. Senior AdmissiOn Counseior crunki@newschool.edu Annie Matches. Admission Counseior matche?sateneizssbooledu Katie Barton, AdmiSSion Counseior partonk@newschool.edu Michael Feldman, Admission Counseior [eldmami@newschool.eciu OFFICE OF DEVELOPMENT ALUMNI RELATIONS 79 Fifth Avenue. 1?th ?oor Tel: 212.229.5662 Regan Rhyne. Director rhgner@newschool.egu ACADEMIC PROGRAMS For more information about majors and minors, visit w._n_e_wschool.eduglang. - The Arts (Arts in Context, Visuai Arts, Music. Theater, Dance} Culture and Media Economics Education Studies Environmental Studies - Global Studies - History - Interdisciplinary Science - Liberal Arts 1 Literary Studies (Literature. Writing) Philosophy - Religious Studies Social inquiry - Urban Studies WHERE TO FIND IT AT EUGENE LANG COLLEGE THE NEW SCHOOL FOR LIBERAL ARTS Academic Advising 64 West 11th Street Tei: 212.229.5100 x2264 Fax: 212.979.6561 Freshmen and Sophomores Leah Weich, Associate Director Juniors and Study Abroad Kim Foote, Academic Advisor tosme?me?sc pool-.6. Seniors and Internships Jemima Gedeon, Academic Advisor Special and Visiting Students and Cooper Union Exchange Angela Sanka, Assistant Director sankoa@newschool.edu_ Students Jonathon White, Assistant Dean whitei@newschool.edu Assistance Advising Of?ce 64 West 11th Street Appeals (Grades, Probation, Dismissal) 64 West 11th Street Jonathon White. Assistant Dean Leah Weich. Associate Director Program Advisement 64 West 11th Street Jonathon White, Assistant Dean Program Advisement 64 West 11th Street Jemima Gedeon, Senior Ciass Adviser Civic Engagement Programs Advising Office 64 West 11th Street Cooper Union Exchange 64 West 11th Street Angela Sanka, Assistant Director Dean?s Hoids (Academic) Advising Of?ce 64 West 11th Street Faculty Adviser Assignments 64 West 11th Street Jonathon White. Assistant Dean Fulbright, Marshall, Truman and other scholarships 64 West Street Jonathon White, Assistant Dean Graduation Reviews and Audits 64 West 11m Street Jemima Gedeon. Senior Class Advisor Incomplete Grade Requests (approved by instructor only) General information at Academic Advising 64 West 11th Street Independent Studies 65 West 11th Street. 3rd ?oor Kathleen Breidenbach. Associate Dean internships 64 West 11m Street. room 106 Jemima Gedeon. internship Adviser 64 West 11th Street, room 121 Jeff Feld. internship Coordinator Leave of Absence/ Return from Leave Advising Office 64 West 11th Street 25 SNOISIMG OIWEIGVOV Major Declarations and Requirements (Academics, then Forms and Requirements} Online Courses Probation/At-Risk Students 64 West 11th Street Leah Weich, Associate Director Registration Academic Advising 64 West 11th Street Seminar Peer Advisors Program Prof. Mark Larrimore larrimom@newschooi.edu Student Newspaper (Free Press] 65 West 11th Street. room 458 Study Abroad and Exchanges 64 West 11th Street Kim Foote, Study Abroad Advisor Summer Registration and Approval Academic Advising Office 64 West 11th Street Transfer and AP Credit Evaluations Academic Advising 64 West 11th Street Withdrawals/Transfers from School Academic Advising Oi?ce 64 West 11th Street 26 ACADEMIC DIVISIONS MANNES COLLEGE THE NEW SCHOOL FOR MUSIC 150 West 85th Street New York, NY 10024 Tel: 212.580.0210 Fax: 212.580.1738 newscnooi.edu/mannes Marines bears a name that has made a significant mark on the musical lives of people in America and all over the world. its founders. David and Clara Mannes. were well known in the early 19005 as a violin and piano sonata duo. giving concerts throughout the United States. In the 1916. Mr. and Mrs. Mannes established the David Mannes Music School (later known as the Mannes College of Music) on East 70th Street in Manhattan. In 1989, Names College became a division of The New School. linking its distinguished in music to a university known for its progressive outlook and deep commitment to the arts. Mannes is currently located at 150 West 85th Street on Manhattan?s Upper West Side. one of the most vibrant neighborhoods of New York City near many other major musical and cultural venues. Performance is the main activity of Mannes students. and the training of aspiring professional musicians is the college's mission. Limited enrollments ensure highly personalized instruction and close interaction among students. faculty. and administrators. A remarkably high percentage of the college's alumni are making their lives in musical careers. assuring Mannes? place in the world of exceptional musical institutions. DID YOU KNOW: Mannes has 300 free concerts during the school year. Concert Information: 212.580.0210 x481? HELPFUL INFORMATION FOR MANNES COLLEGE STUDENTS All extensions begin with 212.580.0210 unless otherwise indicated. All addresses are 150 West 85m Street unless otherwise indicated. Dean?s Office Joel Lester, Dean x4848 George Fisher, Associate Dean x4837 Audrey Axinn, Assistant Dean x4836 - Heather Cam panelli. Assistant to the Dean x4801 Registrar?s Of?ce Joan Morgan. Director, Of?ce of Registration and Records x4833 Bonny vosu. Assistant Director. Of?ce of Registration and Records x4830 TBD, Senior Of?ceAssistant x4834 TBD. Room Scheduling Manager x4890 Registration Adviser Marilyn Groves. Registration Advisor x4832 Concert Office Erik Bestmann, Director or Concert Operations x4815 Concert Office Assistants x4816/17 Student Recital Scheduling x4877 Student Services/ international Student Advisor international Student Advisor 212.229.5592 x3630 (Downtown) Billing and Payments Student Financial Services 212.229.8939 27 SNOISIAIG OIWEGVOV Opera Department Joseph Colaneri. Director Cadoff. Administrator 37 West 65th Street. 3rd floor Coordinator of Instrumental Studies Chris Gulhaugen. Director of Instrumental Studies, room 202 x4839 Orchestra Assistant x4835 Coordinator of Vocal Studies Frank Nemhauser, Director of Vocal Studies x4849 Computer Services Joseph Ravo. Computer Consultant x4813 Practice Center Hong Tao Sun, Manager 37 West 65th Street. 3rd ?oor 212.712.1935! Harry Scherman Library Ed Scarcelle, Director 212.229.5307 x3150 Arsinoi Ioannidou, Assistant Director x4827 Andy Toulas. Assistant Director of Public Services x4828 Gregory Briggle r, Circulation Supervisor x4803 Extension Division Office David Tcimpidis, Director x4825 Richard Russell, Assistant Director x4824 So?a Dimitrova. Assistant x4802 Community Services Elizabeth Aaron, Community Outreach x4811 Heather Campanelli. Career Counselor x4801 28 ACADEMIC DIVISIONS THE NEW SCHOOL FOR DRAMA 151 Bank Street New York, NY 10014 Tel: gig?i??ia smashed-spam The New School for Drama offers an intensive three-year graduate program that trains actors. directors. and playwrights. Students who complete the program are awarded the master of ?ne arts degree in Theater. The program is progressive: students begin in the ?rst year with a course of self-discovery, hone technical craftsmanship in the second year, and ?nish in the third year by writing, directing. acting in staged productions, and developing a business plan for the transition from student to professional artist. Academic Responsibility Graduate students of The New School for Drama are expected to take an active role in their own education. All students are responsible for promoting. protecting, and upholding the highest standards of academic integrity and honesty and are required to learn the procedures speci?c to their diSCiplines for correctly and appropriately differentiating original work from quoted, incorporated, or emulated sources. All students are responsmle for keeping track of their progress in courses. Students should familiarize themselves with course requirements by reading syllabl and by attending to oral and written for assignments throughout the semester. Students are responsible for knowing and complying with the attendance policy of each instructor. . If students have questions about course requirements. assignments. examinations, attendance records. progress, or grades. they should ask instructors for clarification. Staying Informed Students receive of?cial notices and other communications primarily through university email at the university's portal, my.newschooi. edu. In addition. students may also receive information in departmental mailboxes, on departmental and common-area bulletin boards, or on the divisional or U?iVersiiy websites. Students should check these locations regularly for information and announcements. Please be aware that dissemination of information by these means constitutes due notice for official purposes. Every matriculated student is assigned a university email address and information on how to activate and access this address; students should contact the University Computing Center at 55 West 13th Street. 3rd floor. Drama expects all students to use their New School email accounts and to check them regularly. Failure to check email regularly could delay the receipt of important, time-sensitive information. 29 SNOISIMG OIWBGVOV Expectations of Students Because students share responsibility for the outcomes of their educational experiences. they should be aware of the following expectations: Students are responsible for maintaining satisfactory educational progress. Students should understand FERPA {Federal Education Rights Protection Act) guidelines. and what is required of them as adult students. Students are responsible for reading all Information that the school provides them regarding school and university policies and procedures. Students should be aware of their degree requirements. - Students should be proactive about using the resources provided by Drama and The New School. WHO WE ARE Director of the Division Robert LuPone The director oversees all disciplines and departments of the MFA program and is responsible for curriculum design, faculty and staff appointments, program development. fundraising, and external affairs. Director of Budget and Robert A. McAlpin x2623 The director of budget and administration oversees the ?nances of Drama. including budgeting and ?scal responsibility. in addition, the director is responsible for all business aspects of the division. as well as management issues and strategic planning. 30 ACADEMIC DIVISIONS Associate Director of the Division Matthew Kelty x2622 The associate director is responsible for all academic issues at Drama. including oversight of faculty and student affairs and curricular development. The associate director works closely with the director and department chairs to design. implement, and review the division's academic planning. Director of Professional Development Robert Hoyt x2630 The director of professional development helps student transition into the next phase of their careers through industry recruitment. career colioquia. workshops. and alumni outreach. The direotor also advises students throughout their three years, providing feedback on resumes and headshots. interviewing, and job search strategies. Production Office Timothy Capalbo, Production Supervisor x2626 Brian Olsen. Assistant Production Supervisor x2627 The production office focuses on the production and technical needs of all performances in Drama's theater spaces. and oversees the management of studio and classroom use for rehearsals and coursework. The production supervisor serves as the liaison to The New School's facilities services. Program Office Linda Kleppinger, Managing Associate to the Director x2625 Emerson Brathwaite. Senior Office Assistant x2621 General Information and Questions x2620 The Program Of?ce staff provides integral support to the senior administration of Drama. The managing associate coordinates the schedule of Drama's director and serves as the administrative liaison to the university regarding Commencement and graduation. The senior office assistant provides clerical and technical support for the associate director and director of budget and administration, and in some instances to faculty and students. WHERE TO FIND IT AT THE NEW SCHOOL FOR Academic Advising Associate Director of the Division 151 Bank Street. room 203-A Add. Drop, or Withdrawal Associate Director of the Division 151 Bank Street, room 203-A Change of Major and/or Degree Associate Director of the Division 151 Bank Street, room 203-A Event Planning (Curricular and Extra-Curricular) Managing Associate to the Dean 151 Bank Street. room 203-0 Director of Admission 151 Bank Street. room 102 Grade Appeals First. your instructor. Then, if necessary. the Associate Director of the Division 151 Bank Street, room 203% Graduation/Commencement Events Managing Associate to the Director 151 Bank Street. room 203-0 Leave of Absence Associate Director of the Division 151 Bank Street. room 203-A Mailboxes and Lockers Senior Office Assistant 151 Bank Street. room 203 Personal Advising Associate Director of the Division 151 Bank Street. room 203-A Rehearsal Space Production Assistant 151 Bank Street. room 204 Withdrawals Associate Director of the Division 151 Bank Street, room 203-A 31 SNOISIMG OIWBOVOV THE NEW SCHOOL FOR JAZZ AND CONTEMPORARY MUSIC newschooiggdu?azz WHO AT THE NEW SCHOOL FOR JAZZ AND CONTEMPORARY MUSIC General information 55 West 13th Street, 5th floor New York. NY 10011 Tel: 212.229.5?96 Fax: 212.229.8936 All extensions begin with 212.229.5896 unless otherwise indicated. Executive Director Martin Mueller x4581 The executive director is responsible for the overall operation of Jazz including faculty appointments, curricular review and development, special projects, external affairs. and fundraising. Director of Administration Pam Sabrin x4583 The director of administration is responsible for the administrative functions of Jazz. The director also oversees budgets and payroll and the general operation of the facility. Office of Academic Affairs Dan Greenblatt, Director x4577 Brenda Barlow, Assistant Director x4590 The Of?ce of Academic Affairs is responsible for the development and implementation of course curriculum, course scheduling. registration advisement, organization of private lesson curriculum (including the coordination of lesson advisement). sophomore juries. and the overall implementation of academic policy. This of?ce is also responsible for coordinating the tutoring and internship programs. 