CUNY’S Policy Against Sexual Misconduct
CUNY’S POLICY AGAINST SEXUAL MISCONDUCT
The City University of New York Policy prohibits Sexual Misconduct in any form including Sexual harassment. Sexual harassment is illegal.
The University strives to foster a harassment-free environment - one in which all its members can work, study, and learn in an atmosphere of courtesy and mutual respect.
Every student, faculty member, staff member, and administrator is encouraged to become aware of and support the University’s Policy Against Sexual Misconduct. To this end, we provide this interactive computer programs Sexual and Interpersonal Violence Prevention and Response Course (SPARC) and Employee Sexual and Interpersonal Violence Prevention and Response Course (E-SPARC) to inform all members of the University community about sexual misconduct - what it is and how to prevent it in academic and workplace settings. A copy of the University’s Policy Against Sexual Misconduct is available at the following link: http://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/legal-affairs/policies-resources/Sexual-Misconduct.pdfRevised and adopted by the Board of Trustees in 2020, the policy defines sexual misconduct , provides examples of prohibited conduct, and establishes procedures for handling complaints.
Making a Complaint of Sexual Harassment
Students, employees and visitors who experience sexual misconduct should bring their complaints to one of these campus officials/offices: • Title IX Coordinator; • Office of Public Safety; • Office of Vice President for Student Affairs or Dean of Students (students only) • Residence Life staff in CUNY owned or operated housing (students and residence visitors only) • Human Resources Director (employees only) There is no prescribed method for filing a complaint of sexual misconduct and the college will respond to complaints whether they are oral or written. Contact information for Key Campus Contacts is as follows:
Latoya Jeffers, Esq., Title IX Coordinator, A-336
718-518-4284 ljeffers@hostos.cuny.edu
Chief Arnaldo Bernabe, Public Safety Office, C-030A 718-518-6880 abernabe@hostos.cuny.edu
Joanna Gomez, Dean of Students, D-101
718-518-6556 jgomez@hostos.cuny.edu
Christine Dias-Singh, Human Resources Director, B-213E (EMPLOYEES ONLY)
718-518-6654 cdias-singh@hostos.cuny.edu
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 Department of Public Safety. The department will expeditiously respond to the condition reported and make necessary notifications to the local police precinct when appropriate. Criminal activities, as well as other emergencies, can be reported by:
Calling the Department of Public Safety’s telephone line (718) 518-6888 or Emergency extension 6911 or 6888 which may be dialed within the college’s telephone system.
1. Reporting 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.
2. All counselors are strongly encouraged when they deem it appropriate to inform the persons they are counseling of the procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.
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 in the next 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 Campus Security Act in the College’s annual crime 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 safety alert.
4. In the event that the situation you observe or are involved in is of an extreme or life-threatening nature, call 911, the New York City Police Department’s emergency phone number. If you make a 911 call, please also notify the Department of Public Safety. They will also respond to assist and direct the police and other emergency personnel to the reported emergency.
5. 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.
(3) 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. 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 incidents in the manner described above. Victims of bias crime can also avail themselves of counseling and support services through the Office of Student Services.
The College updates and advises the campus community about security procedures, including those related to hate crime, via the Annual Security Report.
6. 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 incidents in the manner described above. Please remember that any evidence such as graffiti, e-mails, written notes or voice mail messages should be preserved. Victims of bias crime can also avail themselves of counseling and support services through the Office of Student Services and / or the Carlos L. Gonzalez Counseling Center, located in Rm. C-330 - (718) 518-4351.
Investigation of Violent Felony Offenses
In accordance with New York State Law, the College 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. The College will notify the appropriate law enforcement agency within 24-hours of receiving a report of a violent felony.
Daily Crime Log
The Hostos Community College Department of Public Safety daily crime log is maintained by the Public Safety Department. All reportable criminal incidents, whether they are Clery classified or not, are logged- provided that they have occurred in the reportable geography (On campus and public property immediately adjacent to the campus). 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. All crimes reported to the Department of Public Safety are recorded in the daily crime log 60 days from the date of the report. The crime log for the most recent 60-day period is open to public inspection, upon request, during normal business hours. Anyone may have access to the log, whether or not they are associated with the institution. This includes the media. The Department of Public Safety crime log is located at the Public Safety Dispatch Center. The Public Safety Dispatch Center is located in the 450 Grand Concourse building adjacent to the elevator bank on the cellar level. It is available for inspection during regular business hours (9:00 a.m. to 5:00 p.m.). The log is in hardcopy format. The log is updated within two business days of information being reported to the Public Safety Department.
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 take action or respond to particular issues on behalf of the institution. Each year, the Public Safety Department requests data, via campus email, 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:
Vice President for Student Development & Enrollment, 718-518-4264, Savoy
Building Room D-102H
Assistant Dean of Student Life, Johanna Gomez,
718-518-6556, Savoy Building, Room D-101D
Vice President of Continuing Education & Workforce Development, 718-518-6580, A-Building, Room A-335
Director of Athletics, Erik Smiles, 718-518-6551,C-Building, Room C-383
Director of Student Activities, Jerry Rosa, 718-518-6561, C-Building, Room C-371
Director of Human Resources, Christine Dias-Singh,
718-518-6655, B-Building, Room B-211A
Director of CLIP, Laura Kleeman, 718-518-6657,
590 Exterior Street, Room
Director of CUNY S.T.A.R.T Program, Andrea Gabbidon-Levene, 718-518-2604, A-Bldg., Room A-016C
Director of ASAP, Laura McGowan, 718-518-6625, C-Building, Room C-511R
Director of Student Wellness, Fabian Wander, Savoy Building, Room D-101D
Director of Liberty Partnership, Alex Santana,
718-518-4189, C-Building, Room C-491
Student Leadership Coordinator, Jason Libfield,
718-518-6541,
Director of College Now Program, Elizabeth Wilson,
718-518-6839, C-Building, Room C-360
Director of Pipeline Program & Continuing Education, Dana Lennon, 718-664-2532, T-5 Trailer Room T-511.
