The City University of New York Policy on Sexual Misconduct/ Title IX

I. POLICY STATEMENT

The City University of New York (“CUNY” or the “University”) is committed to creating and maintaining an environment in which its community members live, learn, and work free from all forms of sex discrimination. In accordance with Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), as amended by the Violence Against Women Act (“VAWA”)/Campus Sexual Violence Act (“Campus SaVE Act”), Article 129-A and Article

129-B of the New York State Education Law, and all other federal, state, and local laws governing sex discrimination, CUNY prohibits dating violence, domestic violence, sexual assault, stalking, hostile environment harassment, quid pro quo harassment, knowingly submitting false statements or information relating to a report of sex discrimination, prohibited consensual relationships, retaliation, voyeurism, and all other forms of discrimination based on gender identity, pregnancy and related conditions, sex characteristics, sex stereotypes, and sexual orientation. In addition, CUNY is committed to: (1) assisting community members who are impacted by sex discrimination; (2) providing education and awareness training designed to eliminate sex discrimination and prevent future acts constituting sex discrimination; and (3) applying the Policy in a manner that is fair and impartial.

April 2024 Title IX Regulations

In April 2024, the United States Department of Education (“USDOE”) published regulations amending Title IX of the Education Amendments of 1972. The City University of New York Policy on Sex-Based Misconduct (the “Policy”), which is effective as of August 1, 2024, incorporates the provisions contained in those regulations. Conduct occurring prior to August 1, 2024, will be addressed using: (1) the deﬁnitions in effect at the time of the reported conduct; and (2) the procedures in effect at the time the matter is being addressed by CUNY.

Should any portion of Title IX of the Education Amendments of 1972 be stayed, held invalid by a court of law, withdrawn, deemed unenforceable, or in any other way modiﬁed so as to not require the application of the grievance process, deﬁnitions, or any other provisions contained herein, the relevant portion of the Policy, and the affected elements of it, will be deemed revoked as of the publication date of the opinion, order, decision, guidance, or other binding communication. To the extent permissible, if a matter is not resolved as of the date of the opinion, order, decision, guidance, or other binding communication, the grievance process will be investigated and adjudicated under the Policy. If it is impermissible to apply a speciﬁc provision contained in the Policy, CUNY will apply the relevant provision set forth in The City University of New York Policy on Sexual Misconduct that was in effect from August 14, 2020, to July 31, 2024.

II. NOTICE OF NON-DISCRIMINATION & ROLE OF THE TITLE IX COORDINATOR

It is the policy of CUNY – applicable to all schools, 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 gender, gender identity, sex characteristics, sex stereotypes, sexual orientation, and past/present/potential pregnancy, childbirth, and related conditions), marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, head of household/principal wager status, status as a survivor of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state, and local laws.

It is also CUNY’s policy to provide reasonable accommodations when appropriate to individuals with disabilities, individuals observing religious practices, employees who have past/present/potential pregnancy, childbirth, or related medical conditions including lactation time and space, or employees who are survivors of domestic violence/stalking/sex offenses.

Each school, college, or unit within CUNY has an employee who has been designated as the Title IX Coordinator. This employee is responsible for compliance with Title IX of the Education Amendments of 1972 (which prohibits sex discrimination in education programs or activities), New York State Education Law Article 129-B (“Enough is Enough”), and all other federal, state, and local laws pertaining to sex discrimination. The Title IX Coordinator has overall responsibility for implementing the Policy, including overseeing the response to reports of Sex-Based Misconduct that have a reasonable connection to their school, college, or unit. All Title IX Coordinators receive annual training on issues pertaining to

Sex-Based Misconduct. To access the Title IX webpage for each school, college, or unit – which contains the contact information for that school, college, or unit’s Title IX Coordinator – please go to https://www1.cuny.edu/sites/title-ix/campus-websites/.

Inquiries concerning the application of Title IX and its implementing regulations may be referred to the Title IX Coordinator or to the Assistant Secretary of the Office for Civil Rights (“OCR”), U.S. Department of Education, Lyndon Baines Johnson Department of Education Building, 400 Maryland Avenue SW, Washington, DC 20202-1100. You may call the OCR main numbers toll free at 800-421-3481 or 800-877-8339 (TDD). Or contact OCR’s New York office at https://www.ed.gov/ or 646-428-3800.

Filing External Complaints

Individuals who have been subjected to Sex-Based Misconduct have the right to avail themselves of any and all of their rights under law, including but not limited to ﬁling complaints with one or more of the external agencies listed below:

· U.S. Department of Education, Office for Civil Rights

· U.S. Equal Employment Opportunity Commission

· New York State Division of Human Rights

· New York City Commission on Human Rights

In certain circumstances, the school, college, or unit may close an investigation upon the ﬁling of an external complaint. When this happens, the external agency takes over the investigation and the school, college, or unit will cooperate with the investigation conducted by the external agency. If a school, college, or unit closes an investigation for this reason, the Title IX Coordinator will notify the parties in writing.

Additional University Policies Addressing Discrimination

The following University policies address additional or related forms of discrimination. The Policy and all other policies addressing discrimination are interpreted in accordance with the principles of academic freedom adopted by CUNY’s Board of Trustees.

· CUNY Policy on Equal Opportunity and Non-Discrimination

This policy prohibits discrimination against employees and students based on 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 survivor of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state, or local laws. The CUNY Policy on Equal Opportunity and Non-Discrimination can be found here: https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/hr/policies-and-procedures/PEONon- Discrimination12.4.2014.pdf

· CUNY Campus & Workplace Violence Policy

This policy prohibits workplace violence. The CUNY Campus & Workplace Violence Policy can be found here: https://www.cuny.edu/wp-content/uploads/sites/4/page- assets/about/administration/offices/legal-affairs/CUNY-Campus-and-Workplace-Violence-Prevention-Policy-2.28.11-and-amended-9.26.2011.pdf

· Gender Based Violence and the Workplace Policy

This policy prohibits gender-based violence occurring in the workplace or affecting employees in the workplace. The CUNY Gender Based Violence and the Workplace Policy can be found here: https://www.cuny.edu/wp-content/uploads/sites/4/page- assets/about/administration/offices/legal-affairs/policies-resources/Gender-Based-

Violence-and-the-Workplace-Policy.pdf

· Domestic Violence and the Workplace Policy

This policy prohibits domestic violence from occurring in the workplace or affecting employees in the workplace. The Domestic Violence and the Workplace Policy can be found here: https://policy.cuny.edu/general-policy/article-v/#policy_5.061

· Reasonable Accommodations and Academic Adjustments Procedures

This policy addresses the procedures CUNY follows in response to a request for a reasonable accommodation or academic adjustment. The Reasonable Accommodations and Academic Adjustments Procedures can be found here: https://www.cuny.edu/about/administration/offices/legal-affairs/policies-%20resources/reasonable-accommodations-and-academic-adjustments/v-%20accommodations/

· Hunter College Campus Schools Policy on Sex-Based Misconduct

The Hunter College Campus Schools are subject to a separate policy addressing sex discrimination. The Hunter College Campus Schools Policy on Sex-Based Misconduct can be found here: https://www.hunterschools.org/high-school/high-school-welcome

III. SCOPE OF THE POLICY

The Policy governs the conduct of CUNY students and employees participating in a CUNY education program or activity or engaging in conduct that has a reasonable connection to CUNY, and conduct by Third Parties that involves explicitly or impliedly conditioning the provision of a CUNY aid, beneﬁt, or service on a person’s participation in unwelcome sexual conduct. CUNY Visitors may be subject to restrictions under the Policy.

IV. SEX-BASED MISCONDUCT & DEFINITIONS

The Policy prohibits the following types of Sex-Based Misconduct.

A. Sex-Based Harassment

The following conduct constitutes Sex-Based Harassment.

1. Hostile Environment Harassment

Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or beneﬁt from CUNY’s education program or activity (i.e., creates a hostile environment).

Whether a hostile environment has been created is a fact-speciﬁc inquiry that includes consideration of the following:

(a) The degree to which the conduct affected the complainant’s ability to access CUNY’s education program or activity;

(b) The type, frequency, and duration of the conduct;

(c) The parties’ ages, roles within CUNY’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

(d) The location of the conduct and the context in which the conduct occurred; and

(e) Other Sex-Based Misconduct in CUNY’s education program or activity.

2. Quid Pro Quo Harassment

Conduct in which a CUNY employee or Third Party explicitly or impliedly conditions the provision of an aid, beneﬁt, or service on a person’s participation in unwelcome sexual conduct.

3. Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. Dating violence can be a single act or a pattern of behavior, based on the frequency, nature, and severity of the conduct. Dating violence includes the threat of sexual assault or physical abuse. The existence of such a relationship is determined based on a consideration of the following factors: (1) The length of the relationship; (2) The type of relationship and (3) The frequency of interaction between the persons involved in the relationship. A relationship may be romantic or intimate regardless of whether the relationship was sexual in nature.

For the purposes of this deﬁnition: (1) dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse; and (2) dating violence does not include acts covered under the deﬁnition of domestic violence.

4. Domestic Violence

Violence committed by a current or former spouse or intimate partner of the complainant by a person with whom the complainant shares a child, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under applicable domestic or family violence laws, or by any other person against an adult or youth complainant who is protected from that person’s acts under applicable domestic or family violence laws of the State of New York.

For the purposes of this deﬁnition: (1) the relationship between the respondent and the complainant must be more than just two people living together as roommates; and (2) the people cohabitating must be current or former spouses or have or have had an intimate relationship.

5. Sexual Assault: Contact

Any sexual contact – including sexual touching for the purpose of sexual gratiﬁcation, degradation of another person, or abuse of another person – without affirmative consent. Sexual touching includes: (1) contact under or over clothing with another person’s anus, breasts, buttocks, genitals, groin, or inner thigh; (2) touching another person under or over clothing with any of these body parts; (3) making another person touch any of these body parts under or over clothing; or (4) the emission of ejaculate on the body of another person or the clothing they are wearing. This deﬁnition includes the attempt to engage in any of the previously stated conduct.

6. Sexual Assault: Penetration

Any form of vaginal, anal, or oral penetration, however slight, by a penis, object, tongue, or ﬁnger without a person’s affirmative consent. This deﬁnition includes incest and statutory rape. This deﬁnition includes the attempt to engage in any of the previously stated conduct.

7. Stalking

Engaging in a course of conduct directed at a speciﬁc person that would cause a reasonable person to: (1) fear for their safety or the safety of others; or (2) suffer substantial emotional distress.

For the purposes of this deﬁnition: (1) course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property; (2) reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant; and (3) substantial emotional distress means signiﬁcant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

The Policy addresses stalking that is based on sex (including gender identity, pregnancy and related conditions, sex characteristics, sex stereotypes, and sexual orientation). All other stalking will be addressed under other applicable policies.

B. Sex-Based Discrimination & Related Misconduct

The following conduct constitutes Sex-Based Discrimination & Related Misconduct. Reported conduct that, if true, meets the deﬁnition of misconduct under both the

Sex-Based Harassment and Sex-Based Discrimination & Related Misconduct sections will be analyzed solely under the Sex-Based Harassment provisions.

1. Discrimination Based on Gender Identity

Unwelcome conduct directed toward a person based on their deeply felt, inherent sense of their gender, which may or may not be different than their sex assigned at birth, is prohibited under the Policy.

2. Discrimination Based on Past, Present, or Potential Pregnancy or Related Conditions

Subjecting a person to shame, punishment, unwanted sexual attention, or unwanted conduct based on past, present, or potential pregnancy or related conditions is prohibited under the Policy.

For the purposes of this deﬁnition:

(a) Pregnancy or related conditions means pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions as disclosed without any requirements for documentation.

(b) Pregnancy or related conditions will be treated as any other temporary medical condition for all job-related purposes, including commencement, duration and extensions of leave; payment of disability income; accrual of seniority and any other beneﬁt or service; and reinstatement; and under any fringe beneﬁt offered to employees by virtue of employment.

(c) In the case of an employee with insufficient leave or accrued employment time to qualify for leave, CUNY will treat pregnancy or related conditions as a justiﬁcation for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee will be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.

(d) CUNY will ensure all students and employees have reasonable access to a lactation space, which will be a space other than a bathroom, which is clean, shielded from view, free from intrusion from others, and may be used by a student or employee for expressing breast milk or breastfeeding as needed.

3. Discrimination Based on Sex Characteristics

Unwelcome conduct directed toward a person based on their physiological sex characteristics, which include a person’s anatomy, hormones, chromosomes associated with male or female bodies, or intersex traits is prohibited under the Policy.

4. Discrimination Based on Sex Stereotypes

Unwelcome conduct directed toward a person based on nonconformity with stereotypical notions of how someone of their sex, or perceived sex, is expected to act or appear, or that seeks to restrict a community member from participating in activities that are not stereotypically associated with that community member’s sex, or perceived sex, is prohibited under the Policy.

5. Discrimination Based on Sexual Orientation

Unwelcome conduct directed toward a person based on their emotional, romantic, or sexual attraction to a particular gender or sex is prohibited under the Policy.

6. Knowingly Submitting False Statements or Information

Knowingly making false statements or submitting false information in connection with any allegation of Sex-Based Misconduct – as opposed to providing information which, even if erroneous, is provided in good faith – is prohibited. Anyone who knowingly makes false statements or submits false information in connection with any allegation of Sex-Based Misconduct will be subject to disciplinary action in accordance with CUNY Bylaws, policies, and collective bargaining agreements. A party, witness, or other participant in CUNY's grievance process will not be disciplined under this provision based solely on a determination regarding whether Sex-Based Misconduct occurred.

7. Prohibited Consensual Relationships

Because all sexual activity, amorous relationships, or dating relationships (“intimate relationships”) between employees and students raise issues of unequal power dynamics, favoritism, exploitation, or conﬂicts of interest, employees, including faculty, are prohibited from engaging in intimate relationships with students for whom they have a professional responsibility, including undergraduates, graduate and professional students, and postdoctoral fellows. For the purposes of this paragraph, professional responsibility for a student means responsibility over any academic matters, including teaching, counseling, grading, advising for a formal project such as a thesis or research, evaluating, hiring, supervising, coaching, making decisions or recommendations that confer beneﬁts such as admissions, registration, ﬁnancial aid, other awards, remuneration, or fellowships, or performing any other function that might affect teaching, research, or other academic opportunities.

Because all intimate relationships between supervisory employees and the employees they supervise raise issues of unequal power dynamics, favoritism, exploitation, or conﬂicts of interest, employees, including faculty, who possess supervisory responsibility are prohibited from engaging in intimate relationships with any employee they supervise unless the existence of that relationship has been reported to: (1) the person to whom the supervisory employee reports; or (2) the head of Human Resources for the school, college, or unit employing the supervisory employee and/or the Labor Designee. The person receiving the required notice will implement a plan to avoid or mitigate any conﬂicts of interest between the individuals in the intimate relationship as well as any conﬂicts of interest involving any other CUNY community member. Mitigation may involve the transfer of either the supervisor or the employee they supervise, reassigning the responsibility to evaluate the employee they supervise to a different supervisor, or other appropriate action. For the purposes of this paragraph, supervising an employee includes hiring, evaluating, assigning work to, or making decisions or recommendations that confer any aid, beneﬁt, or service such as promotions, raises or other remuneration, or performing any other function that might affect employment opportunities.

