Sex/Gender Based Harassment, Discrimination and Sexual Misconduct Policy

I. Introduction

Molloy is committed to a learning, working and living environment where all members of the community feel safe and respected. Acts of sexual harassment are serious violations of our policies and our values. This policy aims to ensure that all members of the Molloy community can study and work together without being subjected to sexually inappropriate behavior.

The purpose of this policy is twofold: first, to establish clear procedures for the handling of sexual misconduct and sexual harassment allegations, and second, to educate the College community with respect to the limits of acceptable conduct. By educating students about Molloy's expectations, this policy aims to prevent sexual misconduct and sexual harassment from occurring.

An underlying premise of this distinction between acceptable and unacceptable conduct is the notion of mutual respect and clear consent. It is important to realize that the use of alcohol or drugs can blur the distinction between consent and coercion. However, being under the influence of alcohol or drugs is not a defense to an allegation of sexual misconduct or sexual harassment.

Any community member who believes that he or she has been the victim of sexual misconduct or has experienced sexual harassment is encouraged to report it immediately. The College has designated the following individuals to receive complaints of sexual harassment and sexual misconduct:

  • The College Title IX Coordinator, Lisa Miller 323.3046
  • Deputy Title IX Coordinators: Brendan Caputo 323.4021, Michael Grasso, 323.3602,Janine McElroy, 323.3458, Marion Flomenhaft, 323.3023

This policy explains Molloy's approach to investigating, adjudicating and disciplining acts of sexual misconduct and sexual harassment. Many acts of sexual misconduct or sexual harassment are also crimes. Molloy strongly encourages the reporting of such incidents to our Public Safety Office by dialing 11. Public Safety will assist a student in reporting an incident to the police if the student so requests. The criminal process is separate and distinct from this policy. The fact that a criminal complaint has been filed, prosecuted or dismissed will not prevent Molloy from pursuing disciplinary action.

The College has appointed several faculty, staff and administrators to serve on the College Harassment Advocacy Panel who are available to consult with any community members regarding the definition of sexual misconduct or sexual harassment as well as the College's procedures and options available for addressing situations of concern. A list of current Harassment Advocacy panel members and contact information can be found on the College website.

II. On-Campus and Off-Campus Behavior

This policy applies to conduct that occurs on any part of Molloy's campus or property. It also applies when students travel off-campus as part of a College activity, team, organization or event. Additionally, Molloy has the discretion to discipline student behavior that occurs off-campus, and/or during a time when the College is not in session. In making these determinations, the Vice President for Student Affairs in conjunction with the Title IX Coordinator considers whether the behavior impacts the campus environment (as would be the case, for example, if one student sexually assaults another student in an off-campus apartment or overseas during a semester abroad, or if a student sends another student lewd and threatening sexual emails while at home during the semester break). In understanding this aspect of Molloy's expectations for student behavior, it may be helpful to think of student status as "portable" and therefore operative even when students are not on Molloy's campus or property.

III. Timeframe for Making a Complaint

While there is no time limit for bringing forward a complaint, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate. Therefore, students are encouraged to make a complaint as soon as possible after the incident has occurred. Although not an ideal situation given the passage of time, a former student may make a complaint against a current student. However, the reverse is not true: the complaint of a current student against a former student is not subject to adjudication pursuant to this policy. Nevertheless, Molloy officials will help the complaining student to report the allegations to the appropriate off-campus authorities.

IV. Prohibited Conduct Covered by These Grievance Procedures

These grievance procedures are used to resolve complaints and allegations of violations of the College's policies relating to the following prohibited activities: all forms of sexual discrimination, limitations of consensual relationships, sexual harassment, rape/sexual abuse, other sexual misconduct, stalking, forcible touching, dating and domestic violence, and intimidation and retaliation for reporting the above listed suspected policy violations. The policy definitions of prohibited activity are listed below.