Associate Dean of Community Relations, Ana Garcia-Reyes, 718-518-4313, A-Building, Room A-337
Interim Director of Continuing Education,
Peter Mertens, 212-567-7132, CUNY in the Heights
Director of Children’s Center, 718-518-4175, A-Building, Room A-109
Director of College Discovery, Maria Cano, 718-518-4475, Savoy Building, Room D-101W
Director of Academic Learning Center/Student Success Coaching Unit. Jason Pelosi, 718-518-2567,
B-Building, Room B-208
Director of CUNY EDGE Program, Veronica Vidal, 718-518-4475, A-Building, Room A-334
Reporting Incidents of Sexual Harassment, Including Sexual Assault and Sexual Misconduct, Stalking and Dating/Intimate Partner/Domestic Violence
The City University of New York policy on Sexual Assault is attached to the end of this report. To directly view a copy of the City University of New York Policy on Sexual Misconduct by clicking the following link: CUNY Sexual Misconduct Policy
Allegations of sexual misconduct including sexual harassment, sexual assault, stalking, or domestic and dating/intimate partner violence should be reported to one of the individuals listed below.
Title IX Coordinator, A-Building Rm. A336, 718-518-4284,
Director of Public Safety Chief Arnaldo Bernabe, C-Building Rm. C030, 718-518-6880,
abernabe@hostos.cuny.edu
Chief Student Affairs Officer Vice President,
D-Building, Rm.102-H, 718-518-4264,
ncruz@hostos.cuny.edu
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 Title IX 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.
REPORTING AND PREVENTION OF SEXUAL ASSAULT, HARASSMENT AND SEXUAL MISCONDUCT OFFENSES, STALKING AND DATING, INTIMATE PARTNER AND DOMESTIC VIOLENCE
Under the provisions of Title IX of the Education Amendments of 1972 (Title IX), 20 USC §§ 1681 et seq., and its implementing regulations, 34 CFR Part 106, discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance is prohibited. Sexual harassment of students, which includes acts of sexual violence, cyber stalking and unwanted physical contact of any sort, is a form of discrimination prohibited by Title IX. The U.S Department of Education’s Office for Civil Rights defines this type of harassment as unwelcome conduct of a sexual nature that can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Harassing conduct, implicated by dating or domestic violence, social or electronic stalking and other adverse activity, creates a “hostile environment” when sufficiently severe or pervasive to limit or interfere with a student’s ability to participate in educational activities.
Definitions of Crimes that Must Be Reported Pursuant to VAWA
The Violence against Women Reauthorization Act of 2013 (“VAWA”), added additional categories of crimes to the Clery Act that CUNY’s schools are now required to report.
Domestic Violence
“Domestic violence” includes felony or misdemeanor crimes of violence committed by an intimate partner or former intimate partner of the victim.
Intimate partner includes persons legally married to one another, persons formerly married to one another, persons who have a child in common, regardless of whether such persons are married or have lived together any time, couples who live together or have lived together, or persons who are dating or who have dated in the past, including same sex couples.
New York State has multiple laws addressing domestic violence, and the definition is broad. Generally, domestic and intimate partner violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.
Domestic and intimate partner violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure or wound someone.
Dating Violence
“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
Like domestic violence, dating violence includes a pattern of abusive behavior that one person intentionally uses to gain or maintain power and control over another person. Dating violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure or wound someone.
The length of the relationship, the type of relationship and the frequency of contact, whether in person or by other forms of communication, are factors that help determine whether a dating; relationship exist.
Stalking
“Stalking” is a pattern of behavior directed at a specific person that would cause a reasonable person to feel fear or emotional distress.
Stalking generally refers to repeated behaviors that harass or threaten the victim, such as following a person, appearing at a person’s home or place of business, making repeated and/or harassing calls, leaving written messages or objects, or contacting someone repeatedly via electronic means (i.e. the internet or text messaging).
Unlike other crimes, which normally consist of a single illegal act, stalking is a series of actions that, when taken individually, may be perfectly legal. For instance, sending a birthday card or flowers or standing across the street from someone’s house is not a crime. When these actions are part of a course of conduct that would cause a reasonable person to be afraid or to feel emotional distress, they are illegal.
Reporting methods other than those listed above:
1. Report the incident to the Department of Public Safety (718) 518-6888. A formal report will be made of the allegation and a copy of the report will be forwarded to the Office of Student Affairs; or
2. Report the incident to the College’s Dean for Student Affairs/Student Development, who at the student’s request, will contact the Department of Public Safety to commence an appropriate investigation; or
3. A student can call the New York City Police Department or 911, or go directly to a hospital. 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.
4. 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 authorities and/or medical professionals if the student so chooses.
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.
5. Victims or witnesses may report crimes to persons designated as Campus Security Authorities (listed on the first page of this document), 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 the first page 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 safety alert.
6. In the event that the situation you observe or are involved in is of an extreme or life-threatening nature, call 911, the New York City Police Department’s emergency phone number. If you make a 911 call please also notify the Department of Public Safety. They will also respond to assist and direct the police and other emergency personnel to the reported emergency.
Bystander Intervention:
The same above-mentioned reporting options are available for bystanders as well. These are safe and positive options for bystanders who intervened-or witnessed an incident in order to prevent harm when there was a risk or an act of violence. Hostos Community College strongly encourages bystanders to step up on behalf of another person’s well-being and safety.
In compliance with the New York Education Law, the College provides the following information about sexual assault, encourages the reporting of any incident of sexual assault and other sexual offenses, and sets forth measures to facilitate its prevention. Possible sanctions for sex offenses (forcible or non-forcible) follow an on-campus disciplinary procedure (if the accused is found guilty by the Faculty Student Disciplinary Committee); can range from admonition, warning, censure, disciplinary probation, restitution, suspension, ejection and complaint to civil authorities.