8. Retaliation

Intimidation, threats, coercion, or discrimination against any student, employee, Visitor, Third Party, party, or witness for the purpose of interfering with any right or privilege secured by the Policy, or because the person has reported information, made a Complaint, testiﬁed, assisted, or participated, or refused to participate in any manner in an investigation, proceeding, or hearing under the Policy, including the Informal Resolution process or any other actions under the Policy is prohibited under the Policy. This deﬁnition includes retaliation by a student against another student. Nothing in this deﬁnition or the Policy precludes CUNY from requiring an employee or Third Party to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under the Policy.

9. Voyeurism

Unwelcome surveillance, including acts that violate a person's right to privacy in connection with their body or sexual activity such as:

(a) 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 affirmative consent.

(b) Recording images (e.g., photograph or video) or audio of another person’s sexual activity, intimate body parts, or nakedness where that person would have a reasonable expectation of privacy, without that person’s affirmative consent;

(c) Disseminating images (e.g., photograph or video) or audio of another person’s sexual activity, intimate body parts, or nakedness where that person would have a reasonable expectation of privacy, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not affirmatively consent to such disclosure; or

(d) Using or installing, or permitting the use or installation of, a device for the purpose of recording another person’s sexual activity, intimate body parts, or nakedness in a place where the person would have a reasonable expectation of privacy, without that person’s affirmative consent.

V. OBTAINING ASSISTANCE BEFORE A REPORT OF SEX-BASED MISCONDUCT IS RECEIVED BY CUNY

CUNY values the privacy of our community members, and CUNY recognizes that community members may want to discuss their experiences without the details of that conversation being reported to the Title IX Coordinator for their school, college, or unit. This section identiﬁes the individuals you may want to speak with before a report of Sex-Based Misconduct is submitted to the Title IX Coordinator.

The following individuals do not have a duty to submit a report to a school, college, or unit Title IX Coordinator when they obtain information that may constitute Sex-Based Misconduct under the Policy. Community members may speak with a conﬁdential resource at any time, including: (1) before a report of Sex-Based Misconduct is made to CUNY, whether or not they plan to submit a report in the future; or (2) after a report of Sex-Based Misconduct is made to CUNY.

A. Conﬁdential Employees

Conﬁdential Employees will not report information to a Title IX Coordinator when the Conﬁdential Employees are informed of conduct that may constitute Sex-Based Misconduct under the Policy. The only exception is when they learn of an imminent threat of serious injury to the complainant or any other person, sexual activity involving a minor, or sexual activity involving a person with a cognitive disability. Please note that, if a community member speaks solely to a Conﬁdential Employee, it is unlikely the school, college, or unit will be able to conduct a full investigation into the allegations, pursue disciplinary action against a respondent, or otherwise address the conduct.

The following employees are deemed Conﬁdential Employees within CUNY.

(a) Nurses, physicians, nurse practitioners, or other CUNY health office staff members or on-campus sexual assault response center staff members;

(b) Counselors, guidance counselors, or other staff members at a CUNY counseling center;

(c) Pastoral counselors or clergy (a person associated with a religious order or denomination, recognized by that order or denomination as someone who provides conﬁdential counseling and identiﬁed by CUNY as functioning within the scope of that recognition);

(d) Ombuds on campuses;

(e) Designated staff members in CUNY Women’s or Men’s Centers;

(f) Any other CUNY employee whose communications are privileged or conﬁdential under federal, state, or local law (please note that an employee’s conﬁdential status only applies to information received while the employee is functioning within the scope of their duties to which privilege or conﬁdentiality applies); and

(g) Any CUNY employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about Sex-Based Misconduct (the employee’s conﬁdential status is only with respect to information received while conducting the study).

1. Actions Conﬁdential Employees Will Take

Conﬁdential Employees, in response to an individual informing them of conduct that may reasonably constitute Sex-Based Misconduct under the Policy, will: (1) inform the individual of the Conﬁdential Employee’s status if the Conﬁdential Employee is operating in that role when informed; (2) provide the individual the contact information for the Title IX Coordinator in their school, college, or unit; (3) explain how the individual can ﬁle a Complaint (i.e., an oral or written request that can be objectively understood as a request for CUNY to investigate and make a determination about reported Sex-Based Harassment under the Policy) if they choose to do so; and (4) explain that the Title IX Coordinator could provide the individual with Supportive Measures, provide them access to the Informal Resolution process, or conduct an investigation into the conduct. All Conﬁdential Employees will also disclose that there are circumstances in which the Conﬁdential Employee must report an incident to law enforcement (e.g., when the Conﬁdential Employee becomes aware of: an imminent threat of serious injury to the complainant or any other person; a potentially unlawful sexual act involving a minor; or a potentially unlawful sexual act involving a person with a cognitive disability).

2. CUNY’s Work/Life Program - Employees

In addition to the Conﬁdential Resources above, free conﬁdential support services are available for employees through CUNY’s Work/Life Program. The CUNY Work/Life Program can be found here: https://www.cuny.edu/about/administration/offices/hr/includes/worklife/

B. Non-CUNY Resources

Non-CUNY resources do not have a duty to report Sex-Based Misconduct to a Title IX Coordinator. The following resources are available to community members both before and after a report of Sex-Based Misconduct is made to the Title IX Coordinator. The External Resources section below contains a wide range of additional resources that may be of assistance to community members who experience Sex-Based Misconduct.

1. Reporting to Law Enforcement

Students, employees and other community members may choose to report Sex-Based Misconduct to local law enforcement and/or state police (“outside law enforcement”). CUNY does not require a complainant to report Sex-Based Misconduct to outside law enforcement. In addition, CUNY will not report Sex-Based Misconduct without a complainant’s approval, except in exceptional circumstances (e.g., they learn of an imminent threat of serious injury to the complainant or any other person, illegal sexual activity involving a minor, or illegal sexual activity involving a person with a cognitive disability). A summary of the distinctions between the criminal justice system and the Policy can be found in Section XII below.

i) Contact Information

Please dial 9-1-1 if you or anyone you know is experiencing an emergency. For non-emergencies, you may contact the following resources.

New York City Police Department - Sex Crimes Report Line

(212) 267-7273

New York State Police 24-hour dedicated Campus Sexual Assault Hotline (844) 845-7269

New York City Police Department - General Inquiries (646) 610-5000

New York State Police – Troop NYC – General Inquiries

(212) 459-7800

ii) Assistance from CUNY’s Department of Public Safety Please note that CUNY Department of Public Safety (“Public Safety”) officers are not

Conﬁdential Employees. Therefore, they have a duty to report to the Title IX Coordinator for their school, college, or unit when they are informed of conduct that may constitute

Sex-Based Misconduct under the Policy.

If any student, employee, or other individual chooses to report Sex-Based Misconduct involving a community member to outside law enforcement, Public Safety is available to provide assistance. Each school, college, or unit’s Public Safety office has an appropriately trained employee available at all times to provide information regarding the process to obtain an Order of Protection, collect and preserve evidence as part of a criminal investigation, or pursue other options within the criminal justice system. A link to the Campus Public Safety Directory can be found here: Campus Public Safety Directory – The City University of New York (cuny.edu)

2. Obtaining Medical Care

CUNY encourages anyone who has experienced Sexual Assault, Dating Violence, Domestic Violence, or any other form of sex-based violence or injury to seek medical attention as soon as possible. Medical professionals can provide preventative treatment for sexually transmitted infections, treatment for injuries, emergency contraception, and other health services. They can also assist in preserving evidence or documenting injuries. Promptly taking these steps after an incident can be helpful if an individual later decides to obtain an Order of Protection, pursue criminal charges, or pursue a resolution under the Policy.

Individuals who have experienced or witnessed Sexual Assault, Dating Violence, Domestic Violence, or any other form of sex-based violence or injury are also encouraged to seek emotional support, either on or off campus.

On-campus resources may include nurses and/or nurse practitioners at campus health offices and counselors at campus counseling centers. If a student needs the morning-after pill, abortion medication, or another form of emergency birth control, CUNY has a trained individual in its health centers who can provide students with referrals to medical facilities or authorized providers that can provide appropriate medication. Counselors are also trained to provide crisis intervention and referrals for long-term care as necessary.

CUNY also maintains a list of off-campus emergency contacts and resources, including rape crisis centers, available throughout New York City on its dedicated web page. This

includes a list of local hospitals designated as SAFE (Sexual Assault Forensic Examiner) hospitals, which are specially equipped to handle sexual assaults and trained to gather evidence from those assaults.

Public Safety officers are available to help community members seek medical care. As a reminder, Public Safety officers are not Conﬁdential Employees. Therefore, they have a duty to report to the Title IX Coordinator for their school, college, or unit when they are informed of conduct that may constitute Sex-Based Misconduct under the Policy.

Additional external resources can be found in Section X below.

VI. REPORTING SEX-BASED MISCONDUCT TO CUNY

The following section discusses the various ways a report of Sex-Based Misconduct can be submitted to a Title IX Coordinator. If you are experiencing an emergency, please dial 9-1-1 for immediate assistance.

A. Officials Speciﬁcally Designated to Receive Reports of Sex-Based Misconduct

CUNY strongly encourages individuals who have experienced or learned of Sex-Based Misconduct to report allegations to one of the following designated officials:

(a) The Title IX Coordinator for the school, college, or unit;

(b) A Public Safety official for the school, college, or unit;

(d) Residence Life staff in CUNY-owned or operated housing;

(e) The Labor Designee for the school, college, or unit; or

(f) The head of Human Resources for the school, college, or unit.

These designated officials are trained to receive reports of Sex-Based Misconduct and appropriately respond to them. The contact information for each school or college’s Title IX Coordinator, Public Safety Director, and Chief Student Affairs Officer can be found on CUNY’s Title IX Website. As a reminder, if individuals do not wish to speak with a CUNY employee who has a duty to report to a Title IX Coordinator, they should speak with a Conﬁdential Employee.

B. Mandatory Reporters - Employees with a Duty to Notify the Title IX Coordinator of Reports of Sex-Based Misconduct

Except for those employees who are designated as Conﬁdential Employees, every employee who has the authority to institute corrective measures on behalf of CUNY or who has responsibility for administrative leadership, teaching, or advising within CUNY is a Mandatory Reporter who has a duty to notify the Title IX Coordinator for their school, college, or unit when they reasonably suspect or observe conduct that may constitute

Sex-Based Misconduct under the Policy. Mandatory Reporters are not permitted to maintain a complainant’s conﬁdentiality, but they should maintain a complainant’s privacy to the greatest extent possible.

When possible, a Mandatory Reporter should advise the complainant of their obligations as a Mandatory Reporter before receiving a report of Sex-Based Misconduct. If, before a report of Sex-Based Misconduct is made to a Mandatory Reporter, the complainant indicates that they wish to speak with a person who does not have a duty to report, the Mandatory Reporter should direct the complainant to a Conﬁdential Employee.

Mandatory Reporters are not required to report an incident of Sex-Based Misconduct if they are the person who experienced the Sex-Based Misconduct. Mandatory Reporters are not required to report Sex-Based Misconduct if they learn of the conduct during a public awareness event. Any CUNY employee who is not sure if they have a duty to report an incident should contact the Title IX Coordinator for their school, college, or unit to determine the appropriate steps they should take.

C. Sexual Misconduct Allegation Form

Community members are encouraged, but not required, to ﬁll out the CUNY Sexual Misconduct Allegation Form to make a report of Sex-Based Misconduct. Once the form is ﬁlled out, they can: (1) bring the form to one of the designated officials discussed in Section VI(A) above; or (2) submit the form via email or through the school, college, or unit’s Title IX website. The Sexual Misconduct Allegation Form can be found here: https://www1.cuny.edu/sites/title-ix/sexual-misconduct-complaint-form/.

D. Study Abroad

Community members participating in Study Abroad or Flagship programs may report Sex-Based Misconduct to the onsite director for that Study Abroad or Flagship program.

The onsite director will share that information with the US-based, on-campus director for the Study Abroad or Flagship program, and this on-campus director is responsible for submitting the report of Sex-Based Misconduct to the Title IX Coordinator and Chief Student Affairs Officer.

E. Domestic Travel

Community members participating in domestic travel as part of a CUNY education program or activity may report Sex-Based Misconduct to the person leading the program or activity. This person is responsible for submitting the report of Sex-Based Misconduct to the Title IX Coordinator. Community members may also submit a report of Sex-Based Misconduct as outlined in above.

F. Alcohol and Drug Use Amnesty Policy

The health and safety of every student at CUNY is of the utmost importance. CUNY recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at a time that Sex-Based Misconduct occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. CUNY strongly encourages students to report Sex-Based Misconduct to University officials. A bystander or complainant acting in good faith who discloses any incident of Sex-Based Misconduct to University officials or law enforcement will not be subject to discipline under CUNY’s Policy on Drugs and Alcohol for violations of alcohol and/or drug use policies occurring at or near the time of the Sex-Based Misconduct.

G. When an Employee is Informed a Student is Pregnant

All employees will provide a student with the contact information for the student’s Title IX Coordinator upon being informed by the student that they are pregnant. They will also inform the student that the Title IX Coordinator can coordinate speciﬁc actions to prevent Sex-Based Misconduct and ensure the student’s equal access to CUNY’s education programs or activities. For more information on accommodation options for pregnant students, please see Section VII(D)(4).

H. Community Members Who Have Not Been Designated as Mandatory Reporters or Conﬁdential Employees

Community members who are not Mandatory Reporters or Conﬁdential Employees are strongly encouraged to report allegations of Sex-Based Misconduct to the Title IX Coordinator for their school, college, or unit when they reasonably suspect or observe conduct that may constitute Sex-Based Misconduct, and they are strongly encouraged to protect the privacy of affected individuals to the greatest extent possible.

I. Public Awareness & Advocacy Events

CUNY strongly supports public awareness and advocacy events (e.g., Take Back the Night events or candlelight vigils). These events are valuable because they provide information about how our community can address and prevent Sex-Based Misconduct. To preserve the ability of community members to freely participate in these events, individuals who disclose information about their own experiences with Sex-Based Misconduct during these events will not be seen as submitting a report of Sex-Based Misconduct that requires the commencement of an investigation by CUNY. Nevertheless, community members are encouraged to report any Sex-Based Misconduct they have experienced so that they may learn about their rights, their options, and the resources available to them.

J. Bystander Intervention

CUNY encourages employees, students, Visitors, and Third Parties to take reasonable and prudent actions to prevent or stop Sex-Based Misconduct they witness if doing so does not pose a safety risk to themselves or others. Although bystander intervention strategies depend on the circumstances, they may include direct intervention or seeking assistance from a person in a position of authority. A person in a position of authority may be an administrator, a professor, a supervisor, a member of Public Safety, local law enforcement, or any person in a leadership position.

VII. CUNY’S INITIAL RESPONSE TO REPORTS

When a Title IX Coordinator receives a report of Sex-Based Misconduct, they will attempt to contact the complainant to inform them of their rights, their options, and the resources available to them. The Title IX Coordinator will also obtain additional information about the complainant’s experience. If the identity of the complainant is not known, reasonable steps will be taken to respond to the report and address the needs and concerns of any community member who experienced the unwelcome conduct. If the identity of the complainant is known, the Title IX Coordinator will maintain the complainant’s privacy to the greatest extent possible, and the following actions will be taken to address the needs and concerns of the complainant.

A. Determining Whether the Conduct Falls Within the Scope of the Policy & Identifying the Proper Category of Sex-Based Misconduct Reported

Once a report of Sex-Based Misconduct is received, the Title IX Coordinator will analyze the reported conduct to determine whether it falls within the scope of the Policy. As part of the process, the Title IX Coordinator will assess whether the individuals named in the report are students, employees, Visitors, or Third Parties as those terms are deﬁned in the Glossary. If the Title IX Coordinator determines the conduct falls with the scope of the Policy, they will then determine whether the reported conduct falls under the Sex-Based Harassment or Sex-Based Discrimination & Related Misconduct provisions of the Policy.