  • Unlawful Sex and Gender Discrimination is any action that denies a person access to, or the benefits of, any program or activity or employment opportunity, solely on the basis of sex or gender.
  • Limitations on Consensual Relationships: In order to protect the integrity of the academic and work environment, this policy outlines limitations on consensual romantic or sexual relationships between and among faculty, staff and students. When individuals are involved in a consensual romantic or sexual relationship and are in positions of unequal authority or power, there is the potential for a conflict of interest, favoritism, and exploitation of power. Anyone with supervisory authority or evaluative, mentoring authority who controls or influences another person's employment, academic advancement, extracurricular or athletic team participation, scholarship or financial support, grades, recommendations, wage status, or promotion at the College should not be in a romantic or sexual relationship with that person regardless of consent. If anyone is promoted into a position that results in a conflict with this policy limiting consensual relationships, this information must be reported to a supervisor, Vice President, or Director of Human Resources for assistance in resolving the conflict.
  • Sexual Harassment is a form of sex discrimination. It is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
    1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or status in a program, course or activity;
    2. submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting an individual; or
    3. such conduct is sufficiently pervasive, offensive or abusive to have the purpose or reasonable effect of interfering with an individual's work or educational performance, or creating an intimidating, hostile, or offensive work or educational environment.

Types of Sexual Harassment include: Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive and objectively offensive. Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence, intimate partner violence, stalking; gender based bullying. Quid pro quo sexual harassment exists when there are:

  • unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and when
  • the submission to or rejection of such conduct could result in adverse educational or employment action(s).

Retaliatory harassment is any adverse employment or educational action taken against a person because of the person's participation in a complaint or investigation of discrimination or sexual misconduct.

Other examples of sexual harassment include, but are not limited to:

  • physical assault;
  • unwanted sexual advances, requests for sexual favors or propositions of a sexual nature;
  • direct or implied threats that submission to sexual advances is a condition for employment promotion, good grades, recommendations, etc.
  • unwelcome verbal or physical conduct of a sexual nature which an individual regards as undesirable or offensive, including, but not necessarily limited to, sexually explicit jokes, statements and questions or remarks about sexual activity or experience.
  • Rape/sexual abuse is defined as physical sexual acts against another person that include: vaginal, anal, or oral sexual intercourse with another person, touching sexual or intimate parts of another person, or inserting a foreign object, however slight, into any sexual or intimate parts of another person:without consent from the other person; or by coercion or threat.
  • when the other person is incapable of giving consent due to: being physically or mentally helpless for any reason, including incapacity because of the use of alcohol and/or drugs, or is unconscious or sleeping at the time; or
  • when the other person is unable to give consent due to a disability, mental incapacity or age (person under 17 years of age cannot consent to sexual activity with anyone over 18 years of age).

This definition includes, but is not limited to, any form of non-consensual intercourse and or sexual activity, actual or attempted, by person(s) known or unknown to the victim. See New York State Penal Law Section(s) 130.00.

  • Dating and Domestic Violence is a pattern of abusive behavior, usually involving an intimate relationship that is used by one partner to gain or maintain control over another partner and can also be between and among other adults and youths protected by criminal and family laws. Dating and domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound the other partner. Domestic violence may include dating violence based on the type and frequency of interaction of the relationship and how the people describe the relationship. Generally, the College will view domestic relationships as people who are currently or formerly married, domestic partners currently or formerly living together, or people with children in common.

The definition, protocols, and practices of dating vary; however, for the purposes of these grievance procedures dating is defined as people engaged in activities as a form of courtship. Whether there was such a relationship will be gauged by its length, type and frequency of interaction.

  • Forcible Touching is defined as forcibly touching sexual or intimate parts of another person for the purpose of degrading or abusing such persons, or for gratifying the actor's sexual desire.
  • Other Sexual Misconduct occurs when someone takes advantage of another person without the person's consent and is being sexually exploited or there is an attempt to sexually exploit another. Some examples of other sexual misconduct include, but are not limited to:
  • Voyeurism or Peeping which is exceeding the boundaries of consent whether purposefully watching, videotaping or recording another without their consent who is naked, dressing or undressing, and/or engaging in sexual activity.
  • Sexual exhibitionism where a person engages in sexually explicit activity in public spaces on campus or to be viewed by the public while on campus using computer hardware or software.
  • Displaying or distributing nude or sexually explicit images of another person on campus or the Internet without the person's consent.
  • Sexual Coercion is when someone threatens another by stating an intention or threat to expose the other person's sexual orientation, consensual sexual experiences, sexually explicit photographs or videotapes or other images to family, friends, or the public.
  • Writing or marking of graffiti on College property that is sexually graphic in nature.
  • Unwelcome gestures of a sexual nature toward another person.
  • Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy);
  • Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally.
  • Stalking is a pattern of repeated intentional and unwanted attention, harassment, contact, following or any other course of conduct directed at a specific person that makes that person afraid, emotionally stressed, or concerned for his or her safety or property or to their immediate family members or acquaintances. Stalking occurs by frightening, unwanted communication by any means, including, but not limited to, by phone, mail or e-mail, or internet social networks. Threats may be direct or indirect, and conduct may include, but are not limited to the following: any form of writing or leaving messages or objects for another person, damaging property, or threatening family members.

