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The City University of New York Policy on Sexual Misconduct

Reporting and Prevention of Dating Violence, Domestic Violence, Sexual Assault and Stalking
CUNY prohibits the offenses of dating violence, domestic violence, sexual assault and stalking (as defined by the Clery Act) and reaffirms its commitment to maintaining a campus environment that emphasizes the dignity and worth of all members of the university community.  Toward that end, Hostos Community College issues this statement of policy to inform the campus community of our programs to address domestic violence, dating violence, sexual assault and stalking as well as the procedures for institutional disciplinary action in cases of alleged reports.   The City University of New York Policy on Sexual Misconduct is attached to the end of this report.  The Policy can also be accessed by clicking the following link:  CUNY Sexual Misconduct Policy.

The City University of New York Policy on Sexual Misconduct
Sexual Misconduct as defined in CUNY’s Policy, including sexual harassment and sexual assault, stalking, domestic and dating/intimate partner violence, as defined in CUNY’s Policy and as defined under the Clery Act and New York State Law, are prohibited. Please see below and CUNY’s Sexual Misconduct Policy for definitions of these and other terms. Allegations of sexual misconduct, including sexual assault, sexual harassment, stalking, or domestic, dating and intimate partner violence should be reported to one of the individuals listed below:

 Reporting methods other than listed above

  1. Calling the Department of Public Safety’s emergency telephone line extension 718-518-6888 or Emergency extension 6911 or 6888 which may be dialed within the college’s telephones.

  2. Report the information to any member of the Department of Public Safety or in person at the Public Safety Office located in the East Academic Building, Room C-030.

  3. Victims or witnesses may report crimes to persons designated as Campus Security Authorities who will then forward only the report of the crime – without divulging the name of victim or witness – to the Department of Public Safety for inclusion in the annual crime report. Names and numbers of Campus Security Authorities are located on pages 3 and 4 of this report. The College recognizes the importance of confidentiality to victims and witnesses of crimes. For the purposes of providing crime statistics pursuant to the Campus Security Act in the College’s Annual Security Report, victim and witness information will remain anonymous. However, complete confidentiality cannot be guaranteed in all other contexts. The College reserves the right to notify the police when it believes that such reporting is necessary for the protection of the College Community.  In many cases however, that notification will be done without divulging the victim’s identity and will be done only for the purpose of providing a campus-wide alert.

  4. In the event that the situation you observe or are involved in is of an extreme or life- threatening nature, call 911. However, if you make a 911 call, also notify the Department of Public Safety. They will assist and direct the police along with other responding emergency personnel.

Prevention Education Programs
Hostos Community College is committed to creating a community free from Sexual Misconduct. Hostos Community College has developed materials and programs to educate its students, faculty and staff on the nature, dynamics, common circumstances and effects of Sexual Assault, Domestic Violence, Dating Violence and Stalking, and the means to reduce their occurrence and prevent them. These programs are offered to incoming freshmen and transfer students during fall and spring orientation sessions. The Title IX Coordinator and the Vice President for Student Affairs offices provide this training to student activity groups, clubs, and athletic teams. Prevention education materials are distributed to all students during campus orientation activities. 

SPARC, or the Sexual and Interpersonal Violence Prevention and Response Course, is mandated for all incoming and transfer students, and is offered to all other students through an easily accessible online portal. This program educates students on key information such as the definition of affirmative consent, where to go on campus if they, or someone they know, have been affected by Sexual Misconduct, and what resources are available to them for assistance. The course is custom tailored so that students will receive their specific campus’s contact information for Public Safety, Title IX Coordinator, Campus Health Services, Mental Health Counseling Center, and Office of Student Affairs.  Additionally, CUNY added an alcohol education module to make sure students understand the dangers of irresponsible alcohol consumption and how it relates to sexual violence. ESPARC. or the Employee Sexual Misconduct Prevention and Response Course, is a mandated annual training to inform employees how to identify, prevent, and respond to Sexual Misconduct in the workplace. In addition, to educating employees on the various CUNY policies related to these topics, it also identifies where to go, and with whom to speak, if they, a student, a colleague, or subordinate, experiences Sexual Misconduct. Additionally, it gives examples of conduct that may constitute Sexual Harassment, and informs employees that they may also seek legal redress from outside agencies. Each campus’s online course informs participants who is responsible at their specific campus for investigating Sexual Misconduct and provides up to date contact information for those individuals. 

