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  • Harassment, Discrimination, and Title IX

    Harassment, Discrimination, and Title IX Policy

    We invite you to read our Harassment, Discrimination, and Title IX policy, effective August 14, 2020. 

    What is Title IX?

    Title IX of the Education Amendments of 1972 states that no individual “shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” Title IX also prohibits retaliation against individuals who report sex-based or gender-based discrimination. The New School is committed to complying with Title IX by providing a safe learning and working environment for all students and employees regardless of sex or gender-identity. The New School has adopted policies and procedures to prevent and respond to sex- or gender-based discrimination in the form of sexual harassment, sexual assault, or other types of sexual misconduct. These policies and procedures apply to all members of the university community, including students, staff, and faculty. The New School has a designated Title IX Coordinator to ensure The New School’s compliance with and response to inquiries concerning Title IX and to provide resources for reporting parties and community members who have experienced sex- or gender-based discrimination. A person can also file a complaint with the Department of Education's Office for Civil Rights regarding an alleged violation of Title IX by visiting the U.S. Department of Education website or calling 1.800.421.3481.

  • For issues, questions, or concerns about Title IX, contact:

    Cassita Charles-Bowie, Title IX Investigator
    79 Fifth Avenue, 5th floor
    New York, NY 10011

    Phone: 646.909.4088 
    Email: titleixcoordinator@newschool.edu, charlesc@newschool.edu

    For issues, questions, or concerns about Title IX in cases where an employee is involved in the alleged violation, contact:

    Rhonnie Jaus, Vice President for Equal Employment Opportunity, Affirmative Action, and Compliance
    80 Fifth Avenue, 8th floor
    New York, NY 10011

    Phone: 212.229.5671 x2610
    Email: jausr@newschool.edu

  • How to Report

    If you experience or witness sex-based discrimination or sexual assault and wish to file a report, you can do so through one of the following means.

  • Reporting Steps

    1. Submit an Anonymous Sexual Assault Incident Report through our online system.
    2. Email the Title IX Investigator
      The Title IX Investigator is the person designated by the university to monitor and ensure compliance by the university with Title IX.
    3. Speak with a university Confidential Employee
      A Confidential Employee is (1) Any university employee who is a licensed medical, clinical, or mental-health professional (e.g., physicians, nurses, physicians' assistants, psychologists, psychiatrists, professional counselors and social workers, and those performing services under their supervision), when acting in his or her professional role in the provision of services to a patient who is a university student ("health care providers"), and (2) any university employee providing administrative, operational, and/or related support for such healthcare providers in their performance of such services. A Confidential Employee will not report information to the university's Title IX Investigator (or anyone else) without permission from the person who disclosed that information.
    4. Speak with a university Responsible Employee
      A Responsible Employee is required to report to the university's Title IX Investigator all relevant details about an incident — including the names of the parties, any witnesses, and any other relevant details (e.g., the date, time, and specific location of the alleged incident) — that have been disclosed by a student to the Responsible Employee. Responsible Employees fulfill their reporting obligations by reporting such information through this secure online reporting system.
    5. Contact the Vice President for Equal Employment Opportunity, Affirmative Action, Compliance, and Title IX.
      Rhonnie Jaus is the Vice President for Equal Employment Opportunity, Affirmative Action, Compliance, and Title IX and can receive reports of allegations that involve employees of the university. Employees include but are not limited to full-time faculty, part-time faculty, and administrative staff.


    For additional resources

    On-Campus Support Services

    The New School is committed to supporting victims of violent, abusive, or intimidating behavior by providing the following support services.