CUNY has adopted Policies and Procedures concerning sexual assault, stalking and domestic and intimate partner violence against students, which addresses the prevention of sexual assaults and other forms of violence against CUNY students, on and off CUNY campuses. Specifically, the goal of the Policy is to: 1) provide the most informed and up-to-date sexual assault, domestic/intimate partner violence and stalking prevention education information to CUNY students; 2) create a comprehensive plan for CUNY colleges to follow in the event that a student is the victim of a sexual assault or other act of violence; 3) provide clear and concise guidelines for students to follow in the event that they or someone they know has been the victim of a sexual assault or other act of violence; 4) ensure that all appropriate CUNY personnel receive education and training to assist victims of sexual assaults and other acts of violence; and 5) ensure that disciplinary procedures are followed in the event that the perpetrator is a CUNY student or employee.
Preventing Date or Acquaintance Rape
• Convey strongly that you expect your rights to be respected.
• Meet new acquaintances in public places. Always have your own transportation
or travel with good friends.
• Keep money in your pocket or purse for phone calls or pay for transportation if
you must leave a situation abruptly.
• 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.
• Clearly define your sexual limit. If someone starts to offend you, be direct.
Passivity may be interpreted as permission. Say no clearly when you mean no.
• If you feel that you are being pressured into unwanted sex, say something as
soon as you can, before the behavior goes any further.
• It’s okay to criticize your date’s action and still like your date. However, if you
don’t say anything, your date won’t know what behavior to stop. If your date
doesn’t listen, leave.
• 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 z
warrants it.
What to Do if You Are Attacked
• 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 Public
Safety immediately; anywhere else call 911, call a relative or a friend or a rape
crisis center. The NYC Police Department Sex Crimes Report 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 must collect semen smears 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,
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.
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, religion, ethnicity, class or national origin. Though women and girls are primary targets of these crimes, men and boys are sexually victimized too, and have been found to suffer the same aftermath as women. 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?
Under New York law, lack of consent to a sexual contact may be demonstrated in the following ways: (1) forcible compulsion including the use of physical force or threat (express or implied) which places the person in fear of physical injury to self or another; (2) incapacity to consent on the part of the victim; (3) circumstances in which the victim does not expressly or impliedly acquiesce in the actor’s conduct; or (4) circumstances in which the victim clearly expressed by words or actions that he or she did not consent to engage in such sexual act and a reasonable person would have understood such person’s words or actions as an expression of lack of consent to such conduct.
A person is deemed incapable of giving consent if she/he is (a) under the age of 17, (b) mentally incapacitated (which may include incapacity due to the victim’s ingestion of alcohol or drugs), (c) physically disabled or (d) physically helpless (asleep, unconscious or for any other reason physically unable to communicate unwillingness to act, which may also include incapacity due to the victim’s ingestion of alcohol or drugs).
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 acts, 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. And 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 Sex Offense Victims
On-Campus Assistance
Victims of a sexual assault are encouraged to contact the Office of the Dean of Students to obtain assistance in accessing medical and counseling services, or to make any necessary changes to the student’s academic program. Victims of such crimes can obtain assistance from the Office of the Dean of Students throughout the disciplinary process. The Office of Security and Public Safety can assist the victim in getting to and from campus classes, filing a police report and obtaining an order of protection against the perpetrator. The victim can also file a complaint with the College against a perpetrator who is a student or employee of the University with the Vice President of Student Affairs and the Office of Public Safety.
In addition, the victim of a sexual assault will be provided with on-campus support in the form of an advocate from the Women’s/Men’s Center (if there is one on campus) or an appropriately trained counselor to assist the victim in handling the various aspects of his/her ordeal, such as: 1) explaining to the victim her/his options of whether to report the incident to campus or law enforcement authorities or not; 2) providing guidance if she/he requires medical attention; 3) providing guidance in obtaining crisis intervention and/or ongoing counseling services (or a referral to obtain the necessary services if such services are not available on campus); and 4) assisting the student throughout the College’s disciplinary process if she/he chooses to file a complaint against the perpetrator.
College Support Services
On Campus: Hostos College Student can contact counselor at 718-518-4319 or the office of the Dean of Students at 718-518-6656.
Department of Public Safety: East Academic Building, Room C-030 (718)-518-6888
Counseling Center: Savoy Building, Room D-101 (718)-518-4319
Health Services: Allied Health Building, Room A-334C (718)-518-6542
Department of Student Affairs: East Academic Building, Room C-330 (718)-518-6552
Contacting Outside Agencies
The Hostos C.C. administration will assist any student requesting to contact outside agencies, including local police, regarding charges and complaints of sexual assault.
Off-Campus Resources
Manhattan District Attorney, Sex Crimes Unit (212) 335-9373
Queens District Attorney, Sex Crimes Unit (718) 286-6505
Bronx District Attorney, Crime Victims Assistance Unit (718) 590-2115; Domestic Violence Services (718) 590-232
Brooklyn District Attorney, Sex Crimes Unit (718) 250-3170
Staten Island District Attorney, Sex Crimes Unit (718) 556-7130
212 COP-RAPE:
The New York City Police Department Sex Crimes Report Line, open 24 hours, is answered by a female detective at all times. It takes telephone reports of sex crimes, refers victims to counseling and other community services, provides information on police procedures, etc.
NYC Task Force Against Sexual Assault (212) 274-3210
This service is open Monday-Friday, 9:00 a.m. through 5:00 p.m. and provides free literature and referrals to counseling and holds network meetings for professionals in the field.
NYC Victims Services Agency (212) 577-7777
This service is open 24 hours, seven days a week and provides crisis intervention for crime victims.
The Gay and Lesbian Anti-Violence Project (212) 807-0197
This service is open 10:00 a.m. through 8:00 p.m. Monday through Thursday, and 10:00 a.m. through 6:00 p.m. on Friday. It provides short term crisis counseling, advocacy services, and referrals for long term counseling.
