Title IX

TITLE IX

1. Statement of Purpose

2. Scope of Policy

3. Definitions

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

5. Resources and Emergency Support Services

6. How to File a Report

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

Every member of The City University of New York ( CUNY ) community, including students, employees and visitors, deserves the opportunity to live, learn and work free from Sexual Misconduct (sexual harassment, gender-based harassment and sexual violence). Accordingly, CUNY is committed to: 

1) Defining conduct that constitutes prohibited Sexual Misconduct; 
2) Providing clear guidelines for students, employees and visitors on how to report incidents of Sexual Misconduct and a commitment that any complaints will be handled respectfully; 
3) Promptly responding to and investigating allegations of Sexual Misconduct, 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 Misconduct; 
5) Providing awareness and prevention information on Sexual Misconduct, including widely disseminating this policy, as well as a students bill of rights and implementing training and educational programs on Sexual Misconduct 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. 

This is the sole policy at CUNY addressing Sexual Misconduct and is applicable at all college and units at the University. It will be interpreted in accordance with the principles of academic freedom adopted by CUNY's Board of Trustees. 

Students are encouraged to contact Kingsborough's Title IX Coordinator for concerns or questions relating to sexual misconduct, discrimination and/or harassment: 
Title IX Coordinator
718-368-6896 V-231 
Title_IX_Inquiries@kbcc.cuny.edu

 

2. Scope of Policy

This policy governs the conduct of (i) all the members of CUNY's community, including employees and students, and (ii) non-members of CUNY's community who interact with members of the CUNY community (hereinafter "visitors'). Visitors are both protected by and subject to this policy. A non-member may make a complaint of or report a violation of this policy committed by a member of CUNY's community. A non-member may also be subject to restrictions for failing to comply with this policy. This policy applies to conduct that occurs on and off CUNY property.

3. Definitions

Sexual harassment is unwelcome conduct of a sexual nature, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, graphic and electronic communications or physical conduct of a sexual nature when:

1. submission to or rejection of such conduct is made either explicitly or implicitly a condition of an individual's employment or academic standing or is used as the basis for employment decisions or for academic evaluation, grades, or advancement (quid pro quo); or
2. such conduct is sufficiently serious that it alters the conditions of, or has the effect of substantially interfering with, an individual's educational or work experience by creating an intimidating, hostile, or offensive environment (hostile environment). The effect will be evaluated based on the perspective of a reasonable person in the position of a complainant.

Conduct is considered "unwelcome" if the individual did not request or invite it and considered the conduct to be undesirable or offensive.

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

1. Inappropriate or unwelcome physical contact or suggestive body language, such as touching, groping, patting, pinching, hugging, kissing, or brushing against an individual's body;
2. Verbal abuse or offensive comments of a sexual nature, including sexual slurs, persistent or pervasive sexually explicit statements, questions, jokes or anecdotes, degrading words regarding sexuality or gender, suggestive or obscene letters, notes, or invitations;
3. Visual displays or distribution of sexually explicit drawings, pictures, or written materials; or
4. Undue and unwanted attention, such as repeated inappropriate flirting, staring, or making sexually suggestive gestures.

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 () 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 includesacts 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.

Please see the full policy for a more comprehensive list of definitions.

 

 

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

In order for the University to address allegations of sexual misconduct, it has to learn about them. Accordingly, CUNY strongly encourages individuals who have experienced sexual misconduct to file a complaint with a designated campus official, as outlined below. The designated officials are trained to accept complaints, to ensure they are investigated in accordance with this policy, and to help complainants get necessary assistance. 
            
Students, faculty, staff and visitors are encouraged to report incidents of sexual misconduct to campus officials, even if they have reported the incident to outside law enforcement authorities, and regardless of whether the incident took place on or off-campus (including "study abroad" programs.) Such reporting will enable complainants to get the support they need and provide the college with the information it needs to take appropriate action.

To report an incident, contact the Title IX Coordinator at 718-368-6896 V-231 Title_IX_Inquiries@kbcc.cuny.edu.

Alternatively, you may contact Public Safety at 718-368-5069 L-202 (2nd fl. of library) or the Office of the Vice President of Student Affairs at 718-368-5563 A-216.

Please see the full policy for a comprehensive breakdown of the reporting process.

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 718-368-5069 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: Find here

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 Here 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: List
• 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
   718-368-6896
   Office location: V-231
   Title_IX_Inquiries@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	212-673-3000 (Confidential)
National Suicide Prevention Hotline	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	1-800-LIFENET (1-800-543-3638)
-  En Español	1-877-AYUDESE (1-877-298-3373)
-  Asian LifeNet (Mandarin, Cantonese & Korean)	1-877-990-8585
-  Deaf/Hearing Impaired (TTY)	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)

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 718-368-6896 Office location: V-231 Title_IX_Inquiries@kbcc.cuny.edu

Director of Public Safety 718-368-5069 718-368-4800 Office Location: L-202 (2nd floor of library)

Chief Student Affairs Officer 718-368-5563 Office location: A-216

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/