Enough Is Enough

Whether reporting an instance of sexual misconduct or accused, all reporting students have the right to:

• Notify Bank Street security, local law enforcement, and/or city/state police;
• Have emergency access to a Title IX Coordinator, or other appropriate official, trained in interviewing victims of sexual assault, who shall be available upon the first instance of disclosure to provide certain information;
• Disclose the incident confidentially to a Bank Street representative who can offer confidentiality and can assist in obtaining services;
• Disclose the incident confidentially and obtain services from state or local government;
• Disclose the incident to a Bank Street representative who can offer privacy or confidentiality and can assist in obtaining resources;
• File a report of sexual misconduct and the right to consult the Title IX Coordinator and other appropriate institution representatives for information and assistance;
• Disclose the incident to Bank Street’s Human Resources (HR) office or request that a confidential or private employee assist in reporting to HR where the accused is an employee;
• Receive assistance from appropriate Bank Street representatives in initiating legal proceedings in family court or civil court;
• Have access to information related to confidential disclosure,
• Have the right to report that there is a conflict of interest in the resolution process,
• Per the Clery Act the student has the right to that the notification is removed from their transcript after 12 months, and
• Withdraw a complaint or involvement from Bank Street’s process at any time.

All involved students will be provided the following information:

• Privileged and confidential resources, as well as information about counselors and advocates
• A plain language explanation of confidentiality and how the request will be weighed
• Options as to how to proceed
• Importance of preserving evidence and resources for where they can access a Sexual Assault Forensic Examiner (SAFE) or sexual assault nurse examiner-adult/adolescent (SANE-A).
• Determination by law enforcement if incident violated criminal law
• Whether office is authorized to offer confidentiality or privacy
• Resources that provide confidentiality versus privacy
• If the accused is an employee, the right to disclose the incident to human resources or to have a confidential or private employee assist in reporting to human resources
• Right to receive assistance from Bank Street in initiating proceedings in family or civil court
• Right to withdraw the complaint or involvement from institutional process at any time
• Information pertaining to public advocacy and awareness events
• Existing and available methods to anonymously disclose
• Institutional crime reporting obligations
• Mental health counseling and medical services (noting whether such resources are available at no cost or for a fee)
• Information regarding sexually transmitted infections and sexual assault forensic examinations (see above)
• Resources available through NYS Office of Victim Services

Confidentiality
Confidentiality varies, and this document is aimed at helping all students understand how it applies to different resources

• Individuals providing confidential resources will not report crimes to law enforcement or college officials without your permission, except for extreme circumstances such as health and /or safety emergency. Note that even individuals who can typically maintain confidentiality are subject to exceptions under the law, including when an individual is a threat to him or herself or others.

Privacy

• College offices and employees who cannot guarantee confidentiality will maintain privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary to the Title IX Coordinator to investigate and/or seek resolution.
• The information you provide to a non-confidential resource will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systematic issues.

If it is determined that an investigation is necessary, all involved students will be informed and then immediate action necessary to protect and assist all students will be taken.

Rules Governing the Participation of Advisors

• The respondent, accused and reporting individual have the right to an advisor of choice to assist and advise him/her/they throughout the conduct process, including at meetings and hearings.

Amnesty

• The health and safety of every student at Bank Street is of utmost importance. Bank Street recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs maybe hesitant to report such incidents due to fear of potential consequences for their own conduct. Bank Street strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to Bank Street officials or law enforcement will not be subject to Bank Street’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault.