The following New York State department of Criminal Justice website offers links to many additional resources at www.criminaljustice.ny.gov/pio/crimevictims.html
Prevention Education Programs
Each CUNY College is required to develop materials and programs to educate its students, faculty and staff on the nature, dynamics, common circumstances and effects of sexual assault, domestic/intimate partner violence and stalking, and the means to reduce their occurrence and prevent them. The prevention education should seek to provide the most recent and relevant information, such as education pertaining to bystander intervention, the importance of peer networks and the significance of fostering a community of responsibility. All students during August orientation and during mandatory Professional Development Time in early September receive information about sexual assault prevention and reporting procedures. These are published annually in this document and are available on the school’s website under Legal Notices, Annual Security Report.
Prevention education materials and programs must be incorporated into campus orientation activities for all incoming undergraduate and graduate students (including transfers), and is required to be made available to all student activity groups, clubs and athletic teams. In addition, all residence halls are required to have a mandatory orientation on sexual assault, stalking and domestic/intimate partner violence prevention. Colleges are encouraged to assist in the organization of peer education groups and to provide resources to such groups so that the groups can provide training and outreach to other students throughout the academic year. Since the abuse of alcohol is frequently involved in occurrences of sexual assault and other forms of violence, it is important that the education program include education about the deleterious effects of alcohol abuse.
In addition, each College is required to provide periodic training relating to the prevention and handling of sexual assaults, stalking and domestic/intimate partner violence for all relevant personnel, including public safety officers, counselors, student affairs staff and residence hall assistants by experts trained in the field. Education and training must also be made available to any interested faculty and staff member. Each campus must have at least one qualified staff or faculty member serve as a designated liaison and trainer for additional trainings.
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. The complainant and the accused are entitled to:
• a prompt, fair, and impartial investigation and resolution
• and investigation and disciplinary hearing that are conducted by officials who receive annual training on how to conduct fair investigations and hearings that protect the safety of victims and promote accountability and on issues related to domestic violence, dating violence, sexual assault, and stalking.
SANCTIONS DEFINED:
A. Admonition.
An oral statement to the offender that he/she has violated university rules.
B. Warning.
Notice to the offender, orally or in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may because for more severe disciplinary action.
C. Censure.
Written reprimand for violation of specified regulation, including the possibility of more severe disciplinary sanction in the event of conviction for the violation of any university regulation within a period stated in the letter of reprimand.
D. Disciplinary Probation.
Exclusion from participation in privileges or extracurricular university activities as set forth in the notice of disciplinary probation for a specified period of time.
E. Restitution.
Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
F. Suspension.
Exclusion from classes and other privileges or activities as set forth in the notice of suspension for a definite period of time.
G. Expulsion.
Termination of student status for an indefinite period. The conditions of readmission, if any is permitted, shall be stated in the order of expulsion.
H. Complaint to Civil Authorities.
I. Ejection.
STUDENT DISCIPLINARY PROCEDURES.
Complaint Procedures:
a. Any charge, accusation, or allegation which is to be presented against a student, and, which if proved, may subject a student to disciplinary action, must be submitted in writing in complete detail to the office of the chief student affairs officer promptly by the individual, organization or department making the charge.
b. The chief student affairs officer of the college or his or her designee will conduct a preliminary investigation in order to determine whether disciplinary charges should be preferred. The chief student affairs officer or his or her designee will advise the student of the allegation against him or her and consult with other parties who may be involved or who have information regarding the incident, and review other relevant evidence. Following this preliminary investigation, which shall be concluded within thirty (30) calendar days of the filing of the complaint, the chief student affairs officer or designee shall take one of the following actions: (i) Dismiss the matter if there is no basis for the allegation(s) or the allegation(s) does not warrant disciplinary actions. The individuals involved shall be notified that the complaint has been dismissed; (ii) Refer the matter to mediation; or (iii) Prefer formal disciplinary charges.
c. In the event that a student withdraws from the college after a charge, accusation or allegation against the student has been made, and the college prefers formal disciplinary charges, the withdrawn student is required to participate in the disciplinary hearing or otherwise to resolve the pending charges and will be barred from attending any other unit of the university until a decision on the charges is made or the charges are otherwise resolved. If the withdrawn student fails to so participate in the disciplinary process without good cause, the college may proceed with the disciplinary hearing in absentia and any decision and sanction will be binding.
Mediation Conference:
d. The mediation conference shall be conducted by a qualified staff or faculty member designated by the chief student affairs officer. The following procedures shall be in effect at this conference:
1. An effort will be made to resolve the matter by mutual agreement.
2. If an agreement is reached, the faculty or staff member conducting the conference shall report his/her recommendation to the chief student affairs officer for approval and, if approved, the complainant shall be notified, and a written memorandum shall be created memorializing the resolution and any consequences for noncompliance.
3. If no agreement is reached, or if the student fails to appear, the faculty or staff member conducting the conference shall refer the matter back to the chief student affairs officer who may prefer disciplinary charges.
4. The faculty or staff member conducting the mediation conference is precluded from testifying in a college hearing regarding information received during the mediation conference.
Notice of Hearing and Charges:
e. Notice of the charge(s) and of the time and place of the hearing shall be personally delivered or sent by the chief student affairs officer of the college to the student at the address appearing on the records of the college, by certified or overnight mail and by regular mail and e-mail to students who have a college email address. The chief student affairs officer is also encouraged to send the notice of charges to any other e-mail address that he or she may have for the student. The hearing shall be scheduled within a reasonable time following the filing of the charges or the mediation conference. Notice of at least five business days shall be given to the student in advance of the hearing unless the student consents to an earlier hearing.
f. The notice shall contain the following:
1. A complete and itemized statement of the charge(s) being brought against the student including the rule, bylaw or regulation he/she is charged with violating, and the possible penalties for such violation.
2. A statement that the student has the following rights:
(i) to present his/her side of the story;
(ii) to present witnesses and evidence on his/her behalf;
(iii) to cross-examine witnesses presenting evidence against the student;
(iv) to remain silent without assumption of guilt; and
(v) to be represented by legal counsel or an advisor at the student's expense.