    Student Health Services

    80 Fifth Avenue, 3rd floor 
    New York, NY 10011
    212.229.1671
    SHS@newschool.edu

    Student Support and Advocacy

    72 Fifth Avenue, 4th floor 
    212.229.5900 x3189 or x3710 
    Studentsupport@newschool.edu

    Student Conduct and Community Standards

    72 Fifth Avenue, 4th floor 
    212.229.5349
    studentconduct@newschool.edu

    Campus Security

    55 West 13th Street, mezzanine level 
    212.229.7001 (24 hours) 
    ilicitot@newschool.edu

    Local Support Services

    In addition to on-campus support services, the following local support services are available

    New York City Domestic Violence Hotline

    dial 311 
    24 hours per day, 7 days per week

    New York State Domestic Violence Hotline

    1.800.942.6906 
    24 hours per day, 7 days per week 

    New York City Gay and Lesbian Anti-Violence Project

    212.714.1141 
    24 hours per day, 7 days per week

    Safe Horizons

    • 866.689.HELP (4357) Crime Victims' Hotline
    • 800.621.HOPE (4673) Domestic Violence Hotline
    • 212.227.3000 Sexual Assault Hotline 
    • safehorizon.org  
    • St. Luke’s Roosevelt Crime Victims Treatment Center 
    • cvtc-slr.org

  • Information for Reporting Parties

    Definitions

  • What Is Sexual Misconduct? (Non-Title IX)

    The New School's Harassment, Discrimination, and Title IX Policy defines sexual misconduct as nonconsensual sexual intercourse (defined as sexual assault), sexual contact, or sexual exploitation. If you are forced, coerced, or intimidated to submit to any kind of sex act, including unwanted touching of your or another person’s intimate body parts, it is sexual assault. If you are asleep, unconscious, or incapacitated by drugs or alcohol, you are considered unable to consent to sexual activity. If someone commits any sex act upon you when you are unable to consent, it is also sexual assault. These behaviors are a serious violation of The New School's policy and are against the law in New York State. 

    What Is Consent?

    Consent involves explicit communications and mutual approval for the act in which the parties are/were involved. A sexual encounter is considered consensual when individuals willingly and knowingly engage in sexual activity. Consent can be revoked at any time for any reason. Consent is active, not passive, and is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent must be given for every act and for every time that the act occurs, regardless of a previous history of consensual sexual activity between the parties or other past behaviors with other individual(s). Consent may be initially given but may be withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop. In order to give effective consent in New York State, one must be of legal age (17 years old). 

    Consent cannot be procured by use of pressure, manipulation, compelling threats, intimidating behavior, substances, and/or force. Consent cannot be given when a person is incapacitated, i.e., when the individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, by being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to give consent. 

     

     

    What Is Title IX Sexual Harassment?

    The University adopts the following definition of Sexual Harassment from §106.30(a)(1)(2)(3) of the Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Financial Assistance Final Rule:


    Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

     

    1. An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct
    2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
    3. (2015) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

    Sexual Assault: An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBl's Crime Reporting system. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

     

    Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

     

    Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

    Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

    Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.


    Dating violence (34 U.S.C. 12291(a)(10)): The term “dating violence” means violence committed by a person:

    • (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
    • (B) where the existence of such a relationship shall be determined based on a consideration of the following factors:
      • (i)The length of the relationship.
      • (ii)The type of relationship.
      • (iii)The frequency of interaction between the persons involved in the
        relationship.

    Dating violence includes, but is not limited to, sexual or physical abuse or the threat of
    such abuse.


    The term “domestic violence” (34 U.S.C. 12291(a)(8)) includes felony or misdemeanor
    crimes of violence committed:

    • by a current or former spouse or intimate partner of the victim,
    • by a person with whom the victim shares a child in common,
    • by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
    • by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or
    • by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

    Stalking: The term “stalking” (34 U.S.C. 12291(a)(30)) means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

    • (A) fear for his or her safety or the safety of others; or
    • (B) suffer substantial emotional distress.

     

    What Is Dating and Domestic Violence? (Non-Title IX)

    Dating violence is violence committed by a person who is or has been in a social, romantic, or intimate relationship with the victim. Domestic violence is violence committed by a current or former spouse, an intimate partner, a person who shares a child with the victim, or a person who is cohabitating with or has cohabitated with the victim.