In addition, Hostos Community College provides workshops throughout the year related to the prevention and handling of sexual assaults, stalking and domestic/intimate partner violence for all relevant personnel, including public safety officers, counselors, and student affairs staff by Safe Horizon, the Family Justice Center and Bronx County District Attorney Victim Services Unit. 

Faculty and staff are all welcome to attend the workshops as well. The Public Safety Department has a number of NYS Certified General Topics instructors which are the designated liaison for additional trainings on campus. The Public Safety Department is available to provide with such education programs upon request. The Public Safety Department conducts prevention education training on domestic violence, dating violence awareness, bullying, active shooter response, emergency preparedness, stranger danger for children in the Day Care Center and other general crime prevention topics. If you would like to schedule an education program for a specific group, please contact Public Safety at 718-518-6888 in advance. 

More information and resources about campus safety, sexual assault and harassment, domestic/intimate partner violence, stalking and dating violence can be found at: CUNY Title IX Website 

CRIME REPORTING PROCEDURE

Faculty, staff, students, and others who may be on campus or on the contiguous geographic perimeter of the campus are encouraged to promptly report any past crime, attempted crime, or actual criminal activity to the Public Safety Department. The Department will expeditiously respond to the reported condition and make necessary notifications to the local police precinct when appropriate. Criminal activities, as well as other emergencies, can be reported by: 

  1. Calling the Public Safety Department’s emergency telephone line (718) 518-6888 or emergency extension 6911 or 6888 which may be dialed within the college’s telephone system.

     

  2. Reporting the information to any member of the Public Safety Department or in person at the Public Safety Office located in the basement of the East Academic Building, 450 Grand Concourse, Room C030.

     

  3. Our counselors are strongly encouraged, when they deem it appropriate, to inform the persons they are counseling of all procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.

     

  4. Victims or witnesses may report crimes to persons designated as Campus Security Authorities, who will then forward only the report of the crime without divulging the name of victim or witness to the Department of Public Safety for inclusion in the annual crime report. Names and numbers of Campus Security Authorities are located in the previous section of this report. The College recognizes the importance of confidentiality to victims and witnesses of crimes. For the purposes of providing crime statistics pursuant to the Clery Act in the College’s annual crime report, victim and witness information will not be included. However, complete confidentiality cannot be guaranteed in all other contexts. The College reserves the right to notify the police when it believes that such reporting is necessary for the protection of the College community. In many cases, however, that notification will be done without divulging the victim’s identity and will be done only for providing a campus-wide safety alert.

     

  5. A Consultation and Assessment Team (CAT), has been created to identify, investigate, assess, refer, monitor and take action in response to behaviors exhibited by a member of the college community that may pose a threat. The purpose of CAT is to provide for the safety, health, and well-being of all its students, faculty, and staff. You can obtain more information on CAT and make a CAT referral by going to the following web page: http://www.hostos.cuny.edu/cat

     

  6. In the event you observe or are involved in an extreme or life-threatening situation call 911, the New York City emergency phone number. A call should also be made to the college Public Safety Department at X6888 to expedite and direct responding emergency personnel to your location. 

Hate Crime and Bias Related Incidents
Bias or hate crimes are crimes motivated by the perpetrator's bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, color, creed, national origin, ethnicity, ancestry, religion, age, sex, sexual orientation, gender, gender identity, disability or alienage.  Bias-related incidents are behaviors which constitute an expression of hostility against the person or property of another because of the targeted person's race, color, creed, national origin, ethnicity, ancestry, religion, age, sex, sexual orientation, gender, gender identity, disability or alienage. According to New York Penal Law Section 485, a person commits a hate crime when he or she commits a specified criminal offense and either:

  1. Intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or

  2.  Intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct. 

Examples of hate crimes may include, but are not limited to: threatening phone calls, hate mail (including electronic mail), physical assaults, vandalism, destruction of property, and fire bombings. Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous conviction of the offender. Students, staff or faculty who commit bias crimes are also subject to University disciplinary procedures and a range of sanctions up to and including suspension, expulsion or termination of employment. 

Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous conviction of the offender. Students, staff or faculty who commit bias crimes are also subject to University disciplinary procedures and a range of sanctions up to and including suspension, expulsion or termination of employment.  In order to effectively handle incidents of bias related crimes and prevent future occurrences of such crimes, victims or witnesses of a hate crime are encouraged to immediately report the incident to the Public Safety Department.  Victims of bias crime can also avail themselves of counseling and support services through the Office of Student Services. 

There were no reported Hate Crimes for the years 2021 and 2023. There were two reported Hate Crimes in 2022. 