32 ACADEMIC DIVISIONS Admission Office Teri Lucas, Director of Admission x4580 Peter Layton, Senior AdmISSl'on Counselor x4575 The of?ce of admission organizes all aspects of the admission process, including auditions. financial aid. and transfer credits. The of?ce also serves as a liaison between the school and prospective students. Office of Special Programs Alexa Bird50ng, Coordinator x4591 The coordinator of special programs manages all aspects of public programming and professional development for students at Jazz. including planning, marketing, and presenting high pro?le student performances, a faculty concert series, select school appearances, and master classes with prominent guest artists. In addition, the coordinator facilitates the Gig Of?ce. coordinating paid performance opportunities for students. Full-time Studio Faculty Reggie Workman, Coordinator of instruction x4586 Jane Ira Bloom x4576 Full-time studio faculty oversee entrance auditions. sophomore juries. and student placement in improvisation ensembles. They also advise the executive director on the hiring of part? time faculty and on special events. Facility Coordinator Ryan Anseimi x4574 The facility coordinator is responsible for the general physical operation of the facility, and scheduling pertaining to classroom, practice, and rehearsal use equipment and locker Lise. Production and Engineering Chris Hoffman, Coordinator x4578 Oversees scheduling of performance space, recording sessions, concerts, and recitals. WHERE TO FIND lT AT THE NEW SCHOOL FOR JAZZ AND CONTEMPORARY MUSIC Building address is 55 West 13th Street. unless otherwise noted. Academic Advising Rooms 516 and 51? Liberal Studies Classes Academic Advising rooms 516 and 517 Studio Classes Academic Advising rooms 516 and 51? improvisation Ensembles Teri Lucas. room 522 Add, Drop, or Withdrawal Academic Advising rooms 516 and 517 Cafeteria 55 West 13th Street, 4th floor Calendar Academic Advising rooms 516 and 51? change of Malor and/or Degree Academic Advising rooms 515 and 517 Grade Appeals Dan Greenbiatt, room 517 Gig Office Alexa Birdsong, room 509 Graduation Academic Advising rooms 516 and 517 internships Brenda Barlow. room 516 Leave of Absence Academic Advising rooms 516 and 517 Leekers Equipment room. 6th floor Mailboxes Room 510 Mid-Semester Evaluations Academic Advising rooms 516 and 517 Personal Contact information Jazz Of?ce, room 510 Practice Time Equipment room, 6th floor Private Lessons Academic Advising rooms 516 and 517 Registration Academic Advising rooms 516 and 517 Room Schedule Equipment room, 5th floor Scholarship Appeals Student Financial Services 72 Fifth Avenue. lower level Senior Recital Chris Hoffman, room 625 Sophomore Jury Academic Advising rooms 516 and 51? Student Payroll Jazz Of?ce, room 510 Summer School Academic Advising rooms 516 and 517 Transfer Credit Evaluation Teri Lucas. room 622 Tutoring Brenda Barlow, room 516 33 SNOISIAIG OIWEIGVOV ACADEMIC RESOURCES STUDENT FINANCIAL SERVICES Student Financial Services is open year-round to assist students and their families in identifying scholarship and other ?nancing options for educational costs. The office provides information and counseling on financial aid programs available through The New School and the federal and state governments, as well as on various ?nancing optiOns such as external student loans and scholarships, parent loan programs. and a payment plan. The of?ce serves as a resource center for other funding sources and provides employment opportunities on and off campus through the Federal Work-Study Program. The staff is available to assist in completing applications and to explain eligibility criteria for the various programs. Student Financial ServiCes is also responsible for invoicing and collecting of tuition, fees, housing, and other university charges. Invoices for the fall semester will be available online in early July. with a payment due date of August 10. invoices for the spring will be available online in early December with a payment due date of January 10. invoices include approved ?nancial aid awards, which are deducted from the balance due. Students may view their e-bills and current account activity on MyNewSchool (under the Student tab). Late payment will result in a $150.00 late payment fee. Acoepted forms of payment: Payment may be made by Visa, MasterCard. American Express, check (US. funds only). money order, travelers check. cash (in person only), and wire transfer 34 ACADEMIC RESOURCES (wire information on MyNewSchool}. We encourage students to make payment online at MyNewSchool for timely, accurate, and secure posting. Online payment may be made using a checking or savings account, Visa, MasterCard, or American EXpress. Please make checks payable to The New School and include the student's name and New School lD number on the face of the check to ensure accurate posting. By submitting a check, please be aware that you are authorizing The New School to use information on your check to make a one time electronic debit from your account at the ?nancial institution indicated on your check. This electronic debit will be for the amount on the check. Checks for tuition. fees, and housing and meal plans charged to your student account should be mailed to: The New School Attn; Cashiering 72 Fifth Avenue New York. NY 10011 Registration is not complete until payment or payment arrangements have been made. Please refer to your school's bulletin for acceptable payment arrangements. Please note: Payment to the university is the responsibility of the student. Payment is not contingent on receiving grades. receiving passing grades, or completing courses. Students who have questions regarding their student account are encouraged to contact Student Financial Services. Thition and fee schedules are available an the university website. Student Financial Services is also responsible for the delivery of all student loan funds and student refunds. The repayment of the Perkins Loan program is handled by the loan coordinator, and Perkins Loan borrowers will continue to have a relationship with the Student Financial Services Of?ce after graduation until the loan is paid in full. Student Financial Services 72 Fifth Avenue, Lower Level Cashiering: Mon.-Thurs., 10:00 pm. Friday. 10:00 arm-4:45 p.m. Financial Aid Counseling: Mom?Thurs. 10:00 pm. Friday, 10:00 p.m. UNIVERSITY REGISTRAR (Registration, Records) The Registrar's Office registers students for classes; charges tuition and fees: processes course changes; collects. records. and disseminates grades; maintains transcripts and student biographical data; and confers degrees. All students can access their grades, transcripts. address. schedules. and academic information on the Web through MEW- For assistance accessing your MyNewSchool account, write to helpdes??newschootedu Consult either the Registration Information and Procedures booklet published each semester orthe registrar's Web page edugstugentservicesgregistrar) for Registration policies and procedures Registration holds Tuition and fees information Deadlines for adding and dropping courses a University refund schedules and policies Graduation petition and fee information - Requesting academic transcripts - Change of address and phone - Grade information University Registrar?s Office 72 Fifth Avenue, lower level 212.229.5610 Mon?Thurs, 10:00 arm-5:45 pm. Friday, 10:00 p.m. Mannes Office of Records and Registration 150 West 85th Street x4834 Mon.?Fri.. 9:00 pm. and 1:45?5:00 pm. 35 SHOHROSHH SIWSGVOV FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT The Family Educational Rights and Privacy Act of 1974, with which The New School complies, was enacted to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for correction of inaccurate or misleading statements. The New School has established the following student information as public or directory information. which may be disclosed by the institution at its discretion: student name; major ?eld of study; dates of attendance; full- or part-time enrollment status; year level: degrees and awards received. including dean?s list; the most recent previews educational iristitution attended. addresses, phone numbers, photographs. email addresses: and date and place of birth. Students may request that The New School withhold release of their directory information by notifying the Registrar's Office in writing. This notification must be renewed annually at the start of each fall term. The Family Educational Rights and Privacy Act affords students certain rights with respect to their education records. These rights include: The right to inspect and review the student's education records within 45 days of the day the university receives a request for accass. A student should submit to the dean, head of the academic department, or other appropriate official. 3 written reqUest that identifies the recordls} the student wishes to inspect. The university of?cial will make arrangements for access and notify the student of the 35 ACADEMIC RESOURCES time and place where the records may be inapected. if the records are not maintained by the university of?cial to whom the request was submitted. that official shall advise the student of the correct of?cial to whom the request should be addressed. The right to request the amendment of the student's education records that the student believes are inaccurate, misleading. or otherwise in violation of the student's privacy rights under FERPA. A student who wishes to ask the university to amend a record should write to the university of?cial responsible for the record, clearly identify the part of the record the student wants changed. and specify why, in the student's opinion, it should be changed. If the university decides not to amend the record as requested, the university will notify the student in writing of the decision and the student?s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when noti?ed of the right to a hearing. The right to provide written consent before the university discloses personally identifiable information from the student's education records. except to the extent that FERPA authorizes disclosure without consent. The university discloses education records without a student?s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school of?cial is a person employed by the university in an administrative, supervisory. academic or research. or support staff position (including law enforcement unit personnel and health services staff): a person or company with whom the university has contracted as its agent to provide a service instead of university employees or officials (such as an attorney, auditor, or collection agent]: a person serving on the New School Board of Trustees: or a student serving on an official committee, such as a disciplinary or grievance committee. or assisting another school of?cial in performing his or hertasks. A school official has a legitimate educational interest if the of?cial needs to review an education record in order to ful?ll his or her professional responsibilities for the university. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the university to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: Family Policy Compliance Office Department of Education 400 Maryland Avenue, SW Washington, DC 20202-5901 ACADEMIC TECHNOLOGY uLa_t Academic Technology, comprised of an array of online and on-site services, offers technology to the university community with a focus on curricular needs. To see all the labs and services to which you have access. and where to go for support, visit the Help and Access Directory on the Academic Technology website, NetiD Your NetlD username is your key to technology services at The New School. Degree or credit students. use your NetlD to log into the wireless network and open lab computer workstations, print in the labs, make reservations, and upload to your Web space. Look up your NetlD or reset your password at my.ne_iyschool.edu. Online Services MyNewScnool is the university's single sign-on portal. Log in at my.newsohool.edu with your NetiD for customized online services, including: - GroupWise university Webmail ALVIN and self-service (personal records and academic information) My Courses (Blackboard and online learning} Computer and software deals Lab stations and equipment reservations (degree or credit students only} tin-Site Services For frequently-asked questions and tips regarding on-slte services such as lab stations and suites, presentation classrooms, printing, wireless and dormitory networks, speak with lab staff or visit THE NEW SCHOOL libranrnewachootgdg There are three libraries in the university system: The Raymond Fogelman Social Sciences and Humanities Library. the Adam and Sophie Gimbel Art and Design Library. and the Harry Scherman Music Library. Each library offers access to collections that support teaching, learning. and research across the university. In addition to booksjournals, musical scores. and AV materials such as CDs and DVDs. the New School libraries contain a variety of primary research materials and maintain more than 200 electronic databases that provide access to full-textjournal articles and other research resources, as well as bibliographies, catalogs, and indexes for many other print and electronic scholarly publications. 37 SBOUFIOSSH OIWEIGVOV Anna-Maria and Stephen Kellen Archives houses the history of Parsons The New School for Design. All New School Students have access to the archives by appointment. Library-Wide Policies All New School students must have a valid university newcard to borrow books. Failure to return materials by the due date will result in late ?nes. Acts of theft and vandalism are regarded with the utmost seriousness and will also result in fines and/or su5pension of library privileges and other penalties deemed appropriate by the Of?ce of Student Rights and Responsibilities. To learn more about how to use the libraries and library policies, visit library.newschool.edu. Library Events The library sponsors classes and workshops designed to help you improve your library, research, and knowledge management skills. Information about these. which are free to the New School community, is available on the website under library.newschooledugevents. Raymond Fogelman Social Science and Humanities Library Subject social sciences. philosophy. gender studies. history. and literature Arnhold Hall. 55 West 13th Street Circulation/Reserves: 212.229.5SQZ Reference: 2322295303 For hours of operation. visit Adam and Sophie Glmbel Art and Design Library Subject art, design. fashion. decorative arts. and architecture 2 West 13th Street. 2nd floor Cimulation: 212.229.8914 Reference: 38 ACADEMIC RESOURCES For hours of operation. visit Harry Scherman Music Library Subject classical music. performanca and reference scores. and music schoiarship materials 150 West 85th Street For hours of operation. vrsit librarv.newschool.edu/scherman Anna-Maria and Stephen Kellen Archives Subject primary research materials in 20th century American art and design. including design education. fashion design. and illustration. graphic and product design and decoration, and Parsons administrative and departmental records. 66 Fifth Avenue, room 102 For more information, visit ?bregnewschooleduts Library Consortium The New School libraries are members of the Research Library Association of South Manhattan. This consortium enlarges the scope of library resources available to students at The New School and other participating institutions. Other Af?liated Libraries Elmer Boost Library at New York University A collection of 2.5 million volumes; with extensive electronic resources. The Avery Fisher Center also contains a large audiovisual collection. 70 Washington Square South Reference-Humanities: Reference?Social Science: 212,998.2600 Cooper Union Library Subject science. engineering, and architecture. 