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POLICY

Sexual Assault and Bias-Related Crime Prevention on Campus Overview

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NOTICE TO NEW YORK UNIVERSITY STUDENTS

 

      OVERVIEW OF SEXUAL ASSAULT AND BIAS-RELATED                                            CRIME PREVENTION ON CAMPUS 2013-2014

 

I. Sexual Assault Defined: Sexual assault is a sexual act against the will and without the consent of the victim or where the victim is incapable of giving consent. Sexual assault is a form of gender-based harassment that is prohibited by University Policy; Title IX of the Educational Amendments of1972; Title VII of the Civil Rights Acts of 1964 and 1990; and New York State and New York City Human Rights Laws. The New York State Penal Code categorizes sex offenses in Sections 130.00 to 130.70. Such offenses include rape, sodomy, sexual abuse and aggravated sexual abuse, and sexual misconduct. These criminal offenses can carry prison sentences ranging from a few months for a misdemeanor to twenty-five years for a felony. Sexual assault and sexual harassment can occur between persons of the same or opposite gender and can include, but are not limited to, rape, stalking, unwanted touching, other unwanted verbal or physical conduct, and adverse conduct based on a person’s sexual orientation.

II. Bias-Related Incident or Crime Defined: Bias-related conduct, also referred to as “harassment,” or “discrimination”, includes any adverse conduct based upon race, gender and/or gender identity or expression, color, religion, age, national origin, ethnicity, disability, veteran or military status, sexual orientation, marital status, citizenship status, or any other legally protected status. Bias-related acts are prohibited by University policy; Title VI and Title VII of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972; the Americans with Disabilities Act of 1990; Section 504 of the Rehabilitation Act of 1973; and New York State and New York City Human Rights Laws. A bias-related crime occurs under the New York State Hate Crimes Act of 2000 (New York State Penal Code § 485.05) when a person commits a specified criminal offense in whole or in substantial part because of a belief or perception regarding the victim’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, gender identity, or sexual orientation, regardless of whether the perception is correct.

III. Reporting Sexual Assault or a Bias-Related Incident or Crime: Victims of, or witnesses to, a sexual assault or bias-related act are urged to report the incident immediately to the appropriate University or local authorities.

New York: If you are the victim of a sexual assault or bias-related incident or if you have witnessed such an assault or incident, you should report the incident to the NYU Department of Public Safety (212-998-2222). The Department of Public Safety can be reached 24 hours a day, 7 days a week. Reports also may filed with the Executive Director of the Office of Equal Opportunity and Title IX Coordinator (212-998-2352), a Residence Life and Housing staff member (212-998-4600), the Office of the Dean of Students in a School, the Office of Community Standards (212-998-4403), the Student Health Center (212-443-1000) and/or the Wellness Exchange (212-443-9999).

Study Away Sites: Students at a study away site should report an incident to:

NYU Abu – Dhabi: Dr. Birgit Pols - Director of Health and Wellness Center; birgit.pols@nyu.edu;
T: +1-212-443-1140
NYU Accra: Christa E Sanders – Assoc. Director; ces9@nyu.edu ; T: 233-302-761528 or Marian Ansa-Out, Student Life Coordinator; Mao9@nyu.edu; T: 233-302-761528
NYU Berlin: Gabriella Etmektsoglou – Director; gabriella.etmektsoglou@nyu.edu; T: 49-30-290-291-006 or
Linn Friedrichs - Student Life Coordinator; linn.friedrichs@nyu.edu; T: 49-30-290-291-002
NYU Buenos Aires: Alejandra Lombardo – Ass’t Director for Student Life; Alejandra.lombardo@nyu.edu;
T: 54-11-4828-5205
NYU Florence: Mary L. Barbera – Ass’t Director for the Office of Student Life; mary.barbera@nyu.edu;
T: 39-055-5007-450
NYU London: Donna Drummond-Smart, Wellness Coordinator; dds4@nyu.edu; T: +447875640415
NYU Madrid: Caridad Dawson - Wellness Coordinator; Cd1024@nyu.edu; T: 34-91-590-2922
NYU Paris: Dr. Cynthia Mitchell - Wellness Coordinator and Campus Counselor; Cynthia.mitchell@nyu.edu; T: 33-1-5392-50
NYU Prague: Martina Faltova - Student Life Coordinator; martina@nyu.edu;  T: 420-224-226-658
NYU Shanghai: David Pe - Associate Dean for Student Life; davidpe@nyu.edu
NYU Sydney: Anna Antoniak – Assoc. Director; anna.antoniak@nyu.edu
T:61-8016-8227                                                                                                  NYU Tel Aviv: Inbal Cavari - Assistant Director; iucavari@nyu.edu; T:                  972-77-450-265                                                                                            NYU Washington, DC: Michael Ulrich – Director; michael.ulrich@nyu.edu; T: 202-321-7782