Investigation of Violent Felonies
In accordance with New York State Education Law, Hostos Community College Public Safety Department maintains a plan for the investigation of violent felonies, which includes coordination with appropriate law enforcement agencies. In addition, in compliance with New York State Law and subject to applicable federal law, including, but not limited to, the federal Campus Sexual Assault Victims’ Bill of Rights under Title 20 U.S. Code 1092 (f) which gives the victim of a sexual offense the right to-decide whether or not to report, Hostos Community College will notify the appropriate law enforcement agency within 24 hours of receiving a report of a violent felony. 

The Public Safety Department conducts investigations involving CUNY rules and policies.  These investigations may involve students, staff and visitors of the college.  If necessary, further review and action may be referred to the Office of the Vice President for Student Affairs, Human Resources or other administrative staff. 

Clery Crime Log
All crimes that are reported to the Hostos Community College Public Safety Department are annotated in the Public Safety Crime Log. All reportable criminal incidents are logged into the book provided that they occurred in the reportable geographic area of the college campus (on campus and public property), whether or not they are Clery-classified. It includes the following information: 1) date crime was reported, 2) date and time of the incident, 3) the nature of the crime, 4) the general location of the crime, 5) the disposition, if known and 6), special notes. The Clery Compliance Officer maintains the crime log and updates it on a daily basis. Any faculty, staff, student, visitor or vendor can view the crime log which is kept in the Public Safety Office C-Building, Room C-030, during normal business hours. The log is in hardcopy format. The log is updated less than two business days after the latest report comes in. If no reports are made during 30 calendar days, it is automatically updated. The log contains incidents for the past 2 calendar years. If you wish to review entries as far back as 7 calendar years, please make this request in person or call the office at 718-518-6888. Your request will be granted within two regular business days.  Information may be temporarily withheld from the log when it would jeopardize an ongoing investigation, jeopardize the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence. 

Campus Security Authorities
Members of the college community may make reports of crimes and security incidents to Campus Security Authorities.  Campus Security Authorities are considered “Officials” of the college who have a significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings.  An official of the college is also defined as any person who has the authority and duty to act or respond to particular issues on behalf of the institution.  Each year, the Public Safety Department requests data, via campus e-mail, from any of the persons designated as Campus Security Authorities by the very nature of their official capacity and role at the college.  Any report or information received from the designated Campus Security Authorities is used for inclusion in the Annual Security Report.  

Campus Security Authorities include: 
SVP of Administration and Finance, Esther Rodríguez-Chardavoyne 718-518-4308, G- Building Room G-200
VP of Academic Affairs & Provost, Shiang-Kwei Wang, 718-518-4277, B-Building Room B-405
VP of Student Development & Enrollment, Dr. La Toro Yates, 718-518-4264, D-Building Room D-102H
Assistant Dean of Student Life, Johanna Gomez, 718-518-6556, Savoy Building, Room D-101D
VP of Continuing Education & Workforce Development, Evelyn Fernandez Ketchum, 718-518-6580, A-Building, Room A-339B
VP of Institutional Advancement, Colette Atkins, 718-518-4394, D-Building, Room D-204
Director of Athletics, Brent Wilson, 718-664-2748, C-Building, Room C-383
Director of Student Activities, Jerry Rosa, 718-518-6561, C-Building, Room C-371
Executive Director of Human Resources, Christine Dias-Singh, 718-518-6655, B-Building, Room B-211A
Director of CLIP, Silvia Reyes, 718-518-6637, 590 Exterior Street, Room E-101
Director of CUNY S.T.A.R.T Program, Andrea Gabbidon-Levene, 718-518-2604, B-Bldg., Room B-208A
Director of ASAP, Siddique Mohamed, 718-518-6625, M-Building, Room M-246
Director of Health & Wellness, Fabian Wander, 718-518-4348, D-Building, Room D-101D
Director of Liberty Partnership, Alex Santana, 718-518-4189, C-Building, Room C-491
Student Leadership Coordinator, Jason Libfeld, 718-518-6541, C-Building, Room C-392
Director of College Now Program, Elizabeth Wilson, 718-518-6839, C-Building, Room C-360
Associate Dean of Community Relations, Ana García Reyes, 718-518-4313, A-Building, Room A-337
Director of Children’s Center, Catherine Garcia-Bou, 718-518-4175, A-Building, Room A-109
Director of College Discovery, Paola Veras, 718-518-4362, Savoy Building, Room D-101Director of Academic Learning Center/Student Success Coaching Unit. Jason Pelosi, 718-664-2567, M-Building, Room M-242
Director of CUNY EDGE Program, Veronica Vidal, 718-518-4475, A-Building, Room A-334 