    Dating and domestic violence includes but is not limited to

    • Threats
    • Physical abuse
    • Psychological abuse
    • Sexual abuse
    • Forced isolation from family and friends
    • Withholding of finances
    • Preventing access to resources

    Please refer to The New School's Harassment, Discrimination, and Title IX Policy for more information. 

     

    What Is Stalking? (Non-Title IX)

    Stalking is a course of unwanted conduct which causes the targeted person to fear for their personal safety and sometimes for the safety of those close to them. Stalking has a negative impact on the victim’s sense of security and emotional health. 

    Stalking behavior includes but is not necessarily limited to

    • Persistent, unwanted contact such as unwanted texts, emails, or phone calls
    • Showing up unwanted at a person’s home, school, or job
    • Sending unwanted gifts, cards, or letters
    • Unwanted posting or presence on social networking sites
    • Unwanted contact with victim’s friends, family, classmates, or co-workers

    Please refer to The New School's Harassment, Discrimination, and Title IX Policy for more information. 

     

  • The Importance of Medical Care

    You have the option of going to a hospital emergency room for medical care. This is especially important if it is within 96 hours of the assault. To preserve the evidence, it is best not to shower, wash, douche, eat, or drink fluids, if possible. Carry evidence in a clean paper bag. If it is more than 96 hours after the assault, it is still recommended that you receive medical care, but you will not have available all the options discussed below. You have the right to refuse any or all parts of the treatment/evidence collection. 

    Medical care following a sexual assault includes

    • a physical exam to check any internal or external injuries
    • evidence collection (if presenting within 96 hours of the assault)
    • preventive treatment for sexually transmitted infections
    • preventive treatment for HIV (as soon as possible and up to 36 hours)
    • emergency contraception (as soon as possible and up to 120 hours)
    • medical follow-up referrals and information
  • About Reporting

    Going to a hospital emergency room does not mean you have to report the crime to the police. You can go to the emergency room and get medical attention/evidence collection and then take some time to think about whether you want to report the crime to the police. The hospital emergency room is required to store the evidence for 30 days. If you do not want medical care from a hospital emergency room, it is still encouraged you seek medical attention. You can see your private medical provider or visit Medical Services, where you may feel more comfortable. Just note that you will not have available all the options stated above, especially evidence collection. Federal law requires forensic exams (evidence collection) be conducted for free regardless of your decision to report the incident to the police or not. 

    It is recommended that you go for medical care at one of the hospitals listed below. These hospitals have rape crisis programs and have trained advocates available 24 hours. The advocates will provide emotional support and information and help with the police reporting process.

    Mount Sinai Beth Israel Hospital Emergency Department

    16th Street at 1st Avenue 
    212.420.2000

    OR 

    Mount Sinai Roosevelt Hospital Emergency Department

    Tenth Avenue at 59th Street 
    212.523.4000

    Learn more about the evidence collection procedures.

    Emotions and Concerns

    As a survivor of sexual violence, you may experience a wide range of emotions. The decision to report the assault and/or seek help is a personal and complex one. It is recommended that you seek support as soon as you are ready. Reactions can vary and may include shock, denial, anxiety, guilt, anger, and self-blame, as well as nightmares, changes in sleeping and eating patterns, flashbacks, and depression. You may want to seek professional, confidential assistance either on campus, at Counseling Services (80 Fifth Avenue, 3rd floor), or off campus, at a local rape crisis center

    Legal Options

    Reporting to the Police

    In addition to your right to report incidents of sexual assault to the university, you have the right to pursue criminal prosecution and/or civil litigation. Prompt reporting and a comprehensive medical examination completed at a hospital emergency department within 96 hours of the assault will aid the legal process. You can go to the precinct corresponding to the area where the crime occurred or call the New York Police Department Special Victims Report Line at 646.610.7272. The hotline provides the option of getting some information without having to disclose your name. With that information you can then decide whether to go forward with the reporting process.