Speciﬁc reported conduct that, if true, qualiﬁes as both Sex-Based Misconduct under the Sex-Based Harassment provisions in Section IV(A) and Sex-Based Misconduct under the Sex-Based Discrimination & Related Misconduct provisions in Section IV(B) may only be analyzed under the Sex-Based Harassment provisions in Section IV(A). If a matter contains reported conduct that properly falls under the Sex-Based Harassment provisions in Section IV(A) and separate conduct that properly falls under the Sex-Based Discrimination & Related Misconduct provisions in Section IV(B), the matter will proceed in a manner that is consistent with the procedures for resolving a Sex-Based Harassment matter.

If the reported conduct does not fall within the scope of the Policy, the Title IX Coordinator will work with the complainant to determine which CUNY unit, department, or office, if any, is able to address the needs and concerns raised in the report. The analysis contained in this sub-section will be concluded within 10 business days.

B. Identifying Which School, College, or Unit has Jurisdiction

The Title IX Coordinator for the school, college, or unit with jurisdiction over the respondent will lead the response to the reported conduct even if the reported conduct occurred within an education program or activity of a separate school, college, or unit. For student-respondents, jurisdiction will attach to the school or college in which that student-respondent is enrolled. For employee-respondents, jurisdiction will attach to the school, college, or unit employing that employee-respondent. For Third Parties, jurisdiction will attach to the school, college, or unit authorizing the Third Party to provide the aid, beneﬁt, or service.

C. Advisor of Choice & Support Person

The parties are permitted to have an advisor of their choice (i.e., an “Advisor of Choice”) present during any meeting or included on any communication occurring pursuant to the Policy. The Advisor of Choice can be anyone, including an attorney, who is willing to assist or advise the party. CUNY will not limit the choice or presence of the Advisor of Choice.

Unless otherwise expressly stated in the Policy, Advisors of Choice are not permitted to: (1) directly communicate with CUNY officials acting pursuant to the Policy; (2) submit documents on behalf of a party; or (3) otherwise communicate on behalf of a party. The availability of an Advisor of Choice to attend a meeting cannot unreasonably interfere with or delay meetings requested pursuant to the Policy. If the conduct of an Advisor of Choice is not consistent with the Policy, the party will be given notice of the improper behavior by their Advisor of Choice. If the conduct continues, CUNY will inform the party that continued non-compliance by their Advisor of Choice may be deemed a waiver by the party of the party’s right to proceed under or otherwise participate in the relevant portion of the Policy.

The parties are also permitted to have a Support Person present during any meeting occurring pursuant to the Policy. This person is responsible for addressing the mental, emotional, and physical health needs of a party. Support Persons are not permitted to: (1) directly communicate with CUNY officials acting pursuant to the Policy; (2) submit documents on behalf of a party; or (3) otherwise communicate on behalf of a party. The availability of a Support Person to attend a meeting cannot unreasonably interfere with or delay meetings requested pursuant to the Policy. If the conduct of Support Person is not consistent with the Policy, the party will be given notice of the improper behavior by their Support Person. If the conduct continues, CUNY will inform the party that continued non-compliance by their Support Person may result in the Support Person no longer being permitted to remain in that role.

D. Supportive Measures

Supportive Measures and accommodations are non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to education and to ensure safety, prevent retaliation and prevent an ongoing hostile environment. Supportive Measures are available to all community members who have been affected by Sex-Based Misconduct. Supportive Measures are available when a school, college, or unit becomes aware of a report of Sex-Based Misconduct, whether or not a complainant chooses to move forward with an investigation or Informal Resolution. Supportive Measures may be provided on an interim or continuing basis. The Title IX Coordinator may also take reasonable measures to ensure the safety of the CUNY community at large.

When a Title IX Coordinator learns of a report of Sex-Based Misconduct, the Title IX Coordinator will promptly contact the complainant to inform the complainant of the availability of Supportive Measures, inform the complainant that Supportive Measures and accommodations are available even if the complainant does not wish to proceed with an investigation and/or Informal Resolution, and discuss the complainant’s wishes regarding Supportive Measures.

When issuing Supportive Measures, the Title IX Coordinator will make reasonable efforts to address the physical, mental, and emotional well-being of the individual requesting Supportive Measures as well as their educational needs. Where no Complaint has been ﬁled but Supportive Measures impacting a respondent have been requested, the respondent will be provided an unsigned Notice of Allegations, which will contain, if known: (a) the name of the parties; (b) the date, time, and location of the alleged Sex-Based Misconduct; (c) the underlying factual allegations; and (d) each type of Sex-Based Harassment or Sex-Based Discrimination & Related Misconduct alleged by the complainant.

The Title IX Coordinator is responsible for coordinating and ensuring the effective implementation of Supportive Measures. Therefore, all requests for Supportive Measures should be made to the Title IX Coordinator. The Title IX Coordinator will work with the Chief Student Affairs Officer to identify a trained staff member to assist students with obtaining Supportive Measures. The Title IX Coordinator will work with the Human Resources Director to assist employees with obtaining Supportive Measures.

1. Range of Supportive Measures

The following types of Supportive Measures may be offered by CUNY:

(a) Counseling services through the Counseling Center or other appropriate office, or referral to an off-campus agency;

(b) Appropriate changes to academic programs, including changes in class schedule, accommodations to permit students to take an incomplete or drop a course or courses without penalty, permitting students to attend a class via videoconference platform or other alternative means, transferring a student into an online-only version of a class, providing an academic tutor, or extending deadlines for assignments;

(d) Making appropriate changes to residential housing situations or providing assistance in ﬁnding alternate housing;

(e) Changing an employee’s work assignment or schedule;

(f) Providing an escort to and from class or campus work location;

(g) Arranging appropriate transportation services to ensure safety;

(h) Issuing a No Contact Order whereby continued intentional contact would be a violation of CUNY Policy and subject to disciplinary action;

(i) Enforcing an Order of Protection issued by a court; and

(j) Emergency removal of a respondent when they pose an imminent threat to the physical health or safety of any person.

Where appropriate, the Title IX Coordinator has the authority to review and modify Supportive Measures.

2. No Contact Orders

A No Contact Order is a directive prohibiting intentional direct or indirect contact or communication between speciﬁc individuals. Students who violate a No Contact Order are in violation of the Henderson Rules and will be subject to disciplinary action under Article XV of the CUNY Bylaws. Employees who violate a No Contact Order are in violation of the relevant collective bargaining agreement or employment agreement and are subject to applicable disciplinary procedures. No Contact Orders may be issued to complainants, respondents, and other individuals as appropriate. No Contact Orders, and modiﬁcations of No Contact Orders, are drafted by the Title IX Coordinator and issued by the Chief Student Affairs Officer in student matters or the Director of Human Resources or Labor Designee in employee matters. No Contact Orders can be issued to one or more individuals and they may be unilateral or reciprocal.

3. Emergency Removal & Administrative Leave

When a respondent poses an imminent and serious threat to the health or safety of a student, employee, or other member of the CUNY community, CUNY may remove a respondent from any CUNY education program or activity in a manner that is consistent with the provisions contained in the Policy. An emergency removal is not a determination of responsibility.

Prior to issuing notice of an emergency removal under this sub-section, the Dean or President, or their designee, will, in consultation with the appropriate officials from the school or college and the University Title IX Director, conduct an individualized safety and risk analysis to determine whether the respondent presents an imminent and serious threat to the health or safety of a student, employee, or other member of the CUNY community. The parties will be notiﬁed of the emergency removal, or the revocation of the emergency removal, by an appropriate school or college official. Notice of the emergency removal will be simultaneously sent to the parties, and CUNY will provide the respondent notice and an opportunity to appeal the emergency removal immediately following the removal.

Nothing in this section prohibits CUNY from placing an employee on administrative leave from employment responsibilities during the pendency of a grievance procedure under the Policy. For employee-respondents subject to a collective bargaining agreement, emergency removal and administrative leave will comply with the procedures in the applicable collective bargaining agreement.

Violation of the terms of an emergency removal under the Policy will be grounds for separate disciplinary action which may include actions up to or including expulsion from the school or college or termination of employment.

A respondent may appeal an emergency removal on the following grounds:

(a) Procedural irregularity that would change the decision to implement an emergency removal;

(b) New evidence that would change the decision to implement an emergency removal and that was not reasonably available at the time the notice of emergency removal was issued;

(c) Any person directly involved in the decision to implement an emergency removal had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the decision to implement an emergency removal; or

(d) The disproportionate nature of the action.

A respondent must submit a written appeal of an emergency removal to the University Title IX Director within 5 business days of receipt of the written notice of emergency removal or within 5 business days of obtaining new information that supports one of the above grounds for appeal, whichever is later. Within 5 business days of receipt of the written appeal of an emergency removal, the University Title IX Director will: (1) inform the complainant that an appeal of the emergency removal has been submitted; and (2) provide the respondent’s written appeal to the Vice Chancellor for Student Affairs, or their designee. Within 15 business days of receipt of the written appeal, the Vice Chancellor for Student Affairs, or their designee, will issue an Appeal Decision to both parties describing the result of the appeal and the rationale for the result.

4. Pregnancy Accommodations

The following accommodations are available to students and employees seeking accommodations for past, present, or future pregnancy and related conditions.

i) Students

Pregnant students are entitled to breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom; intermittent absences to attend medical appointments; access to online or homebound education; changes in schedule or course sequence; extensions of time for coursework and rescheduling of tests and examinations; allowing a student to sit or stand, or carry or keep water nearby; counseling; changes in physical space or supplies (for example, access to a larger desk or a footrest); elevator access; or other changes to policies, practices, or procedures.

Pregnant students are also entitled to leaves of absence from their education program or activity for pregnancy and related conditions. Students are allowed to voluntarily take a leave of absence from their education program or activity to cover, at minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. A longer period may be available to the extent a student qualiﬁes for leave under any CUNY policy that allows for a greater period of time than the medically necessary period. When the student returns to their education program or activity, the student will be reinstated to the academic status and, as practicable, to the extracurricular status that the student held when the voluntary leave began.

For the purposes of this sub-section, supporting documentation is not necessary including, but not limited to, when the student’s need for a speciﬁc action is obvious, such as when a student who is pregnant needs a bigger uniform, or when the reasonable modiﬁcation because of pregnancy or related conditions at issue requires a student to carry or keep water nearby and drink, use a bigger desk, sit or stand, or take breaks to eat, drink, or use the restroom; when the student has lactation needs; or when the speciﬁc action is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation. CUNY will treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions with respect to any medical or hospital beneﬁt, service, plan, or policy CUNY administers, operates, offers, or participates in with respect to admitted students. Finally, CUNY will not require a student who is pregnant or has related conditions to provide certiﬁcation from a healthcare provider or any other person that the student is physically able to participate in a class, program, or extracurricular activity unless: (1) the certiﬁed level of physical ability or health is necessary for participation in the class, program, or extracurricular activity; (2) CUNY requires such certiﬁcation of all students participating in the class, program, or extracurricular activity; and (3) the information obtained is not used as a basis for discrimination prohibited by the Policy.

ii) Employees

Employees requesting an accommodation based on pregnancy, childbirth, or a related medical condition should contact the Office of Human Resources at their school, college, or unit. Employees may be required to submit an intake form. The employee and the Director of Human Resources, or a designee, will engage in an interactive process, also called a cooperative dialogue, which may include a consideration of several factors, such as the employee’s limitations and the job functions and requirements, with the goal of ﬁnding an acceptable accommodation. The Director of Human Resources, or a designee, will initiate a cooperative dialogue even when an employee does not make an accommodation request when the school, college, or unit has: (1) knowledge the employee’s performance at work has been affected or that their behavior at work could lead to an adverse employment action; and (2) a reasonable basis to believe that the issue is related to pregnancy, childbirth, or a related medical condition. Reasonable accommodations may include, but are not limited to, granting frequent bathroom breaks, providing the employee with a specialized chair, granting leaves of absence, changing work schedules to accommodate doctor’s visits, temporary shift reassignments, providing light duties or assistance with manual labor for a period of time, or temporarily reassigning the employee to a vacant position for which the employee is qualiﬁed. A grant or denial of the employee’s request will be made as soon as practicable, considering the urgency of the request, and sent to the employee in writing, either stating the accommodation, or for denials, the reason the request was denied.

Employees may be required to submit medical documentation when requesting: (1) time away from work, including for medical appointments, other than the presumptive six (for a vaginal delivery) to eight (for a cesarean section) week period following childbirth for recovery from childbirth; or (2) to work from home, either on an intermittent or a long-term basis. This requirement does not affect medical documentation requirements related to leave taken pursuant to the Family Medical Leave Act or other disability plans or policies.

Employees seeking accommodations for pregnancy, childbirth, or a related medical condition should consult the following policies or laws:

· The City University of New York Policy on Equal Opportunity and Non-Discrimination The CUNY Policy on Equal Opportunity and Non-Discrimination can be found here: https://www.cuny.edu/wp-content/uploads/sites/4/page- assets/about/administration/offices/hr/policies-and-procedures/PEONon- Discrimination12.4.2014.pdf

· The CUNY Procedures for Implementing Reasonable Accommodations and Academic Adjustments

The CUNY Procedures for Implementing Reasonable Accommodations and Academic Adjustments can be found here: https://www.cuny.edu/about/administration/offices/legal-affairs/policies- resources/reasonable-accommodations-and-academic-adjustments/v- accommodations/

· The New York City Pregnant Workers Fairness Act

The New York City Pregnant Workers Fairness Act can be found here: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers- fairness-act

E. Request for Anonymity - Complainant

CUNY strongly supports a complainant’s request that their anonymity be maintained after a report of Sex-Based Misconduct is received by the Title IX Coordinator. If the Title IX Coordinator can honor the request, the Title IX Coordinator will not disclose the complainant’s name or identity to anyone other than those individuals who are necessary to implement the relevant provisions in the Policy. The Title IX Coordinator will report the following types of incidents to law enforcement: (a) an imminent threat of serious injury to the complainant or any other person; or (b) potentially unlawful sexual activity involving a minor or a person with a cognitive disability.

Please note that Supportive Measures limiting the conduct of a respondent will not be available to complainants who wish to remain anonymous after a report of Sex-Based Misconduct is received by the Title IX Coordinator. All other Supportive Measures remain available to complainants who wish to remain anonymous. In addition, an investigation cannot be conducted when the complainant’s anonymity is maintained by the Title IX Coordinator.

F. Request That an Investigation not Take Place - Complainant

The Title IX Coordinator will strongly consider a complainant’s request that an investigation not take place. If a complainant makes such a request, the Title IX Coordinator will weigh the complainant’s request against CUNY's obligation to provide a safe, non-discriminatory environment for all students, employees, and Visitors, including the complainant. Factors used to determine whether to honor such a request include, but are not limited to:

(a) The complainant’s reasonable safety concerns regarding initiation of a Complaint;

(b) Whether the respondent has a history of violent behavior or has engaged in repeated misconduct;

(d) Whether the incident represents escalation of prohibited conduct by the respondent from previously noted behavior;

(e) Any increased risk that the respondent will commit additional acts of violence or Sex-Based Misconduct;

(f) Whether the respondent used a weapon or force;

(g) Whether the complainant is a minor;

(h) Whether the Sex-Based Misconduct, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;

(i) Whether the school, college, or unit possesses other means to obtain evidence such as security footage;

(j) Whether available information reveals a pattern of misconduct at a given location or by a particular group that poses a risk to other campus community members; and

(k) Whether the school, college, or unit could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.

