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Sexual Misconduct Complainants' Bill of Rights

About Title IX: What You May Not Know

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Key Campus Contacts

Office of the Vice President of Student Affairs

718-368-5563 A-216

Office of Public Safety

718-368-5069 or 4800
L-202 (2nd floor of Library)

Title IX Coordinator

718-368-6896 E-116

Counseling Services

718-368-5975 D-102

Health Services

718-368-5684 A-108

Women’s Center

718-368-4700 M-382

Men’s Resource Center

718-368-5864 U-218

TITLE IX

1. Statement of Purpose

2. Definitions

3. Process to Report and Resolve Allegations of Sexual Misconduct, Harassment, Discrimination

4. Medical Amnesty/Good Samaritan Policy

5. Resources and Emergency Support Services

6. How to File a Report

7. HAVEN Training: Understanding sexual assault

Title IX is a landmark federal civil right that prohibits sex discrimination in education. Title IX is part of the Education Amendments of 1972 which protects people from discrimination based on sex in education programs and activities that receive federal financial assistance. Title IX protects all students that may be affected by sexual harassment, discrimination and violence, including women, girls, and gender nonconforming persons. It also protects individuals from retaliation by a school or any party for reporting any Title IX related incidents.

The following is an overview of the CUNY Policy on Sexual Misconduct;
 The Full CUNY Policy on Sexual Misconduct is available here

  1. Statement of Purpose

    CUNY and Kingsborough Community College are committed to providing a safe and welcoming environment to all students. Every member of The City University of New York community, including students, employees and visitors, deserves the opportunity to live, learn and work free from sexual harassment, gender-based harassment and sexual violence. Accordingly, CUNY is committed to:

    1) Defining conduct that constitutes prohibited sexual harassment, gender-based harassment and sexual violence;
    2) Providing clear guidelines for students, employees and visitors on how to report incidents of sexual harassment, gender-based harassment and sexual violence and a commitment that any complaints will be handled respectfully;
    3) Promptly responding to and investigating allegations of sexual harassment, gender based harassment and sexual violence, pursuing disciplinary action when appropriate, referring the incident to local law enforcement when appropriate, and taking action to investigate and address any allegations of retaliation;
    4) Providing ongoing assistance and support to students and employees who make allegations of sexual harassment, gender-based harassment and sexual violence;
    5) Providing awareness and prevention information on sexual harassment, gender-based harassment and sexual violence, including widely disseminating this policy, and implementing training and educational programs on sexual harassment, gender-based harassment and sexual violence to college constituencies; and
    6) Gathering and analyzing information and data that will be reviewed in order to improve safety, reporting, responsiveness and the resolution of incidents.

    Students are encouraged to contact Kingsborough’s Title IX Coordinator for concerns or questions relating to sexual misconduct, discrimination and/or harassment:
    Brian Brennan
    718-368-6896 E-116
    brian.brennan@kbcc.cuny.edu

    For more information on Title IX and who to contact visit
    http://www.kbcc.cuny.edu/sexualharassment/Pages/sexualharassment.aspx

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  2. Definitions

    While it is not possible to list all circumstances that might constitute sexual misconduct, the following are some examples of conduct that might constitute sexual misconduct depending on the totality of the circumstances:

    Sexual harassment includes unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, graphic and electronic communications or physical conduct that is sufficiently serious to adversely affect an individual’s participation in employment, education or other CUNY activities.
    Gender-based harassment is unwelcome conduct of a nonsexual nature based on an individual’s actual or perceived sex, including conduct based on gender identity, gender expression, and nonconformity with gender stereotypes that is sufficiently serious to adversely affect an individual’s participation in employment, education or other CUNY activities.
    Sexual violence is an umbrella term that includes sexual assault, such as rape/attempted rape, criminal sexual act, forcible touching, and sexual abuse.