Reporting and Prevention of Sexual Misconduct including Sexual Assault, Sexual Harassment, Stalking and Dating Violence and Domestic Violence 

The City University of New York policy on Sexual Assault is attached to the end of this report.  The policy can also be accessed by clicking the following link:  CUNY Sexual Misconduct Policy 

Allegations of Sexual Misconduct including Sexual Harassment, Sexual Assault, Stalking, or Domestic and Dating Violence should be reported to one of the individuals listed below.   

Title IX Coordinator Philip Oliveri, A-Building Rm. A336, 718-518-4284, poliveri@hostos.cuny.edu     
Director of Public Safety Chief Arnaldo Bernabe, C-Building Rm. C030, 718-518-6880, abernabe@hostos.cuny.edu
Vice President of Student Development & Enrollment, Le Toro Yates D-Building, Rm.102-H, 718-518-4264, lyates@hostos.cuny.edu
Executive Director of Human Resources Christine Dias-Singh, B-Building, Rm B-211A, 718-518-6655, cdias-singh@hostos.cuny.edu

For more detailed information on CUNY’s Sexual Misconduct Policy including community and campus specific resources, please also see CUNY policies, Getting Help, Understanding and Preventing Sexual Assault and Sexual Harassment at Campus Title IX Webpages and click on the campus you would like more information on. 

Definitions of Sexual Assault, Dating Violence, Domestic Violence and Stalking under New York State Law
This information is provided for educational and awareness purposes. Please note that CUNY procedures and standards differ from those of criminal law. These definitions are also different than the definition used for reporting pursuant to the Clery Act. 

Sexual Assault
According to federal statute, sexual assault is an offense that meets the definition of rape, fondling, or statutory rape, as used in the FBI’S Uniform Crime Reporting (UCR) program. Under the UCR: 

Rape
Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 

Fondling
Fondling is the touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. 

Incest
Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 

Statutory rape
Statutory rape is sexual intercourse with a person who is under the statutory age of consent. 

Domestic Violence
According to federal statue, “domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under domestic or family violence laws of [New York], or by any other person against an adult or youth victim who is protected from that person’s act under the domestic or family violence laws of [New York]”. 42 U.S.C 13925(a).

Dating Violence
According to federal statute, “dating violence” means violence committed by a person:

(A) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and(B) Where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship.
(ii) The type of relationship.
(iii)The frequency of interaction between the persons involved in the relationship, 42 U.S.C 13925 (a).

 For the purpose of this definition:

  1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

  2. Dating violence does not include acts covered under the definition of Domestic violence.

CUNY’s Sexual Misconduct Policy further defines Dating, Domestic and Intimate Partner Violence as:
A pattern of coercive behavior that can include physical, psychological, sexual, economic abuse, perpetrated by one person against an intimate partner. Such violence may occur in all kinds of intimate relationships, including married couples, people who are dating, couples who live together, people with children in common, same-sex partners, and people who were formerly in a relationship with the person abusing them. 

Stalking
A person is guilty of stalking in the fourth degree (Penal Law 120.45) when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person and knows that would cause a reasonable person to:

(A) Fear for his or her safety or the safety of others; or
(B) Suffer substantial emotional distress”. 42 U.S.C 13925 (a).

For the purpose of this definition:

  1. Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly or indirectly, through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

CUNY’s Sexual Misconduct Policy further defines Stalking as:
Intentionally engaging in a course of conduct directed at a specific person with whom the perpetrator currently has, previously has had, or desires to have, some form of sexual or romantic relationship, that: 

  1. Is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or

  2. Cause material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or

  3. Is likely to cause such person to reasonably fear that her/his employment, business or career is threatened, where such conduct consists of appearing, telephone or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.

Stalking in the fourth degree is a class B misdemeanor and punishable by up to 6 months in jail. The New York State Penal Law also defines Stalking in the third degree (120.50); Stalking in the second degree (120.55) and Stalking in the first degree (120.60); which are classified based on the severity of the conduct and other aggravating factors. 

How to be an Active Bystander
Hostos Community College provides training on bystander intervention for incoming students and new employees. Bystanders play a critical role in the prevention of Sexual Misconduct. Bystanders are individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it. Training on bystander intervention includes safe and positive options to prevent harm or intervene when there is a risk of Dating Violence, Domestic Violence, Sexual Assault or Stalking.  