If the Title IX Coordinator determines a matter will proceed to an investigation despite the complainant’s request that the matter not be investigated, the University Title IX Coordinator will notify the parties that the Title IX Coordinator is initiating a University Complaint. The person who experienced the unwelcome conduct will continue to be

designated as the complainant, and the complainant will receive all relevant communications, information, and updates pertaining to the investigation. Any investigative materials obtained or generated prior to the initiation of the University Complaint will be included in the investigative materials relating to the University Complaint if those investigative materials relate to the allegations contained in the University Complaint.

The Title IX Coordinator will continue to provide the complainant with ongoing assistance and support, including Supportive Measures.

G. Informal Resolution Process

CUNY recognizes that parties may want to resolve their matter using a process that is less time consuming and formal than the grievance processes contained in the Policy. The Informal Resolution process, which serves as an alternative to the formal grievance process, empowers parties by allowing them to tailor a mutually agreed upon outcome.

Once a report of Sex-Based Misconduct is received by the Title IX Coordinator, the Title IX Coordinator will inform the complainant, if known, that they may request the matter be resolved under one of the two pathways offered under the Informal Resolution process. A complainant may request that the Informal Resolution process take place even if an investigation has not been requested or commenced. A complainant may also initiate the Informal Resolution process after an investigation has commenced. The Informal Resolution process is no longer available to the parties once a determination is made by the decisionmaker.

If a complainant wishes to initiate the Informal Resolution process before an investigation has been requested or commenced, an unsigned Notice of Allegations will be provided to the respondent before the Informal Resolution process can begin.

The parties will receive a Notice of Informal Resolution at the outset of the Informal Resolution process. This notice contains:

(a) A description of both the Party-Guided Informal Resolution Process and the CUNY-Guided Informal Resolution Process, including when those processes are available to the parties;

(b) A statement that each party must agree to participate in the Informal Resolution process;

(c) Notice that the time frame for an investigation or adjudication will be tolled while the parties engage in the Informal Resolution process;

(d) A statement that each party has the right to unilaterally withdraw from the Informal Resolution process and initiate or resume the grievance process at any time prior to the completion of the Informal Resolution process;

(e) A statement that the Title IX Coordinator has the discretion to terminate the Informal

Resolution process at any time;

(f) A statement that the parties may have an Advisor of Choice and Support Person present throughout the Informal Resolution process;

(g) A statement that information learned as a direct result of the Informal Resolution process will not be shared with an investigator or decisionmaker for that matter while the matter is ongoing;

(h) A statement that the records memorializing the information learned as a direct result of the Informal Resolution process will be maintained by the Title IX office and that this information will not be accessible to any other CUNY official;

(i) A statement that the Informal Resolution Agreement, if any, will be maintained by the Title IX office and the contents of the agreement will not be shared with any other CUNY official unless there is a reported violation of the Informal Resolution Agreement;

(j) A statement that the reported violation of an Informal Resolution Agreements will be referred for review and discipline, or other appropriate action, in accordance with CUNY Bylaws, policies, and collective bargaining agreements;

(k) A statement that information independently learned by another source will not be excluded from an Investigative Report or subsequent adjudication merely because the information was discussed or raised during the Informal Resolution process;

(l) Conﬁrmation that the Informal Resolution Facilitator is precluded from participating in any investigation or adjudication process related to the allegations giving rise to the Informal Resolution process;

(m) A list of potential terms the parties may request or agree to while engaging in the Informal Resolution process;

(n) The effect of an Informal Resolution Agreement on the investigation and adjudication of any allegations resolved through the Informal Resolution process;

(o) A statement that an Informal Resolution Agreement is binding only on the parties to the agreement; and

(p) A statement on how records associated with the Informal Resolution process will be maintained and that the conditions or terms of the Informal Resolution Agreement will not be provided to any school, college, or unit official who is not directly participating in the Informal Resolution process.

The Informal Resolution process will commence once the respondent has received the signed or unsigned Notice of Allegations, the Notice of Informal Resolution has been provided to the parties, and the parties have agreed in writing to participate in either the Party-Guided Informal Resolution Process or the CUNY-Guided Informal Resolution Process.

1. Party-Guided Informal Resolution Process

The Party-Guided Informal Resolution process allows the parties to reach a binding Informal Resolution Agreement without the respondent acknowledging responsibility for the allegations contained in the signed or unsigned Notice of Allegations. During this process, the parties will determine the manner and frequency of their communications, and they will draft mutually agreed upon terms in the form of a proposed Informal Resolution Agreement.

i) When the Party-Guided Informal Resolution Process is Prohibited

The Party-Guided Informal Resolution process is not available under the following conditions:

· The Party-Guided Informal Resolution process is between a student and an employee or Third Party;

· The Party-Guided Informal Resolution process is between a supervisory employee and an employee they supervise; or

· A No Contact Order is in place between the parties unless the No Contact Order is drafted or modified to allow for contact between the parties for the purpose of reaching an Informal Resolution Agreement.

ii) The Role of the Informal Resolution Facilitator

A trained Informal Resolution Facilitator will be assigned to the Party-Guided Informal Resolution process. The role of the Informal Resolution Facilitator is to:

(a) Provide the Informal Resolution Agreement Template to the parties at the outset of the process;

(b) Re-share the list of potential terms the parties may request or agree to while engaging in the Informal Resolution process;

(d) Relay any procedural questions the parties have to the school, college, or unit Title IX Coordinator;

(e) Review the parties’ proposed Informal Resolution Agreement to determine whether it requires a CUNY employee or Third Party to implement its terms and, if so, inform the parties whether it is feasible for a CUNY official to do so; and

(f) Approve the Informal Resolution Agreement in consultation with the Title IX Coordinator.

The Informal Resolution Facilitator must be included on all written communications between the parties, and they must be in attendance throughout all meetings or conversations between the parties if those communications or meetings pertain to the Informal Resolution process. The parties’ failure to include the Informal Resolution Facilitator on all Informal Resolution communications and throughout all Informal Resolution meetings may result in the Informal Resolution Facilitator failing to approve the parties’ proposed Informal Resolution Agreement.

iii) Monitoring Progress & Finalizing the Informal Resolution Agreement

The Title IX Coordinator will check in with the Informal Resolution Facilitator every 10 business days to assess the parties' progress. If the parties reach an agreement and the Informal Resolution Facilitator approves the Informal Resolution Agreement, the Informal Resolution Facilitator will provide a written copy of the agreement to the Title IX Coordinator.

The Title IX Coordinator will facilitate the implementation of the Informal Resolution Agreement as needed. Once finalized, the Informal Resolution Agreement will be maintained for the following time period, whichever is longer: (1) 7 years; or (2) the duration of time the parties are members of the CUNY community, and they are subject to the terms of the Informal Resolution Agreement.

iv) Grounds for Not Approving or Voiding an Informal Resolution Agreement

A proposed Informal Resolution Agreement will not be approved if the proposed agreement is the result of coercion, intimidation, force, or threat of harm, or if the proposed agreement is the result of a material misrepresentation. The parties’ failure to include the Informal Resolution Facilitator on all Informal Resolution communications and in all Informal Resolution meetings may also result in a proposed Informal Resolution Agreement not being approved or being voided.

The Title IX Coordinator will void a finalized Informal Resolution Agreement if: (1) the agreement is the result of coercion, intimidation, force, or threat of harm; (2) the agreement is the result of a material misrepresentation; or (3) a party breaches the agreement.

If the parties wish to challenge a proposed Informal Resolution Agreement or a finalized Informal Resolution Agreement for the reasons stated above, they must submit a written request to the University Title IX Director containing the reason for making the request.

2. CUNY-Guided Informal Resolution Process

The CUNY-Guided Informal Resolution process allows the parties to reach a binding Informal Resolution Agreement only if the agreement notes that the respondent acknowledges responsibility for the allegations contained in the signed or unsigned Notice of Allegations. Any agreement reached through CUNY-Guided Informal Resolution must be acceptable to the parties and the Title IX Coordinator for the school, college, or unit.

i) The Role of the Informal Resolution Facilitator

A trained Informal Resolution Facilitator will be assigned to the CUNY-Guided Informal Resolution process. The role of the Informal Resolution Facilitator is to:

(a) Re-share the list of potential terms the parties may request or agree to while engaging in the Informal Resolution process;

(b) Meet with the parties separately to determine the terms, or combination of terms, that must be contained in the ﬁnalized Informal Resolution Agreement;

(d) If the terms do not overlap, inform the parties that the terms do not overlap and the Informal Resolution process will conclude if the parties are unwilling to accept different terms;

(e) If the terms overlap, draft a proposed Informal Resolution Agreement using the Informal Resolution Template;

(f) Relay any procedural questions the parties have to the school, college, or unit’s Title IX Coordinator; and

(g) Present the Informal Resolution Agreement to the Title IX Coordinator for the Title IX Coordinator’s approval.

The Informal Resolution Facilitator will not provide any advice to the parties. The only guidance the Informal Resolution Facilitator will provide the parties will relate to items (d) or (f) in the preceding paragraph. With respect to item (d), the Informal Resolution Facilitator will share the terms proposed by one party with the other party only if the other party states they wish to receive that information.

ii) Monitoring Progress & Finalizing the Informal Resolution Agreement

The Title IX Coordinator will check in with the Informal Resolution Facilitator every 10 business days to assess the parties' progress. If the parties reach an agreement and the Title IX Coordinator, or their designee, approves the terms of the Informal Resolution Agreement, the Informal Resolution Agreement will be finalized.

iii) Grounds for Not Approving or Voiding an Informal Resolution Agreement

The Title IX Coordinator will not approve an Informal Resolution Agreement if: (1) the proposed agreement is the result of coercion, intimidation, force, or threat of harm; (2) if the proposed agreement is the result of a material misrepresentation; or (3) they determine the terms of the Informal Resolution Agreement are not commensurate with the nature of the allegations.

If the parties wish to challenge a finalized Informal Resolution Agreement for the reasons stated above, they must submit a written request to the University Title IX Director containing the reason for making the request.

3. Timeframe

Informal Resolution processes lasting more than 30 business days will be terminated by the Title IX Coordinator absent good cause provided by the parties.

VIII. SEX-BASED HARASSMENT: GRIEVANCE PROCESS

The following grievance process applies to all reports of Sex-Based Harassment under the Policy. Whether or not a party wishes to pursue the grievance process, Supportive Measures are available to parties, witnesses, and other impacted community members, and Informal Resolution is available to the parties. The parties may choose to have an Advisor of Choice and a Support Person present at all relevant times.

A. Initiating the Sex-Based Harassment Grievance Process

B. Presumption of Non-Responsibility, Burden of Proof, and Standard of Proof

All reports of Sex-Based Harassment will be addressed in a prompt, thorough, and impartial manner. The University will maintain the presumption that the respondent is not responsible for the reported Sex-Based Harassment until a determination is made and the appeal process has been exhausted. Throughout the grievance process, the burden is on the University, not the parties or witnesses, to gather sufficient evidence to establish whether Sex-Based Harassment occurred. The University applies the preponderance of the evidence standard of proof (i.e., whether it is more likely than not that the Sex-Based Misconduct took place) to determine whether Sex-Based Harassment occurred.

C. Duty to Participate

Neither a party nor a student-witness can be compelled to participate in the grievance process. CUNY reserves the right to compel an employee-witness or Third Party to participate in the grievance process. Please note that CUNY may be limited in its ability to ensure that Sex-Based Harassment does not continue or recur within the CUNY community if a party or witness does not participate in the grievance process.

D. Request for an Extension of Time

The investigator, Title IX Coordinator, or University Title IX Director will determine, on a case-by-case basis, whether a party has established good cause to be granted a reasonable extension of time to participate in any phase of the grievance process. The investigator, Title IX Coordinator, or University Title IX Director will simultaneously notify the parties of the length of the extension granted and the reason for the extension.

E. Dismissal of Complaints

The following sub-section governs the process for dismissing Complaints.

1. Grounds for Dismissal

A Title IX Coordinator may dismiss a matter if any of the following conditions are met: (1) the University is unable to identify the respondent after taking reasonable steps to do so;

(2) the respondent is not participating in CUNY’s education program or activity and is not employed by the University; (3) the complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint, and the Title IX Coordinator determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex-Based Harassment under the Policy even if proven; or (4) the University determines the conduct alleged in the Complaint, even if proven, would not constitute Sex-Based Harassment under the Policy.

Prior to dismissing the Complaint, CUNY must make reasonable efforts to clarify the allegations with the complainant. The University will make reasonable attempts to obtain the complainant’s withdrawal in writing if dismissing a Complaint based on the complainant’s voluntary withdrawal of the Complaint or any allegations.

2. Notice of Dismissal

If a Title IX Coordinator dismisses a matter, the University will provide simultaneous, written notice of the dismissal and the basis for the dismissal to the parties, except if the dismissal occurs before the respondent has been notiﬁed of the allegations, in which case only the complainant will receive written notice. The notice will state the grounds for dismissal and will inform the party or parties of the right to appeal the dismissal.

3. Appeal Process for the Dismissal of a Complaint

A party may appeal the Title IX Coordinator’s dismissal on the following grounds:

(a) Procedural irregularity that would change the outcome of the dismissal;

(b) New evidence that would change the outcome of the dismissal and that was not reasonably available at the time the dismissal was made; or

(c) The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or against the individual complainant or respondent that affected the outcome of the dismissal.

The notice of appeal pertaining to the dismissal of a Complaint must be submitted to the Title IX Coordinator within 5 business days of the issuance of the written Notice of Dismissal or within 5 business days of obtaining new information that supports one of the above grounds for appeal, whichever is later. If a notice of appeal is submitted to the Title IX Coordinator, the Title IX Coordinator will notify the parties of the appeal, and the Notice of Allegations will be provided to the respondent if it had not previously been provided to the respondent. The parties will be provided an equal opportunity to make a statement in support of, or challenging, the dismissal. This statement must be submitted by the parties to the Title IX Coordinator within 5 business days of being notiﬁed of their right to submit the statement. The Title IX Coordinator will submit these materials to the University Title IX Director. The University Title IX Director will issue an Appeal Decision describing the result of the appeal and the rationale for the result within 15 business days of the receipt of the materials.

Even if a Complaint is dismissed, the Title IX Coordinator will offer Supportive Measures to the complainant. The University will also offer Supportive Measures to the respondent if the respondent has been notiﬁed of the allegations. The Title IX Coordinator will also take other appropriate, prompt, and effective steps to ensure that Sex-Based Misconduct does not occur, continue, or recur within the CUNY community.

F. Conﬂict of Interest or Bias

If a party believes a CUNY official who is administering any portion of the grievance process has a conflict of interest or bias for or against complainants, respondents, or witnesses generally or against an individual complainant, respondent, or witness, any party may make a request to have that reportedly conflicted or biased CUNY official removed from the process.

Requests for removal must include a detailed description of the conflict or bias. All requests for removal must be directed to the University Title IX Director. After receiving a request for removal, the University Title IX Director will ask the individual with the alleged conflict of interest or bias to provide a short, written response to the request for removal and consider that response before making a determination. If a conflict or bias exists, the University Title IX Director will take immediate steps to replace that CUNY official to ensure an impartial and fair grievance process is maintained.