    Sexual assault is any form of sexual contact (i.e., any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party) that occurs without consent and/or through the use of force, threat of force, intimidation, or coercion. Examples of sexual assault include:
    (a) Rape and attempted rape is engaging or attempting to engage in sexual intercourse with another person: (a) without such person’s consent; (b) where such person is incapable of giving consent by reason of being mentally disabled, mentally incapacitated or physically helpless; or (c) where such person is less than seventeen years old. Sexual intercourse includes vaginal or anal penetration, however slight.
    (b) Criminal sexual act is engaging in oral or anal sexual conduct with another person without such person’s consent.
    (c) Forcible touching is intentionally touching the sexual or other intimate parts of another person without the latter’s consent for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.
    (d) Sexual abuse is subjecting another person to sexual contact without the latter’s consent.
    If of a sexual nature, stalking/cyberstalking (hereinafter “stalking”) and dating, domestic and intimate partner violence may also constitute sexual harassment, gender-based harassment or sexual violence.
    Stalking is intentionally engaging in a course of conduct directed at a specific person 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) causes 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, telephoning 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.
    For purposes of this policy, sexual harassment also includes acts that violate an individual’s right to privacy in connection with her/his body and/or sexual activity such as: (i) Recording images (e.g. video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent; (ii) Disseminating images (e.g. video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure; (iii) Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent.

    Dating, domestic and intimate partner violence is a pattern of coercive behavior that can include physical, psychological, sexual, economic and emotional 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.

    Consent is a knowing, informed, voluntary and mutual decision to engage in agreed upon 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 failure to resist does not, in and of itself, demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. Consent can be withdrawn at any time. Past consent to sexual activity between individuals does not constitute consent to subsequent sexual activity between those individuals, and consent to one form of sexual activity does not necessarily imply consent to other forms of sexual activity. Whether one party to sexual activity is in a position of authority or influence over the other party is a relevant factor in determining consent. In order to give consent, one must be of legal age (17 years or older) and not mentally or physically incapacitated, or physically helpless, unconscious or asleep. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Consent is not valid if it is the result of coercion, intimidation, force or threat of harm.

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  3. Process to Report and Resolve Allegations of Sexual Misconduct, Harassment, Discrimination

    The college will conduct an investigation when it becomes aware, from any source (including third-parties not connected to the college or university), that sexual harassment, gender-based harassment or sexual violence may have been committed against a student, employee or visitor, unless the complainant has requested that the college refrain from such an investigation and the college has determined that it may do so.