The College prohibits any member of the Molloy community from stalking other members of the community, on College property, at Molloy sponsored events, functions, activities or by using College equipment or e-mail accounts to stalk another person. When a person is told to discontinue whatever activity they are engaged in, and this activity continues, the person so warned may be expelled, suspended, terminated, and/ or not be permitted to be on College property or at Molloy functions effective immediately before any disciplinary or conduct proceeding is undertaken. Other applicable definitions:

  • Consent is defined as a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding the willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity or gender expression.
  • Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  • Consent may be initially given but withdrawn at any time.

Minors Lack Consent: A minor is defined as anyone less than 17 years of age and incapable of consenting to sexual activity with a person 18 years of age or older according to New York state law. The University adopts this prohibition of sexual activity by adults with minors on all University property, and at any and all University sponsored activities or functions outside New York State regardless of out-of-state laws.

  • Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes it clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
  • Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation, and coercion that overcome resistance or produce consent.
  • Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g. to understand "the who, why or how" of their sexual encounter).

VII. Sanctions

A determination as to whether harassment occurred depends on the totality of the circumstances, such as the severity of a particular incident, the context in which it occurred, whether the conduct was repeated, whether the conduct was verbal or physical, and whether it was threatening or merely annoying. For purposes of federal and state law, harassment has occurred if a reasonable person would have found the behavior offensive and his or her living; learning or working environment would be impaired as a result of the conduct. However, Molloy reserves the right to discipline offensive conduct that is inconsistent with community standards even if it does not rise to the level of harassment as defined by federal or state law.

In assessing a disciplinary penalty, the seriousness of the sexual harassment incident will be evaluated.

  • Any student found responsible for violating the policy on Non-Consensual Sexual Contact (where no intercourse has occurred) will likely receive a sanction ranging from probation to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.
  • Any student found responsible for violating the policy on Non-Consensual Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.
  • Any student found responsible for violating the policy on sexual exploitation or sexual harassment will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus code violations.
  • The Vice President for Student Affairs reserves the fight to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. Neither the initial hearing nor any appeals body will deviate from the range of recommended sanctions unless compelling justification exists to do so.

VIII. Intimidation and Retaliation for Reporting:

Any member of the Molloy community or third party who attempts either directly or indirectly to: intimidate, threaten, retaliate, interfere with, restrain, coerce, discriminate against, violate a College No Contact Order, or harass any person for reporting, attempting to report, or responsibly pursuing a complaint, or is a witness cooperating in an investigation regarding possible violations of any of the College's policies regarding sexual misconduct, will be subject to prompt and appropriate disciplinary action, including possible termination or expulsion from Molloy. An individual, who brings a reasonable complaint of a suspected violation of the above referenced prohibited acts that is made in good faith, even if it may be found to be erroneous, will not be subject to discipline. However, the use of this policy for false, malicious, or frivolous purposes is strictly prohibited. Anyone who knowingly brings a false, malicious, or frivolous complaint against another Molloy College community member will be subject to disciplinary action.

IX. Confidentiality/Privacy in Reporting

Molloy understands that a student who has been the victim of sexual misconduct or sexual harassment may wish to talk about the incident with the assurance that the discussion will be confidential. Even if a person does not ask for confidentiality, these matters are considered private and are shared with a limited number of employees who have a "need to know" and are responsible for the College's response, including taking appropriate steps to respond to what happened, to support complainants, respondents, witnesses, and to resolve the matter promptly and fairly. To the extent practicable and appropriate to the circumstances, investigatory and resolution procedures, as well as appeal procedures, shall be held in strict confidence to reasonably insure the privacy of the parties concerned and to offer as much protection as reasonably possible to the careers and reputations of the parties involved.