If the respondent in a matter is a CUNY official who customarily administers a portion of the grievance process, the Dean or President for the school or college will appoint another administrator to perform that person’s duties under the Policy.

If the President is the respondent, the investigation will be handled by the University Title IX Director, or their designee. In other appropriate matters in which a high-level administrator is the respondent, the investigation may be referred for investigation to the University Title IX Director, or their designee.

G. Unauthorized Recordings

The parties and witnesses are prohibited from recording any part of the investigation and grievance process and from unauthorized copying of documents or materials. Copying includes but is not limited to audio or video recording, streaming, photographing, scanning, transcribing, or any other form that conflicts with the spirit of this provision.

Allegations of non-compliance will be reviewed by the Office of Student Affairs, Human Resources, or the Labor Designee, as appropriate, and may result in disciplinary action.

H. Student Withdrawal or Student Transfer Within CUNY Before the Grievance Process is Completed

A student who withdraws from CUNY will not be exempt from an investigation or adjudication that commenced prior to withdrawal. When a student-respondent withdraws from CUNY with an investigation or adjudication pending, the respondent will be barred from attending any other school or college of CUNY until the investigation and/or adjudication is complete or the allegations are otherwise resolved. If the respondent fails to appear at a subsequent hearing, the school or college may proceed in absentia, and any decision and sanction will be binding for all schools or colleges, pending appeal.

When a school or college is notified of a respondent’s withdrawal, the school or college must place a notation on the respondent’s transcript that the respondent “withdrew with conduct charges pending.” If the respondent is subsequently found not responsible at a hearing, the transcript notation will be removed. If the respondent is subsequently found responsible at a hearing and the sanction is either suspension or expulsion, the transcript notation will be adjusted in accordance with Section VIII(L), below.

When a student-respondent transfers schools or colleges within CUNY while an investigation is pending, the school or college that instituted the investigation must complete the investigation before transferring the matter to the respondent’s new school or college for adjudication.

I. Investigations

The following provisions discuss the investigative process under the Sex-Based Harassment grievance process.

1. Trained Investigator

A trained investigator will investigate Complaints impartially and objectively, and they will follow all relevant procedures in the Policy. All interviews will be conducted in a live, question-and-answer format. No person designated as an investigator will have a conﬂict of interest or bias for or against complainants, respondents, or witnesses generally, and they will not have a conﬂict of interest or bias for or against a speciﬁc complainant, respondent, or witness.

2. Anonymity

For a full discussion of a complainant’s right to remain anonymous after a report of Sex-Based Misconduct is received by the Title IX Coordinator but before the grievance process has commenced, please see Section VII(E) (“CUNY’s Initial Response to Reports, Request for Anonymity – Complainant”).

Neither a party nor a witness may remain anonymous once the grievance process has commenced. Please see Section VIII(I)(6) to review the types of information that will be excluded or redacted during the grievance process.

3. Written Notice of Allegations

Following a live, question-and-answer intake meeting with the complainant, the investigator will draft a Notice of Allegations. The Notice of Allegations will contain the following information: (1) the name of the parties involved; (2) the date, time, and location of each reported incident to the extent known by the complainant; (3) the conduct giving rise to the report of Sex-Based Harassment; (4) a citation to the relevant portion of the Policy containing the deﬁnition of the speciﬁc type of Sex-Based Harassment alleged; (5) a reference to the Grievance Process, Informal Resolution, Supportive Measures, and Sanctions sections of the Policy; (6) a statement that retaliation is prohibited; (7) an acknowledgment that an updated Notice of Allegations will be shared with the parties if CUNY decides to investigate additional allegations of Sex-Based Harassment by the respondent toward the complainant that are not contained in the Notice of Allegations or if the Complaint is consolidated; (8) a statement that the parties will be provided an equal opportunity to access the relevant and not otherwise impermissible evidence, including the notes for each interview conducted by the investigator; (9) a statement that the parties will be provided an equal opportunity to access an Investigative Report that accurately summarizes the evidence; (10) a statement that they may have an advisor of their choice assist them throughout the process, and that the advisor may be, but is not required to be, an attorney; (11) the University’s prohibition on improper disclosure of information and evidence; (12) a statement that the respondent is presumed not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of the grievance process; (13) a statement that, prior to the determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker; and (14) a statement that the University’s Code of Conduct and the Policy prohibiting knowingly making false statements or knowingly submitting false information during the grievance procedure.

The parties will be permitted no less than 5 business days to prepare a response before an initial interview is conducted. To the extent the University has reasonable concerns for the safety of any person as a result of providing a Notice of Allegations, the University may reasonably delay providing written notice of the allegations in order to address the safety concern appropriately. Reasonable concerns will be based on individualized safety and risk analysis and not on mere speculation or stereotypes.

4. Witness Selection & Collection of Evidence

The investigator will make reasonable efforts to interview the parties and witnesses they deem necessary to obtain information needed to determine whether the reported conduct took place. CUNY will provide the parties with written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

All interviews will be conducted in a live, question-and-answer format in which the investigator will ask questions that enable the investigator to assess the credibility of the parties and witnesses and to evaluate the allegations. The parties will be provided an equal opportunity to recommend fact witnesses and present inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.

The investigator will also make reasonable efforts to obtain materials needed to determine whether the reported conduct took place. The investigator will review all evidence gathered through the investigation and objectively evaluate whether evidence is relevant and what evidence is impermissible regardless of relevance. Each party will have an equal opportunity to access the evidence that is relevant to the allegations of Sex-Based Harassment and not otherwise impermissible, and the parties will be provided 10 business days to respond to the evidence.

5. Unauthorized Disclosure of Information and Evidence Unauthorized disclosure of information and evidence obtained solely through the grievance procedure is strictly prohibited and may constitute Retaliation under the Policy. CUNY will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance process.

Please note that disclosure of information and evidence for purposes of litigation related to a Complaint of Sex-Based Harassment, or an administrative proceeding such as the pending grievance process under the Policy, is not prohibited.

6. Excluded or Redacted Materials

The following materials will be excluded or redacted from the record:

(a) Evidence that is protected under a privilege as recognized by federal, state, or local law, or evidence provided to a Conﬁdential Employee, unless the person to whom the privilege or conﬁdentiality is owed has voluntarily waived the privilege or conﬁdentiality;

(b) A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless CUNY obtains that party’s or witness’s voluntary, written consent for use in CUNY’s grievance process;

(c) Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about speciﬁc incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged Sex-Based Harassment;

(d) Expert witnesses who are not approved by the investigator;

(e) The social security number, home address, or similar highly sensitive information pertaining to a party, witness, or other person referenced in the grievance process; and

(f) Any other materials prohibited by federal, state, or local law.

7. Expert Witnesses

A party or witness who wishes to submit expert testimony or materials must state the scientiﬁc, technical, or other specialized knowledge the expert possesses, how the expert testimony or materials will assist the decisionmaker, why the material is reliable, and why the information is relevant but not otherwise impermissible. The investigator will determine whether to admit the expert testimony or materials. Unapproved expert testimony or materials will be excluded or redacted from the record.

8. Review and Comment - Relevant Evidence

Prior to the completion of the Investigative Report, the investigator will provide the parties all relevant and not otherwise impermissible evidence gathered during the investigation (e.g., interview notes from the investigative interviews, materials submitted by the parties, and materials submitted by witnesses). The parties will have the opportunity to review and comment on this evidence. The parties may address the following in their comments:

(a) The need to exclude or redact information;

(b) Factual errors they observe in the evidence;

(d) A request for an additional meeting with the investigator and a detailed description of the rationale for that request; and

(e) A request that the investigator conduct further investigation into a specific issue and a detailed description of the rationale for that request.

The parties may also provide supplemental evidence with their comments. The parties’ comments and supplemental evidence are due within 10 business days of the investigator sharing the relevant and not otherwise impermissible evidence. The parties’ comments and supplemental evidence will be considered by the investigator prior to finalizing the Investigative Report.

9. Investigative Report

Upon completion of the investigation, the Title IX Coordinator must prepare an Investigative Report, which will fairly summarize all relevant evidence gathered during the investigation. The Investigative Report must include:

(a) The procedural history of the investigation;

(b) A list of the individuals interviewed;

(d) The definition of the specific type of Sex-Based Misconduct alleged;

(e) An exhibit list containing all relevant and not otherwise impermissible evidence; and

(f) A factual summary discussing the relevant evidence as it pertains to each allegation.

i) Review of the Investigative Report - The Parties

Upon completion of the Investigative Report, the investigator will send the report to each party for their review and written response. A party’s written response to the report is due within 10 business days of the report being provided to them. Upon receipt of a party’s written response to the report, it will be shared with the other party. Prior to the hearing, the Investigative Report and the parties’ written response to the report, if any, will also be shared with the Adjudication Committee.

ii) Review of Investigative Report and Written Responses - Dean or President

Unless otherwise prohibited by federal, state, or local law, the Title IX Coordinator will send the Investigative Report and written responses to the Dean or President, and the Title IX Coordinator will send these materials to the Chief Student Affairs Officer if the respondent is a student. Following receipt of the Investigative Report and written responses, the Dean or President must, when warranted by the facts, authorize such action as they deem necessary, including action to correct the effects of the conduct investigated or prevent further harm to an affected party or other similarly situated person. This may include a recommendation that disciplinary action be commenced against the respondent or authorization to close the matter.

Within 30 business days of the termination of an investigation when it has been resolved by Informal Resolution or the complainant has withdrawn from the matter, the Title IX Coordinator will summarize for the file the actions taken in response to the allegations and the basis on which the investigation was closed.

10. Consolidation

The University may consolidate Complaints of Sex-Based Misconduct against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of Sex-Based Misconduct arise out of the same facts or circumstances. If one of the Complaints to be consolidated is a Complaint of Sex-Based Harassment, the grievance process for investigating and resolving the consolidated Complaint must comply with the procedures for a matter alleging Sex- Based Harassment.

11. Timeframe

The Investigations phase will be completed within 120 business days. If there is a delay in completing the Investigations phase, the Title IX Coordinator must notify the parties in writing, indicate the reason for the delay, and provide a timeframe for completing the investigation. The reason for an extension of the timeframe of an investigation may include, but is not limited to: compliance with a request by law enforcement; a limited accommodation for the availability of parties, their advisors, or witnesses; students or employees on leave; exam periods, school breaks, or vacations; and accounting for the complexities of a speciﬁc investigation, including the number of witnesses and volume of information provided by the parties.

J. Hearings

Following the completion of the Investigations phase, unless otherwise permitted under the Policy, all Sex-Based Harassment matters will proceed to a live hearing.

1. Referral for Hearing

Following the conclusion of the Investigations phase, the Title IX Coordinator will notify the following parties that the matter is ready for a hearing before the Adjudication Committee:

(a) For student-respondents: the University Title IX Director and the school or college Office of Student Affairs.

(b) For employee respondents: the University Title IX Director and the school, college, or unit Office of Human Resources and the school, college, or unit Labor Designee.

The University Title IX Director will facilitate the selection and scheduling of the Adjudication Committee, which will be comprised of members of the CUNY-wide Sexual Misconduct Panel. The University Title IX Director will determine an appropriate physical location for the hearing on a case-by-case basis. After the Adjudication Committee is selected and the hearing is scheduled, the school or college Office of Student Affairs or the school, college, or unit Office of Human Resources and/or Labor Designee will coordinate the hearing, including, for example, providing a location, facilitating a remote platform, recording the hearing and arranging for Presenters and advisors, as needed.

2. Issuance of Notice of Hearing

The college Office of Student Affairs or Office of Human Resources/Labor Relations will issue the Notice of Hearing to the parties, which will include the date, time and location of the hearing and notice of the allegations identiﬁed in the Investigative Report. The Notice of Hearing will be sent via email, using the parties’ CUNY email address unless another means of communication is requested. Notice of at least 7 business days will be provided. If any party fails to respond to the notice, appear on the adjourned date, or request an extension, the school, college, or unit may proceed without their presence, and any Written Determinations will be final, subject to appeal.

The Notice of Hearing must contain the following:

(a) A complete and itemized statement of the allegations against the respondent, including the policy the respondent is charged with violating, and the possible penalties for such violation; and

(b) A statement that the parties have the right to attend and participate fully in the hearing including the right: (1) to present their side of the story; (2) to present witnesses and evidence on their behalf; (3) to be represented by an advisor (who may be an attorney, at their own expense) and if the respondent or the complainant does not have an advisor at the hearing, the college will provide an advisor for the limited purpose of cross examination; (4) for their advisor to cross-examine witnesses presenting evidence; (5) for the respondent to remain silent without the assumption of responsibility; and (6) to a warning that anything said may be used at a non-college hearing.

3. CUNY-wide Sexual Misconduct Panel and Adjudication Committee

Each year, CUNY assembles a CUNY-wide Sexual Misconduct Panel (the “Panel”) comprised of faculty members, Higher Education Officer (“HEO”) series employees, and students from the schools or colleges. CUNY consults with each CUNY Dean or President during the process of forming the panel. When selecting faculty members, the Deans and Presidents consult with the faculty member who is the head of the appropriate campus governance body, or where the Dean or President is the head of the governance body, the faculty members of its executive committee. Each Panel member receives annual training regarding the Policy and their role in enforcing its provisions.

For each Sex-Based Harassment matter that goes to a hearing, three randomly selected members of the Panel will serve as the decisionmaker for that hearing. This three-member group of Panel members is referred to as the “Adjudication Committee.”

For hearings in which the respondent is a student, each Adjudication Committee will consist of one faculty member or one HEO, one student member, and a chairperson, who will be a faculty member or a HEO. For hearings in which the respondent is a faculty member, each Adjudication Committee will consist of two faculty members and a chairperson, who will be a faculty member or a HEO. For hearings in which the respondent is a HEO, each Adjudication Committee will consist of two HEOs and a chairperson, who will be a faculty member or a HEO. For all other hearings in which the respondent is an employee, each Adjudication Committee will consist of two faculty members or one faculty member and one HEO as well as a chairperson, who will be a faculty member or a HEO.

Once an Adjudication Committee is impaneled, they will be provided all relevant investigative materials, including the Investigative Report, the written responses to the Investigative Report, and any other relevant documents obtained as part of the investigation. The Adjudication Committee will not be provided any impermissible material or evidence.

During the hearing, the Adjudication Committee will listen to the testimony, review, and consider evidence and ask questions of the parties and witnesses to aid in their assessment of each individual’s credibility and to assist them in their determination of responsibility. After the deliberation phase, the Adjudication Committee will consider all the information and evidence, make a decision as to responsibility and sanction, if applicable, and issue a Written Determination.

The Adjudication Committee will collectively decide by majority vote whether the respondent is responsible for the alleged Policy violation(s). Hearings will be scheduled promptly (including during the summers) at a convenient time, and efforts must be made to ensure full student, HEO, and faculty representation.

If any Adjudication Committee member, including the chairperson, cannot continue, the University Title IX Director will appoint another Adjudication Committee member from the Panel to fill the vacant position.

Panel members will not participate in a matter if they have been involved in the investigation, will be participating in the hearing as a witness or if they have a direct interest in the outcome of the matter. Panel members will not serve on an Adjudication Committee if they have previously participated in a matter involving the same parties.