    To report an incident, contact the Title IX Coordinator at 718-368-6896 V-125 Brian.Brennan@kbcc.cuny.edu. Alternatively, you may contact Public Safety at 718-368-4800 L-202 (2nd fl. of library) or the Office of the Vice President of Student Affairs at 718-368-5563 A-216.
    1. The Investigation
      The college Title IX Coordinator is responsible for conducting the investigation in a prompt, thorough, and impartial manner. The college Title IX Coordinator shall inform the respondent that an investigation is being commenced and shall inform the respondent of the allegations of the complainant. If there is a written complaint, the respondent shall be provided with a copy of the complaint unless circumstances warrant otherwise. The Title IX Coordinator shall coordinate investigative efforts with other college offices, and may designate another trained individual to conduct all or part of the investigation. A respondent employee who is covered by a collective bargaining agreement may consult with and have a union representative present at any interview conducted as part of such investigation. The college Title IX Coordinator shall take prompt and effective steps reasonably calculated to end any sexual harassment, gender-based harassment or sexual violence, including: (i) taking interim measures; (ii) preventing retaliation; (iii) providing the complainant and the respondent with periodic status updates of the investigation and notice of outcome of the investigation; (iv) informing the complainant of her/his right to file a criminal complaint; (v) coordinating with law enforcement agencies, as appropriate, after consultation with Public Safety; (vi) maintaining all documents of the investigation; and (vii) drafting a report of findings, which is to be submitted to the College President.
    2. Conflicts
      If any administrator designated by this policy to participate in the investigation or resolution of a complaint (including but not limited to the Title IX Coordinator) is the respondent, the College President will appoint another college administrator to perform 11 such person’s duties under this policy. If the President is the respondent, the investigation will be handled by the University Title IX Coordinator or her/his designee.
    3. Mediation
      While mediation is not permitted in cases where sexual violence is alleged, it may be appropriate where sexual harassment or gender-based harassment allegations have been made by a student or employee but there is no allegation of sexual violence. Mediation is a process whereby the parties can participate in a search for fair and workable solutions. Mediation requires the consent of both the complainant and the respondent, but does not require the complainant and respondent to meet face-to-face. Either party, however, has the right to end the mediation at any time and proceed with the investigation process. A respondent who is covered by a collective bargaining agreement may consult with and have a union representative present at any mediation session.
    4. Timing
      The college shall make every reasonable effort to ensure that the investigation and resolution of a complaint are carried out as timely and efficiently as possible. However, the college may need to delay the fact-finding portion of its investigation during the evidence-gathering phase of a law enforcement investigation. While some complaints may require extensive investigation, whenever possible, the investigation of complaints should be completed within sixty (60) calendar days of the receipt of the complaint. If there is a delay in completing the investigation, the Title IX Coordinator shall notify the complainant and the respondent in writing.
    5. Report of Findings
      Following the completion of the investigation, the Title IX Coordinator shall report her/his findings to the College President in writing. Following such report, the College President shall review the complaint investigation report and authorize such action as she/he deems necessary to address the issues raised by the findings. In the event the complainant or the respondent is a student, the report shall also be sent to the Chief Student Affairs Officer. A copy of the report shall be maintained in the files of the Title IX Coordinator.
    6. Disciplinary Action
      Following an investigation, the College President may recommend that disciplinary action be commenced against the respondent student or employee.
      1. Discipline against students. In cases where a student is accused of a violation of this policy, including retaliation, the matter shall be referred to the college’s Office of Student Affairs and action shall be taken in accordance with Article XV of the CUNY Bylaws, which contains the 12 student disciplinary process at CUNY. Under the student disciplinary process, complainants have the same right as respondents to receive notice of the charges, to attend and participate fully in a disciplinary hearing, to appear through a representative of their choice, including an attorney, to receive notice of the decision of the faculty-student disciplinary committee, and to appeal. Penalties for students instituted after a hearing before the faculty-student disciplinary committee range from a warning to suspension or expulsion from the University.
      2. Discipline against employees. In cases where an employee is accused of a violation of this policy, including retaliation, the matter shall be referred for disciplinary action in accordance with the applicable CUNY policies, rules and collective bargaining agreements. Penalties for employees include reprimand, suspension or termination of employment following applicable disciplinary procedures. For many respondent employees, these procedures may include a hearing before a non-CUNY fact-finder, as required by collective bargaining agreements.
      3. Action against visitors. In cases where the person accused of sexual harassment, gender-based harassment or sexual violence is neither a CUNY student nor a CUNY employee, the college’s ability to take action against the accused is extremely limited. However, the college shall take all appropriate actions within its control, such as restricting the visitor’s access to campus. In addition, the matter shall be referred to local law enforcement for legal action where appropriate.
      4. No disciplinary action. In cases where a determination is made not to bring disciplinary action, the Title IX Coordinator shall inform the complainant and the respondent of that decision contemporaneously, in writing, and shall offer counseling or other support services to both the complainant and the respondent.

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  4. Medical Amnesty/Good Samaritan Policy

    1. The City University of New York’s ("CUNY's") Medical Amnesty/Good Samaritan Policy’s purpose is to encourage students to seek medical assistance related to drug and alcohol use without fear of being disciplined for such use. Because the use of drugs or alcohol may be life-threatening, CUNY wishes to reduce barriers to seeking and receiving medical help in those situations. In addition, CUNY wishes to encourage students who may be the victims of or witnesses to sexual harassment or sexual violence while under the influence of drugs or alcohol to seek medical assistance and to report that sexual assault. Toward that end, CUNY’s Policy is that students who seek medical assistance either for themselves or others will not be subject to discipline under the circumstances described below.
    2. Students who call for medical assistance for themselves or others and/or who receive medical assistance as a result of a call will not be disciplined for the consumption of alcohol (either if underage or if consumed in a CUNY-owned or operated building/facility where alcohol consumption is prohibited) or drugs under certain conditions. First, the students involved must agree to timely completion of assigned alcohol and/or drug education activities, assessment, and/or treatment, to be determined by the individual campuses or units of CUNY with which the students are affiliated. Second, there must be no other violations that ordinarily would subject the student to disciplinary action. Other violations that would invoke discipline include but are not limited to (i) unlawful distribution of alcohol or drugs; (ii) sexual assault; (iii) sexual harassment; (iv) causing or threatening physical harm; (v) causing damage to property; (vi) hazing.
    3. If students are involved in repeated incidents, the availability of medical amnesty to those students is at the discretion of the campus or unit with which the students are affiliated. Even if medical amnesty is granted to those students, repeated incidents raise issues of medical concern and may result in parental notification, medical withdrawal, and/or other non-disciplinary responses.
    4. Failure to complete required alcohol and/or drug education activities, assessment and/or treatment by the deadline may result in a revocation of medical amnesty.
    5. CUNY’s Policy is intended to complement New York State’s Good Samaritan Law, which is designed to encourage individuals to call 911 in the event of an alcohol or drug-related emergency. Generally, this law protects persons who witness or suffer from a medical emergency involving drugs or alcohol from being arrested or prosecuted for drug or underage alcohol possession after they call 911. It does not protect against arrest or prosecution for other offenses, such as the sale of drugs. For more information on New York’s Good Samaritan Law, see N.Y. Public Health L. §§ 3000-a, 3000-b, 3013 (McKinney 2000); see also NY State Assembly website database of law.
  5. Resources and Emergency Support Services