CUNY encourages employees, students, and visitors to take reasonable and prudent actions to prevent or stop an act of Sexual Misconduct that they may witness, unless doing so would pose a safety risk to themselves or others. Although these strategies will depend on the circumstances, they may include direct intervention, calling law enforcement or seeking assistance from a person in authority. Bystander intervention strategies include:

  1. Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are okay.

  2. Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated.

  3. Speak up when someone discusses plans to take sexual advantage of another person.

  4. Believe someone who discloses sexual assault, abusive behavior, or experience with stalking.

  5. Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance. 

In addition, CUNY encourages employees, students, and visitors to report any incident of Sexual Misconduct that they observe or become aware of to the Title IX Coordinator, Public Safety, or to the other offices referenced above.  Individuals who take action in accordance with this paragraph will be supported by the college, and anyone who retaliates against them will be subject to discipline. 

If you or someone else is in immediate danger, dial 911 (if on campus, call Public Safety at 718-518-6888). This could be when a person is yelling at or being physically abusive towards another and it is not safe for you to interrupt. 

Prevention and Risk Reduction
Hostos Community College also provides training on and risk reduction to incoming students and new employees. Risk reduction are options designed to decrease perpetration and bystander inaction, increase empowerment for victims in order to promote safety and help individuals and communities address conditions that facilitate violence. Risk reduction options include:

  1. Convey strongly that you expect your rights to be respected.

  2. Meet new acquaintances in public places. Always have your own transportation or travel with trusted friends.

  3. Keep money in your pocket or purse for phone calls, or pay for transportation if you must leave a situation abruptly.

  4. Be aware of how much alcohol is being consumed. It’s best to avoid using alcohol. While not a direct cause of date rape, alcohol can increase your vulnerability by lowering your alertness and ability to react.

  5. Do not accept a drink from someone you do not know or trust. Do not drink from bowls or large common open containers.

  6. Do not continue to drink from a beverage you left unattended.

  7. Clearly define your sexual limit. If someone starts to offend you, be direct. Say no clearly when you mean no.

  8. If you feel that you are being pressured into unwanted sex, say something as soon as you can, before the behavior goes any further.

  9. Embarrassment should not keep you from doing what is right for you. Do not hesitate to raise your voice, stand up abruptly, or scream if the situation warrants it.

  10. Watch out for your friends and fellow students/employees. If you can do so safely, ask if they need help.

  11. Speak up if you hear someone discuss plans to take sexual advantage of another person.

  12. Offer to help a friend or fellow/student or employee make a report and seek assistance and support.

  13. Avoid isolated areas.

  14. Attend parties with friends. Arrange to leave with your friend. 

Procedures Victims Should Follow in the Case of Alleged Dating Violence, Domestic Violence, Sexual Assault or Stalking

  • After an attack, try to be as calm as possible in order to think clearly. Get to a safe place and call for help immediately. If you are in the building, contact security immediately; anywhere else call 911, call a relative or a friend or a rape crisis center. The NYPD Sex Crimes Report

  • Rape Line is always open at 212-COP-RAPE.

  • Remain in the same condition as when the attacker left. Do not change, wash, or destroy any clothing or any article that may be evidence.

  • Do not wash, douche or comb your hair.

  • Have a medical/gynecological exam at the nearest hospital emergency room as soon as possible. The doctor should note and treat any injury and take measures to combat the possibility of sexually transmitted diseases or pregnancy. If you report being raped, the doctor may be able to collect semen smears or other physical specimens as evidence.

  • Show police any bruises or injuries, however minor, resulting from the attack. Also show injuries, however minor, resulting from the attack. Also show injuries to a friend or relative who might be available as a corroborative witness at the trial. If possible, photograph bruises.

  • Leave the crime scene exactly as it is. Do not touch, clean up, or throw anything away.

  • Give any clothing that was stained or torn (including undergarments) during the crime to the police.

  • When calm, write down every detail about the incident, including: who, what, where, when, and how; what the attacker looked like (height, weight, clothing, type of build, color of skin, hair, eyes, facial oddities, scars jewelry, tattoos etc.); description of any vehicle used or the direction you last saw the attacker running; what kind of force or coercion was used; any objects touched, taken, or left by the attacker; if the attacker said anything, try to remember the words, the grammar, any accents or speech defects; and if there were witnesses, list who and where they might be.