3. A warning that anything the student says may be used against him/her at a non-college hearing
Faculty-Student Disciplinary Committee Procedures:
g. The following procedures shall apply at the hearing before the faculty-student disciplinary committee:
1. The chairperson shall preside at the hearing. The chairperson shall inform the student of the charges, the hearing procedures and his or her rights.
2. After informing the student of the charges, the hearing procedures, and his or her rights, the chairperson shall ask the student charged to respond. If the student admits the conduct charged, the student shall be given an opportunity to explain his/her actions before the committee and the college shall be given an opportunity to respond. If the student denies the conduct charged, the college shall present its case. At the conclusion of the college's case, the student may move to dismiss the charges. If the motion is denied by the committee the student shall be given an opportunity to present his or her defense.
3. Prior to accepting testimony at the hearing, the chairperson shall rule on any motions questioning the impartiality of any committee member or the adequacy of the notice of the charge(s). Subsequent thereto, the chairperson may only rule on the sufficiency of the evidence and may exclude irrelevant, immaterial or unduly repetitive evidence. However, if either party wishes to question the impartiality of a committee member on the basis of evidence which was not previously available at the inception of the hearing, the chairperson may rule on such a motion. The chairperson shall exclude all persons who are to appear as witnesses, except the accused student.
4. The college shall make a record of each fact-finding hearing by some means such as a stenographic transcript, a tape recording or the equivalent. A student who has been disciplined is entitled upon request to a copy of such a record without cost.
5. The student is entitled to a closed hearing but has the right to request an open public hearing. However, the chairperson has the right to hold a closed hearing when an open public hearing would adversely affect and be disruptive of the committee's normal operations.
6. The college bears the burden of proving the charge(s) by a preponderance of the evidence.
7. The role of the faculty-student disciplinary committee is to listen to the testimony, ask questions of the witnesses, review the testimony and evidence presented at the hearing and the papers filed by the parties and render a determination as to guilt or innocence. In the event the student is found to have committed the conduct charged, the committee shall then determine the penalty to be imposed.
8. At the end of the presentations by both sides, the student may introduce additional records, such as character references. The college may introduce a copy of the student's previous disciplinary record, where applicable, provided the student was shown a copy of the record prior to the commencement of the hearing. The disciplinary record shall be submitted to the committee in a sealed envelope and shall not be opened until after the committee has made its findings of fact. In the event the student has been determined to have committed the conduct alleged in the charge or charges the records and documents introduced by the student and the college shall be opened and used by the committee for dispositional purposes, i.e., to determine an appropriate penalty if the charges are sustained.
9. The committee shall deliberate in closed session. The committee shall issue a written decision, which shall be based solely on the testimony and evidence presented at the hearing and the papers filed by the parties.
10. The student shall be sent a copy of the faculty-student disciplinary committee's decision within five days of the conclusion of the hearing, by regular mail and e-mail for students who have a college e-mail address. The chief student affairs officer is also encouraged to send the decision to any other e-mail address that he or she may have for the student. The decision shall be final subject to the student's right of appeal.
11. Where a student is represented by legal counsel the president of the college or his or her designee may request that a lawyer from the general counsel's office appear at the hearing to present the college's case.
12. When a disciplinary hearing results in a penalty of dismissal or suspension for one term or more, the decision is a university-wide penalty and the student will be barred from admission to any other unit of the university while the penalty is being served.
13. Disciplinary penalties shall be placed on a student’s transcript and shall remain there unless the committee’s decision, the decision on any appeal under section 15.4 below, or a mediation agreement expressly indicates otherwise.
Appeals:
An appeal from the decision of the faculty-student disciplinary committee may be made to the president who may confirm or decrease the penalty but not increase it. His/her decision shall be final except in the case of dismissals or suspension for one term or more. An appeal from a decision of dismissal or suspension for one term or more may be made to the board committee on student affairs and special programs. Any appeal under this section shall be made in writing within fifteen days after the delivery of the decision appealed from. This requirement may be waived in a particular case for good cause by the president or board committees as the case may be. If the president is a party to the dispute, his/her functions with respect to an appeal shall be discharged by an official of the university to be appointed by the chancellor or his or her designee.
Committee structure:
a. Each faculty-student disciplinary committee shall consist of two faculty members and two student members and a chairperson, who shall be a faculty member. A quorum shall consist of the chair and any two members, one of whom must be a student. Hearings shall be scheduled promptly (including during the summers) at a convenient time and efforts shall be made to insure full student and faculty representation.
b. The president shall select in consultation with the head of the appropriate campus governance body or where the president is the head of the governance body, its executive committee, three (3) members of the instructional staff of that college to receive training and to serve in rotation as chair of the disciplinary committee. If none of the chairpersons appointed from the campus can serve, the president, at his/her discretion, may request that a chairperson be selected by lottery from the entire group of chairpersons appointed by other colleges. The chairperson shall preside at all meetings of the faculty-student disciplinary committee and decide and make all rulings for the committee. He/she shall not be a voting member of the committee but shall vote in the event of a tie.
c. The faculty members shall be selected by lot from a panel of six elected biennially by the appropriate faculty body from among the persons having faculty rank or faculty status. The student members shall be selected by lot from a panel of six elected annually in an election in which all students registered at the college shall be eligible to vote. In the event that the student or faculty panel or both are not elected, or if more panel members are needed, the president shall have the duty to select the panel or panels which have not been elected. No individuals on the panel shall serve on the panel for more than two consecutive years.
d. In the event that the chairperson cannot continue, the president shall appoint another chairperson. In the event that a student or faculty seat becomes vacant and it is necessary to fill the seat to continue the hearing, the seat shall be filled from the respective faculty or student panel by lottery.
e. Persons who are to be participants in the hearings as witnesses or have been involved in preferring the charges or who may participate in the appeals procedures or any other person having a direct interest in the outcome of the hearing shall be disqualified from serving on the committee.