Case Materials and Appeals

• Access to evidence in case file
• Right to at least one level of appeal
• Right to make an impact statement at the sanction phase

Following the reporting of sexual misconduct, the College may decide to conduct an investigation. Prior to doing so the College will seek consent from the reporting student, and they may decline. The college will honor the students request unless it is deemed that investigation is necessary to mitigate potential risk to the reporting student or harm to another member of the Bank Street community. Honoring such a request may limit the institution’s ability to meaningfully investigate and pursue conduct action against an accused individual. A number factors inform whether the college honor such a request. They include, but are not limited to:

1. Whether the accused has a history of violent behavior or is a repeat offender;
2. Whether the incident represents escalation in unlawful conduct on behalf of the accused from previously noted behavior;
3. The increased risk that the accused will commit additional acts of violence;
4. Whether the accused used a weapon or force;
5. Whether the reporting individual is a minor; and
6. Whether the institution possesses other means to obtain evidence such as security footage, and whether available information reveals a pattern of perpetration at a given location or by a particular group.

In the event of a judicial/conduct proceeding all involved students are afforded the following:

• Right to request that a student conduct charge be filed
• In the course of an investigation, a student may be deemed a threat to the health and safety of the college community and may be subject to an interim suspension from campus pending the outcome of a judicial or conduct process. In the event of a suspension, they have the right to:
  • a prompt review which is reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification,
  • submit evidence in support of the review.
• Right to a process, in sexual misconduct cases, that includes at a minimum:
  • Notice describing the date, time, location and factual allegations, a reference to the specific code of conduct provisions alleged to have been violated and possible sanctions;
  • An opportunity to offer evidence during an investigation and to present evidence and testimony at a hearing and have access to a full and fair record of any such hearing;
  • Access to at least one level of appeal.

Throughout the proceeding all involved students have the right:

• To be accompanied by an advisor of choice
• To a prompt response to a complaint
• To have the complaint investigated
• To have the complaint adjudicated by an individual who has received training in conducting investigations of sexual misconduct
• To an investigation and process that is fair, impartial and provides a meaningful opportunity to be heard
• To an investigation conducted by individuals without a conflict of interest
• To have Bank Street’s investigation process run concurrently with criminal justice investigation and proceedings
• To review and present available evidence in the case file
• To exclude their own prior sexual history with persons other than the party or their own mental health diagnosis and/or treatment from admittance in Bank Street’s disciplinary stage
• To be provided advance notice of any meeting he/she is required or eligible to attend, of the specific rule, rules or laws alleged to have been violated and in what manner, and the sanctions that may be imposed
• To make an impact statement when the decision-maker is deliberating on appropriate sanctions
• To simultaneous written or electronic notification of the outcome of a judicial or conduct process, including sanctions
  • The hearing or investigatory officer or panel shall provide a written statement detailing the factual findings supporting the determination and the rationale for the sanctions imposed
• To be informed of the sanctions that may be imposed and the rationale for the sanctions actually imposed
• To choose whether to discuss or disclose the actual outcome of the judicial process
• To have all the information obtained during the course of the conduct process be protected from public release until the appeals panel makes a final determination (unless otherwise required by law).

Relating to the rights and requirements of the respondent, the following apply:

• The respondent is afforded a presumption that he/she is not responsible until a finding of responsibility is made.
• When a no contact order has been issued, the respondent must remove him/herself from the situation when the reporting student is present
• The respondent has the right to seek a review of the no contact order

The Clery Act was a measure taken to require all colleges and universities to report crimes of violence, including but not limited to sexual violence. This law requires that institutions must make a notation in a student’s transcript if they have been:

• “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” or
• “Withdrew with conduct charges pending”

There are few policies that guide the reporting and removal of transcript notations. They are:

• Notations cannot be removed prior to one year after the conclusion of the suspension
• Notations for expulsion can never be removed
• If a finding of responsibility is vacated for any reason, the transcript notation will be removed

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 to 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 to be required to unnecessarily repeat a description of the incident.
• Be free from retaliation by the 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.

Bank Street College Title IX Coordinator:
Valentine Burr
enoughisenough@bankstreet.edu
212-875-4791
610 West 112th Street, 6th floor, Graduate Suite

Every college has a Title IX Coordinator who is responsible for compliance with Title IX of the Education Amendments of 1972. This law prohibits sex discrimination, including sexual harassment, gender-based harassment, and sexual violence, in education programs. The Title IX Coordinator has overall responsibility for implementing this policy, including overseeing the investigation of complaints and carrying out other functions of the position set forth in this policy. At Bank Street College, the Title IX Coordinator is supported by the Associate Dean of Academic Affairs and the Chief Human Resources Officer.