  • Seek psychological support as well as medical attention. Even though the actual incident is over, you may suffer from rape trauma syndrome, which includes a variety of difficulties commonly experienced after a sexual assault

  • A student can call the New York City Police Department or 911, or go directly to a hospital. If the student wishes, Public Safety will call 911 on their behalf. It is important to note that if you are a victim of a sex offense, do not destroy any evidence (including clothing) and do not take a shower or bath.

  • It is important that such physical evidence be preserved in order to assist with any ensuing criminal investigation. If the student believes that she/he may be the victim of date rape by being drugged, she/he should go directly to a hospital to receive a toxicology examination since such drugs only remain in a person’s system for a short period of time. The Department of Public Safety will assist with notification of other law enforcement[i] authorities and/or medical professionals if the student so chooses.

    1. New York State Department of Health has designated sexual assault forensic examiner (“SAFE”) programs in hospital that are designated as 24-hour centers of excellence. SAFE hospitals ensure the quality of collections, documentation, preservation and custody of physical evidence by a trained examiner and provide medical care that includes, but is not limited to, treatment, referral and follow-up, at no cost to the victim.

    2. As time passes, evidence may dissipate or become lost or unavailable, making investigation, possible prosecution or disciplinary proceedings or obtaining order of protection more difficult. Even if a victim of sexual assault chooses not to file a complaint with law enforcement, the victim should consider having a sexual assault forensic exam, which will preserve the evidence in case the victim decides to file a report later.  Files relating to sex offenses are kept confidential by the Department of Public Safety and by the Office of Student Affairs/Student Development, unless otherwise required by law or CUNY policy. 

Who is a perpetrator?
Many people think that sexual assaults are only perpetrated by vicious strangers on dark, deserted streets. In fact, studies indicate that between 80 and 90 percent of all people who have been raped know their perpetrator(s). This is called “date rape” or “acquaintance rape.” “Date rape” is not a legally distinct or lesser category of rape. It refers to a relationship and situational context in which rape occurs on a date. Rape or any sexual offense, whether on a date or not, is the same criminal offense involving the same elements of force, exploited helplessness or underage participation. With sexual assaults where the victim knows the perpetrator, alcohol use is often involved on the part of either the victim or the perpetrator. However, a sexual assault is still a crime regardless of the intoxication of the perpetrator or the victim.

Who is a victim?
Anyone can be a victim, regardless of gender, age, race, sexual orientation, gender identity, religion, ethnicity, class or national origin. Regardless of whether the victim was abusing alcohol and/or underage, she or he is still the victim of the sex offense. 

When is there lack of consent?
CUNY’s Sexual Misconduct Policy requires affirmative consent to sexual activity. Affirmative consent as defined in CUNY’s Sexual Misconduct Policy is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.  Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.  Consent may be initially given but withdrawn at any time. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. 

In order to give consent, one must be of legal age (17 years or older). Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by lack of consciousness or being asleep, being involuntarily restrained, or if the individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. 

Who is responsible for a sexual attack?
In the absence of consent, the attacker is always responsible for having committed the sexual assault regardless of the victim’s appearance, behavior, or conduct on previous occasions. An attacker cannot assume that the way a person dresses or an act is an invitation for sexual advances. A person may welcome some forms of sexual contact and be opposed to others. The more impaired a person is from alcohol or drugs, the less likely she/he can give consent; having sex with someone who is “passed out” or sleeping is rape. In addition, regardless of previous sexual activity, if someone refuses sexual contact, the failure to respect that limit constitutes non- consensual sex.

College and Community Counseling and Support Services for those affected by Sexual Misconduct 

On-Campus Assistance
CUNY is committed to providing assistance, support and resources to those affected by Sexual Misconduct. Anyone who has experienced Sexual Assault, Domestic Violence or Dating Violence is encouraged to contact the Title IX Coordinator to obtain assistance in accessing medical and counseling services, or to obtain supportive measures, such as changes to the student’s academic program. There are a wide range of supportive measures and accommodations available to those affected by Sexual Misconduct, for example, the Office of Public Safety can assist a complainant getting to and from campus classes, filing a police report and obtaining an order of protection against the respondent.  

Section VIII-A of CUNY’s Policy on Sexual Misconduct provides written discussion about the range of supportive measures and accommodations available and information about how to request accommodations. As detailed in CUNY’s Policy on Sexual Misconduct, supportive measures and accommodations are available regardless of whether a victim chooses to report allegations to Hostos Community College, campus law enforcement or outside law enforcement. Any accommodations or protective measures will remain confidential to the extent that maintaining such confidentiality would not impair the ability of Hostos Community College to provide the accommodation or protective measure.  