Suspension or Dismissal:
The board reserves full power to dismiss or suspend a student, or suspend a student organization for conduct which impedes, obstructs, or interferes with the orderly and continuous administration and operation of any college, school, or unit of the university in the use of its facilities or in the achievement of its purposes as an educational institution. The chancellor or his/her designee or a president or his/her designee may in emergency or extraordinary circumstances, temporarily suspend a student, or temporarily suspend the privileges of a student organization or group for cause, pending an early hearing as provided in bylaw section 15.3. to take place within not more than ten (10) business days. Prior to the commencement of a temporary suspension of a student, the college shall give such student oral or written notice of the charges against him/her and, if he/she denies them, the college shall forthwith give such student an informal oral explanation of the evidence supporting the charges and the student may present informally his/her explanation or theory of the matter. When a student's presence poses a continuing danger to person or property or an ongoing threat of disrupting the academic process, notice and opportunity for denial and explanation may follow suspension, but shall be given as soon as feasible thereafter
Definitions of Sex Offenses:
Sexual assault is a crime. Under Article 130 of the New York State Penal Law, it is a sex offense to engage in sexual contact or to engage in sexual intercourse, sodomy or sexual abuse by contact without the consent of the victim or where the victim is incapable of giving consent. Criminal sex offenses are classified in degree according to the seriousness of sexual activity, the degree of force used, the age of the victim and the physical and mental capacity of the offender and victim.
Under New York State Penal and Criminal Procedure Laws 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.
Missing Persons
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. The City University of New York Missing Persons Policy is available at: www.cuny.edu/about/administration/offices/sa/policies/MissingPersonswithoutmemo.pdf
ADMISSION OF SEX OFFENDERS
(as provided by the Vice Chancellor’s Office of 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 Departments. To obtain information about a Level 2 or Level 3 registered sex offender you may
Contact the police department in the jurisdiction in which the offender resides and/or in which the college is located.
Contact Chief Arnaldo Bernabe, Director of Public Safety, at 718-518-6888
Call the Division’s sex offender registry at 800-262-3257
To obtain information about Level 3 offenders only, you may:
Contact the Division’s sex offender registry web site
www.criminaljustice.state.ny.us/nsor/sor-about.htm and then click on “Search for Level 3 Sex Offenses;” or
• Access the Division’s Level 3 subdirectory electronically at the Chief of Public Safety office during regular business hours.
Policy Links to:
PROCEDURES IMPLEMENTING THE CITY UNIVERSITY OF NEW YORK’S POLICIES ON EQUAL OPPORTUNITY, NON-DISCRIMINATION AND AGAINST SEXUAL HARASSMENT
Is available at: http://www.cuny.edu/about/administration/offices/la/PolicyonEqualOpportunityandNonDiscriminationandProceduresDecember42014.pdf
THE CITY UNIVERSITY OF NEW YORK – POLICIES AND PROCEDURES CONCERNING SEXUAL ASSAULT, STALKING AND DOMESTIC AND INTIMATE PARTNER VIOLENCE AGAINST STUDENTS
Is available at: http://www.cuny.edu/about/administration/offices/la/Policy-on-Sexual-Misconduct-12-1-14-with-links.pdf
CUNY POLICIES ON NON-DISCRIMINATION, SEXUAL HARASSMENT, REASONABLE ACCOMMODATIONS AND ACADEMIC ADJUSTMENTS
The City University of New York (“University” or “CUNY”), located in a historically diverse municipality, is committed to a policy of equal employment and equal access in its educational programs and activities. Diversity, inclusion, and an environment free from discrimination are central to the mission of the University.
It is the policy of the University—applicable to all colleges and units— to recruit, employ, retain, promote, and provide benefits to employees (including paid and unpaid interns) and to admit and provide services for students without regard to race, color, creed, national origin, ethnicity, ancestry, religion, age, sex (including pregnancy, childbirth and related conditions), sexual orientation, gender, gender identity, marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, status as a victim of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state and city laws. The policy is set forth in CUNY’s Policy on Equal Opportunity and Nondiscrimination,
CUNY’s Policy on Sexual Misconduct prohibits all forms of sexual misconduct, including sexual harassment, gender-based harassment, and sexual violence. Inquiries concerning sexual misconduct or sex discrimination may be made to the individuals specified in that Policy or may be referred to the U.S. Department of Education, Office for Civil Rights. Please refer to CUNY’s Policy on Sexual Misconduct, http://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/legal-affairs/policies-resources/Sexual-Misconduct-Policy.pdf
These policies also prohibit retaliation for reporting or opposing discrimination, or cooperating with an investigation of a discrimination/sexual misconduct/sexual harassment complaint.
It is also the University’s policy to provide reasonable accommodations when appropriate to individuals with disabilities, individuals observing religious practices, employees who have pregnancy or childbirth-related medical conditions, or employees who are victims of domestic violence/stalking/sex offenses. Please refer to CUNY’s Procedures for Implementing Reasonable Accommodations and Academic Adjustments,
Hostos Community College is an equal opportunity institution and does not discriminate on the basis of race, color, national origin, sex, disability, age, or any other category protected under federal, state, and city laws in its programs and activities and acknowledges its responsibility to maintain an environment free from discrimination and sexual harassment for its students, faculty, and staff.
Latoya Semone Jeffers, Esq. serves as Hostos Community College’s Chief Diversity Officer/Title IX Coordinator and 504/ADA Coordinator as well as the Director of the Office of Compliance and Diversity. The Office of Compliance and Diversity is responsible for ensuring the College's compliance with University and College policies, and applicable laws pertaining to non-discrimination, sexual misconduct/harassment, equal employment, affirmative action, and reasonable accommodations.
The Office of Compliance and Diversity is located in Room A-336; telephone: (718) 518-4284.