30 Cooper Union Square Reference: 212.353.4186 Chutick Law Library of the Cardozo School of Law. Yeshiva University (reading access only with valid 10) Subject strength: law 55 Fifth Avenue Reference: Beyond the Consortium Across the boroughs of New York City. the public libraries range from research libraries with in-clepth. non- circulating collections to local branch libraries. On-site use of the New York (Manhattan. Bronx, Staten island), Brooklyn. or Queens Public Libraries is free and open to anyone. A borrower's card is required to borrow materials or to use electronic databases off?site. In addition to the public libraries, there are academic and special (corporate. medical. museum. and law) libraries for which New School librarians can Issue access-only passes; ask a New School librarian about a METRO pass. THE UNWERSITY WRITING CENTER 71 Fifth Avenue. suite 914 The mission of the University Writing Center is to help students in all New School degree programs become better writers. Individual tutoring covers every phase of the writing process: approaching and organlzing assignments. developing rough drafts. and revising papers. Face-to-face and telephone appointments are made through the UWC e-scheduler, accessible at Students may also walk in to the UWC from 10:00 p.m. 2-hour. evening, and recurring appointments are available by request by contacting yitingcerltei?l newschoolgdu or 212.229.5121. Faculty can schedule in-class workshops under "Resources for Faculty" on the UWC's webpage, or by using the ?Faculty" tab In my.newschool.edu. Some graduate students are elegible for Support frorn the Graduate Writing Center. (see page 19} Math Support Program This program offers math tutoring to full-time degree-seeking students enrolled for credit in a New School math class. Students can schedule their appointments online at writingcenter. For more information. email mathsupoort?newschooLeQU UWC IS ONLY OPEN WHEN CLASSES ARE IN SESSION. BOOKSTORE The Barnes Noble at 18th Street and Fifth Avenue is the of?cial campus bookstore for The New School. In addition to textbooks and general books, students will also find New School merchandise. including t-shirts, sweatshirts. shorts, and baseball caps. For more information. log on to my.newschool.ed_u and use the Student tab. 39 830800538 OIWEIGVOV CAMPUS LIFE UNIVERSITY STUDENT SENATE University Student Senate (USS) is the of?cial university student government of The New School. Senators are elected by matriculated students from every academic division with the number of senators determined by size of the school. Elections are held each April for the following school year. USS repreSents students? concerns to administration, plans university- wide events, makes suggestions for improving the university. helps with student orientation, works with the provost and deans on academic planning. represents the students on university-wide committees. and works generally to ensure that the student experience at The New Sehoul is positive. USS meets two or three times a month; the schedule is posted on the USS website at All meetings are open to all students. and students are encouraged to bring their concerns or ideas to the USS. STUDENT HOUSING AND RESIDENCE LIFE The New School offers undergraduate and graduate students a variety of residence opportunities with different amenities to suit individual needs. Most residence halls and apartments are furnished. All undergraduate residences are staffed with professional residenca hall directors and student resident assistants. Through the enthusiasm and creativity of the residential staff, students are encouraged to participate in and help plan diverse activities that take advantage of the rich traditions of The New School and the cultural resources of New York City. in addition to providing 24vhour security coverage. the residence hall staff is available 40 CAMPUS LIFE and trained to handle personal crises and other emergencies should the need arise. The Of?ce of Student Housing and Residence Life can also assist Students in securing off-campus housing in the New York City metro area. Visit the Off-Campus Housing Resource Guide on the Student Housing Web page for information about neighborhoods. costs, landlord-tenant negotiations, and short-term accommodatEOns. The office makes available listings of off-campus apartments, sublets. and room rentals. Students who have questions or concerns about housing and residence life should speak to their resident assistant or residence hall director of contact: Student Housing and Residence Life 7?9 Fifth Avenue, 5th floor New York, NY 10003 212.229.5459 Monday-Friday, 9:00 p.m. myhome@newschool.edu STUDENT DEVELOPMENT AND ACTIVITIES The Of?ce of Student Development and Activities (OSDA) is dedicated to helping students enhance their leadership skills and explore the co curricular opportunities available at The New School and in our community. We foster a sense of community by organizing events that encourage social interaction and participation in community life. Whether you are looking for help planning an event, starting a group orjust want to brainstorm activities. OSDA is here to support you. We coordinate a diverse array of student activities that enhance the intellectual and cultural life of the university community. Off-campus events include community service projects and trips, concerts, performances, speakers, and sporting events. On-campus programs include the Annual Welcome Block Party. student organization events, the Game Night series, advocacy and theater productions, and a semi-annual program of study-break activities. Student Leadership and Civic Engagement OSDA supports student involvement in the community. education about social issues, and efforts that work toward social change. Students can pa rticipate in planned group service projects, gain assistance in planning their own service projects, and get referrals for individual volunteer opportunities and resources for civic engagement. The office offers the Emerging Leaders program for students who wish to develop their leadership skills by creating their own day of service or leadership event for the university community. This program provides material and pianning support for student-led eVen'lS. while also providing frequent workshops, seminars, leadership retreats and conferences to deVelop broader based leadership skills. Recognized Student Organizations at The New School OSDA supports the recognized student organizations at The New School. All recognized student organizations are open to all New School students. The New School has approximately 30 recognized student organizations with interests In pie-professional and academic areas, intercultural and international themes, political action and advocacy. student programming. social networking, music, art, performance, and religious and spiritual topics. For an up-to- date listing of current organizations, please visit studentservices/development and click on Get Involved. if y0u are interested in starting a recognized student organization, please contact us at studentorgs@newschool.edu. Students who would like to contact OSDA about our services can find us at: Arnhold Hall 55 West 13th Street. room 102 mass; Visit us online at studentservicesldevelopment. Of?ce Hours: Open weekdays. Mom-Thurs. 9:00 pm; Friday, 9:00 thmughout the academic year except university holidays. Summer hours are Mam-Fri. 9:00 pm. Get involved! Stay involved! RECREATION AND INTRAMURAL SPORTS The Office of Recreation and intramural Sports offers many different opportunities to get active and meet students from across the university. Throughoutthe academic year, we offer weekly recreation programs and intramural team sports as well as special outdoar activities. To sign up for programs and teams. students need to be enrolled in a degree-seeking program and have a valid newcard {university ID). Intramural Sports Currently we offer a basketball league during the fall semester and an indoor soccer league during the spring semester. We recently added ?eld sports softball and flag football, and are always looking to add to these options depending on interest and available space. .edu ~11 33? Group Exercise Classes Every semester we offer different kinds of group-oriented classes including yoga, pilates. salsa, capoeira. and other forms of dance and martial arts. Outdoor Recreation A few weekends each semester we sponsor outdoor recreation programs within the city limits and beyond. Students can enjoy hiking. rock climbing. whitewater rafting. and skiing. Special Events We offer a selection of one-time only events. You can spend a night bowling. rock climbing. or ice skating. There are parties for viewing sperting Events such as the World Series and the Olympics. Occasionally. there are discounted tickets available to Knicks. Mets. and Yankee games. Recreation Clubs in conjunction with the Office of Student Development and Activities. we sponsor university-recognized student organizations and clubs. Students have proposed several clubs including an outdoor recreation club. a competitive dance club. a running club. a rock-climbing club. and a health and wellness/?tness club. We have a competitive basketball team and are looking to form other competitive sports teams, depending upon interest. The Of?ce of Recreation and Intramural Sports is a newly-created office within Student Services. We encourage students to get involved with our programs and make suggestions for future programs and activities. To learn more, or to make suggestions. please email weation?newschooL e_d_t_i or visit cur New School Recreation Facebook group page. 42 CAMPUS LIFE Michael McQuarrle. Director of Recreation and intramural Sports P: 212.229.5900 x3801 F: 212.229.5166 79 Fifth Avenue, room 532 THE NEWCARD All students must obtain a New School newcard. the of?cial ID card issued to all degree or credit seeking students as well as faculty and staff members. The newcard can be obtained from the newcard of?ce located at 66 West 12th Street, room 409. The neWCard giVes access to university buildings, libraries, computer labs. recreation programs. intramural sports. and other facilities and should be carried on campus at all times. Students with meal plans can use the card at all New School cafeterias to access their meal accounts. The card also allows free entry to many special events and provides discounts at many stores. museums. and cultural institutions as listed in this handbook. DINING SERVICES DineOnCampus DineOnCampus is your resource for healthy campus living: buy meal plans, add Dining Dollars to your account, get nutritional info, check out upcoming events. see what?s being served where, and much more. Visit homologous?! moussem/thenewschosl for complete information and hours of operation. New School dining facilities are located as foiIOws: Residence Hall 118 West 13th Street. lower level "Res" Hall Cafe has the look and feel of a 50's diner, serving all your homemade comfort foods. Open breakfast. lunch. and dinner, we offer a daily hot buffet, a full service grill and deli, daily vegan and vegetarian offerings as well as a variety of organic snacks, Seattle's Best coffee. cold beverages, made-to-order tossed salad station. Outtakes grab-n-go salads, sandwiches, and desserts. Lang Caf? 66 West 11th Street, lobby Serving up hot breakfasts, Asian- inSpired dishes for lunch, and fresh sushi made-to?order, Lang Cafe is always a great choice. We also offer Pura Vida ?Create Good" coffee. a variety of cold beverages including organic, soy and all-natural energy drinks. Outtakes grab-n-go salads. sandwichES, desserts, and a large selection of snack items. Caf? 55 55 West 13th Street. 4th floor The newly renovated Cafe 55 is a piaoe where you can ?grab-n-go" from our Outtakes cooler or stay awhile and enjoy afresh smoothie or hot tea. Everyday offerings include breakfast omelets. quiches and folds made to order. a hot buffet lunch, a selection of upscale salads and sandwiches, a gourmet tea menu, fresh smoothies. locally roasted coffee, a variety of cold beverages, grab-n-go salads. sandwiches, desserts, and snack items. The Library Cal? 55 West 13th Street, lobby The Library Caf? serves a wide variety of hot and cold Starbucks beverages, including cappuccino, eSpresso, and barista drinks; an array of fresh homemade pastries, muf?ns. and cookies: Grabvn-Go Outtakes salads and sandwiches: and a variety of bottled beverages. Join our coffee club and every 10th cup is free! SPECIAL EVENTS There are hundreds of special events offered each semester across the university. Most of these events?conferences, guest lectures, workshops, readings, screenings, concerts, and performances? are free to students with a valid university newcard. Special events Offer the opportunity to expand one?s intellectual. artistic, and cultural horizons. the opportunity to take a break from the routine of studying and working to enjoy life and to interact with students from other divisions. There is so much going on at The New School that it is Sometimes dif?cult to keep track. but there are ways to stay informed: - Log on to MyNewSchool. Read the Weekly Observer, which is sent weekly to your student email account. - Go to the calendar of events on the university website at - Take a few minutes to look at the ln the Loop display cases and other bulletin boards in university buildings. SAFETY AND SECURITY Students are required to show a valid university newcard upon entering all buildings. residence halls, and library and computing facilities. Unauthorized use of the facilities and damage or defacement to the facilities may result in serious disciplinary action. Students should report any incident that causes concern to a security of?cer in the building and request that the of?cer prepare an incident report. Security conducts emergency evacuatIOn drills (also known as ?re drills) in all New School buildings on a regular basis. When the building alarm sounds or you are requested to evacuate by security personnel. please leave the building as quickly as possible. Students are not permitted on fire escapes at any time except in cases of emergency. 43 3:111 The university does not assume responsibility or liability for loss of or damage to personal property. Students are encouraged to protect valuable items by purchasing appropriate insurance. Remember: Protect your valuables! Do not learn: them unattended, not even for a moment. You can contact Security daily at 212.229.5101 between 8:00 am. between 5:00 pm. and 8:00 am. Students are encouraged to review the Safety and Preparedness website for more information about personal and campus emergencies. emergency phone numbers, and useful links. CREATING A SUSTAINABLE CAMPUS Students. faculty, and staff at The New School are working together to make the university more environmentally sustainable. Students can get involved in a number of different ways, starting with joining Renew School, a student- mn organization that works closely with university administrators on campus greening initiatives. Recent projects have included a book swap at the end of each semester and a dorm move-out recycling initiative in the late spring. For more information on Renew School and upcoming sustainability events. contact [enew5chool?newschool.edu. in addition to joining Renew School, every member of The New School community can reduce the university's environmental footprint by making smarter, more sustainable choices every day. Biking, along with using public transportation or walking, helps reduce fossil fuel consumption and carbon dioxide emissions. Bicycle racks are available curbside in front of most university buildings. and the NYC 44 CAMPUS Department of Transportation recently installed more than a dozen new racks to help make biking to campus easier and safer. Making wise use of electricity on campus can also help the university shrink its carbon footprint. Shutting off lights. shutting down computers. and unplugging cell phones and PDA chargers when they're not in use can have a significant cumulative impact on energy savings. particularly in dorms and of?ces. Using revolving doors In lobbies can have a big impact on the amount of energy used to heat and 0001 our buildings. Drinking tap water from re?llable water bottles can drastically reduce the waste that results from using disposable plastic bottles. Filtered and chilled water bottle ?llers are available at the following locations on cam pus: 25 East 13th Street. 