    Please note: You should never be pressured to file a report. It is your decision to report unless there is an injury by a deadly weapon, when medical staff only are mandated to report the crime to the police. In addition, reporting sexual violence to the police does not obligate you to file criminal charges or pursue other legal action. In the case of sexual violence, however, Student Support and Advocacy is available to provide support throughout this process as needed.

    Confidential Disclosure on Campus Regarding Sexual Violence

    Students who want to talk with a staff person about an incident of sexual violence and maintain strict confidentiality can speak with a confidential staff person at Student Health Services on campus.

    However, a Responsible Employee is required to report to the university’s Title IX Investigator all relevant details about an incident — including the names of the parties, any witnesses, and any other relevant details (e.g., the date, time, and specific location of the alleged incident) — that have been disclosed by a student to the Responsible Employee. Responsible Employees fulfill their reporting obligations by reporting such information through the secure online reporting system. Responsible Employees are all university employees who do not serve as medical or counseling professionals.

    Where to Report

    Reporting Sexual Misconduct on Campus

    If you have experienced any form of sexual misconduct, you are encouraged to report it by email, phone, or in person to any of the following university offices: 

    Title IX Investigator

    Cassita Charles-Bowie

    79 Fifth Avenue, 5th floor 
    646.909.4088
    Titleixcoordinator@newschool.edu

    charlesc@newschool.edu

     

    Campus Security

    Tom Iliceto, Director

    68 Fifth Avenue, mezzanine level 
    212.229.7001 (24 hours)

    ilicetot@newschool.edu

    Student Support and Advocacy

    72 Fifth Avenue, 4th floor 
    212.229.5900 x3189
    studentsupport@newschool.edu

    Once a report is filed, the university official receiving the report or another appropriate official will provide the following information to you:

    • Clear explanation of the university investigative and hearing procedures
    • Where to access medical care
    • Information about legal options
    • Where to access support services on and off campus

    Other Resources

    The New School Resources

    Campus Security: 212.229.7001 (24 hours)
    Student Health Services: 212.229.1671
    Student Support and Crisis Management: 212.229.5900 x3189
    Student Rights and Responsibilities: 212.229.5900 x3656

    Hotlines – 24 Hours

    Safe Horizon Emergency Hotline: 800.621.4673
    RAINN Online Hotline: ohl.rainn.org/online
    NYC LGBTQ Anti-Violence Project (AVP): 212.714.1141
    Suicide Prevention (LifeNet): 800.543.3638
    New York Asian Women’s Center: 888.888.7702

    Advocacy and Counseling Services for Sexual Assault, Intimate Partner Violence, and Stalking

    St. Luke’s-Roosevelt Crime Victims Treatment Center
    411 West 114th Street
    212.523.4728
    www.cvtc-slr.org

    Mt. Sinai Beth Israel Rape Crisis and Domestic Violence

    Intervention Program
    317 East 17th Street
    212.420.4054

    New York City – 24 Hours

    Police and Emergency Medical Services: Dial 911 
    NYPD Special Victims Liaison Unit Report Line: 212.267.7273 

    LGBTQIAGNC Resources

    NYC LGBTQ Anti-Violence Project (AVP): 212.714.1184
    www.avp.org

    Other

    New York City Alliance Against Sexual Assault: 212.229.0345
    New York State Office of Victim Services: 800.247.8035

  • Additional Resources


    Please review the following links to learn more about related laws, definitions, and training materials.


    Laws and Campaigns

    Definitions

    The New School has adopted affirmative consent under NY Education law 129-B. Affirmative consent to engage in sexual activity is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity given by word or action, as long as those words or actions create clear permission to engage in sexual activity. 

    • Silence or the lack of resistance, in and of itself, does not constitute consent.
    • The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity or gender expression.
    • Consent to any sexual act or prior sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
    • Consent is required regardless of whether the person initiating the act is under the influence of drugs or alcohol. Consent can be initially given, but withdrawn at any time. 
    • 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. 

    Training Materials

    The following Title IX Compliance organizations have provided training materials and
    resources regarding the new federal regulations governing Title IX:




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