College Support Services
On Campus Resources
Title IX Coordinator - Allied Health Building, Room A336, (718) 518-4284
Department of Public Safety - East Academic Building, Room C-030, (718)-518-6880
Interim Vice President of SDEM - Savoy Building, Room D-102H, (718)-518-4264
One Stop - Savoy Building, Room D-101, (718)-518-7981
Health & Wellness Center - Savoy Building, Room D-101D, (718)-518-6567 

Counseling for Employees
CUNY Work Life Program (800) 833-8707; www.myccaonline.com

 Contacting Outside Agencies
The College will assist any student requesting to contact outside agencies, including local police, regarding charges and complaints of sexual assault.

Off-Campus Resources

  • For immediate help, call 911

  • The New York City Police Department Sex Crimes Report Line 212-267-RAPE

  • New York State Domestic and Sexual Violence Hotline for confidential assistance 1-800-942-6906 (available 24/7/365) or visit the National Sexual Violence Resource Center website at nsvrc.org.

  • Report sexual assault on a New York college campus to the New York State Police 1-844-845-7269.

  • Safe Horizon Hotline 1-800-621-HOPE (4673) www.safehorizon.org/hotline.

  • National Sexual Assault Hotline 800-656-HOPE (4673) Free, confidential, 24-hour hotline.

  • New York State Domestic and Sexual Violence Hotline 1-800-942-6906 http://www.nyscadv.org/.

  • The New York City Anti Violence Project empowers gay, lesbian, bisexual, transgender, queer and HIV affected communities to end all forms of violence through organizing and education. The Anti-Violence Project provides support, counseling and advocacy. The 24-hour hotline is 212-714-1141.

  • The following New York State Department of Criminal Justice website offers links to many additional resources at https://www.criminaljustice.ny.gov/nsor/som_moreinformation.htm

  • New York State Office of Victim’s Services  www.ovs.ny.gov

  • NYC Mayor’s Office to End Domestic and Gender Based Violence Family Justice Centers www.nyc.gov/fjc 

Disciplinary Procedure
The Colleges shall act promptly in response to information that a student has been sexually assaulted by another member of the CUNY community. Upon receipt of a complaint, the College shall undertake an appropriate investigation. If it appears that there is sufficient evidence to warrant disciplinary charges against a student, such charges shall be brought pursuant to Article 15 of the CUNY Board of Trustees Bylaws. If the matter is brought before a hearing, the complainant and alleged perpetrator are entitled to the same opportunities to have others present, including an advisor of their choice, at their own expense and to be informed, in writing of (1) the outcome of the proceedings at the same time; (2) the procedures for appealing the results; (3) any change in results that occurs prior to the time the results become final; and (4) when the results become final. If a student is found guilty of committing a sexual assault or other act of violence against another CUNY student or employee after a disciplinary hearing, the penalties may include suspension, expulsion from residence halls, or permanent dismissal from CUNY.

See chart for a list of some of the major sex offenses and their maximum penalties under New York State Law.
Sexual assault is a crime of power, aggression and violence. Terms such as “date rape” and “acquaintance rape” tend to minimize the fact that the act of rape, or any sexual assault, is a serious crime. There is never an excuse or a reason for a person to rape, assault or even touch another person’s private parts without consent. The impact on survivors of such an attack can cause severe and lasting physical, mental and emotional damage. 

Pertinent Sex Offenses and Criminal Sanctions under New York State Penal and Criminal Procedure Laws (see below)


ADMISSION OF SEX OFFENDERS (As provided by the Office of General Counsel & Senior Vice Chancellor for Legal Affairs)
The College reserves the right to deny admission to any student if in its judgment, the presence of that student on campus poses an undue risk to the safety or security of the college or the college community. That judgment would be based on an individualized determination taking into account any information the college has about a student’s criminal record and the particular circumstances of the college, including the presence of a child care center, a public school or public school students on the campus. 

Campus Sex Crimes Prevention Act
The New York State Division of Criminal Justice Services maintains a registry of convicted sex offenders, which is available to local law enforcement agencies, including CUNY’s Public Safety Department. To obtain information about a Level 2 or Level 3 registered sex offender, you may:

  1. Contact the police department in the jurisdiction in which the offender resides and/or in which the college is located

  2. Contact Public Safety at (718) 518-6888

  3. Contact the Division’s sex offender registry web site – www.criminaljustice.ny.gov/nsor/index.htm and then click on “Search the Sex Offender Registry” or by dialing 800-262-3257

Searching for Level 1 sex offenders (or those with a pending risk level):

  1. Call the Division’s sex offender registry at (800) 262-3257 with the name and at least one other identifier (an exact address, date of birth, driver's license number, or a social security number) and DCJS will tell you if that individual is a registered sex offender in New York.

