Enough Is Enough

How to File a Report

This form allows you to anonymously report an incident with the option of making your identity known should you choose to formally report an incident. When you formally report an incident, you will be contacted by the Title IX Coordinator within 72 hours. Though you may disclose your identity for reporting purposes, that information will be kept private. If you decide to report to law enforcement or engage in the college’s internal investigation process, your identity will not be kept confidential.

How would you like to report?

Privately (making a formal report with your identity known)       Anonymously

At times, students may choose to seek the counsel of their advisor, instructor, or department chair. Either of these college personnel may report the incident anonymously or confidentially to the Title IX Coordinator. The Title IX Coordinator will maintain the student’s privacy unless the case will be adjudicated through the college’s internal investigation process or external law enforcement.

Remember you have the option to make an anonymous report, meaning we will not collect any identifying information from you. You will not be contacted and will remain anonymous.

This is not a system to use for emergencies. In case of an emergency please call 911.

Bank Street is committed to ensuring a safe learning environment for all students that is free of acts of sexual assault, sexual violence, harassment, and other forms of sexual misconduct, in accordance with the requirements of New York State Article 129B (Enough is Enough). All students are afforded certain rights in relation to issues of sexual misconduct. The Student Bill of Rights outlines your rights:

All students have the right to:

  • Make a report to local law enforcement and/or state police.
  • Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.
  • 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 from Bank Street College.
  • Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
  • Be treated with dignity and receive from the institution courteous, fair, and respectful health care and counseling services, where available.
  • 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.
  • Describe the incident to as few Bank Street College representatives as practicable and not be required to unnecessarily repeat a description of the incident.
  • Be free from retaliation by Bank Street College, the accused and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of the institution.
  • Access to at least one level of appeal of a determination.
  • 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.
  • Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

Reporting Misconduct Internally

All members of the College community, including students, staff, faculty, vendors, and visitors who experience, witness, or hear about gender-based misconduct, including sexual harassment and sexual assault, are encouraged to immediately contact the College’s Title IX Coordinator, Valentine Burr, in person at 610 West 112th Street, Room 603, by phone at 212-875-4791, or by email at vburr@bankstreet.edu. In an emergency please call 9-1-1 or Public Safety at 3-1-1. There is no time limit on how long after an incident you can make a report of misconduct.  However, the College’s ability to respond to a report may be hindered by the length of time between the alleged misconduct and the report itself.

Once the College is informed of alleged misconduct, the Title IX Coordinator or his/her designee will notify the complainant and the respondent of their rights. See Students’ Bill of Rights.[1] The Title IX Coordinator will help the parties navigate the formal complaint process, access appropriate medical, emotional, or academic services, discuss possible interim arrangements during the investigation and resolution phases, and answer your questions along the way. The College will endeavor to promptly, thoroughly, and impartially investigate, and resolve all complaints. The College reserves the right to determine that there is a more appropriate College process for handling a matter and will advise the complaining party of the alternative process.

Reporting individuals have the right to withdraw a complaint or involvement from the institution’s process at any time.  However, because the College has an obligation to address allegations of which it is aware the College may need to investigate an incident and take action whether or not the reporting individuals wishes to pursue a complaint.  A reporting individual’s lack of participation may limit the available remedies. The College will attempt to resolve complaints within sixty days of receiving a report; however, that time frame may be adjusted depending on the allegations, parties involved, and time of year.

Reporting Misconduct to Law Enforcement

If you have been the victim or target of a sexual assault or other type of sexual misconduct, you may also contact the NYPD in addition to the College. The local NYPD precinct is the 26th Precinct and is located at 520 West 126th Street, New York, NY 10027 and can be reached at 212-678-1311. You do not have to file a report with the police, but if you would like to do so, someone from the College can accompany you to the local police precinct to support you through the process.