2nd?5th floors 2 West 13th Street, 4th ?oor 55 West 13th Street, 9th floor 66 West 12th Street. 5th floor 65 West 11th Street, Basement 560 7th Avenue. 4th floor Recycling paper, glass. metal. and plastic can also help The New School conserve resources and reduce the amount of waste that ends up in landfills each year. Recycling bins are available throughout campus. Food waste can be conveniently dropped off throughout the week at Lang Cafe at 65 West 11th Street or the Union Square Greenmarket 0n Mondays. Wednesdays. Fridays, and Saturdays. For more information on composting, visit For more information on how you can lead a greener life on campus. visit the Natural Resource Defense Council?s Green Living Web page at STUDENT RESOURCES STU DENT RIGHTS AND RESPONSIBILITIES The New School community comprises multiple constituencies. including students. faculty. administrators. and staff. As in any community. there are certain privileges, rights. and responsibilities associated with membership. The Office of Student Rights and Responsibilities is committed to fostering and promoting an environment in which good citizenship can ?ourish among and between students and other members of the New School community. The of?ce seeks to achieve this objective through developing and sustaining educational programs and through fair and dutiful administration of the Student Code of Conduct and the Non-Academic Disciplinary Procedures. The Student Code of Conduct is the of?cial New School document that governs behavior at the university. it describes student rights and responsibilities. as well as the rights reserved by the university. lt speci?es what types of behaviors are inappropriate. The Non-Academic Disciplinary Procedures are designed to facilitate lact??nding and to review incidents involving alleged violations of the Student Code of Conduct. The Student Code of Conduct and the Non-Academic Disciplinary Procedures apply to every student engaged In a program of study or taking classes at The New School. The code and procedures also apply to student organizations and to student guests on campus. Incoming students are required to complete an on-line tutorial on the Student Code of Conduct and related policies. Detailed information. including how to file an incident report, can be found at yrww.newschool.edu[ studentservrces?righls. The Office of Student Rights and Responsibilities is responsible for administering the Student Code of Conduct and the Non-Academic Disciplinary Procedures. For information, contact the office at 212.229.5349 or srr@newschool.edu. Academic Dishonesty Academic dishonesty is any act that allows a student to gain an unfair advantage over other students. This includes. but is not limited to. cupying. plagiarism. collaboration, alteration of records, use of restricted aids, unauthorized use of prOprietary material. bribery, and lying. - The academic division in which a student is enrolled has primary responsibility for adjudicating alleged infractions of the Academic Honesty and integrity Policy. It is the student?s responsibility to lrnow and understand the Academic Honesty and Integrity Policy. Students should consult their school's catalog and website for additional information. Sexual Harassment - Sexual harassment is any unwelcome sexual advances, requests for sexual favors, and other expressive or physical conduct of a sexual nature. The two main forms of sexual harassment are ?q uid pro quo" and "hostile environment." Quid pro quo sexual harassment occurs when an individual makes an explicit proposition for sexual favors in return for some expressed or implied benefit. Hostile environment harassment occurs when conduct. 45 830800938 .LNEGIIJS either through its severity and/ or its repetitive or consistent nature. creates an intimidating. hostile. or offensive working or learning environment. Examples of sexual harassment include: sexual comments about a person's clothing, anatorny, or looks; unwanted sexual teasing. jokes. remarks. or questions; stalking or following someone around; telling lies or spreading rumors about someone?s personal life; actual or attempted rape or sexual assault: unwanted pressure for dates or sexual favors: unwanted deliberate touching. leaning over, cornering, massaging, or pinching; and unwanted letters, telephones calls. emails. or other material of a sexual nature. Sexual harassment may occur among students or coworkers. between students and faculty. students and staff. or employees and supervisors. etc. While the university is concerned with all types or offensive conduct. not all such conduct is sexual harassment. Sexual harassment is limited to a speci?c set of behaviors that are typically sexual In nature. You should contact the assistant vice president for student and campus life as designee of the senior vice president for Student Services for guidance in ?ling a sexual harassment complaint and to get further information about the sexual harassment policy. Policy on Sexual Harassment (excerpt) Adopted July 14, 1988 Revised March 17. 1994 Revised March 30. 1999 Revised February 2003 Revised October 2004 Revised May 2008 46 STUDENT RESOURCES The New School is committed to creating and sustaining a university environment in which students. faculty and staff can study and work in an open atmosphere. unhampercd by discrimination. This commitment is explicitly stated in all descriptions of university programs and in all the of?cial catalogs of the academic divisions of the university. The university's statement on non- discrimination is: ?The New School, as well as its individual divisions. is committed to a policy of equal opportunity in all its educational activities. admissions. scholarship and loan programs and employment. it does not discriminate on the basis of race. color, national or ethnic origin. citiZenship status. religion. sex. sexual orientation, age. mental or physical disability. veteran or marital status." As a necessary part of its commitment to create and sustain an environment free of any kind of discrimination. The New School commits itself to prohibit sexual harassment and to confront and deal with it when it occurs. Sexual harassment is de?ned in this policy and procedures have been established for responding to concerns. allegations, and questions about sexual harassment brought by any member of the university community. In order to achieve the goal of a community free of sexual harassment, standards of behavior and procedures for dealing with breaches of those standards must be established and implemented within the context of academic freedom. Education of the community on this issue will also be necessary. The university seeks to sustain a high standard of behavior and to correct breaches of that standard. regardless of whether the offending behavior would meet external legal standards of the term sexual harassment. Our goal is to deal directly and clearly with this complex issue. As in the case of any disciplinary issue. formal procedures may be invoked when complaints cannot be resolved informally. Definition of Sexual Harassment Generally. sexual harassment is conduct that exploits povver or authority in order to elicit sexual submission. or inappropriate sexual conduct that creates an intimidating, hostile or abusive environment for working. learning or enjoying other opportunities and activities. Sexual harassment can include a wide range of behaviors, from the actual coercing of sexual relations to inappropriate sexualization of the working or learning environment with words, materials or behavior. It may involve women being harassed by men. men being harassed by women, or harassment between persons of the same sex. Sexual harassment is generally found to be in two distinct forms. Quid pro quo sexual harassment occurs when an individual makes an explicit proposition for sexual favors in return for express or implied job benefits or academic decisions. or where rejection of such a proposition is to be used for. or negatively effects. job bene?ts or academic decisions. Hostile environment sexual harassment occurs when conduct {either through its severity and/or its repetitive or consistent nature) has the purpose or effect of substantially interfering with an individual?s work or academic performance. or creates an intimidating. hostile or offensive working or learning environment. Unwanted ?irtatious. advances or propositions or unwelcomed comments of a sexual nature about an individual's body or clothing. whether COlWeyed orally. in writing or by electronic transmission; or unwelcomed touching. such as patting. pinching. hugging. or brushing against an individual's body; these are illustrations of the kinds of conduct. if engaged in by an individual repeatedly and consistently. which could constitute hostile environment Sexual harassment. Faculty members (and administrative staff) should be aware that any romantic involvement with students (or staff members who report to them) is considered inappropriate, and it might make them liable to formal action. Romantic involvements between faculty and students outside the instructional context also have the potential to lead to dif?culties. Beyond these dif?culties. and the risk of formal action. these involvements can have a negative effect on the community. SuspiciOns of favoritism may arise that affect the academic and/or work environment: there may be the appearance of exploitation even if the relationship is consensual. in addition. there is always the possibility that relationships that begin consensually will be subject to misinterpretation and that after they end the faculty (or administrative staff member} will be vulnerable to accusations and recriminations. Bringing a complaint of sexual or discriminatory harassment: Initial discussion of a situation by complainant with a designated of?cial in an effort to resolve the problem. When the investigation is concluded. the designated official should submit a con?dential report of the outcome to the Provost within thirty (30) calendar days. if Step 1 is not successful in resalving the matter. either party may submit a written 47 complaint to the provest for his/ her reconsideration. The provost may further investigate the matter or make a decision based on the submitted materials. The provost may also, at his/her sole discretion, refer the matter to a panel of the University-wide Committee on Harassment and Discrimination for its consideration and recommendation. It the matter is referred to a panel for its review, the panel shall meet and determine whether or not the complaint warrants a formal investigative hearing or can be resolved without further investigation. The panel?s recommendation will then be sent to the provost for his or her consideration. The provost will review the recommendation of the panel and decide on a penalty, if appropriate. When the prov05t announces the decision. the alleged harasser or the complainant may request that the provost reconsider the decision and/or the penalty. The provosi's decision after this recommendation, if any, is ?nal. with designated of?cial: Because sexual or discriminatory harassment is often difiicult to discuss. a complainant may want to speak ?rst with a designated official. A complaining party should speak with one of the following designated of?cials: Students: ASSistant vice president for student and campus life as designee of the senior vice president for Student Services. Faculty and Staff: Vice president for Human Resources/Office of the Vice President and General Counsel. 48 STUDENT RESOURCES In the event a complainant believes that his or her designated official may have a conflict of interest. or for other compelling reasons. he or she may speak with any other designated official. Upon being notified of a complaint. the designated official shall immediately inform the provost. Please visit the Office of Student Rights and Responsibilities or the Student Services Web page for the full text of this policy. Discriminatory Harassment Discriminatory harassment is speech or other expression that deliberately insults, stigmatizes, threatens, or intimidates an individual or group of individuals on the basis of race, color, religion, sex. sexual orientation, ethnic origin, physical or mental disability. age, marital status, or other personal attributes; is addressed directly to a specific individual or group of individuals: and makes use of "fighting words" or non-verbal symbols. In the context of discriminatory harassment. fighting words or non-verbal symbols are words. pictures. or symbols that are. as a matter of common knowledge. understood to convey direct hatred or contempt for human beings and that by their very use inflict injury or tend to incite immediate breach of the peace. To file a complaint of discriminatory harassment, you should contact the assistant vice president for Student and Cam pus Life in the Office of the Senior Vice President for Student Services for guidance in filing a discriminatory harassment complaint and to get further information about the discriminatory harassment policy. Policy on Alcohol and Drugs at The New School {excerpt} Adopted January 7, 1988 Revised May 14, 2008 At The New School, we seek to foster the intellectual, artistic. and social development of our diverse student body. and to create and maintain a community in which principles of fairness, civility and diversity are upheld. We recognize that some members of the community will choose to use alcohol, thus these guidelines serve as a way to help ensure that when alcohol is consumed it is done so responsibly, with respect to others in the community. and in adherence to university policies and rules, as well as federal. state and local law. Additionally. the university seeks to promote a drug-free campus that respects the community at large. We expect members of the university community to adhere to university policies and rules. as well as federal, state. and local law concerning drugs. The university has established a policy on the use of alcoholic beverages at university-sponsored and sanctioned events. The policy has been formulated out of concern for the well-being of faculty. students. and staff and is designed to promote and maintain an environment conducive to the educational values, principles and objectives of the university. as well as to cultivate awareness among all members of the university community in regard to alcohol abuse problems. It is also intended to encourage individuals to be sensitive to and considerate of the needs and feelings of other persons. including those who lead a substance- (or an alcohol-) free lifestyle. The university strictly adheres to federal, state, and local laws that restrict and regulate the sale, service. and consumption of alcoholic beverages. All members of the university community are encouraged to familiarize themselves with these and other laws related to alcohol use. The university?s policy is meant to ensure legal use of alcoholic beverages and responsible conduct by individuals at on-campus events sponsored or sanctioned by the university, and at off-campus events hosted by members of the university community when such events are held as an extension of university programs or activities. Members of the university community who violate the policy on alcoholic beverages will be subject to university disciplinary procedures. Evants where students are present and where alcoholic beverages will be served are subject to approval by the assistant vice president for Student and Campus Life in the Office of the Assistant Vice President for Student Affairs. regardless of the age of the students. The Office of the Assistant Vice President for Student and Campus Life can be contacted at with the university's policy, alcoholic beverages may be sold, distributed. served or consumed only by individuals who have attained the minimum legal New York State purchase age of 21. Groups sponsoring events intended primarily for persons under the age of 21 are strongly encouraged to hold alcohol-free events. The only exception to this approval requirement is for events sponsared and supervised by of?cers in the central administration of the university or the deans of the schools. Any officer or dean wanting to serve alcohol at a University event must seek approval from the vice president of Human Resources and the Of?ce of the General Counsel. Please visit the Of?ce of Student Rights and ReSponsibilities or the Student Services Web page for the full text of this policy. 