COMPLAINT PROCEDURES UNDER THE CITY UNIVERSITY OF NEW YORK’S POLICY ON EQUAL OPPORTUNITY AND NON-DISCRIMINATION
These Procedures govern any complaint of discrimination and/or retaliation, except complaints of sexual harassment and sexual violence, which are covered by CUNY’s Sexual Misconduct Policy. These procedures are applicable to all of the units and colleges of the University. The Hunter College Campus Schools may make modifications to these procedures, subject to approval by the University, as appropriate to address the special needs of their elementary and high school students.
These Procedures are intended to provide guidance for implementing the University Policy on Equal Opportunity and Non-Discrimination. These Procedures do not create any rights or privileges on the part of any others.
The University reserves the right to alter, change, add to, or delete any of these procedures at any time without notice.
1. Reporting Discrimination and/or Retaliation
The University is committed to addressing discrimination and/or retaliation complaints promptly, consistently and fairly.
Members of the University community, as well as visitors, may promptly report any allegations of discrimination or retaliation to the individuals set forth below:
A. Applicants, employees, visitors and students with discrimination complaints should raise their concerns with the Chief Diversity Officer at their location.
B. Applicants, employees, visitors and students with complaints of sexual harassment or sexual violence, including sexual assault, stalking, domestic and intimate violence, should follow the process outlined in CUNY’s Policy on Sexual Misconduct (include link).
C. There are separate procedures under which applicants, employees, visitors and students may request and seek review of a decision concerning reasonable accommodations for a disability, which are set forth in CUNY’s Procedures on Reasonable Accommodation. (include link)
2. Preliminary Review of Employee, Student, or Visitor Concerns
Individuals who believe they have experienced discrimination and/or retaliation should promptly contact the Chief Diversity Officer at their location to discuss their concerns, with or without filing a complaint. Following the discussion, the Chief Diversity Officer will inform the complainant of the options available. These include seeking informal resolution of the issues the complainant has encountered or the college conducting a full investigation. Based on the facts of the complaint, the Chief Diversity Officer may also advise the complainant that his or her situation is more suitable for resolution by another entity within the University.
3. Filing a Complaint
Following the discussion with the Chief Diversity Officer, individuals who wish to pursue a complaint of discrimination and/or retaliation should be provided with a copy of the University’s complaint form. Complaints should be made in writing whenever possible, including in cases where the complainant is seeking an informal resolution.
4. Informal Resolution
Individuals who believe they have been discriminated or retaliated against may choose to resolve their complaints informally. Informal resolution is a process whereby parties can participate in a search for fair and workable solutions. The parties may agree upon a variety of resolutions, including but not limited to modification of work assignment, training for a department, or an apology. The Chief Diversity Officer will determine if informal resolution is appropriate in light of the nature of the complaint. Informal resolution requires the consent of both the complainant and the respondent and suspends the complaint process for up to thirty (30) calendar days, which can be extended upon consent of both parties, at the discretion of the Chief Diversity Officer.
Resolutions should be agreed upon, signed by, and provided to both parties. Once both parties reach an informal agreement, it is final. Because informal resolution is voluntary, sanctions may be imposed against the parties only for a breach of the executed voluntary agreement.
The Chief Diversity Officer or either party may at any time, prior to the expiration of thirty (30) calendar days, declare that attempts at informal resolution have failed. Upon such notice, the Chief Diversity Officer may commence a full investigation.
If no informal resolution of a complaint is reached, the complainant may request that the Chief Diversity Officer conduct a full investigation of the complaint.
5. Investigation
A full investigation of a complaint may commence when it is warranted after a review of the complaint, or after informal resolution has failed.
It is recommended that the intake and investigation include the following, to the extent feasible:
a. Interviewing the complainant. In addition to obtaining information from the complainant (including the names of any possible witnesses), the complainant should be informed that an investigation is being commenced, that interviews of the respondent and possibly other people will be conducted, and that the President will determine what action, if any, to take after the investigation is completed.
References to the President in these Procedures refer to the Executive Vice Chancellor and Chief Operating Officer and the Deans of the Law School, Graduate School of Journalism, CUNY School of Public Health , School of Professional Studies and Macauley Honors College, wherever those units are involved, rather than a college.
b. Interviewing the respondent. In addition to obtaining information from the respondent (including the names of any possible witnesses), the respondent should be informed that a complaint of discrimination has been received and should be provided a copy of the complaint unless circumstances warrant otherwise. Additionally, the respondent should be informed that an investigation has begun, which may include interviews with third parties, and that the President will determine what action, if any, to take after the investigation is completed. A respondent employee who is covered by a collective bargaining agreement may consult with, and have, a union representative present during the interview.
The respondent must be informed that retaliation against any person who files a complaint of discrimination, participates in an investigation, or opposes a discriminatory employment or educational practice or policy is prohibited under this policy and federal, state, and city laws. The respondent should be informed that if retaliatory behavior is engaged in by either the respondent or anyone acting on his/her behalf, the respondent may be subject to disciplinary charges, which, if sustained, may result in penalties up to and including termination of employment, or permanent dismissal from the University if the respondent is a student.
c. Reviewing other evidence. The Chief Diversity Officer should determine if, in addition to the complainant, the respondent, and those persons named by them, there are others who may have relevant information regarding the events in question, and speak with them. The Chief Diversity Officer should also review documentary evidence that may be relevant to the complaint.
6. Withdrawing a Complaint
A complaint of discrimination may be withdrawn at any time during the informal resolution or investigation process. Only the complainant may withdraw a complaint. Requests for withdrawals must be submitted in writing to the Chief Diversity Officer. The University reserves the right to continue with an investigation if it is warranted. In a case where the University decides to continue with an investigation, it will inform the complainant.
In either event, the respondent must be notified in writing that the complainant has withdrawn the complaint and whether University officials have determined that continuation of the investigation is warranted for corrective purposes.
7. Timeframe
While some complaints may require extensive investigation, whenever possible, the investigation of a complaint should be completed within sixty (60) calendar days of the receipt of the complaint.