The College can also provide you with information about the process of obtaining a judicial order of protection. In certain circumstances, depending on the type of conduct alleged and the parties involved, the College may be independently obligated to contact the police. The College will continue its own investigation into the alleged conduct, regardless of whether or not the police decide to pursue their own investigation. The College will cooperate with all police investigations and will honor and enforce any judicial no-contact, restraining, or protective orders the parties may obtain outside the College process.

[1] Many of the items outlined in the Students’ Bill of Rights will be applicable to any complainant of sexual misconduct or any respondent even if not a student.

  • Advisors

    The complainant and respondent have the right to be accompanied by an advisor of choice throughout the judicial process. The advisor is expected to be a silent and non-participating observer. The advisor may communicate only with the advisee during proceedings in a non-disruptive manner. The College’s investigator and hearing officer have the right at all times to determine what constitutes appropriate behavior on the part of an advisor and whether the person may remain at the proceedings. The Title IX Coordinator and the hearing officer must be notified at least 24 hours in advance if either party will be accompanied by an advisor.

  • Investigation

    The complainant and respondent will have an equal opportunity to participate in the investigation and subsequent hearing with advisors of their choice, provide statements, submit additional information, and/or identify witnesses who may have relevant information. The respondent will be notified that an investigation is underway, including the date, time, location and factual allegations regarding the complaint, and will be afforded the opportunity to independently meet with the Title IX Coordinator or her designee to review this procedure and to have his/her rights explained. The Title IX Coordinator or designee will counsel both parties on the available academic, human resources, and other emotional supports available. The College will notify the parties in writing of any meeting that they are required or eligible to attend.

    During an investigation, the Title IX Coordinator or an appropriate designee may ask for written statements and other documents or evidence that may aid in the investigation. Therefore, it is important to preserve all evidence associated with the conduct or that you think might help others understand what happened. Such evidence can include text messages, Facebook or Instagram posts, photos, voicemails, emails, or items of clothing.

  • Interim Measures

    During the investigation process, interim measures will be discussed with the parties and implemented as may be appropriate. Possible interim measures available to students, faculty, staff or other individuals participating in this process may include a change in class schedule, housing arrangements, academic and/or emotional support, and/or work arrangements.

    The parties may request that the College issue a “no contact” order, which prohibits the parties from interacting and restricts one or both party’s access to certain areas of campus. “No contact” orders are usually not indefinite and either party may request that the Title IX Coordinator or her designee amend or revoke a “no contact” order. Intentional and/or repeated violations of a College-issued “no contact” order are a violation of this Policy and may result in additional disciplinary charges and disciplinary sanctions.

    In some misconduct cases mediation may be appropriate. However, in cases that involve a potential sexual assault or other forms of sexual violence or intimidation, domestic violence, dating violence, or stalking, mediation is not an appropriate option. Mediation will only be pursued with the consent of both the complainant and the respondent. Either party may stop the mediation process at any time.

    Both parties will be updated throughout the investigation process. At the close of an investigation, the Title IX Coordinator or her designee will prepare an Investigation Report for the hearing officer’s review and use in determining responsibility.  Both parties will be provided access to the Investigation Report prior to its delivery to the hearing officer and be given an opportunity to correct inaccuracies that they believe exist.

  • Adjudication

    Once the full investigation is complete, the matter will generally then proceed to the decision making phase before a hearing officer designated by the College. The hearing officer will decide whether the respondent is responsible, in whole or in part, for the alleged misconduct.  The College will choose the hearing officer based on the parties involved and the nature of the allegations. The College may designate as a hearing officer an appropriate member of the College community or may designate an external adjudicator, as determined by the College.

    The parties will be notified in writing of the date, time, and location of the hearing and the possible sanctions if the hearing officer determines that the respondent is responsible for all or part of the conduct. Both parties are encouraged to attend the hearing. Should either party decide not to attend the hearing, it will continue in his or her absence. Arrangements can be made for a party to appear at the hearing by video or audio conference.

    In some circumstances, and in consultation with the parties, the College may work to achieve a mutually satisfactory resolution of the complaint without a formal hearing process. Any informal resolution would require the written agreement of the parties.  The College may also, upon the conclusion of an investigation, determine that there is insufficient evidence to move forward with an adjudication process.  If the College makes such a decision, the complainant may request reconsideration by the College.