    If You Recently Were Sexually Assaulted

    • and the incident occurred on-campus, call Public Safety or 911;
      Public Safety 718-368-4800 or use Extension 7777 if calling inside the college telephone system
    • and the incident occurred off-campus, call 911 or go to the local NYPD precinct.
      Contacting the police does not require you to file charges.
      You can use this link to find a precinct closest to where you are.

    Emergency Care Information

    • Seek medical attention as soon as possible. Campus Public Safety or the police can help you get medical care or you can go on your own (or with a friend) to an emergency room.
    Visit http://www.svfreenyc.org/survivors_emergency.html for information on emergency care and a list of hospitals in New York City with SAFE Centers (Sexual Assault Forensic Examiner).
    • Preserve evidence. You do not need to decide immediately whether to take action against the person who assaulted you. But if you might want to do this, it is important to preserve evidence of the assault. Go to an emergency room and ask for a SAFE or rape exam. (Do not bathe or brush your teeth prior to going.) For a list of hospitals in New York City with this service, go to: http://www.svfreenyc.org/survivors_emergency.html. Retain the clothing you were wearing in a paper (not plastic) bag. If the assault took place in your home or dorm room, do not rearrange furniture and/or clean up.
    • We also encourage you to file a report with the Title IX Coordinator:
      Title IX Coordinator: 
      Brian Brennan 
      718-368-6896
      Office location: E-116
      Brian.Brennan@kbcc.cuny.edu

    The Title IX Coordinator is responsible for handling situations related to sexual assault, harassment, and/or discrimination, dating and domestic violence and/or stalking, and can provide you with your full rights under Title IX as well as give you information regarding the various procedures you may choose in dealing with this situation.

    You have the right to ask for your information to be kept confidential. Kingsborough Community College will do their best to keep your information as confidential as possible within the legal limits, and in accordance with the requirements of law enforcement authorities if they are to be contacted.

    If you would like to seek confidential support services at any time you may speak with a personal counselor in D-102 (718-368-5975). A medical health professional is also available on campus in A-108 (718-368-5684). You may also file a report with Public Safety or the Office of the Vice President of Student Affairs (see contact information in Section 5).

    EMERGENCY & CRISIS CONTACTS

    Campus/Local Emergency and Crisis Contacts
    Kingsborough Security Emergency
    (Available 24 hours)
    718-368-7777
    Kingsborough Medical Emergency
    (Monday - Friday, 8:00 am to 10:00 pm
    Saturday - Sunday, 9:00 am to 3:00 pm)
    718-368-5684
    Police/Ambulance 911
    61st Precinct, 2575 Coney Island Avenue 718-627-6611

    Hospital Emergency Rooms (24 Hours)
    Coney Island Hospital Emergency Room
    2601 Ocean Parkway
    718-616-4375
    Maimonides Medical Center
    Community Mental Health Center
    920 48th Street, First Floor
    Rapid Assess Clinic
    718-283-8100
    Kings County Hospital Emergency Room
    451 Clarkson Avenue
    718-245-5209

    Mental Health/Suicidal Risk Emergency (after-hours crisis resources)
    Samaritans of New York
    24 Hotline
    Trained paraprofessional volunteers offer help on a variety of
    issues including depression, suicidal thoughts, grief,
    sexual issues and alcoholism
    National Suicide Prevention Hotline
    212-673-3000
    (Confidential)