Students

Students who experience sexual harassment, gender-based harassment, or sexual violence should bring their complaint to a campus official. See the box below for contact information. 

Processing Complaints

When a Title IX Coordinator receives a complaint of sexual misconduct from a student, the coordinator will identify a trained staff member to assist the reporting individual with support services.

After a report of an alleged incident of sexual harassment, gender-based harassment, or sexual violence has been made to the Title IX Coordinator, a reporting individual may request that the matter be investigated without her/his identity or any details regarding the incident being divulged further. Alternatively, a reporting individual may request that no investigation into a particular incident be conducted or that an incident not be reported to outside law enforcement.

In all such cases, the Title IX Coordinator will weigh the reporting individual’s request. A decision to maintain confidentiality does not mean that confidentiality can be absolutely guaranteed in all circumstances, only that all efforts will be undertaken to keep information confidential, consistent with law. Notwithstanding the decision of the Title IX Coordinator regarding the scope of any investigation, the College will provide the reporting individual with ongoing assistance and support.

If the Title IX Coordinator determines that the College must report the incident to outside law enforcement, the College will cooperate with any criminal investigation, which may include providing the outside law enforcement agency with any evidence in its possession relating to the incident.

Interim and Supportive Measures

The College will take immediate steps to protect the reporting individual and other affected parties as well as the College community at large following an allegation of sexual harassment, gender-based harassment, or sexual violence. In general, when taking such interim and supportive measures, the College will seek to minimize the burden on the reporting individual. The reporting individual and the respondent shall each be afforded, upon request, a prompt review of the need for and terms of any interim or supportive measure that directly affects him or her and shall be permitted to submit evidence in support of his/her request. The request for such a review shall be made to the Associate Dean of Academic Affairs (if either the reporting individual or the respondent is a student) or to College’s Chief Human Resources Officer (if both the complainant and the respondent are employees). If a request is made in a case involving both a student and an employee, the Chief Student Affairs Officer shall consult with the Director of Human Resources.

The reporting individual and the respondent shall each be afforded, upon request, a prompt review of the need for and terms of a “no contact” order (including possible modification or discontinuance of the order) and shall be allowed to submit evidence to support their request. The request for such a review shall be made to the College’s Associate Dean of Academic Affairs (if either the reporting individual or the respondent is a student) or to the College’s Director of Human Resources (if both the complainant and the respondent are employees). If possible, the College shall establish an appropriate schedule for the reporting individual and the respondent to access College facilities when they are not being used by the other party to enable both parties to use College facilities to the maximum extent feasible, without violation of the “no contact” order.

The College Title IX Coordinator is responsible for conducting the investigation in a prompt, thorough, and impartial manner. The Title IX Coordinator shall inform the respondent that an investigation is commencing and shall provide the respondent with a written summary of the allegations of the complaint. The Title IX Coordinator shall coordinate investigative efforts with other College offices and may designate another trained individual to conduct all or part of the investigation. A respondent employee who is covered by a collective bargaining agreement may consult with and have a union representative present at any interview of that employee conducted as part of such investigation.

The College Title IX Coordinator shall take prompt and effective steps reasonably calculated to end any sexual harassment, gender-based harassment, or sexual violence.

The College shall make every reasonable effort to ensure that the investigation and resolution of a complaint are carried out in as timely and efficient manner as possible. However, the College may need to temporarily delay the fact-finding portion of its investigation during the evidence-gathering phase of a law enforcement investigation. Temporary delays may not last more than ten days, except when law enforcement specifically requests and justifies a longer delay. While some complaints may require extensive investigation, whenever possible, the investigation of complaints should be completed within sixty (60) calendar days of the receipt of the complaint. If there is a delay in completing the investigation, the Title IX Coordinator shall notify the complainant and the respondent in writing.