CUNY's Sexual Misconduct Curriculum for Employees

Policies, Prevention And Resources

Definitions of sexual harassment, gender-based harassment and sexual violence, including sexual assault, dating/intimate partner/domestic violence, and stalking; Policies and procedures; Reporting incidents of sexual harassment/gender-based harassment/sexual violence; Confidentiality; Awareness and prevention; Resources

• CUNY's Goals
• What Is…?
• Who Are the Victims…?
• Forms Of…
• CUNY’s Policies
• Confidentiality
• Bystander
• Resources

• Prevent sexual harassment/sexual violence on our campuses - One incident is one too many
• Provide clear and forceful policies and procedures on addressing sexual harassment and sexual violence. Provide and promote education and awareness of staff and student obligations, and available resources
• Respond appropriately to students and employees who complain of sexual harassment/sexual violence
• Encourage, though not require, victims to report to law enforcement
• Provide an adjudication process that is fair to both complainant and accused

We Need to Hear From You

If you experience any form of sexual harassment, gender-based harassment and/or sexual violence, or observe or learn about any form of the above against an employee, you should contact:

• We also encourage you to report all cases involving any form of sexual violence and/or stalking to the NYPD. We will assist you if you wish.

If you observe or learn about any form of sexual harassment and/or gender-based harassment of and/or sexual violence against a student you should contact:

Sexual Harassment  •  Gender-based Harassment  •  Sexual Violence  •  Domestic/Intimate Partner/Dating Violence  •  Stalking

Who Are The Victims Of Sexual Harassment, Gender-Based Harassment And/Or Sexual Violence?

• Anyone – of any gender, gender identity, sexual orientation, physical or mental ability, religious affiliation, citizenship status, race, class or educational level – can be a victim of sexual harassment and/or sexual assault.
• For example, the scenarios depicted in the video clips included in this presentation could occur between individuals of any gender, gender identity or sexual orientation.
• Sexual harassment and/or sexual violence can occur between members of the same sex/gender.

Report all incidents of sexual harassment / gender-based harassment/ sexual violence to your Title IX Coordinator, Director of Public Safety, or Chief Student Affairs Officer (for students) or Director of Human Resources (for employees)

"Every member of the CUNY community, including students, employees and visitors, deserves the opportunity to live, learn and work free from sexual harassment, gender-based harassment and sexual violence."

The University has professionals and law enforcement officers who are trained to assist student victims in obtaining help, including immediate medical care, counseling and other essential services, as well as reporting to law enforcement.

Student-Employee Relationships

Faculty members and other employees are prohibited from engaging in consensual intimate relationships with students for whom they have a professional responsibility. For example:

• an athletic coach may not engage in an intimate relationship with a student on his/her team.
• A professor may not engage in an intimate relationship with a student in his/her course.

Supervisors are strongly discouraged from engaging in consensual intimate relationships with non-student employees they supervise.

Supervisors are required to report any such relationships to their supervisors.

• Domestic violence can spill over into the workplace, compromising the safety of both victims and co-workers and result in lost productivity, increased health care costs, increased absenteesim, and increased employee turnover.
• CUNY is committed to
  • full compliance with all applicable laws governing domestic violence in the workplace
  • promoting the health and safety of all its employees
  • participating in the fight to end domestic violence
• CUNY does not discriminate against victims of domestic violence.
• CUNY permits time off for victims or witnesses of domestic violence to consult with a prosecutor, appear as a witness in a legal proceeding or otherwise exercise their rights as provided by New York law.
• Employees who are victims of domestic violence and who separate from their spouses/partners may make reasonable changes in benefits during the calendar year where possible and in accordance with applicable law.
• Victims of domestic violence who are subject to disciplinary proceedings due to work performance should notify their supervisor and/or human resources of their situation, which will be considered in the College’s efforts to resolve the performance issues.
• Victims of domestic violence who are terminated or voluntarily separate from employment due to domestic violence-related performance issues should notify human resources who will investigate eligibility for unemployment benefits.
• New York State law prohibits insurance companies from discriminating against victims of domestic violence.

Orders of Protection

Bring all orders of protection to the attention of Campus Public Safety. The Campus will comply with and assist in the enforcement of all known court orders of protection.

Public Safety will work with the employee to ensure the safest possible work environment.

CUNY will seek to discipline, and where appropriate, will report to law enforcement, any employee who:

• uses CUNY resources to commit an act of domestic violence; or
• commits an act of domestic violence from or at the workplace or from any location while on CUNY business; or
• uses his/her job-related authority and/or CUNY resources in order to negatively affect victims and/or assist perpetrators in locating a victim or in perpetrating an act of domestic violence.

All individuals who believe that they have experienced or witnessed sexual misconduct are strongly encouraged to report the incident to campus authorities.

Students should report to:

Employees should report to:

Sexual Misconduct - Other Forms of Notice

Even when no formal complaint is made by an alleged victim, employees of the college can learn of an incident of sexual misconduct in a number of other ways:

• A friend or family member can report it to school officials.
• A staff member can witness an incident.
• A staff member can learn in indirect manner: on social media (Twitter, Facebook), or in the media.
• The behavior may be openly practiced and/or well- known on campus (Yale: fraternities yelling "no means yes, yes means anal" in front of women’s centers).