4. Hearing Format

The following sub-section addresses the hearing format for matters proceeding to a hearing under the Sex-Based Harassment grievance process.

i) Live Hearings

CUNY may conduct the live hearing with the parties physically present in the same geographic location. Upon request from any party, or at CUNY’s discretion, the live hearing may be conducted with the parties physically present in separate locations, with technology enabling the Adjudication Committee and parties to simultaneously see and hear the party or the witness while that person is speaking. All hearings are closed, meaning participation and observation is limited to the parties, their advisors, witnesses, the Adjudication Committee, the school, college, or unit Presenter and any CUNY official required to assist with the proper administration of the hearing.

ii) Role of the Chairperson

The chairperson of each Adjudication Committee will preside over all hearings and make all procedural rulings for the Adjudication Committee. At the commencement of the hearing, the chairperson will read from the Chairperson Script. During the presentation of evidence, the chairperson will exclude from the hearing room all persons who are to appear as witness until such time as they are providing testimony, and they will exclude all non-relevant questioning, testimony, and evidence. During the deliberation phase, the chairperson will lead the Adjudication Committee as the Adjudication Committee considers the information and evidence, determines responsibility, decides on the appropriate sanction, if applicable, and issues a Written Determination.

iii) Chairperson Script

At the outset of the hearing, the chairperson will inform the parties of their rights and the hearing procedures through the reading of the Chairperson Script.

During the reading of the Chairperson Script, the chairperson will ask the respondent whether they intend to admit responsibility for the allegations. If the Respondent admits responsibility for the allegations, the hearing moves directly to the post-hearing phase. If the Respondent chooses to not admit responsibility for the allegations, the hearing will proceed to the presentation of evidence. The Adjudication Committee may not draw any inference from a Respondent’s decision not to admit responsibility for the allegations.

iv) Opening Statements

The school, college, or unit, through the Presenter, and the parties may make an opening statement following the reading of the Chairperson Script. The opening statement should be a summary of the nature of the allegations and of the key facts and evidence that will be discussed in detail during the subsequent presentation of evidence.

v) Presentation of Evidence

If the Presenter, complainant, and respondent each choose to participate in the Presentation of Evidence, evidence will be presented in the following order: (1) the Presenter; (2) the complainant; and then (3) the respondent. The parties have an equal opportunity to present relevant evidence, including fact and expert witnesses and other inculpatory and exculpatory evidence to the Adjudication Committee. If a party submits documentary evidence during a hearing that was not previously shared during the investigation, the chairperson may, at the request of any other party or the Presenter, grant an adjournment of the hearing as necessary in the interest of fairness, to permit the requesting party time to review the newly produced evidence. Evidence that would be excluded or redacted during the Investigations phase will be deemed inadmissible by the chairperson.

a) Cross Examination

Each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. A party may not conduct cross-examination personally; they must do so through their advisor. In the event a party does not have an advisor and the matter proceeds to a hearing, the school, college, or unit must provide a CUNY-Appointed Advisor for the Limited Purpose of Cross- Examination to ask those questions the party would like to ask. CUNY will not appoint a Confidential Employee to serve as a CUNY-Appointed Advisor for the Limited Purpose of Cross-Examination.

Before a complainant, respondent, or witness answers a cross-examination or other question, the chairperson must first determine whether the question is relevant and permissible, and they must explain any decision to prohibit a question.

b) Absence or Refusal to Answer Questions

The Adjudication Committee may not draw an inference regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer any cross examination questions. However, the Adjudication Committee may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The Adjudication Committee must not draw an inference about whether Sex-Based Harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

vi) Closing Statements

Following the presentation of evidence, the Presenter and the parties may provide closing statements. If the Presenter, complainant, and respondent each choose to provide a closing statement, they will be provided in the following order: (1) the respondent; (2) the complainant; and then (3) the presenter. Closing statements should summarize the key facts and evidentiary materials contained in the investigative record and discussed during the hearing. In addition, the parties may state how the key facts and evidentiary materials should inform the Written Determination that will be issued by the Adjudication Committee.

vii) Post Hearing Submissions

Within two business days of the completed hearing, the Presenter will have the opportunity to introduce a copy of the respondent’s previous disciplinary records, if any, from any CUNY school or college the respondent has attended. They will also have the opportunity to submit an impact statement. The Presenter may submit an Impact Statement containing: (1) the appropriate sanction in the event the respondent is found responsible for violating the Policy; (2) the rationale for the proposed sanction. The Presenter may also introduce a copy of the respondent’s previous disciplinary records, if any, from any CUNY school or college the respondent has attended, provided the respondent was shown a copy of the records prior to the commencement of the hearing.

The Presenter must provide the respondent with a copy of their previous disciplinary records in advance of the hearing if they intend to submit them to the Adjudication Committee following the hearing.

The parties may submit an Impact Statement containing the following information: (1) the appropriate sanction in the event the respondent is found responsible for violating the Policy; (2) the rationale for the proposed sanction; (3) evidence of and comments on the respondent’s character; and (4) a statement regarding the impact of the conduct on the party.

The previous disciplinary records and the Impact Statements will not be reviewed by the Adjudication Committee unless the respondent is found responsible. Once the Adjudication Committee determines the respondent is responsible, these materials will be used to inform the sanctions provisions contained in the Written Determination.

viii) Hearing Recording

The school, college, or unit will make a recording of each hearing (e.g., stenographic transcript, audio recording, or video recording). No other recording of the proceedings is permitted. In the event of an appeal, the parties will be provided a copy of such a record without cost, upon the condition that it is not to be disseminated except to their Advisor of Choice, or any other person permitted to receive the record under federal, state, or local law.

5. Written Determination

The decisionmaker will evaluate relevant and not otherwise impermissible evidence for its persuasiveness, and they will not make credibility determinations based on a person’s status as a complainant, respondent, or witness. If the decisionmaker cannot establish by a preponderance of the evidence that Sex-Based Harassment occurred, the decisionmaker must not determine that Sex-Based Harassment occurred.

The Written Determination will include:

1. A description of the alleged Sex-Based Harassment;

2. Information about the policies and procedures that CUNY used to evaluate the allegations;

3. The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether Sex-Based Harassment occurred;

4. The rationale for the Written Determination;

5. When the decisionmaker ﬁnds that Sex-Based Harassment occurred, any disciplinary sanctions CUNY will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by the University to the complainant, and, to the extent appropriate, other students identiﬁed by CUNY to be experiencing the effects of the Sex-Based Harassment; and

6. CUNY’s procedures for the complainant and respondent to appeal.

The Title IX Coordinator will distribute the Written Determination to the parties simultaneously, within 15 business days of the conclusion of the hearing. The Written Determination will be sent by email using the parties’ CUNY email address or by any other email address known to the school, college, or unit. In matters involving two or more complainants or respondents, the Title IX Coordinator has 20 business days from the conclusion of the hearing to distribute the Written Determination to the parties.

The Written Determination becomes ﬁnal either on the date on which the Decision on Appeal is issued, or, if no party appeals, the date on which an appeal would no longer be considered timely.

If there is a determination that Sex-Based Harassment occurred, the Title IX Coordinator will coordinate the provision and implementation of remedies to a complainant and other persons CUNY identiﬁes as having had their equal access to CUNY education programs or activities limited or denied by Sex-Based Harassment. The Title IX Coordinator will also coordinate the imposition of any disciplinary sanctions on a respondent, including notiﬁcation to the complainant of any such disciplinary sanctions, and require the Title IX Coordinator to take other appropriate prompt and effective steps to ensure that Sex-Based Harassment does not continue or recur within the University community.

6. Sanctions

If a respondent is found responsible for violating the Policy, the Adjudication Committee will determine the consequences, or sanction, to be imposed; except that if the respondent is a represented employee whose discipline is subject to a collective bargaining agreement with CUNY or an employee with disciplinary rights under the New York State Civil Service Law, there will be no sanction phase, and a determination that the respondent is responsible will be referred for discipline under the applicable collective bargaining agreement or Civil Service Law. For all other employees, sanctions range from a reprimand to suspension to termination of employment.

When determining which sanction to impose, CUNY will elect to impose sanctions that are:

(1) fair and appropriate given the facts of the speciﬁc matter; (2) adequate to promote the safety of the CUNY community; and (3) reﬂective of the seriousness of the Sex-Based Misconduct.

Relevant factors that will be considered when imposing a sanction include: (1) the speciﬁc Sex-Based Misconduct at issue; (2) the circumstances accompanying the lack of consent (such as force, threat, coercion, incapacitation); (3) the sanctions imposed on the respondent in other matters involving similar conduct or the sanction recommended by the

Presenter; (4) the impact of the offense on the parties and the broader CUNY community, including the safety of the CUNY community; and (5) the respondent’s prior disciplinary history.

The following sanctions may be imposed on a student-respondent:

(a) Warning: Notice to the respondent, in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may result in more severe disciplinary action.

(b) Probation: A trial period during which the student may be excluded from participation in privileges or extracurricular University activities, as set forth in the notice of probation. Probation is for a designated period of time, and it includes notice of the probability of more severe disciplinary sanctions if the student is found to violate the Policy during the probationary period.

(c) Residence Hall Dismissal: Permanent separation of the student from the residence hall and termination of the student’s housing or license agreement, as applicable.

(d) Suspension: Exclusion from classes and other University privileges and activities as set forth in the notice of suspension for a definite period of time not to exceed three years.

(e) Dismissal: Permanent termination of student status, except that a dismissed student will be permitted to apply for readmission after a period of no less than three years in matters where the decision has expressly permitted such reapplication and set forth reasonable conditions for readmission.

(f) Expulsion: Permanent termination of student status.

(g) Withholding of Degree: A student’s academic degree that has been earned but not yet awarded, may be withheld until the completion of the disciplinary process as set forth in the Policy, including the completion of all disciplinary sanctions imposed.

(h) Revocation of Degree: Revoking degree awarded from the University/School/College for violations of the Policy committed by a student prior to graduation but discovered after the student is awarded a degree; and

(i) Revocation of Admission: Revoking an offer of admission prior to a student enrolling at CUNY.

In addition to the sanction imposed (except for expulsion, withholding of degree, revocation of degree, and revocation of admission), CUNY will require any student determined to be responsible for a violation of the Policy to receive appropriate education and/or training related to the Sex-Based Misconduct at issue. Students who are suspended, dismissed, or expelled as a result of the disciplinary process are not entitled to a refund of their tuition and/or fees.

When a disciplinary hearing results in a sanction of expulsion or suspension for one term or more, the respondent must be barred from admission to, or attendance at, any other unit of CUNY while the sanction is being served. Students may also be subject to CUNY’s policy on transcript notations. (Section VIII(L)).

7. Remedies for Complainants

In the event the respondent is found responsible for violating the Policy, the Title IX Coordinator will implement remedies for the complainant, designed to restore or preserve equal access to CUNY’s education program or activity. Such remedies may include a continuation of the same Supportive Measures described in Section VII(D), but need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.

8. Timeframe

When possible, the live hearing must be completed within 60 business days of the completion of the Investigations phase.

K. Appeals

The following provisions govern the appeal of a hearing held pursuant to the Sex-Based Harassment grievance process.

1. Grounds for Appeal

A party may appeal the Adjudication Committee’s Written Determination and/or the sanction imposed on the following grounds:

(a) Procedural irregularity that would change the outcome of the matter;

(b) New evidence that would change the outcome of the matter and that was not reasonably available at the time the Written Determination was made;

(c) The Title IX Coordinator, investigator, or Adjudication Committee had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or

(d) The disproportionate nature of the sanction.

2. CUNY-Wide Sexual Misconduct Panel – Appeal Arbiter

For each Sex-Based Harassment matter that goes to appeal after a hearing, one randomly selected member of the Panel will decide the appeal. This member of the Panel is referred to as the “Appeal Arbiter.” In all such matters, the Appeal Arbiter will be a faculty member or a HEO.

3. Notice of Appeal, Written Appeal, and Written Response to the Written Appeal

Parties intending to appeal under this section must send a written Notice of Appeal to the University Title IX Director within 10 business days of the delivery of the Written Determination or within 10 business days of obtaining new information that supports one of the above grounds for appeal, whichever is later. The University Title IX Director will notify the non-appealing party in writing and will instruct the school, college, or unit to provide the hearing recording to the parties. The school, college, or unit will provide the hearing recording to the parties in a timely manner.

The appealing party must submit a Written Appeal to the University Title IX Director within 10 business days of the delivery of the hearing recording. The Written Appeal must contain the relevant ground(s) for appeal and a detailed description of the rationale for the appeal. The non-appealing party will have the opportunity to submit a Written Response to the Written Appeal, due within 10 business days of the delivery of the appealing party’s Written Appeal.

The University Title IX Director will assign an Appeal Arbiter to the matter. The Appeal Arbiter will review the hearing materials and the written submissions of the parties.

4. Potential Outcomes of the Appeal

The Appeal Arbiter may, in whole or in part, modify the sanction, remand the matter for a new investigation or hearing, or affirm the Written Determination. The Appeal Decision will be provided simultaneously to the parties.

5. Timeframe

Within 15 business days of receipt of the non-appealing party’s Written Response to the Written Appeal or the non-appealing party’s failure to provide the submission, the Appeal Arbiter will issue an Appeal Decision indicating the final outcome and rationale for that decision.

L. Transcript Notations & Withholding of Degrees

When a student-respondent is found responsible and the sanction is either suspension or expulsion, the school or college must place a notation on the respondent’s transcript stating that respondent “was suspended [or expelled] after a finding of responsibility for a code of conduct violation.”

In all other matters, the school or college must place a notation of the findings and sanction on a respondent’s transcript unless a resolution agreement, the decision-makers determination, or the decision on appeal expressly indicates otherwise.

In matters where a student-respondent was expelled as a result of a Clery Act crime of violence, including but not limited to sexual assault, the notation will not be removed. For all other matters, after four years from the date of the conclusion of the disciplinary proceeding, or one year after the conclusion of any suspension, whichever is later, the respondent has the right to request that a transcript notation from a finding of responsibility be removed. If a finding of responsibility is vacated for any reason, the notation must be removed.

IX. SEX-BASED DISCRIMINATION & RELATED MISCONDUCT: GRIEVANCE PROCESS

The following grievance process applies to all reports of Sex-Based Discrimination & Related Misconduct under the Policy. Whether or not a party wishes to pursue the grievance process, Supportive Measures are available to parties, witnesses, and other impacted community members, and Informal Resolution is available to the parties. The parties may choose to have an Advisor of Choice and a Support Person present at all relevant times.

A. Initiating the Sex-Based Discrimination & Related Misconduct Grievance Process

The grievance process commences when the University receives a Complaint (i.e., an oral or written request that can be objectively understood as a request for CUNY to investigate and make a determination about reported Sex-Based Discrimination & Related Misconduct). A request that CUNY investigate and make a determination about reported discrimination may be submitted by: (1) a complainant; (2) a person who is legally authorized to represent or act on behalf of the complainant; (3) the Title IX Coordinator through a University Complaint; (4) any student or employee; or (5) any person other than a student or employee who was participating or attempting to participate in CUNY’s education program or activity at the time of the alleged Sex-Based Discrimination & Related Misconduct.

B. Presumption of Non-Responsibility, Burden of Proof, and Standard of Proof

All reports of Sex-Based Discrimination & Related Misconduct will be addressed in a prompt, thorough, and impartial manner. The University will maintain the presumption that the respondent is not responsible for the reported Sex-Based Discrimination & Related Misconduct until a determination is made and the appeal process has been exhausted.

Throughout the grievance process, the burden is on the University, not the parties or witnesses, to gather sufficient evidence to establish whether Sex-Based Discrimination & Related Misconduct occurred. The University applies the preponderance of the evidence standard of proof (i.e., whether it is more likely than not that the Sex-Based Misconduct took place) to determine whether Sex-Based Discrimination & Related Misconduct occurred.