8. Action Following Investigation of a Complaint
a. Promptly following the completion of the investigation, the Chief Diversity Officer will report his or her findings to the President. In the event that the respondent or complainant is a student, the Chief Diversity Officer will also report his or her findings to the Chief Student Affairs Officer.
b. Following such report, the President will review the complaint investigation report and, when warranted by the facts, authorize such action as he or she deems necessary to properly correct the effects of or to prevent further harm to an affected party or others similarly situated. This can include commencing action to discipline the respondent under applicable University Bylaws or collective bargaining agreements.
c. The complainant and the respondent should be apprised in writing of the outcome and action, if any, taken as a result of the complaint.
d. The President will sign a form that will go into each investigation file, stating what, if any, action will be taken pursuant to the investigation.
e. If the President is the respondent, the Vice Chancellor of Human Resources Management will appoint an investigator who will report his/her findings to the Chancellor. The Chancellor will determine what action will be taken. The Chancellor’s decision will be final.
9. Immediate Preventive Action
The President may take whatever action is appropriate to protect the college community in accordance with applicable Bylaws and collective bargaining agreements.
10. False and Malicious Accusations
Members of the University community who make false and malicious complaints of discrimination, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action.
11. Anonymous Complaints
All complaints will be taken seriously, including anonymous complaints. In the event that a complaint is anonymous, the complaint should be investigated as thoroughly as possible under the circumstances.
12. Responsibilities
a. Responsibilities of the President:
Appoint a Chief Diversity Officer responsible for addressing complaints under this Policy
Ensure that the Chief Diversity Officer is fully trained and equipped to carry out his/her responsibilities.
Ensure that managers receive training on the Policy.
Annually disseminate the Policy and these Procedures to the entire college community and include the names, titles and contact information of all appropriate resources at the college. t Such information should be widely disseminated, including placement on the college website.
b. Responsibilities of Managers:
Managers must take steps to create a workplace free of discrimination, harassment and retaliation, and must take each and every complaint seriously. Managers must promptly consult with the Chief Diversity Officer if they become aware of conduct that may violate the Policy.
For purposes of this policy, managers are employees who either (a) have the authority to make tangible employment decisions with regard to other employees, including the authority to hire, fire, promote, compensate or assign significantly different responsibilities; or (b) have the authority to make recommendations on tangible employment decisions that are given particular weight. Managers include vice presidents, deans, directors, or other persons with managerial responsibility, including, for purposes of this policy, department chairpersons and executive officers.
c. Responsibilities of the University Community-at-Large:
Members of the University community who become aware of allegations of discrimination or retaliation should encourage the aggrieved individual to report the alleged behavior.
All employees and students are required to cooperate in any investigation.
Some Relevant Laws Concerning Non-discrimination and Equal Opportunity
Section 1324b of the Immigration and Nationality Act prohibits employers from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices or “document abuse” relating to the employment eligibility verification or Form I-9 process. Document abuse prohibited by the statute includes improperly requesting that an employee produce more documents than required by the I-9 form, or a particular document, such as a “green card”, to establish the employee’s identity and employment authorization; improperly rejecting documents that reasonably appear to be genuine during the I-9 process; and improperly treating groups of applicants differently when completing the I-9 form.
Executive Order 11246, as amended, prohibits discrimination in employment by all institutions with federal contracts and requires affirmative action to ensure equal employment opportunities.
Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in employment (including hiring, upgrading, salaries, fringe benefits, training, and other terms, conditions, and privileges of employment) on the basis of race, color, religion, national origin, or sex.
Title VI of the Civil Rights Act of 1964 prohibits discrimination or the denial of benefits because of race, color, or national origin in any program or activity receiving federal financial assistance.
Equal Pay Act of 1963, as amended, requires that men and women performing substantially equal jobs in the same workplace receive equal pay.
Title IX of the Education Amendments of 1972 prohibits discrimination or the denial of benefits based on sex in any educational program or activity receiving federal financial assistance.
Age Discrimination in Employment Act, as amended, prohibits discrimination against individuals who are age 40 or older.
Section 504 of the Rehabilitation Act of 1973 defines and forbids acts of discrimination against qualified individuals with disabilities in employment and in the operation of programs and activities receiving federal financial assistance.
Section 503 of the Rehabilitation Act of 1973 requires federal contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.
Vietnam Era Veterans’ Readjustment Act of 1974, as amended, requires government contractors and subcontractors to take affirmative action to employ and advance in employment disabled and other protected veterans.
Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, prohibits employment discrimination based on military status and requires reemployment following military service in some circumstances.
Americans with Disabilities Act of 1990, as amended, prohibits discrimination on the basis of disability.
Genetic Information Nondiscrimination Act of 2008 prohibits employment discrimination based on genetic information.
New York City Human Rights Law prohibits discrimination based on age (18 and older), race, creed, color, national origin, gender (including gender identity and expression), disability, marital status, partnership status, sexual orientation, alienage or citizenship status, arrest or conviction record, unemployment status, or status of an individual as a victim of domestic violence, sex offenses or stalking.
New York City Workplace Religious Freedom Act requires an employer to make accommodation for an employee’s religious needs.
New York State Education Law Section 224-a requires institutions of higher education to make accommodations for students who are unable to attend classes or take examinations due to their religious beliefs.
New York State Human Rights Law prohibits discrimination based on race, creed, color, national origin, sexual orientation, military status, sex, age (18 and older), marital status, domestic violence victim status, disability, predisposing genetic characteristics or prior arrest or conviction record.
New York City Pregnant Workers Fairness Act provides that employers provide pregnant employees with reasonable accommodations for the employee’s pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Inquiries regarding the College’s non-discrimination policies can be directed to the Director of Compliance and Diversity, Latoya Semone Jeffers, Esq. (Room A-337); 718-518-4284; LJEFFERS@hostos.cuny.edu.
Complaints can also be submitted online: https://www.hostos.cuny.edu/Administrative-Offices/Office-of-Compliance-and-Diversity/Online-Complaint-Form