49 Finding University Student Policies Students are responsible for being familiar with the university?s policies. All policies relating to student rights and responsibilities can be found on the Student Services page of the university website. The following is a list of the policies found on that page: - Free Exchange of Ideas Statement on Freedom of Artistic Expression - Policy on Sexual Harassment Policy on Discrimination - Guidelines for Dealing with Issues of Sexual Harassment and Discrimination - Principles and Procedures Governing University Financial Aid Policy on Alcohol and Drugs at The New School - Statement on the Responsibilities of Computer Users - Policies and Guidelines for Galleries Policy on Recognized Student Organizations - Family Educational Rights and Privacy Act Policy on the Use of University Facilities University Smoking Policy University Student Code of Conduct - Guidelines on Demonstrations in University Facilities The New School Policy for Requesting Reasonable Accommodations Contacting the Of?ce of Student Rights and ReSponsibilities Gene Puno-De Leon, Director, Office of Student Rights and Responsibilities 79 Fifth Avenue, 5th floor New York. NY 10003 212.229.5349 punog@newschool.edu Torn McDonald, Assistant Vice President for Student and Campus Life 79 Fifth Avenue, 5th floor New York, NY 10003 50 STUDENT RESOURCES 21.2.22 9- 5 mcdonalt@newschool.edu STUDENT HEALTH SERVICES Our mission at Student Health Services is to promote health and well-being in the student community. We offer the following programs: - Counseling Services - Medical Services Health Education - Student Health lnsurance SHS is open weekdays, 9:00 ant?5:00 throughout the academic year. except for university holidays. Some evening and weekend counseling appointments are available during the academic year. Summer hours are posted. Medical Same Day Appointments Medical Services offers same day and next day appointments for students with urgent medical concerns. Please call 212.229.1671. option 2, to obtain an appointment. if you need immediate assistance or you have an emergency, call 93; or go to your nearest hospital emergency room. Counseling Walk-tn Hours Monday?Friday 2:00-3:00 pm. Counseling Services: The counseling staff consists of licensed professionals dedicated to working with students. Services include brief therapy sessions, crisis intervention. group therapy, art therapy. information. and referrals. We also offer evaluations and low-cost testing when indicated, if the student is already working with one of our counselors. Students in crisis are encouraged to walk in and ask for help during our office hours. All counseling services are free and strictly confidential. Students are entitled to 12 individual sessions per academic year. Counseling Services and Health Insurance Loeb Hall Residence 135 East 12th Street. 2nd floor New York. NY 10003 212.229.1671, option 1 Jerry Finkelstcin, Director of Counseling Services finkelsi@newschool.edu Medical Services The medical staff consists of licensed nurses. physicians. physician assistants. and certi?ed nurse midwives dedicated to providing primary medical care to students. Services include medical consultation and treatment. gynecological care. STI testing. HIV testing. prescriptions, medication. and immunizations, as well as referrals to medical or surgical specialists. Checking cholesterol, blood pressure. and TB exposure are among the wellness services offered. With the exception of immunizations. treatment provided at SHS is free. Students are responsible for laboratory testing fees and other outside services that are not covered by the student's health insurance. All services are strictly con?dential. Medical Services Loeb Hall Residence 135 East 12th Street, floor New York. NY 10003 212.229.1671. option 2 Jayne Jordan, RPA-C. JD. Director of Medical Services 'ordani@newschool.edu HIV Testing Free. rapid. con?dential testing is offered by the Hispanic AIDS Forum. Please call ahead to con?rm times. HIV testing is also provided in Medical Services by appointment. Health Education Our health educators offer wellness counseling and group workshops that provide students with the necessary skills to make and maintain healthy living choices in all aspects of their lives. Health topics include time and stress management. social development. meditation. nutrition, sex and sexuality. substance use and harm reduction. body image and eating disorders. and emotional well-being. Students are encouraged to become peer health advocates. They will be trained in student leadership and empowerment. They will participate in health education related to sexual and mental health, substance abuse. and sexual violence prevention. Peer health advocates may also assist'the health adheation staff in creating and implementing programs and initiatives promoting healthy living choices. For more inform ation. contact the health education staff. Rachel Knopf. Health Educator 135 East 12th Street. 2nd ?oor New York, NY 10003 212.229.161;. option 4 Tamara Oyola Santiago. Health Educator 55 West 13th Street. ground floor New York, NY 10011 212.229.5600 x4605 Student Health Insurance Our goal is to provide our students with an affordable health insurance plan and easy access to health care. For more information. call the Student Health insurance office at 212.229.1671. optim, or visit Aetna Student Health directly at click on ?Find Your School? and enter 812804 as yOUr policy number. 51 SEOHHOSEH 1N3Cln15 For questions regarding student health insurance. contact Jeanette Krupinski. student health insurance manager. at Con?dentiality Your healthcare is a private matter that is protected bylaw and by the ethical standards of the office. Consultations and medical records are strictly confidential. Only with your written permission are they released to you or a health-care provider of your choice. STUDENT SUPPORT AND CRISIS MANAGEMENT The primary role of the Office of Student Support and Crisis Management (SSCM) is to provide immediate, comforting support to students who are struggling with non- academic issues and to identify and develop a network of support for them. SSCM does not provide therapy. Aid is given to the individual by helping him or her secure safety. obtain needed rescurces for stabilization. and return to normal functioning. The Of?ce of SSCM works with faculty and administration in an effort to direct students (and parents. family members or guardians) to appropriate resources and services, both on and off campus. Maureen Sheridan. 212.229.5900 x3189 Justin Li, INTERNATIONAL STUDENT SERVICES 055} Welcome to our international students and to all students. faculty. and staff who are interested In exploring the worldl international students, please check in at with your l-20 or 03-2019 as soon as possible after your arrival in New York City. Special check-in locations will be posted at the start of each semester. Our offices 52 STUDENT RESOURCES are open weekdays. 9:00 pm. Drop-in hours are Mondays and Wednesdays. 2:00?4:45 pm. international Student Services is committed to fostering international educational exchange and enhancing the intellectual. artistic. cultural. and social development of students, scholars. and exchange visitors in a welcoming environment. Well-trained international education specialists provide support throughout the U.S. visa application process and offer U.S. legal status advisement. The team promotes intercultural and international programming within the university and connects students with vibrant New York City and global resources. We also advise incoming students and scholars on US. higher education systems and cultural adjustment issues and support U.S. students seeking new lands to eXplore through Fulbright study abroad programs. Our aim is to bridge the world one person at a time. Be a smart International student! - Enroll full-time every semester - Complete the of?cial "check-in? with ISS every semester Make sure 135 has current contact information and photocopies of your current passport. visa. {-94 card, and health insurance. Make sure your I-20 is current and has not expired Notify ISS within 10 days of moving or changing address - Obtain a valid travel signature from ISS before travelling outside of the US. File taxes each spring during stay in the U.S. You must have official permission from an ISS adviser to: Drop below full-time Change or withdraw from your program - Take a leave of absence - Work Your rights and responsibilities as an international student are fully explained at the international student orientation and you are required to attend. ISS Advising and Support Services Advising all internationals with any status on how to secure visas, maintain immigration status, and gain the benefits of that status, such as Curricular Practical Training (OPT), Optional Practical Training and Academic Training Processing new I-20s or [38-20195 Providing educatlon and resources about federal immigration regulatiOns affecting international students Providing U.S. Fulbright advising and support and information about study abroad opportunities for U.S. citizens {see deadlines in calendar) Providing help with getting a Social Security number. Opening a bank account. cell phone providers. and getting familiar with the New School neighborhood and travel within and outside the United States Working with other departments to enhance services for internationals Providing ambassadors. international students who work with to offer support with any student Issues and help organize student- friendly eyents The International Student Advisory Board meets with the ISS director to provide feedback from student representatives on ISS Services. a Pre-departure information and live Web-based chats Orientation programs each semester for new international students - Workshops on employment. taxes, and Optional Practical Training (OPT) International Education Week Coffee and Tea Hour News The ISS website - International Student Club - The ISS Student Mentor Program The Conversation Partners program For more information about programs and events. email issevents?newsehool.edu. International Student Services 658) 79 Fifth Avenue. 5th ?oor New York. NY 10003-3034 Tel: 242.2%: Tel: (Marines) 5_8_0.0210 x4484 Fax: 2;2.229.8992 In case of emergency. call New School Security at 212.229.5165. Email: iss@newschooi.edu {go to international Student Services) ISS Contact Information: Monique Ngozi Nri. Director, International Student Services mm mimginewschooledg Tom Sirinides. Assistant Director. international Student Services W622 Heather Hem mer, Assistant Director, international Student Services 212.229.5592 x3623 hemmerh?newschooLedu 53 SHOHHOSSH STUDENT DISABILITY SERVICES 79 Fifth Avenue, 5th floor 212. 229.5?26 Jason Lu chs. Director iuchsj?newschooiedu The New School is committed to helping students with disabilities obtain equal access to academic and programmatic services while allowing students to maintain their independence. The Of?ce of Student Disability Services (808) is designed to assist students with disabilities in need of academic and programmatic accommodations as required by the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Federal Rehabilitation Act of 1973. Any student with a physical. or learning disability is encouraged to meet with SDS to discuss any disability-related needs and services. These services may include note takers. readers. and sign language interpreters: the use of a calculator, Spell checker, and tape recorder; testing accommodations. such as extended time and enlarged text; books in alternate format; and adaptive equipment such as computer screen readers. The office can also provide students with information on a variety of disabilities, disability-related iswes. and internal and external resources. Students interested in receiving services. knowing more about services. or who belieVe they have been discriminated against based 0n disability status should contact Student Disability Services. For information about Student Disability Services. email: studentdisability?n 54 STUDENT RESOURCES CAREER DEVELOPMENT NSGS. Marines. Jazz. Lang (for Parsons. Milano. NSSR: see appropriate section of this handbook} 79 Fifth Avenue. 