    1-800-SUICIDE
    (1-800-784-2433)
    LifeNet is a confidential and free mental health information,
    referral, and crisis hotline available to anyone at anytime

    - En Español


    - Asian LifeNet (Mandarin, Cantonese & Korean)
    - Deaf/Hearing Impaired (TTY)
    1-800-LIFENET
    (1-800-543-3638)

    1-877-AYUDESE
    (1-877-298-3373)

    1-877-990-8585
    212-982-5284

    Sexual Assault Response Services
    Dating and Intimate Partner Violence 
    - Safe Horizon Domestic Violence Hotline 1-800-621-HOPE
    (1-800-621-4673)
    - NYC Gay & Lesbian Anti-Violence Project 212-714-1141
    - New York Asian Women’s Center
      (Multilingual 24-hour hotline)
    1-888-888-7702
    Stalking (stranger, acquaintance or previous intimate relationship) 
    - Safe Horizon Stalking 212-577-7777
    - National Center for Victims of Crime 1-800-211-7996
    Rape and Sexual Assault 
    - Safe Horizon for Rape, Sexual Assault, Incest 212-227-3000
    - NYPD SVU Liaison Squad (24 Hours) 212-267-RAPE
    (212-267-7273)

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  6. How to file a report

    If you are a victim of or have observed sexual assault, dating violence, sexual harassment, domestic violence and/or stalking, please report concerns to the Office of the Vice President of Student Affairs, Public Safety and/or the Title IX Coordinator.

    Title IX Coordinator
    Brian Brennan
    718-368-6896
    Office location: E-116
    Brian.Brennan@kbcc.cuny.edu

    Public Safety Department
    718-368-5069
    718-368-4800
    Office Location:
    L-202 (2nd floor of library)
    Chief Student Affairs Officer
    Peter Cohen
    718-368-5563
    Office location: A-216
    peter.cohen@kbcc.cuny.edu

    To learn more about combating sexual assault and other unwelcomed sexual behavior, please visit: http://www1.cuny.edu/sites/title-ix/campus/kingsborough-community-college/

  7. HAVEN Training: Understanding Sexual Assault

    The HAVEN student training is part of Kingsborough’s commitment to providing an environment for students, faculty, staff, and visitors that is free from sexual discrimination and violence. After completing the training, we hope that you will feel more confident in your ability to recognize sexual assault and discrimination, distinguish the ways in which you can help someone who has been affected by sexual assault, and become aware of the actions you can take to prevent sexual assault from occurring. You are expected to complete this training during your time at Kingsborough Community College.

    If you DON’T HAVE an EverFi Higher Ed. Account:

    1. 1. Go to: http://www.everfi.com/register
    2. 2. Enter the HAVEN Registration Code c31e64ab

    If you DO HAVE an EverFi Higher Ed. Account and need to add HAVEN to your dashboard:

    1. 1. Go to http://www.everfi.com/login
    2. 2. Once signed in, click Add a Course
    3. 3. Enter the HAVEN Registration Code c31e64ab

    Note: When prompted, please enter your EMPLID ID number to receive credit for completion. You can look-up your EMPLID ID on your CUNYfirst account.

    Other Important Information:

    • You will need Internet access and audio capabilities.
    • To avoid technical issues, please use an up to date web browser.
    • You may take the course in multiple sittings.
    • The course may include surveys to help personalize your experience and measure students’ attitudes and behaviors. All survey responses are confidential; the school will only receive information about the student body as a whole and will never see individual students’ answers.
    • Should you experience problems, technical support is available 24/7 and can be accessed from the “Help” link within the course.

    You may take the HAVEN module anywhere there is web access, including your home. The following is a list of on-campus facilities, should you choose to utilize campus resources to complete the HAVEN course:

    • Computer Lab located on the lower level of the Library Building (Open Mon-Thurs 8 am - 9:30 pm, Fri 8 am -4:30 pm; Open Saturdays and Sundays 10 am - 2:30 pm during the Fall and Spring semesters only).
    • Cyber Lounge in M200 (located on the 2nd floor of the MAC building and open Mon-Thurs 9 am - 10 pm).

    We are also proud to offer AlcoholEdu, a free and confidential online alcohol education course as part of the HAVEN training module. For more information on AlcoholEdu, please visit http://www.kbcc.cuny.edu/studentaffairs/student_conduct/pages/aod.aspx.

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