Referral to Police: In addition to on-campus reports, a victim of sexual misconduct or bias has the option to report the incident to the appropriate local authorities and the University will assist victims in doing so. (In New York: contact the Victims Services Liaison in the Department of Public Safety at 212-998-2222). At a Study Away Site: contact the office of the Site Director). A criminal investigation into an allegation of misconduct does not relieve, or substitute for, the University’s duty and authority to conduct its own prompt review of a complaint; the University will not wait for the conclusion of a criminal investigation or proceeding to begin its own concurrent investigation and resolution of an alleged violation. In addition to a criminal complaint, a victim also can seek redress through the University disciplinary process. A finding of “not guilty” in a criminal matter does not necessarily preclude a finding of responsibility for violating the University’s policy in a campus proceeding.

IV. Investigation and Resolution:

1. Step One: Investigation. An investigator will conduct a prompt, thorough and impartial initial investigation of the complaint. Preliminary administrative actions (e.g. interim suspension, restricted access to campus facilities, reassignment in University housing, or academic modifications) to preserve the safety and well-being of those involved and/or the campus community may be taken.

2. Step Two: Informal Resolution: If appropriate, a matter may be resolved through non-disciplinary interventions (e.g., educational, counseling, changes in housing and/or academic accommodations, administrative actions). A complainant has the right, however, to end the informal process at any time and begin a formal student conduct proceeding. (Mediation, even on a voluntary basis, is not an appropriate means of resolving a sexual assault matter.)

3. Step Three: Formal Student Conduct Action: Should informal resolution be inappropriate or unattainable, the matter will be referred to the appropriate student conduct process. At NYU, there is no single office that handles all disciplinary cases. An alleged policy violation may be addressed through one of the following jurisdictions:

• If the matter involves students from a single School or College and occurred in the context of an academic activity, disciplinary action is carried out by the faculty and administrators of that School or College.
• If the matter involves students from more than one School or College or occurred in the context of a non-academic activity, disciplinary action is carried out through the Office of the Vice President for Student Affairs.
• Student Conduct at Study Away Sites is managed through the office of the site Director.

Information about the related policies and the procedures associated with the student conduct process is available at: http://www.nyu.edu/life/student-life/student-communitystandards/the-judicial-process.html

V. Counseling, Medical and Other Support Services:

Each of the following services offers health related, psychological, educational, and/or other support services.

• Wellness Exchange - 726 Broadway, 4th Floor; (212) 443-9999.
• University Counseling and Behavioral Health Services at the Student Health Center - 726 Broadway, 4th
• Floor; (212) 998-4780
• Student Health Center – 3rd and 4th Floors; 726 Broadway, (212) 443-1000
• Study Away Sites - New York University students studying at a Study Away site can access services offered by the Wellness Exchange, Student Health Center and Counseling and Behavioral Health Service via phone or email or by contacting the offices/administrators listed above.

 



Notes
  1. Dates of official enactment and amendments:
  2. History: blank
  3. Cross References: blank

About This Policy

Effective Date: August 15, 2013
Supersedes: August 2012 Notice
Issuing Authority: Office of the Vice President for Student Affairs
Responsible Officer: Director of Community Standards and Compliance
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