  • Witnesses

    At the hearing, both parties will have the opportunity to present witnesses and testimony.

    If either party desires to present witnesses, that party must submit a list of potential witnesses to the Title IX Coordinator at least 48 hours prior to the hearing. The relevance of the witnesses to the event(s) under investigation will be determined by the hearing officer. Individuals whose identity and knowledge of the events were ascertained as part of the investigation may also be called, at the discretion of the hearing officer. Any written statement or other information provided by a witness will be available for review by both parties at the hearing. The hearing officer may ask questions of a witness during the proceeding, if the witness is present. The parties may not question witnesses directly unless all parties agree otherwise. If a party would like to pose a question to a witness the party may submit the question to the hearing officer to ask of the witness.  Advisors may not question witnesses.

  • Impact Statements

    After the hearing, but before the hearing officer delivers his/her written determination of responsibility and recommended sanction, if any, the parties will have the opportunity to submit an impact statement for the hearing officer’s consideration with regard to sanction.

  • Determination

    The hearing officer will make a determination whether there has been a violation of College policy based on the preponderance of the evidence, which means he or she will determine whether it is more likely than not that the alleged conduct occurred. The burden of proof will not be solely on any one party. The hearing officer will make a recommendation to the College about an appropriate sanction.

    The College will simultaneously notify the complainant and the respondent of the hearing officer’s determination, including a brief summary of the facts and rationale. The College will also simultaneously notify the parties of the final decision regarding sanction(s), if applicable.[2]

    [2] In the case of an employee respondent found to have violated this policy, the College reserves the right to withhold certain information on sanctions if the sanctions do not directly impact the complainant.

  • Sanctions

    Possible sanctions include exclusion from certain College buildings, classes, residence halls, and events; suspension, expulsions, and/or discharge from employment or enrollment.  Individuals doing business at the College or third party vendors found to be in violation of this Policy may be banned from the College and the College will notify their respective employers of all charges and disciplinary outcomes.  Visitors may be banned from the College.  The College may impose other conditions, such as counseling, assessment or participation in training.

    Findings and recommendations for sanction concerning faculty and staff will be further subject to the provisions of any appropriate collective bargaining agreement or the faculty handbook/policy.

  • Transcript Notations

    Students suspended or expelled for committing an act of sexual assault, domestic violence, dating violence, stalking or a “violent crime,” as defined by the Clery Act, will have a notation placed on their transcript as follows: “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” A transcript notation will not be removed prior to one year after conclusion of the suspension. Expulsion notations will not be removed in any case. If a finding of responsibility is vacated for any reason, a corresponding transcript notation will be removed.

    If a student who has been charged with a violation withdraws from the College while charges are pending and declines to complete the disciplinary process the following notation will be placed on his/her transcript: “withdrew with conduct charges pending.”

  • Appeal

    Both the complainant and the respondent have the right to appeal the outcome of the hearing officer’s determination of responsibility and/or sanction. An appeal may be made in only certain limited circumstances, as follows: (1) a party believes a procedural error substantially impacted the original finding or sanction; (2) a party has substantial new evidence that was not available during the investigation or hearing and which would substantially impact the original finding or sanction; or (3) a party feels that the sanction is substantially outside the scope or guidelines set by College policy.

    Requests for an appeal must be made in writing, include the grounds for appeal, and be received by the Title IX Coordinator within 5 business days of receipt of notification of the hearing officer’s decision.

    Appeals of the hearing officer’s decision will be heard by an Appeal Panel. The Appeal Panel may affirm, modify or overrule the determination and/or the sanction in whole or in part, and may refer the matter back to the investigator or hearing officer for further action. All appellate decisions are final.[3] Both parties will be informed of the outcome of any appeal.

    [3] Nothing in the within section on “Appeal” shall interfere with or take the place of any grievance rights under any collective bargaining agreement or College policy.