5th floor New York. NY 10003 9am MOnday?Friday, 9:30 arm?5:30 p.m. Services include: - Career counseling and assessment - Job search guidance - Resume and cover letter reviews - Mock interviewing - Workshops. panels. and networking events throughout the year Career Blog: mogspotgcom Searchjobs and internships at On Facebook: mewschoqlcareerdheyelopment Receive our event calendar at careers@newschool.edu. OF INTERCULTURAL SUPPORT 21.2.2.2.9L8395 2 The Of?ce of Intercultural Support works with students of diverse backgrounds to establish community at The New School. The DIS sponsors events and workshops to promote Intercultural awareness. The OIS also oversees the functions of the Arthur 0. Eve Higher Education Opportunity Program and the Student Ombuds Of?ce. The Arthur 0. Eve Higher Education Opportunity Program (HEOP) 55 West 13th Street. room 102 21222939961229.5687 Eggp?newschooledu "Dedication is the key; dedication to yourself and your dreams. HEOP is committed to helping you realize those dreams. Dedication and HEOP have proven to be a winning combination." ?Javier Villanueva, HEOP student THE Anti-tun o. eve soucm?lou OPPORTUNITY PROGRAM The Arthur 0. Eve Higher EducatiOn Opportunity Program (HEOP) reaches out to encourage applicants and support continuing students in two unique undergraduate programs of study: Parsons The New School for Design and Eugene Lang College The New School for Liberal Arts. HEOP provides academic support (tutoring and counseling} and ?nancial assistance to students enrolled at Parsons or Eugene Lang College. Tutoring individual or group sessions are available from your school or department or directly through the HEOP office. Freshmen and students experiencing academic dif?culty are required to attend regular sessions. Counseling All students receive one-on-one academic and career counseling. Counseling sessions help students explore avenues for growth within the university, identify individual and ensure a healthy adjustment to college-level work. Financial Aid Students are provided with full-need ?nancial aid packages designed to meet the costs of education through a combination of grants, loans. and work. in addition, students receive a stipend for books, supplies, commuting Costs. and other school- reiated expenses. STUDENT OMBUDS Keisha Davenport-Ramirez 212.229.8996 davenpok?newschooLedu Student Ombuds is a place where students of The New School community can go for assistance in resolving conflicts. disputes. or complaints on an informal basis. In order to afford students the greatest freedom in using the services that the Ombuds of?ce provides, this office is independent. neutral. and confidential. The Ombuds of?ce prevides guidance for all types of problems in a safe. supportive. and confidential manner. The activities of the of?ce supplement but do not replace the existing resources for conflict resolution and fair practice at The New School. Student Omhuds has dealt with conflicts with faculty and other students. trouble negotiating a school pelicy or procedure. and complaints about a school of?ce or procedure. There is no problem the Ombuds will not meet with a student about. The of?ce is the place to go when you are feeling that you have nowhere else to turn and are unsure of the options that might be available to you. The Ombud listens and helps you to evaluate the situation. answers questions, explains university policies and procedures. lets you know the best person to talk to, and helps you develop options. The tenets of con?dentiality. neutrality. informality, and independence are absolute and non-negotiable. Therefore, a visitor cannot request that the Ombuds staff breach any of these tenets. 55 830800533 NEW YORK CITY RESOURCES One of the exciting aspects of being a student at The New School is the opportunity to experience New York City. a city unequaled in it's cultural diversity of people, places. and events. New York City offers many unique experiences and students are encouraged to take advantage of all that it has to offer. This section includes partial listings of local merchants such as grocery. nook. music, and art supply stores. as well as New York City cultural institutions such as museums and performance spaces. it also includes a listing of some useful New York City websites. along with some hotlines and service organizations that provide assistance to people living in the city. Student discounts are offered by many stores and cultural institutions, so carry your newcard with you at all times. Many museums. for example. offer discount admission to students. Be sure to visit the venue?s website or call the box of?ce for more information. There are lots of discounts for students so be sure to look out for them. Special student discounts to campus- area restaurants and retailers as well as last-minute tickets to special events are posted at MyNewSchool. Students should log in regularly to keep up to date on the latest student offers. 56 NEW YORK CITY RESOURCES Local Food Stores Food Emporium 10 Union Square East (between East 14th Street and Park Avenue} Food Emporium 475 Sixth Avenue at West 12th Street 212.242.9763 Trader Joe?s 142 East 14th Street (between lrving Place and Third Avenue) 213.529.4612 Whole Foods 4 Union Square South (between University Place and Broadway) 212.673.538? Pharmacies Duane Reade 24 East 14th Street {between Fifth Avenue and University Place} 212.989.3632 Metro Drugs 7 West 14th Street at Fifth Avenue Rite Aid 501 Sixth Avenue at West 13th Street 212,727.3720 Household Needs Bed, Bath Beyond 620 Sixth Avenue (between West 18th and 19th Streets) 212.255.3550 K-Mart 770 Broadway {corner West 8th and Lafayette Streets) 21245134540 Surprise! Surprisel 91 Third Ave at East 12th Street 212.777.0990 Office Supplies and Electronics Staples 5?9 Union Square West at East 14th Street MW Best Buy 52 East 14th Street at Fourth Avenue 212.466.4789 PC Richard Son 120 East 14th Street at Third Avenue 212.979.2600 Neighborhood Post Office Cooper Station 93 Fourth Avenue at East 11th Street Movie Theaters Angelika Film Center 18 West Houston Street at Mercer Street Cinema Village 22 East 12th Street at University Piace Wigwam Film Forum 209 West Houston Street (between Sixth Avenue and Varick Street) 5'me IFC Center 323 Sixth Avenue at West 3rd Street Loews Village 7 66 Third Avenue at East 11th Street 8914351198 t.r_es_._com Quad Cinema 34 West 13th Street (between Fifth and Sixth Avenues) Regal Cinemas-Union Square Stadium 14 850 Broadway at East 13th Street New York city Parks Bryant Park Between East 42nd and East 44th Streets, and Fifth and Sixth Avenues Central Park Between 59th and 110th Streets. and Central Park West and Fifth Avenue Madison Square Intersection of East 23rd Street. Broadway, and Fifth Avenue Union Square intersection of 14th Street, Broadway, and Park Avenue Washington Square Intersection of Fifth Avenue and West 4th Street Book and Music Stores Barnes and Noble 105 Fifth Avenue at East 18th Street newschoolbncoiiegecom No tax with valid newcard. Frank Music Company 244 West 54th Street, 10th floor (between Broadway and Eighth Avenue} Mow Classical music only. Rayburn Musical Instruments 44 West 62nd Street at Columbus Avenue Shakespeare and Company 715 Broadway at Washington Place w?habsandcocom St. Mark?s Bookshop 31 Third Avenue (between East 8th and East 9th Streets) The Strand 828 Broadway at East 12th Street Art Supply Stores A.l. Friedman 44 West 18th Street {between Fifth and Sixth Avenues) 10% discount with valid newcard. New York Art Centrat Supply 62 Third Avenue at East 11th Street 57 ALIO MEIN Pearl Paint 308 Canal Street (between Broadway and Church Street) 10% discount with valid newcard. Utrecht 111 Fourth Avenue (between East 11th and East 12th Streets) New York City Museums and Cultural institutions Please note that museums are sometimes closed one or two days during the week. Museums sometimes offer "pay what you wish" admission during certain hours. You are strongly encouraged to call ahead and con?rm museum hours and admission fees. American Museum of Natural History wwvgamnhorg Asia Society Brooklyn Botanic Garden Brooklyn Museum of Art Cooper-Hewitt National Design Museum Ellis island immigration Museum and Statue of Liberty ivww.eliis_i_s_l_and.crg El Museo del Barrio The Frick Collection Guggenheim Museum Hispanic Society of America international Center of Photography 58 NEW YORK CITY RESOURCES Jewish Museum Lower East Side Tenement Museum Museum for African Art wwsv.afrioanart.org Metropolitan Museum of Art Museum ofArts and Design Museum of Chinese in the Americas Museum of the City of New York w_ww.mcny.gg_ Museum of Modern Art National Museum of the American Indian New Museum yiwwmewmuseumaorg New-York Historical Society Paley Center for Media (formerly Museum of Television and Radio) RS. 1 Contemporary Art Center (Queens) Rubin Museum of Art Society of Illustrators Studio Museum in Harlem The Drawing Center Whitney Museum of American Art Performance Spaces There are many performance spaces that offer student rush tickets (usually an hour or two prior to performance} to allow students to attend performances for a greatly reduced price. Be sure to visit the venue?s website or call the box of?ce for more information. Brooklyn Academy of Music (BAM) Student Flush tickets are available to students underthe age of 25 with valid newcard and proof of age. Two tickets can he purchased with each newcard. Call BAM Ticket Services at 718.636.4100 for more information. Carnegie Hall Click on "Box Office" then "Students" for more information. RS. 122 maple?Zcrg 315 student tickets with valid newcard for select performances. Lincoln Center for Performing Arts Student Rush tickets are available only for select performances {click on "Purchase," then ?Student Discounts" for more information). Here is a sampling of the resident organizations that perform and offer screenings at Lincoln Center throughout the year: The Chamber Music Society of Linedln Center Film Society of Lincoln Center Jazz at Lincoln Center wwn?alcorg Lincoln Center Theater waist-eta. Metropolitan Opera New York City Ballet New York City Opera New York Philharmonic Recreation and Athletics McBurney YMCA 125 West 14th Street {between Sixth and Seventh Avenues] 242.912.2300 Discount membership rates for New School students (18 years or older) with valid newcard. Transportation New Jersey Transit Full-time students receive a 25% discount on passes. Go to my.newschool.edu. click on the ?Student? tab, and find the NJ Transit link. Helpful Websites About New York City and its Organizations and Agencies Alliance for the Arts Foundation Center myyridncentenorg Lesbian, Gay. Bisexual, and Transgender Community Center Metropolitan Transit Authority Museums and Exhibitions in New York City: Curator's Choice NY.com'. The Paperless Guide to New York City New York City Guide (restaurants. hotels, etc.) New York City governmental agencies and resources New York City Parks and Recreation New York Foundation for the Arts 59 SEOHHOSEH Alli) MHOA MEN New York Magazine The New York Times TimeOut New York Union Square Partnership wvannionsquarenyoorg Village Voice Hotlines and Important Telephone Numbers Hotline of New York City Department of Health and Mental Hygiene 800.TALK.HI1 (800.825.5448) Alcoholics Anonymous Intergroup 212.647.1680 Covenant House "9 Line" Crisis Counseling 8000999999 Tenants? Rights Council on Housing 212979.061; Hotline of the Gay Men's Health Crisis 212.893.6655 Immigration Hotline 590.566.7636 Legal Services of New York 212.431.7200 Narcotics Anonymous _2__1_2_._9_29.6262 New York City Gay and Lesbian Anti- Violence Project 212.714.11.53 New York City Mayor's Line for all non-emergency NYC services 212.NEW.YORK (2 2.6399675) 60 NEW YORK CITY RESOURCES Overeaters Anonymous 212.946.4599 Poison Control 390.222.1222 Police/Fire/Ambulance Rape Crisis Center of St. Vincent?s Hospital 212.604.8068 Safe Horizons (crime victims, domestic violence, etc.) 222.577.7777 513740173 101112 13 141516 171819 20 212223 24 25 26 27 28 2930 31 123' 45678910~ 1112131415161? 1819 20 2122 2324 25 26 27 28 29 3031 910111213141516 17 18 19 20 212223 14151517181920 10111213141516 171819 20 212223 24 25 26 27 28 2930 51.11117 91011121314 1516171819 891011121314~ 1516121819 2021 3031 12f 3450789910111213. 3 14151517131920 2122 23 2425 2627 '28 1234567 8 91011121314 2 . 1510171819 2021 2222324 2520 2728 293031 9101112 13141516171319 202122 23 24 25 26 '2728 .5 123456 7 8 910111213 2 2122 23 24 25 2627 28 29 30 31 1234 5 5 7 3 91011; -muummnm 19 20 2122 23 24 25 1234 561891011 12131415151718 5 5 19202122232425 20 27 20 29 30 31 171 123450? 7 8 910111213 14151517181920 . 2122 23 2425 2027 2829 3031 1234. 56 7891011 12131415161118 . 19202122232425 '262? 282930 9101112: 13141510171819 20 21 22 2324 2526 32728293031 11121314151017 123 5678910' 1112131415161? 2 1819202122 2324 252627 23 29 3031 2 3 45 6 8 9101112131415 1617181920 2122 I 23 24 25 2027 2829 . 30 $017 117 111121314151517? 1819 2021222324 '?w?nww 1% 345078M 10111213141510 :171819202122231 10111213141516 ?17181920212223 24252627282930= 1. 23450783 910111213141510 17181920212223 91011121314; ?15101718192021 22232425202728} 2830 123455 7 8 910111213 14151017181920 2 2122 232425 2027 28293031 23455783 9101112 13 14 1516 171819 20 212223 2425 20 27 28 2930 . 31 1234 56 78 910111213~ 14151611181920 2122 23 24 25 26 27 2829 91011121314 1 1516171819 2021 293031 12345~ 6 7 8 9101112 131415161? 1819 2021222324 2526 27282930 12345' 6 7 8 9101112 13141516111819 20212223242526 27 28 29 3031 123' 45678910 11121314151017 5 15171819202122 . 2324 252027 2829 13031 1819 20 2122 2324 25 26 2? 28 29 30 "2911 4 . . mu.? . 1. xx??w?sm?sw?k 971 12345 6?89101112 13141516171819 .mwmw 1234 567891011 12131415101718 19 20 21 22 23 2425 2027 232930 31 .4 31% 7874 13491011 12131415151718 . 1920 21 22 23 2425 26 2? 28 2930 123 45678910 1112131415161? . 18192021222324 25 26 27 28 29 3031 10111213141516 17181920212223 2425 2027282930 1 2 3 4 56 78 9101112131415 THE NEW SCHOOL CAMPUS SCHOOLS LOCATIONS The New School [or General Studies The New School tor Sociai Research Milano The New School far Management and Urban Policy Parsons The New Schooi for Design G) (It) (961) Eugene Lang Coltege The New School for Liberal Arts Marines Coiiege The New School far Music The New Schooi for Jazz and Contemporary Music Q) The New Schooi for Drama .. . G) SERVICES Aililiatiotls Beth Israel Hospital 317 East 17th Street Cardozo Law Library 55 Fifth Avenue Cooper-Hewitt 2 East gist Street Cooper Union Library Cooper Square Elmer Holmes Bobst Library. Washingon Square South Auditoria .. . Computing . Human --79 Fifth Avenue Student Services Mahnes Q) W. [:56 Wait ssm'itreeti . 3., a: Goldmark Practice Senter ,1 i3? West 55m street) Schwartz Fashion Center [560 vintliAira 23rd Street Iii-1 tmemzs . ?tii Jive-1:382; f?az'k ?esrdence 18w '1 we s:Loet- {Quorum The New School for Drama 5m. {:51 Ban-k Street} (De -.. 79 Fifth iiv?nue (if) "a University writing Center .. .. 713mm Aveniie "University Administration Elfin Aveooe G) .5 The NewSchooi' Is undergomg expaoswn and renovation. Please go to new; chooi edu- Io new updates of the map 6111 Ave. - 14th St. Johnson/Kaplan Hall 6) (86 Was: 121i: Street: Wail 11th Street] 79 Fifth Avenue (my: I .. 