• All student complaints of sexual misconduct are promptly investigated by the Title IX Coordinator, with assistance from Public Safety and Student Affairs where appropriate.
• All employee complaints of sexual misconduct are promptly investigated by the Title IX Coordinator, or his/her designee with assistance from Public Safety and Human Resources where appropriate.
• The Public Safety Director is notified of all complaints of sexual misconduct.
• All students and employees are encouraged, though not required, to report all incidents of sexual violence to the NYPD. Public Safety will help you make the report.
• Where appropriate, the College will implement security measures to keep employees, our students and the campus community safe.
• Assistance is often provided pending the investigation. For example, the College may offer:
  • For students
    • Security escort
    • Class rescheduling/reassignment
    • On campus counseling for students
    • Academic assistance
    • No Contact Order between Complainant and accused
  • For employees
    • Security escort
    • Office relocation
    • Free confidential support services through CUNY’s Work/Life Program
    • No contact order

• The procedures for imposing discipline on many CUNY employees are governed by collective bargaining agreements. In many instances, discipline cannot be imposed without a hearing before a neutral fact finder who is not employed by the College.
• The complainant and accused will be informed in writing of the outcome when the disciplinary procedure is complete.
• While these proceedings are pending, the College will take all reasonable measures to separate the complainant from the accused.

Disciplinary penalties can include:

Who May The College Require To Testify At The Disciplinary Hearing?

• Students are not required to testify at disciplinary hearings, although they may be encouraged to do so.
  • However, if student-witnesses refuse to testify at the hearing, it may be less likely that fact finder(s) will find the conduct occurred or impose the penalty the College seeks.
• Employees may be required to testify.
  • Cooperation with investigation is required of all employees.

• Retaliation is adverse treatment of an individual because he/she made a sexual harassment/sexual violence complaint, opposed sexual harassment/sexual violence, or cooperated with an investigation.
• Retaliation is illegal.
• No individual, including the accused, may directly, or through a third-party, intimidate, threaten or coerce the complainant or any other participant in the investigation/disciplinary process including witnesses, panel members, and investigators.
• The College will seek to discipline anyone found to have engaged in retaliation.

• Employees who wish to report an incident confidentially should contact support services available through CUNY’s Work/Life Program, that is administered by an independent company.
• Employees can report misconduct, confidentially if they choose, to the Office of General Counsel at http://www.cuny.edu/about/administration/offices/la/fillablereportmissconduct.pdf.

Confidentiality - Students

• Only certain employees can promise that a student’s allegations of sexual misconduct will be handled confidentially.
  • Counselors or other staff members in campus Counseling Center
  • Nurse, nurse practitioner or other staff member in campus Health Office/Wellness Center
  • Pastoral counselor if one is available at the campus
  • Staff member of Women’s Center, if available at the campus
• All other staff are either required or strongly encouraged to report.

What you should tell a student before she/he shares information about an incident of sexual misconduct:

• Remind the student that you are obligated (or encouraged) to report to Title IX Coordinator, Public Safety or Chief Student Affairs Officer.
• Explain that the information will only be shared with individuals with a legitimate need for the information.
• Explain that the student can share the information with a campus counselor who will keep it strictly confidential with rare exceptions.
• Encourage a student who experiences sexual violence to report the incident to law enforcement.

Confidentiality - The Clery Act

• The Clery Act (a federal law) requires college campuses to track and report certain crime statistics, including incidents of sexual violence.
• All college officials who have significant responsibility for student and campus activities are required to report these crime statistics to Public Safety.
• Although the incident must be reported, the identity of the complainant/victim will not be reported.
• Only licensed or certified mental health professionals acting in this professional capacity are exempt from this reporting requirement.

If you are the victim of sexual violence:

• Preserve any possible evidence, including clothing, electronic communications, voice mails.
  • Store clothing in a paper bag if possible.
• Do not shower or wash or brush your teeth.
• If the attack took place in a dorm room or other indoor area, do not rearrange any furniture or objects.
• Seek medical attention immediately so evidence is preserved.
  • Ask for a rape exam.

Understanding Consent

What Is Consent?

Consent is a knowing, informed, voluntary and mutual decision to engage in agreed upon sexual activity.

Consent can be given by words or actions, as long as they create clear permission regarding willingness to engage in the sexual activity.

Each person must clearly communicate his/her willingness and permission to engage in sexual activity.

• A person who is drunk or high may not be able to consent.
• Having sex with a person who is passed out, or slides in and out of consciousness, is rape.
• Failure to resist or say “no,” does not equal consent.
• Silence does not constitute consent.
• Past consent to sexual relations does not constitute consent to subsequent relations.
• Consent to one form of sexual activity does not imply consent to other forms.
• A person’s appearance or dress does not communicate consent.
• During an encounter, a person may consent to certain sexual acts and not to others.
• A person under 17 years old cannot consent to sexual intercourse under New York law

You Must Obtain Consent

• If you do not obtain consent from a sexual partner, you may be committing sexual assault.
• Remember, the decision to engage in sex or sexual activity must be mutual.
• Before you engage in sexual activity, consider…
  • Have you expressed what you want?
  • Do you know what your partner wants?
  • Has your partner given consent?
  • Is your potential partner sober enough to decide whether or not to have sex?
  • Are you sober enough to know that you’ve correctly gauged consent?

You do not have consent if:

• You are using physical force or size to have sex.
• You have coerced your partner in any way (asking repeatedly, putting pressure on your partner, physically intimidating him/her, etc.).
• You intend to have sex by any means necessary.
• Your partner is too intoxicated or high to giveconsent.
• You are too intoxicated or high to gauge consent.
• Your partner is asleep.
• Your partner is unconscious or for any other reason is physically or mentally unable to communicate consent.
• You don’t think your partner would agree to have sex if he/she were sober.

CUNY expects that all other community members, including faculty, students and visitors will take reasonable and prudent actions to prevent or stop an act of sexual harassment, gender-based harassment or sexual violence that they may witness, including calling 911 or campus public safety.

Taking action may include direct intervention, calling law enforcement, or seeking assistance from a person in authority.

Community members who take action will be supported by the college and protected from retaliation.

Queensborough Community College