Missing Students
In accordance with state and federal law, the College maintains procedures for the investigation of reports of missing persons. In addition, in compliance with state and federal law, the College will notify the appropriate law enforcement agency within 24 hours of receiving a report of a missing student who resides in campus housing. 

  1. The purpose of this policy is to establish procedures for Hostos Community College’s response to reports of missing students, as required by the Higher Education Opportunity Act of 2008. This policy applies to students who reside in campus housing.

  2. For purposes of this policy, a student may be considered to be a “missing student” if the student’s absence is contrary to his/her usual pattern of behavior and unusual circumstances may have caused the absence. Such circumstances could include, but not be limited to, a report or suspicion that the missing person may be the victim of foul play, has expressed suicidal thoughts, is drug dependent, is in a life-threatening situation, or has been with persons who may endanger the student’s welfare.  In the event a student under 18 years of age and not emancipated, Hostos Community College must notify a custodial parent or guardian within 24 hours of the determination that the student is missing, in addition to notifying any additional contact person designated by the student. For all missing students, Hostos Community College will notify the local law enforcement agency within 24 hours of the determination that the student is missing, unless the local law enforcement agency was the entity that made the determination that the student is missing.  Regardless if the student is above the age of 18, or is an emancipated minor the Director of Public Safety or his designee shall make a missing person report.

Uniform Crime Reporting (UCR) Federal Definitions related to Clery
According to federal statute, sexual assault is an offense that meets the definition of rape, fondling, or statutory rape, as used in the FBI’s Uniform Crime Reporting (UCR) program, Under the UCR: 

Rape
Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Fondling
Fondling is the touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest
 Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape
Statutory rape is sexual intercourse with a person who is under the statutory age of consent. 

Stalking
Stalking is “engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  1. Fear for his or her safety or the safety of others; or

  2. Suffer substantial emotional distress.” 42 U.S.C 13925 (a). 

For the purpose of this definition:

  1. Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly or indirectly, through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

Domestic Violence
The term Domestic Violence is not defined by New York State Law, although various criminal acts defined by the New York State Penal Law may qualify as a “family offense’ when committed by an intimate partner. An intimate relationship includes family or household members and other types of close relationships, such as people who are legally married or divorced, people with a child in common, including adopted children, people related by marriage, like in-laws, people related by blood, like brothers, parents, cousins, unrelated people who live, or have lived together for period of time and/or unrelated people in, or were in an intimate relationship (current or former), like same-sex couples and teens who are dating. http://nycourts.gov/CourtHelp/Safety/DVbasics.shtml 

According to federal statute, “domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under domestic or family violence laws of [New York], or by any other person against an adult or youth victim who is protected from that person’s act under the domestic or family violence laws of [New York].” 42 U.S.C 13925 (a). 

Dating Violence
The term Dating Violence is not defined by New York State Penal Law, although various criminal acts defined by the New York State Penal Law may qualify as a “family offense” when committed by an intimate partner, which includes people in an intimate relationship (current or former). Intimate relationships do not have to be sexual. For more information see http://nycourts.gov/CourtHelp/Safety/DVbasics.shtml 

According to federal statute, “dating violence” means violence committed by a person-

  1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

  2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:

i.     The length of the relationship
ii.       The type of relationship
iii.      The frequency of interaction between the persons involved in the relationship, 42 U.S.C 13925 (a).

PROCEDURES IMPLEMENTING THE CITY UNIVERSITY OF NEW YORK’S POLICIES ON EQUAL OPPORTUNITY, NON-DISCRIMINATION AND AGAINST SEXUAL HARASSMENT
Is available at: THE CITY UNIVERSITY OF NEW YORK POLICIES AND PROCEDURES ON EQUAL OPPORTUNITY, NON-DISCRIMINATION, AND (cuny.edu).

THE CITY UNIVERSITY OF NEW YORK – POLICIES AND PROCEDURES CONCERNING SEXUAL ASSAULT, STALKING AND DOMESTIC AND INTIMATE PARTNER VIOLENCE AGAINST STUDENTS
Is available at: Microsoft Word - CUNY Policy on Sex-Based Misconduct - FINAL (8.1.2024)