80Fifth Avenue\ Fanton Hail/Welcome Center (72 Fitthiive =9 Design Center (2 ?Jest 13th $2196.66 Firth Arcane} Lang [65 West min Street} Long Anhex Athert and Ver-a Li Academic Center {6 East 16m Slum] 71 Fifth Airenue (9 University Center 1 (till Avenue) Arniioid Hall :55 west 13m Street) 0 G) Parsons East 925 East 1311: Street} 13th Stmul 4? i< (9,69 item-J Nice Sheila Johnson/ in?: 52:74: 2.3! . NJohnson Center Annex (83 Fiitli Meta?) UNION SQUARE and GREENWICH VILLAGE AREA Secunty Department Page 1 of 13 Search masons: comm Eamon law was 1 mum 11mm 1151110511ch mun imam Security Homepage Campus Security Guide -2009 Campus Security Guide 2009 SECURITY 24 HOUR STUDENT HEALTH Lost and Found OFFICE EMERGENCY NUMBER SERVICES CENTER seem? ?mm? 212.229.5101 212.229.7001 212.598.4796 Security Staff Also see the Safety and Preparedness website Index: Letter from the Director of Security Reporting Incidents and Other Emergencies Campus Access Policy Security Policies and Services Procedure for the Investigation of Violent Felonies and Reports of Missmg Students on Campus Sexual Harassment Policy Guidelines for Dealing With Issues of Sexual Harassment and Discrimination Harassment Campus Crime Statistic Reports a? Sexual Harrassment Advisory Panel and Reporting Procedures 2o Sex Offenses Sex Crimes Prevention Act Procedure for Reporting Rape On and Off Campus Missing Persons Poiicues on Alcoholic Beverages and the Use. Sale and Possession of Illegal Drugs Drug and Alcohol Abuse Counseling Servuce Weapons Policy Hate Crimes Campus Security Awareness Crime Prevention Program Campus Crime Statistics For Questions and Information Smoking Policy Fire and Emergency Evacuation Drills Fire Safety Statistics Letter from the Director of Security 6/ 1 5/201 1 Security Department Page 2 of 13 To The New School Community: The Security Department?s mission is to ensure a safe environment conducive to learning and teaching for The New School?s staff and students. The department's primary focus is to develop and Implement procedures and strategies that will promote a safe, caring, and disciplined climate free of violence, illegal drugs, and fear and to establish partnerships with students, staff, community leaders, and law enforcement agencies that will support the university's safety agenda. This guide outlines the university?s safety and security policies. All members of the university community are encouraged to read the complete version of the Annual Security Report, available both in the Security Department's of?ce and online. For detailed information about The New School?s Emergency Management plan, go to the university's safety and preparedness website. The Security Department's of?ce is located at 55 West 13th Street, mezzanine level, and is open 24 hours a day, seven days a week. Thomas A. Iliceto BACK TO TOP Reporting Incidents and Other Emergencies The New School Security Department seeks to ensure that the rights of every member of the campus community are respected and that there exists a safe and secure atmosphere, conducive to the pursuit of educational objectives. Personnel of the Security Department at The New School are on duty 24 hours a day, seven days a week. The 24 hour security operations numbers are: SeCUrity Director's Of?ce: 212.229.5101 After Hours: 212.229.7001 All criminal actions or other emergencies on campus should be reported immediately to Security Department personnel by telephone or in person at the Of?ce of the Security Department, or to any University of?cer on patrol. Reports of crimes may also be made in writing. in addition, crime information is exchanged between the University's Security Department and local police. Authorities including the Transit Police NYPD, and the 6th Precinct Detective squad. BACK TO TOP Campus Access Policy 0 Students and employees are required to show New School identi?cation upon entering a building, residence hall, library, and computing facility. a Unauthorized use of the facilities and damage or defacement to the facilities is not permitted and will result in disciplinary action. 0 Students and employees should report any incident to the Security Of?cer in that building and have the officer prepare an incident report. 0 Students and employees are not permitted on ?re escapes at any time. a Fire and Emergency Evacuation drills will be conduct periodically throughout The New School facilities. Students and employees are required to exit the buildings during these drills. The University cannot assume responsibility or liability for the loss or damage to personal property. 6/15/201 1 Security Department Page 3 of 13 Students and employees are encouraged to protect valuable items by purchasing appropriate insurance coverage. BACK TO TOP Security Policies and Services The University emphasizes that employees and students, regardless of their membership in off-campus organizations recognized by the college, are responsible for comporting themselves in a manner consistent with college and University policy and that they must conduct themselves in a lawful manner at all times. Violation of college policy subjects employees and students to the disciplinary procedures. Violation of law also exposes the employees and student to criminal charges and/or arrest. Students should be aware that local police agencies monitor and record criminal activity by students at off-campus locations officially recognized by the institution such as student organizations with off-campus housing facilities. There is close cooperation between The New School Security Department and the local New York City Police Department 6th and 9th Precincts - The Transit Bureau Patrol Borough Manhattan South Manhattan District Attorney's Office Fire and Traf?c Departments Area Schools Community Board and neighborhood organizations in promoting a safer environment. The New School Security Department is comprised of three levels: DIRECTOR OF SECURITY The Director of Security is responsible for planning, directing and implementing guidelines pursuant to established college security policies to ensure that there is adequate security on campus. ASSISTANT DIRECTOR OF SECURITY The Assistant Directors of Security are responsible for Administration and training, Fire Safety, evening?Operations and well as the day-to-day oversight of the Security Supervisor and Security Of?cers. SUPERVISORS Under the direction of the Campus Director of Security and the Assistant Directors of Security, the Supervisors serve as first line supervisors of the Campus Security Officers at The New School. They direct and supervise security officers engaged in preserving a peaceful atmosphere and prowding security for University facilities. They ensure a secure and safe presence is provided on campus to maintain order and to safeguard life and property. SECURITY OFFICERS Security Of?cers are an integral part of the New School University's initiatives. They perform appropriate regulatory and enforcement duties on University property, in conformance with existing regulations. They are assigned to lobby entrances in all university buildings and patrol designated building, grounds, facilities and installations on campus in order to protect University personnel and facilities against the hazards of fire, accidents, theft, acts of vandalism and intrusion by outsiders. The officers do not have arrest powers. BACK TO TOP Procedure for the Investigation of Violent Felonies and Reports of Missing Students on Campus Upon noti?cation of a situation, which involves either a violent felony or a missing persons report, the Director of 6/1 5/201 1 security Department Page 4 of 13 SeCurity will immediately respond to the location. If he determines that the incident is a violent felony offense described under sub-division one of section 70.02 of the New York State Penal Law or a missing persons, the New York City Police Department will be noti?ed as soon as possible. The Director will interview the complainant, detain witnesses, secure the crime scene and set up a temporary headquarters, if applicable. When the police arrive at the scene, they will be in control of the investigation. The New School Security Department will supply pertinent information and cooperate fully with the New York City Police Department. All information obtained during the Security Director's initial interview or follow up investigation will be given to the Detective handling the case. BACK TO TOP Sexual Harrassment Policy The New School, as well as its individual divisions, is committed to a policy of equal opportunity in all its educational activities, administration, scholarship and loan programs and employment. It does not discriminate on the basis of race, color national or ethnic origin, citizenship status, religion, sex, sexual orientation, age, mental or physical disability, veteran or marital status. As a necessary part of its commitment to create and sustain an environment free of any kind of discrimination, the New School University commits itself to prohibit sexual harassment and to confront and deal with it, when it occurs. Sexual harassment is defined in this policy and procedures have been established for responding to concerns, allegations, and questions about sexual harassment brought by any member of the University community. The University's goal is to create a community free of sexual harassment. To do so requires good judgment, awareness, and intelligence. To sustain this kind of community also requires directness and clarity, Since many members of the community may not immediately recognize instances of sexual harassment and the consequences of such conduct on individuals and the community. In order to achieve the goal of a community free of sexual harassment, standards of behavior and procedures for dealing with breaches of those standards must be established and implemented within the contents of academic freedom. Education of the community on this issue will also be necessary. The University seeks to sustain a high standard of behavior and to correct breaches of that standard, regardless of whether the offending behavior would meet external legal standards of the term sexual harassment. Our goal is to deal directly and clearly with this complex issue. As in the case of any disciplinary issue, formal procedures may be invoked when complaints cannot be resolved informally. DEFINITION OF SEXUAL HARASSMENT Sexual harassment is conduct that exploits power or authority in order to elicit sexual submission, or inappropriate sexual conduct that creates an intimidating hostile or abusive environment for working, learning or enjoying other opportunities and activities. Sexual harassment can include a wide range of behaviors, from the actual coercing of sexual relations to inappropriate sexualizatlon of the working or learning environment with words, materials or behavior. It may involve women being harassed by men, men being harassed by women, or harassment between persons of the same sex. The Federal Equal Employment Opportunity Commission (EEOC) has issued guidelines that provide a basic de?nition of sexual harassment. While the (EEOC) apply only to faculty and other employees, the University prohibits sexual harassment of any member of the University community, whether such harassment is aimed at students, faculty or other employees. Based upon the EEOC guidelines, and for the purposes of this policy, sexual harassment is de?ned as unwelcome sexual advances, request for sexual favors, and other expressive or physical conduct of a sexual nature, where: 0 Submission to such conduct is explicitly or implicity made a term or condition of employment or status in a course, program or activity; or 0 Submission to 0r rejection of such conduct is used as a bass for an empIOyment or academic decision affecting the individual, or for a decision regarding an lndividual's status in a course, program or activity; or 0 Such conduct has the purpose or effect, when judged from the perspective of a reasonable person in 6/ 1 5/201 1 Security Department Page 5 of 13 the position of the complaining Individual, of creating an Intimidating, hostile or offensive environment for working, learning, or enjoying other University oppOrtunities, programs and activities. BACK TO TOP Guidelines for Dealing with Issues of Sexual Harassment and Discrimination Harassment These guidelines are for members of the University including faCUtty. students, and administrative staff. For union employees, the University?s sexual and discriminatory harassment policies have been incorporated within the Current collective bargaining agreement with the when local. There are two different procedures to be followed depending upon the status of the employee bringing a Claim of having been sexually or discrimlnatorily harassed. If a claim is brought by an employee of having been sexually harassed while in the status of a union empIOyee, it will be handled through the grievance machinery estabiished In the collective bargaining agreement. If the claim is brought by a member of the University while in the status of a student, administrative staff or faculty member, the sexual and discriminatory procedures be followed. BACK TO TOP Campus Crime Statistic Reports The New School - CRIME STATISTICS NON- REPORTED HATES ON CAMPUS PUBLIC TOTAL CRIMES CRIMES CAMPUS BUILDING PROPERTY RESIDENCE CRIMES CRIME CATEGORY MURDER 0 0 0 0 0 0 FORCIBLE SEX OFFENSES NON-FORCIBLE SEXOFFENSES ROBBERY 1 5 I 5 AGGRAVATED 0 1 ASSAULT 1 0 0 0 VBURGLARY 10 4 104 MOTOR VEHICLE 0 1 0 0 1 v1 THEFT 1 0 VII MANSLAUGHTER HATE CRIMES 0 0 0 0 0 ARSON 0 0 0 0 0 0 LIQUOR LAW 0 59 79 69 164 Ix VIOLATIONS 79 69 162 DRUG-RELATED 0 54 39 S4 146 VIOLATIONS 39 54 146 0 WEAPONS 0 possessrons 0 0 0 TOTAL HATE 0 CRIMES 0 MANNES COLLEGE THE SCHOOL FOR MUSIC CRIME STATISTICS NON- REPORTED HATES ON CAMPUS PUBLIC TOTAL CRIMES CRIMES CAMPUS BUILDING PROPERTY RESIDENCE CRIMES CRIME CATEGORY 000 6/1 5/201 1 Security Department Page 6 of 13 FORCIBLE SEX II OFFENSES NON-FORCIBLE 0 0 0 0 0 SEX OFFENSES 0 0 0 0 ROBBERY AGGRAVATED IV ASSAULT BURGLARY MOTOR VEHICLE I THEFT VII MANSLAUGHTER HATE CRIMES - (UNTIL 10/98ARSON LIQUOR LAW IX VIOLATIONS DRUG-RELATED VIOLATIONS WEAPONS POSSESSIONS TOTAL HATE CRIMES BACK TO TOP Sexual Harassment Advisory Panel and Reporting Procedures The University-Wide Committee on Harassment Is a standing committee of ?fteen (15) persons selected annually by the provost of the University. The Committee shall consist of seven faculty (one from each academic division) selected from nominations submitted by the Deans of the academic divisions; three, administrative staff members at large selected from nominations, submitted by the Executive Vice President, three part-time faculty members from nominations submitted by the Vice-president for Program Development; and three students (one undergraduate, one full-time graduate student, and if possible, one traditional part-time student) selected by the Vice President for Student Affairs. A panel of ?ve (5) Committee members will be selected to hear each case referred to the University-Wide Committee on Harassment. FUNCTIONS OF THE PANEL To help educate the University Community about sexual harassment, and to assist in the informal resolution of complaints of sexual harassment, including complaints of an alleged sex offense, brought by students, faculty and staff at The New School. To provide a formal procedure, with full respect for due process, for formal complaints of sexual harassment brought by The New School Community members and to Investigate formal complaints fairly, thoroughly and expeditiously. The Panel will report its ?ndings and recommendations for corrective action to the Provost. REPORTING INCIDENTS Students, staff and faculty may report potential harassment problems or concerns to the Security Department located at 55 West 13th Street, Mezzanine, telephone no. 212.229.5101 or Security personnel on duty or to any college officer, supervisor or members of the faculty. NOTE: THE ARE TIME LIMITS FOR FILING COMPLAINTS. EXPLORE YOUR OPTIONS AND PROTECT YOUR RIGHTS. 