C. Duty to Participate

Neither a party nor a student-witness can be compelled to participate in the grievance process. CUNY reserves the right to compel an employee-witness or Third Party to participate in the grievance process. Please note that CUNY may be limited in its ability to ensure that Sex-Based Discrimination & Related Misconduct does not continue or recur within the CUNY community if a party or witness does not participate in the grievance process.

D. Request for an Extension of Time

The investigator/decisionmaker, Title IX Coordinator, or University Title IX Director will determine, on a case-by-case basis, whether a party has established good cause to be granted a reasonable extension of time to participate in any phase of the grievance process. The investigator/decisionmaker, Title IX Coordinator, or University Title IX Director will simultaneously notify the parties of the length of the extension granted and the reason for the extension.

E. Dismissal of Complaints

The following sub-section governs the process for dismissing Complaints.

1. Grounds for Dismissal

A Title IX Coordinator may dismiss a matter if any of the following conditions are met: (1) the University is unable to identify the respondent after taking reasonable steps to do so;

(2) the respondent is not participating in CUNY’s education program or activity and is not employed by the University; (3) the complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint, and the Title IX Coordinator determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex-Based Discrimination & Related Misconduct under the Policy even if proven; or (4) the University determines the conduct alleged in the Complaint, even if proven, would not constitute Sex- Based Discrimination & Related Misconduct under the Policy.

2. Notice of Dismissal

If a Title IX Coordinator dismisses a matter, the University will provide simultaneous, written notice of the dismissal and the basis for the dismissal to the parties, except if the dismissal occurs before the respondent has been notiﬁed of the allegations, in which case only the complainant will receive written notice. The notice will state the dismissal may be appealed based on the Grounds for Dismissal above.

3. Appeal Process for the Dismissal of a Complaint

A party may appeal the Title IX Coordinator’s dismissal on the following grounds:

(a) Procedural irregularity that would change the outcome of the dismissal;

(b) New evidence that would change the outcome of the dismissal and that was not reasonably available at the time the dismissal was made; or

(c) The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the dismissal.

F. Conﬂict of Interest or Bias

If a party believes a CUNY official who is administering any portion of the grievance process has a conflict of interest or bias for or against complainants, respondents, or witnesses generally or an individual complainant, respondent, or witness, any party may make a request to have that reportedly conflicted or biased CUNY official removed from the process.

If the respondent in a matter is a CUNY official who customarily administers a portion of the grievance process, the Dean or President will appoint another administrator to perform that person’s duties under the Policy.

If the Dean or President is the respondent, the investigation will be handled by the University Title IX Director, or their designee. In other appropriate matters in which a high- level administrator is the respondent, the investigation may be referred for investigation to the University Title IX Director, or their designee.

G. Unauthorized Recordings

Allegations of non-compliance will be reviewed by the Office of Student Affairs, Human Resources, or Labor Designee, as appropriate, and may result in disciplinary action.

H. Student Withdrawal or Student Transfer Within CUNY Before the Grievance Process is Completed

A student who withdraws from CUNY will not be exempt from an investigation or adjudication that commenced prior to withdrawal. When a student-respondent withdraws from CUNY with an investigation or adjudication pending, the respondent will be barred from attending any other school or college of CUNY until the investigation and/or adjudication is complete or the allegations are otherwise resolved. If the respondent fails to appear at a subsequent hearing, the college may proceed in absentia, and any decision and sanction will be binding for all schools or colleges, pending appeal.

I. Investigations & Written Determination

The following provisions discuss the investigative and decision-making process under the Sex-Based Discrimination & Related Misconduct grievance process.

1. Trained Investigator & Decisionmaker – Dual Role

In matters falling under the Sex-Based Discrimination & Related Misconduct grievance process, the investigator will also serve as the decisionmaker. In their role as the investigator, they will investigate Complaints impartially and objectively, and they will follow all relevant procedures in the Policy. All interviews will be conducted in a live, question-and-answer format. In their role as the decisionmaker, they will evaluate relevant and not otherwise impermissible evidence for its persuasiveness, and they will not make credibility determinations based on a person’s status as a complainant, respondent, or witness.

No person designated as an investigator or decisionmaker will have a conﬂict of interest or bias for or against complainants, respondents, or witnesses generally, and they will not have a conﬂict of interest or bias for or against a speciﬁc complainant, respondent, or witness.

2. Anonymity

Neither a party nor a witness may remain anonymous once the grievance process has commenced. Please see Section IX(I)(6) to review the types of information that will be excluded or redacted during the grievance process.

3. Written Notice of Allegations

Following a live, question-and-answer intake meeting with the complainant, the investigator will draft a Notice of Allegations. The Notice of Allegations will contain the following information: (1) the name of the parties involved; (2) the date, time, and location of each reported incident to the extent known by the complainant; (3) the conduct giving rise to the report of Sex-Based Discrimination & Related Misconduct; (4) a citation to the relevant portion of the Policy containing the deﬁnition of the speciﬁc type of Sex-Based Discrimination & Related Misconduct alleged; (5) a reference to the Grievance Process, Informal Resolution, Supportive Measures, and Sanctions sections of the Policy; (6) a statement that retaliation is prohibited; (7) an acknowledgment that an updated Notice of Allegations will be shared with the parties if CUNY decides to investigate additional allegations of Sex-Based Discrimination & Related Misconduct by the respondent toward the complainant that are not contained in the Notice of Allegations or if the Complaint is consolidated; (8) a statement that the parties will be provided an equal opportunity to access the relevant and not otherwise impermissible evidence, including the notes for each interview conducted by the investigator; (9) a statement that they may have an Advisor of Choice assist them throughout the process, and that the advisor may be, but is not required to be, an attorney; (10) the University’s prohibition on improper disclosure of information and evidence; (11) a statement that the respondent is presumed not responsible for the alleged Sex-Based Discrimination & Related Misconduct until a determination is made at the conclusion of the grievance process; (12) a statement that, prior to the determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker; and (13) a statement that the University’s Code of Conduct and the Policy prohibit knowingly making false statements or knowingly submitting false information during the grievance process.

4. Witness Selection & Collection of Evidence

The investigator will make reasonable efforts to interview the parties and witnesses they deem necessary to obtain information needed to determine whether the reported conduct took place. CUNY will provide the parties written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

The investigator will also make reasonable efforts to obtain materials needed to determine whether the reported conduct took place. The investigator will review all evidence gathered through the investigation and objectively evaluate whether evidence is relevant and not otherwise impermissible. Each party will have an equal opportunity to access the evidence that is relevant to the allegations of Sex-Based Discrimination & Related Misconduct and not otherwise impermissible, and the parties will be provided 10 business days to respond to the evidence.

5. Unauthorized Disclosure of Information and Evidence Unauthorized disclosure of information and evidence obtained solely through the

grievance procedure is strictly prohibited and may constitute Retaliation under the Policy.

CUNY will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance process. Please note that disclosure of information and evidence for purposes of litigation related to a Complaint of Sex-Based Discrimination & Related Misconduct, or an administrative proceeding such as the pending grievance process under the Policy, is not prohibited.

6. Excluded or Redacted Materials

The following materials will be excluded or redacted from the record:

(d) Expert witnesses who are not approved by the investigator;

(e) The social security number, home address, or similar highly sensitive information pertaining to a party, witness, or other person referenced in the grievance process; and

(f) Any other materials prohibited by federal, state, or local law.

7. Expert Witnesses

8. Review and Comment – Relevant Evidence

Prior to drafting the Written Determination, the investigator will provide the parties all relevant and not otherwise impermissible evidence gathered during the investigation (e.g., interview notes from the investigative interviews, materials submitted by the parties, and materials submitted by witnesses). The parties will have the opportunity to review and comment on this evidence. The parties may address the following in their comments:

(a) The need to exclude or redact information;

(b) Factual errors they observe in the evidence;

(d) A request for an additional meeting with the investigator and a detailed description of the rationale for that request; and

(e) A request that the investigator conduct further investigation into a specific issue and a detailed description of the rationale for that request.

The parties may also provide supplemental evidence with their comments. The parties’ comments and supplemental evidence are due within 10 business days of the investigator sharing the relevant and not otherwise impermissible evidence. Once the comments and supplemental evidence are received by the investigator or the deadline for the submission of these materials has passed, the investigator will provide the comments and supplemental evidence, if any, to the parties.

When the investigator concludes that no additional investigation is warranted, the investigator will issue a Notice of Investigation Closure to the parties. The parties’ comments and supplemental evidence will be considered by the investigator prior to drafting the Written Determination.

9. Written Determination

After the Notice of Investigation Closure has been issued to the parties, the decisionmaker, who had been serving in the role of the investigator, will evaluate relevant and not otherwise impermissible evidence for its persuasiveness, and they will not make credibility determinations based on a person’s status as a complainant, respondent, or witness. If the decisionmaker cannot establish by a preponderance of the evidence that Sex-Based Discrimination & Related Misconduct occurred, the decisionmaker must not determine that Sex-Based Discrimination & Related Misconduct occurred.

Once a determination is reached, the decisionmaker will simultaneously notify the parties in writing of the determination. The Written Determination will include:

(a) A description of the alleged Sex-Based Discrimination & Related Misconduct;

(b) Information about the policies and procedures that CUNY used to evaluate the allegations;

(c) The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether Sex-Based Discrimination & Related Misconduct occurred;

(d) The rationale for the Written Determination;

(e) When the decisionmaker ﬁnds that Sex-Based Discrimination & Related Misconduct occurred, any disciplinary sanctions CUNY will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by the University to the complainant, and, to the extent appropriate, other students identiﬁed by CUNY to be experiencing the effects of the Sex-Based Discrimination & Related Misconduct; and

(f) CUNY’s procedures for the complainant and respondent to appeal.

The Title IX Coordinator will simultaneously distribute the Written Determination to the parties within 15 business days of the issuance of the Notice of Investigation Closure. The determination of responsibility will be sent by email using the parties’ CUNY email address or any other email address known to the school, college, or unit. In matters involving two or more complainants or respondents, the Title IX Coordinator has 20 business days from the conclusion of the hearing to distribute the decision to the parties.

The Written Determination becomes ﬁnal either on the date on which the Decision on Appeal is issued, or, if no party appeals, the date on which an appeal would no longer be considered timely.

If there is a determination that Sex-Based Discrimination & Related Misconduct occurred, the Title IX Coordinator will coordinate the provision and implementation of remedies to a complainant and other persons CUNY identiﬁes as having had their equal access to University education programs or activities limited or denied by Sex-Based Discrimination & Related Misconduct. The Title IX Coordinator will also coordinate the imposition of any disciplinary sanctions on a respondent, including notiﬁcation to the complainant of any such disciplinary sanctions, and require the Title IX Coordinator to take other appropriate prompt and effective steps to ensure that Sex-Based Discrimination & Related Misconduct does not continue or recur within the University community.

10. Sanctions

Sanctions refer to the consequences imposed on a respondent following a determination they are responsible for violating the Policy. When determining which sanction to impose, CUNY will elect to impose sanctions that are: (1) fair and appropriate given the facts of the speciﬁc matter; (2) adequate to promote the safety of the CUNY community; and (3) reﬂective of the seriousness of the Sex-Based Misconduct.

The following sanctions may be imposed on a student-respondent:

(j) Warning: Notice to the respondent, in writing, that continuation or repetition of the wrongful conduct, within a period of time stated in the warning, may result in more severe disciplinary action.

(k) Probation: A trial period during which the student may be excluded from participation in privileges or extracurricular University activities, as set forth in the notice of probation. Probation is for a designated period of time, and it includes notice of the probability of more severe disciplinary sanctions if the student is found to violate the Policy during the probationary period.

(l) Residence Hall Dismissal: Permanent separation of the student from the residence hall and termination of the student’s housing or license agreement, as applicable.

(m) Suspension: Exclusion from classes and other University privileges and activities as set forth in the notice of suspension for a definite period of time not to exceed three years.

(n) Dismissal: Permanent termination of student status, except that a dismissed student will be permitted to apply for readmission after a period of no less than three years in matters where the decision has expressly permitted such reapplication and set forth reasonable conditions for readmission.

(o) Expulsion: Permanent termination of student status.

(p) Withholding of Degree: A student’s academic degree that has been earned but not yet awarded, may be withheld until the completion of the disciplinary process as set forth in the Policy, including the completion of all disciplinary sanctions imposed.

(q) Revocation of Degree: Revoking degree awarded from the University/School/College for violations of the Policy committed by a student prior to graduation but discovered after the student is awarded a degree; and

(r) Revocation of Admission: Revoking an offer of admission prior to a student enrolling at CUNY.

When an investigation and Written Determination results in a sanction of expulsion or suspension for one term or more, the respondent must be barred from admission to, or attendance at, any other unit of CUNY while the sanction is being served. Students may also be subject to CUNY’s policy on transcript notations which is discussed in Section IX(K).

For employees who are subject to a disciplinary process contained in a collective bargaining agreement with CUNY or an employee with disciplinary rights under the New York State Civil Service Law, a determination that the respondent is responsible will be referred for discipline under the applicable collective bargaining agreement or Civil Service Law. For all other employees, sanctions range from a reprimand to suspension to termination of employment.

11. Remedies for Complainants

In the event the respondent is found responsible for violating the Policy, the Title IX Coordinator will implement remedies for the complainant, designed to restore or preserve equal access to CUNY’s education program or activity. Such remedies may include a continuation of the same Supportive Measures and accommodations described in Section VII(D) but need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.

12. Consolidation

13. Timeframe

The Investigations & Written Determination phase will be completed within 120 business days. If there is a delay in completing the Investigations & Written Determination phase, the Title IX Coordinator must notify the parties in writing, indicate the reason for the delay, and provide a timeframe for completing the investigation. The reason for an extension of the timeframe of an investigation may include, but is not limited to: compliance with a request by law enforcement; a limited accommodation for the availability of parties, their advisors, or witnesses; students or employees on leave; exam periods, school breaks, or vacations; and accounting for the complexities of a speciﬁc investigation, including the number of witnesses and volume of information provided by the parties.

J. Appeals

The following provisions govern the appeal of Written Determinations issued pursuant to the Sex-Based Discrimination & Related Misconduct grievance process.

1. Grounds for Appeal

A party may appeal the decisionmaker’s Written Determination and/or the sanction imposed on the following grounds:

(a) Procedural irregularity that would change the outcome of the matter;

(b) New evidence that would change the outcome of the matter and that was not reasonably available at the time the Written Determination was made;

(d) The disproportionate nature of the sanction.

2. CUNY-wide Sexual Misconduct Panel – Appeal Arbiter

For each Sex-Based Discrimination & Related Misconduct matter that goes to appeal after a Written Determination, one randomly selected member of the Panel will decide the appeal. This member of the Panel is referred to as the “Appeal Arbiter.” In all such matters, the Appeal Arbiter will be a faculty member or a HEO.

3. Written Appeal and Written Response to the Written Appeal

Parties intending to appeal under this section must send a Written Appeal to the University Title IX Director within 10 business days of the delivery of the Written Determination or within 10 business days of obtaining new information that supports one of the above grounds for appeal, whichever is later. The Written Appeal must contain the relevant ground(s) for appeal and a detailed description of the rationale for the appeal. The University Title IX Director will notify the non-appealing party of the Written Appeal in writing. The non-appealing party will have the opportunity to submit a Written Response to the Written Appeal, due within 10 business days of the delivery of the appealing party’s Written Appeal.

The University Title IX Director will assign an Appeal Arbiter to the matter. The Appeal Arbiter will review the investigative materials and the written submissions of the parties.

4. Potential Outcomes of the Appeal

The Appeal Arbiter may, in whole or in part, modify the sanction, remand the matter for a new investigation, remand the matter for the issuance of a Written Determination containing new or additional analysis, or affirm the Written Determination. The Appeal Decision will be provided simultaneously to the parties.

5. Timeframe

K. Transcript Notations & Withholding of Degrees

X. EXTERNAL RESOURCES

The list of external resources below is not intended to be an exhaustive list. The inclusion of an organization, entity, and/or individual in the list below is not a guarantee that the resource will have the capability, availability, and/or bandwidth to assist individuals who may need their services.

Day One:

· 1-800-214-4150 (Call); 1-646-535-3291 (Text)

provides free direct services, including counseling, legal support, and case management to individuals 24 years of age, and under.

EndTab:

· Contact available through ENDTab website

· Creates, and provides, practical tools related to digital safety. Mount Sinai Sexual Assault and Violence Intervention Program (SAVI):

· 212-423-2140

National Domestic Violence 24 Hour Hotline

· 1-800-799-7233

· 1-800-787-3224 (TTY)

· National Deaf Hotline Videophone: deafhelp@thehotline.org, 1-855-812-1001 New York City Family Justice Centers

· Bronx: 198 East 161st Street, 2nd Floor, (718) 508-1220

· Kings (Brooklyn): 350 Jay Street, 15th Floor, (718) 250-5113

· New York (Manhattan): 80 Centre Street, 5th ﬂoor, (212) 602-2800

· Queens: 126-02 82nd Avenue, (718) 575-4545

· Richmond (Staten Island): 126 Stuyvesant Place, (718)-697-4300

Through any NYC FJC, survivors of domestic and gender-based violence and their children can get connected to organizations that provide case management, economic empowerment, counseling, civil legal, and criminal legal assistance. Located in all ﬁve boroughs, FJCs are safe, caring environments that provide one-stop services and support. Key City agencies, community, social and civil legal services providers, and District Attorney's Offices are located on-site at FJCs, to make it easier for survivors to get help.

New York City Sexual Alliance Against Sexual Assault:

· contact-us@svfreenyc.org

The New York City Alliance Against Sexual Assault (The Alliance) works to prevent sexual violence and reduce the harm it causes through education, prevention programming, advocacy for survivors, and the pursuit of legal and policy changes.

New York State Coalition Against Domestic Violence:

· nyscadv@nyscadv.org; (518) 482-5465

· The New York State Coalition Against Domestic Violence (NYSCADV) provides training, support, technical assistance and advocacy to local direct service domestic violence programs across New York State. A directory of available New York State Domestic Violence programs, by county, is available on the NYSCADV website.

Office for the Prevention of Domestic Violence

· 1-800-942-6906, or 7-1-1 for Deaf or Hard of Hearing; Text: 844-997-2121 https://opdv.ny.gov/chat.html

· 24/7 conﬁdential support for survivors of gender-based violence Safe Horizon

· 24 Hour Helpline: 212-227-3000

· The nation’s leading victim assistance organization, operating a network of programs across New York City communities and systems. We work with survivors of all forms of violence, including racism, to move from crisis to conﬁdence.

Sanctuary for Families:

· Info@sffny.org; (212) 349-6009

· New York’s leading service provider and advocate for survivors of domestic violence, sex trafficking and related forms of gender violence.

Violence Intervention Program

· 1-800-664-5880

· A New York City gender-based violence organization led by and for Latinx survivors. Womankind

· Helpline: 1-888-888-7702

· Womankind brings critical resources and deep cultural competency to help survivors of all ages ﬁnd refuge, recovery, and renewal from domestic violence, human trafficking, and sexual violence.

XI. STUDENT BILL OF RIGHTS

All students have the right to:

1. Make a report to local law enforcement and/or state police;

2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;

3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by their institution;

4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;

5. Be treated with dignity and to receive from their institution courteous, fair, and respectful health care and counseling services, where available;

6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;

7. Describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident;

8. Be protected from retaliation by their institution, any student, the respondent and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of their institution;

9. Have access to at least one level of appeal of a determination;

10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and

11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of their institution.

For more information about preventing and addressing Sexual Violence at CUNY see http://www1.cuny.edu/sites/title-ix/campus-websites.

XII. PLAIN LANGUAGE EXPLANATION OF DISTINCTIONS BETWEEN THE NEW YORK PENAL LAW AND CUNY’S POLICY ON SEX-BASED MISCONDUCT

Students, employees, and other community members should be aware that CUNY procedures and standards differ from those of the criminal justice system. Below is a brief description of the differences between the criminal justice system and CUNY’s Policy on Sex-Based Misconduct.

	Criminal Justice System	CUNY Policy on Sex-Based Misconduct
Goals	Public safety, deterrence, and punishment.	Education; safety; safe and supportive campus environment.
Governing Law	New York State Penal Code; New York State Rules of Criminal Procedure (or another state’s rules if the crime took place there), Federal Criminal Law, and Rules of Evidence.	Title IX; The Clery Act as amended by the Violence Against Women Act; NYS Education Law Articles 129-A and 129-B. Applicable federal, state, and local law addressing sex discrimination.
How to report and whether there must be action once a report is made	Crimes involving sexual violence may be reported to campus police (if the campus has police officers), the local police agency, or to the New York State Police. Certain crimes may also be reported to federal law enforcement agents. Once a report is made, the decision whether to investigate is made by the police/law enforcement agency, often in consultation with a District Attorney or other prosecuting agency. An investigation may be conducted without the consent or participation of a reporting individual. The ultimate decision of whether to initiate a criminal prosecution is initially made by a prosecutor. In cases involving felony charges, the final charging decision is made by a Grand Jury.	Complainants may disclose sexual violence to various college employees who are designated Confidential Employees or to others who will try to ensure privacy to the extent consistent with the obligation to provide a safe educational environment. Disclosures made to a Confidential Employees will not be shared with the Title IX Coordinator. When a report is made to the Title IX Coordinator (TIXC) or another non-confidential resource, the TIXC will determine whether an investigation is necessary by weighing a request for confidentiality by the reporting individual against the continuing safety of that person and the safety and best interests of the campus community.
Who investigates?	Police or other law enforcement officials.	Investigators employed or retained by CUNY.
Procedures	See Governing Law. Procedures established by police departments, prosecutors’ offices, etc.	The Bylaws, collective bargaining agreements, or other polices may impact the Policy.
Standard of Evidence	Crimes must be proven “Beyond a Reasonable Doubt”	A violation of disciplinary rules must be found by a “Preponderance of the Evidence” (i.e., the “more likely than not” standard).
Confidentiality	Law enforcement agencies offer some confidential assistance, but a criminal charge and trial must be public.	CUNY offers Confidential Employees, but a disciplinary proceeding requires relevant information be shared with those involved.
Privacy	Criminal trials must be public.	Disciplinary proceedings are kept as private as possible, but information must be shared with

		certain individuals within the college, the parties, and pursuant to law.
Who are the parties?	The prosecution and defendant. The victim/survivor is not a party, but often the critical witness for the prosecution.	The complainant and the respondent.
Participation in the process	In limited circumstances, a criminal prosecution can proceed without the participation or cooperation of the reporting individual, but without a reporting individual’s participation, it is generally more difficult to prove a crime beyond a reasonable doubt.	The parties cannot be required to participate. However, a college will be limited in its ability to respond if a party does not participate.
Who initiates the proceedings?	A prosecutor, acting on behalf of the state (or the United States in federal cases).	The complainant or CUNY may initiate the proceedings.
Testimony	In a court, testimony is generally public. Other parties are, through counsel, entitled to cross-examine witnesses.	Please see the relevant portions of the “Sex-Based Harassment: Grievance Process” and “Sex-Based Discrimination & Related Misconduct: Grievance Process” portions of the Policy.
Role of attorneys	Both the state and the defendant are represented by counsel; counsel may question witnesses.	Attorneys may serve as Advisors of Choice or Support Persons.
Mental Health and Sexual History	In New York, a reporting individual’s prior sexual and mental health history is generally, but not always, inadmissible in a criminal case. There are limited circumstances under which directly relevant evidence of that kind may be admitted.	Please see the relevant “Excluded or Redacted Materials” portions of the Policy.
Possible Results	If a prosecution takes place, the defendant may · plead guilty or “no contest” · have the case dismissed by the judge (on legal grounds) · be found “guilty” or “not guilty” by a judge or jury	Informal Resolution; A finding of “responsible” or “not responsible” for Sex-Based Misconduct under the applicable grievance process; An acknowledgement of responsibility by the Respondent; A dismissal of the matter.
Sanctions	An individual found guilty may be fined, imprisoned, or both. In some courts, alternative sanctions are sometimes used.	An individual found responsible for violating college policy may be given a range of sanctions (depending on the severity of the conduct and other factors, such as prior judicial history), ranging from a warning to suspension or expulsion from the institution.

XIII. RECORDKEEPING

All records related to a school, college, or unit’s response to allegations of Sex-Based Misconduct must be maintained by that school, college, or unit for 7 years from the last action on a matter, unless such records must be maintained for a longer period of time pursuant to CUNY’s Records Retention and Disposition Schedule. These records include: records of any actions, including any Supportive Measures provided in response to allegations of Sex-Based Misconduct; investigation records, materials, and documents; determinations regarding responsibility and disciplinary sanctions; remedies provided to a complainant designed to restore or preserve equal access to CUNY’s education program or activity; any appeals and the result; any informal resolution and the result; and any recordings or transcripts of hearings.

CUNY’s Records Retention and Disposition Schedule requires that student disciplinary records be maintained permanently.

XIV. GLOSSARY

Admission: Selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by CUNY.

Affirmative Consent: A knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.

Silence or lack of resistance, in and of itself, does not demonstrate consent. The deﬁnition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

For the purposes of this deﬁnition:

(a) Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.

(b) In order to give consent, one must be of legal age (17 years or older in New York).

(c) Consent is required regardless of whether the person initiating the act is under the inﬂuence of drugs and/or alcohol.

(d) Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by lack of consciousness or being asleep, being involuntarily restrained, or if the individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the inﬂuence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.

(e) Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

(f) Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop.

Applicant: A person who submits an application, request, or plan required to be approved by CUNY.

Complainant: A student, employee, Visitor, Third Party, or other person who is reported to have been subjected to conduct that could constitute Sex-Based Misconduct under the Policy. Under the Policy, the reported conduct may have been brought to the school, college, or unit’s attention by someone other than the complainant.

Complaint: An oral or written request to CUNY that objectively can be understood as a request for CUNY to investigate and make a determination about alleged discrimination under Title IX or the Policy.

Conﬁdential Employee: An employee whose communications are privileged or conﬁdential under Federal or State law. The employee’s conﬁdential status, for purposes of the Policy, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or conﬁdentiality applies; An employee of CUNY whom CUNY has designated as conﬁdential under the Policy for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee’s conﬁdential status is only with respect to information received about sex discrimination in connection with providing those services; or an employee of a postsecondary institution who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination—but the employee’s conﬁdential status is only with respect to information received while conducting the study.

Conﬁdentiality: The commitment not to share any identifying information with others, except as required by law in emergency circumstances (such as risk of death or serious bodily harm). Conﬁdentiality may only be offered by individuals who are not required to report known incidents of Sex-Based Misconduct to school, college, or unit officials.

Licensed mental health counselors, medical providers and pastoral counselors may offer conﬁdentiality.

Consent: This term is synonymous with “affirmative consent.”

Day: Whenever the Policy refers to a “day,” it means a CUNY business day.

Informal Resolution: A voluntary alternative to the grievance process which culminates in a signed informal resolution agreement that is available before a determination of responsibility has been rendered by a decisionmaker.

Informal Resolution Agreement: A binding written document, that both parties must sign, which contains the mutually agreed upon terms and provisions of the informal resolution.

Informal Resolution Facilitator: A trained individual assigned to matters being addressed via the Informal Resolution process.

Mandatory Reporter: Any employee who has authority to institute corrective measures on behalf of CUNY or who has responsibility for administrative leadership, teaching, or advising within CUNY, and who has a duty to notify the Title IX Coordinator for their school, college, or unit when they reasonably suspect or observe conduct that may reasonably constitute Sex-Based Misconduct under the Policy.

Party: The complainant(s) or respondent(s) in a matter.

Pregnancy: Pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions as disclosed without any requirements for documentation.

Preponderance of the Evidence Standard: The standard of evidence used during the investigation and adjudication of Sex-Based Misconduct under the Policy. To satisfy the preponderance of the evidence standard, the decision-maker must determine that it is more likely than not that Sex-Based Misconduct occurred.

Privacy: The commitment by a CUNY official administering the Policy to only disclose information pertaining to a report of Sex-Based Misconduct to the extent necessary to carry out their duties or responsibilities under the Policy.

Respondent: A person who is reported to have engaged in Sex-Based Misconduct as deﬁned in the Policy.

Sanctions: Consequences imposed on a respondent following a determination under Title IX that the respondent violated CUNY’s prohibition on sex discrimination.

Sexual Act/Sexual Activity: Any form of vaginal, anal, or oral penetration or attempted penetration, however slight, by a penis, object, tongue or ﬁnger. Any sexual contact, including sexual touching, also constitutes a sexual act/sexual activity. Sexual touching includes contact under or over clothing with another person’s anus, breasts, buttocks, genitals, groin or inner thigh; touching another person anywhere with any of these body parts; making another person touch any of these body parts under or over clothing; or the emission of ejaculate on the clothing or body of another person.

Sex-Based Misconduct: Conduct that qualiﬁes as Sex-Based Harassment or Sex-Based Discrimination under the Policy. See Section IV for the deﬁnitions of Sex-Based Harassment and Sex-Based Discrimination & Related Misconduct.

Student: A person attempting to participate in a CUNY education program or activity as a student. This includes applicants for admissions and those that have gained admission to CUNY, part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at a CUNY education program or activity.

Student with a Disability: A student who is an individual with a disability as deﬁned in the Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(9)(B), (20)(B), or a child with a disability as deﬁned in the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3).

Support Person: An individual responsible for addressing the mental, emotional, and physical health needs of a party.

Supportive Measures: Individualized measures offered as appropriate, or as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to: (1) restore or preserve that party’s access to CUNY’s education program or activity, including measures that are designed to protect the safety of the parties or CUNY’s educational environment; or (2) provide support during CUNY’s grievance process or during the informal resolution process .

Third Party: An agent or other person authorized by CUNY to provide an aid, beneﬁt, or service under CUNY’s education program or activity.

Unauthorized Copying: Audio or video recording of any part, step, meeting, or communication related to the investigation or grievance process, and/or streaming, photographing, scanning, transcribing, or any other action that results in the replication or duplication of documents and/or materials provided in connection with an investigation and/or grievance process.

Unauthorized Disclosure of Information and Evidence: A party’s sharing, disclosing, posting, or transmitting of information, documents, communications, materials, or evidence, relayed, conveyed, or provided to the party, by the college or school, as part of the investigation or grievance process, to an individual (other than the party’s advisor of choice) entity, organization, website, social media platform, or other medium, for a non- permissible purpose.

Visitor: A person, other than a student or employee, who is alleged to have been subjected to conduct that could constitute sex discrimination under the Policy and who was participating or attempting to participate in CUNY’s education program or activity at the time of the alleged sex discrimination.