6/ 1 5/201 1 security Department Page 7 of13 DISCIPLINARY ACTION The purpose of any recommended corrective action to resolve a formal complain will be to correct or remedy the injury. When the panel concludes the case requires a penalty, it shall use the basic structure of penalties commOn to established protedures at the in increasing order of severity depending on the nature or gravity of the violation of University policy. (Far students, faulty, or staff these penalties have different significance and practical consequences.) The basic structure of penalties is: 1) warning - verbal andlor written; 2) censure; 3) disciplinary probation; 4) suspensiOn; 5) dismissal; 6) any of these penalties may be combined with a recommendation that the alleged harasser seek professional counseling; 7) the panel may suggest other penalties, as appropriate. BACK TO TOP Sex Offenses The following are sex offenses taken from the New York Sate Penal Law. All are crimes in New York Sate and punishable by ?nes or imprisonment, or both: SECTION 130.20 SEXUAL MISCONDUCT A person is guilty of sexual misconduct when: 1. Being a male, he engaged in sexual intercourse with a female without her consent, or - 2. He engages in deviate sexual intercourse with another person without the iatter's censent, or - 3. He engages in sexual conduct with an animal or a dead human body., Sexual misconduct ls a class A misdemeanor SECTION 130.25 - RAPE IN THE THIRD DEGREE A person is guilty of rape in the third degree when: 1. He or she engages in sexual intercourse with another person to whom the actor is not married who is incapable of consent by reason of some factor other than being less than seventeen years Old. or - 2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person to who the actor is not married less than seventeen years old. Rape in the third degree is a class felony SECTION 130.30 RAPE IN THE SECOND DEGREE A person ls guilty of rape in the second degree when: 1. Being eighteen years old or more, he or she engages in sexual intercourse with another person to whom the actor is not married less than fourteen years old. Rape in the third degree is a class felony SECTION 130.35 RAPE IN THE FIRST DEGREE A male is guilty of rape in the degree when he engages In sexual intercourse with a female: 1. By forcible compulsion, or - 2. Who is incapable of consent by reason of being physically helpless, or 3. Who is less the eleven years old. Rape in the ?rst degree Is a class felony BACK TO TOP 6/ 1 5/201 1 Security Department Page 8 of 13 Sex Crimes Prevention Act As per the Sex Crimes Prevention Act, all Institutions of higher learning must advise the campus community where law enforcement agency information, provided by the state concerning registered sex offenders, may be obtained. This information may be obtained at A search may be done by zip code, county, or name. BACK TO TOP Procedure for Reporting Rape: 0n and Off Campus NOTE: IF YOU ARE THE VICTIM 0F RAPE OR SEXUAL ASSAULT, IT IS RECOMMENDED THAT YOU FOLLOW ONE OF THE FOLLOWING APPLICABLE PROCEDURES. PROCEDURE FOR REPORTING ON CAMPUS 0 Go to the hospital and see a doctor immediately for treatment of any injuries and for other tests, which can provide important medical evidence. 0 Do not bathe, shower, or change clothes before you receive medical attentions. 0 Seek counseling, whether or not you report the rape and press charges, you should consult a trained rape~crises counselor. PROCEDURE FOR REPORTING OFF CAMPUS Allegations of sexual assault or rape occurring off campus should be reported at once to the New York City Policy Department. The New School security will assist in such reporting if requested. RAPE HOTLINE: 212.267.7279 BACK TO TOP Missing Persons The University wants to ensure that there are adequate procedures to ensure that reports of missing students are properly investigated. To aid such investigation, the University strongly encourages each student to identify an indiVIdual (?Con?dential Contact Designee") who may be contacted by the University no later than 24 hours after the time that the student is determined to be missing in accordance with the notification procedures described below. Each academic year, students will be asked to update this designation Via the attached registration form. The information listed on this registration form will be kept con?dential. Students wull also be able to update this designation during the academic year. Each student should ensure that their Confidential Contact Designee is someone with whom the student maintains regular contact and is likely to have knowledge of the student whereabouts and the student?s contact information. Any member of the University community who believes that a student is should immediately complete an Incident Report and submit that report to the Security Department and the Assistant Vice President for Student Affairs. The Incident Report should include all available information that would in locating the student. Upon a report that a student is missing, the ?rst step will be an attempt to contact the student using the contact information provided to the University by the student in registering for the University Alerts System. If the missing student does not contact the University within 4 hours of the Alert Notice, the University will contact the Student's Con?dential Contact Designee. If the missing student does not contact the University within 20 hours 6/ 1 5/201 1 Security Department Page 9 of 13 of the University?s contact with the student?s Con?dential Contact Designee, the University will notify the local authorities that the student has been missing for 24 hours. If the student is less than 18 years old and is not an emancipated individual the University will also notify the student?s parents. if located, the student's health and well-being will be of the utmost priority. If apprOpriate, referral will be made to Student Affairs. Student Affairs and University Security will assist local law enforcement in all ways prescribed by law. BACK TO TOP Policies on Alcoholic Beverages and the Use, Sale and Possesion of Illegal Drugs It is the policy of The New School that: The unlawful manufacture, distribution, possession or use of Illicit drugs or alcohol is strictly prohibit on university property and [or while on of?cial duty and/or as part of any university activities. Any action or situation which recklessly or intentionally endangers mental or physical health or involves forced consumption of liquor or drugs for the purpose of initiation or af?liation with any organization is prohibited. The Legal age for drinking alcohol in New York is 21, and state laws deal with underage drinking. It is also against the law in New York State to sell or give away alcohol to anyone under the age of 21. Sanctions (consistent with local, state, and federal law) will be imposed on students and employees for violations of this policy. Sanctions may include disciplinary actions up to and including expulsion, termination of employment and referral for prosecution. Employees of the University must also notify the University Human Resources Director of any criminal drug statute conviction for a violation occurring in the workplace not later than ?ve (5) days after such conviction. Every member of the university community are fully expected to abide by state and federal laws pertaining to controlled substances, illicit drugs and use of alcohol. BACK TO TOP Drug and Alcohol Abuse Referrals Services and Assistance Programs The university will organize educational programs and events that address the issues and health risks associated with alcohol and drug abuse. The University will provide referrals and information on alcohol and drug assistance programs for faculty, students, and staff. Resources currently available for those in need of assistance for alcohol and drug problems include the following: On Campus Services University Human Resources Of?ce 212.229.5671 Student Rigths and Responsibilities 212.229.5349 Off Campus Services Alcohol Abuse Advnsory and Consultation Center 212.971.9213 Alcohol Council of Greater New York 212.979.6277 Alcoholics Anonymous 212.683.3900 National council on Alcoholics 212.206.6770 St. Vincent's Alcohol Outpatient Clinic 212.790.8273 Beth Israel Hospital Substances Abuse Information Center 6/15/20] 1 Security Department Page 10 of 13 212.420.2012 Alanon (support group for friends and relatives of alcoholics) 212.260.0407 Narcotics Anonymous 212.601.5817 Cocaine Hotlines 1 (800) 1 (800) COCAINE BACK TO TOP Weapons Policy No one within The New School community shall have in their possession a rifle, shotgun, ?rearm, or any other dangerous instrument or material that can be used to inflict bodily harm on an individual or damage to a building or campus grounds. BACK TO TOP Hate Crimes It is a violation of Federal, state and city laws as well as University policy to engage in ?hate crimes? de?ned as violence, Intimidation and/0r destruction of property against a person based in whole or substantial part because of a belief or perception regarding that person?s race, color, national origin, ancestry, gender, religion, religious practices, age, disability and/or sexual orientation regardless of whether the belief or perception is correct. Those who engage in hate crimes may be exposed to criminal prosecution as well as disciplinary action under the University's Code of Conduct. View more information on New York State Laws pertaining to hate crimes online. a. Any person wishing to report hate/bias related crimes that occur on campus should immediately contact the Director of Security. b. Counseling and other support services will be available to victims of hate/bias related crimes. c. The University?s policy on Discriminatory Harassment has been updated to expllotiy cover hate/bias related crimes. BACK TO TOP Campus Security Crime Prevention Program The New School Security Department has established an active crime prevention program to educate students and employees on the steps to take to ensure their own safety and the safety of others on the campus and its environs. The Security Department publishes the a periodical crime prevention tips and campus crime statistics. Security personnel address various entities of the college community regarding public safety issues. These quarterly presentations are made to students, clubs, fraternities sororities, student governments, professional staff, faculty, and their unions. Lastly, the Security Department provides Campus Advisories and other releases to the student press and radio on specific security incidents. An open Campus Police Log is available in the Security Department's office which contains information on crimes on or around campus. This log is open to the public. BACK TO TOP Campus Crime Statistics 6/15/201 1 Security Department Page 11 of13 The Security Department submits crime reports to the New York State Department of Criminal Justice Services through the office of the University Director of Security. These data are then submitted to the United States Department of Justice for the Uniform Crime Report. The statistics are compiled and disclosed annually in the Campus Security Guide. The annual crime statistics are also available at the Security Department's office. The Crime Statistics report reflect the number of on?campus offenses reported to the college officials according to the reporting periods required by the Title II Crime Awareness and Security Act. The definition for these offenses can be found in the Uniform Crime Reports which are located on pages 13, 14 and 15 of this guide. BACK TO TOP For Questions and Information Visit the Offices of Student Rights and Responsmilities 79 Fifth Avenue, 5th ?oor New York, NY 10003 Telephone: 212.229.5349 International Student Services 79 Fifth Avenue, 5th ?oor New York, NY 10003 Telephone: 212.229.5592 University Ombuds Of?ce 65 Fifth Avenue, room 214 New York, NY 10011 Telephone: 212.229.8996 University Human Resources 79 Fifth Avenue, 18th ?oor New York, NY, 10003 Telephone: 212.229.5671 Student Financial Servuces 65 Fifth Ave, Fl. Room 114 New York, NY 10003 Telephone: 212.229.8930 Student Health Services Henry and Louise Loeb Residence Hall 135 East 12th Street, 2nd Floors New York, NY 10003 Telephone: 212.598.4796 REMEMBER REPORT A LOSS OR A THEFT TO THE OFFICE OF CAMPUS SECURITY LOCATED AT 55 WEST 13TH STREET, MEZZANINE. BACK TO TOP Smoking Policy The New School HAS A POLICY. THERE IS NO SMOKING ALLOWED IN ANY OF THE BUILDINGS ON CAMPUS. 6/15/2011 Security Department Page 12 of 13 BACK TO TOP Fire or Emergency Evacuation Drills The Security Department conducts Emergency Evacuation Drills (also known as Fire Drills) in all The New School Buildings on a periodic basis. Emergency Drills are timed and monitored for effectiveness. We understand that it IS an inconvenience for some occupants, but life safety is a critical issue. We appreciate your understanding and cooperation. PULL DOWN LOCAL FIRE ALARM it is a violation of New York State Law to fail to leave a building when the fire alarm is sounding. Always assume it iS a real emergency and leave the budding. It is unlawful for any person to prevent, or order another person from leaving the building when the alarm is sounding. Faculty are not permitted to keep class in session during such emergency conditions. FALSE ALARMS AND CRIMINAL ACTIVITY Activating the building's fire alarm system, discharging a fire extinguisher, setting fires, and vandalizing ?re equipment is NOT funny. It is dangerous and against the Law. Person (5) found to be doing theses things Will be prosecuted to the full extend of the law and disciplined through the university's disciplinary procedures. If anyone has any information regarding the above noted illegal activity, they should contact the Security Department. if you have any questions about the Emergency Evacuation Drills or ?re safety, please contact the Director of Security at 212.229.5101. Brochures detailing the university's Emergency and Fire Evacuation Drill procedures are available at the Security post in all university buildings and at the Security Director's Of?ce. BE A PROTECT YOUR VALUABLES TAKE YOUR PROPERTY WITH YOU THIS COMMUNITY BELONGS TO ALL OF SECURITY DEPARTMENT Thomas A. iliceto, Director 55 West 13th Street, Mezzanine TelephOne: 212.229.5101 BACK TO TOP 6/ 1 5/201 1 ocou-uiy ucpzu'uncm Page 13 of 13 Fire Safety Statistics Fire Statistics Residential Building Date of Fire Cause of Fire Injuries Deaths Property Value 84 William St. 3/11/2009 Towel on Heater 0 0 $350.00 118 W. 13th St. 5/9/2009 Halogen Light 0 0 $350.00 William St. fire occurred on 3/11/09 at approximately 8: 15 AM. Student draped a towel on illegal heater which caused the towel to smolder. Student removed towel and tried to out out the fire in the shower. The movement caused the towel to free flame-student evacuated the room, the ?re alarm was pulled and Fire Department responded. Damage limited to the bathroom. 118 St. fire occwred on 5/9/09 at approximately 7:30 PM. Student left halogen clamp on light {not isn't allowed as per handbook) on head board of bed. Clamp slipped, causing the light to come in contact with the sheets/mattress of bed. Student next door smelled odOr of smoke, facilities called and fire extinguished. Damage limited to sheets, head board and mattress. Building Building Fire Alarm Room Detection Central Office Sprinkler Standpipe 135 E. 12th St13th St20th StWilliam St. YES YES YES YES YES Stuyvesant NO YES NO NO YES 23rd St15th St. YES YES YES YES YES Housing supplies portable heaters as needed. All buildings with approved Fire Atarms have 4 ?re drills per year. No smoking or open flames are allowed in any student housing. All residents receive Fire Safety Plans as per New York City rules. Ail students must attend a 1 hour fire safety orientation. RHD and RA are given a one hour walk thru in their assigned buildings on ?re safety and evacuation procedures. ALVIN Webmail New School Online Libraries Contact Us 1 Status Faculty 8: Staff Directory Copyright 2008 The New School 6/1 5/201 1