There are several support resources that students may utilize on a confidential basis. These include Personal, the Campus Ministry's Office, and College Health Services. Students are encouraged to consult these sources for confidential emotional support. Because these services are confidential, a discussion with any of these sources does not result in a complaint being filed with the College or result in action being taken by the College to respond to the incident. A student who wants emotional support only should contact the confidential counseling resources listed above. A student wishing to have an incident investigated, mediated or adjudicated must make a complaint in accordance with the procedures described below.

A victim can seek advice from certain resources who are not required to share private, personally identifiable information unless there is cause for fear for the victim's safety, or the safety of others. These are individuals who the College has not specifically designated as "responsible employees" for purposes of putting the institution on notice and for whom mandatory reporting is required, other than in the stated limited circumstances. These resources include those without supervisory responsibility or remedial authority to address sexual misconduct, such as resident assistants, office staff, adjunct faculty and others. These individuals have been instructed to share incident reports with their supervisors, but not to share any personally identifiable information about the report unless authorized by the complainant, except in the rare event that the incident reveals a need to protect the victim or other members of the community. If personally identifiable information is shared, it will only be shared as necessary with as few people as possible, and all efforts will be made to protect the complainants' privacy.

Molloy College has designated the following groups of employees as "Responsible Employees": The College President, Vice Presidents, Deans, Assistant and Associate Deans, employees with supervisory responsibility, employees of the student affairs offices, public safety department and athletics as well as all full time faculty and their administrative staff. If you are unsure of someone's duties and ability to maintain an individual's privacy, ask them before you talk to them. They will be able to tell you, and help you make decisions about who can help you best.

The College endeavors to respect and follow the wishes of an individual who brings forward a sexual misconduct or sexual harassment concern. However, students should understand that Molloy may have ethical and legal obligations to investigate, attempt to resolve or adjudicate incidents of sexual misconduct or sexual harassment that come to its attention. Therefore, depending on the circumstances, it may not be possible for a conversation with Public Safety personnel, the College Title IX Coordinator, or other administrators to be kept in confidence always or, said another way, for these individuals simply to listen without taking action.

Records of Reports and Investigations:

Personal information about any witness and records regarding these matters will remain confidential insofar as it does not interfere with the College's right to investigate allegations of misconduct and take corrective action where appropriate and practicable. Written records will be retained with regard to the complaint, the investigation and fact finding, and the resolution. However, the College will comply with criminal legal subpoenas or other civil court ordered requests for information or paperwork in compliance with Family Educational Rights and Privacy Act (FERPA).

X. Reporting Procedures and The Complaint Process

An individual who feels that he or she has been the victim of sexual harassment or sexual misconduct may consult a member of the Harassment Advocacy Panel or go directly to the Title IX Coordinator or Deputy Coordinators to make a report of an incident Members of the Advocacy Panel do not make adetermination as to the nature of the incident being reported, but can

  • clarify the definitions of harassment and discuss how these definitions may or may not pertain in the circumstances described by the complainant;
  • discuss with the complainant whether counseling should be considered based upon the circumstances;
  • where appropriate, assist the complainant in filing a formal, written complaint regarding the harassment;
  • facilitate the filing of the complaint with the appropriate party;

Complainants have the right and can expect to have incidents of sexual misconduct to be taken seriously by the College when formally reported, and to have those incidents investigated and properly resolved through administrative procedures. Witnesses are expected to cooperate fully with an investigation and share their knowledge of any incident in a truthful and honest manner. If a case involves drinking or using drugs, the College will not charge the following individuals with a violation of the University's drug or alcohol policies: the victim, the witnesses, and other individuals reporting, in good faith, incidents and/or assisting victims of sexual misconduct. Formal reporting means that only people who need to know will be told, and information will be shared only as necessary with investigators, witnesses, and the accused individual.

The College offers both informal and formal resolution options. Generally, the College seeks to follow the complaining party's wishes as to which procedure to pursue. However, there may be situations in which, due to the nature of the allegations, informal resolution is inappropriate. This decision will be based on factors such as the egregiousness of them allegations, whether the accused student is a repeat offender, or whether there is otherwise reason to believe that the safety or interests of the campus community demand adjudication. In those instances, the College will apply the formal procedure only.

Informal Resolution Procedures

Informal procedures are designed to assist the parties to reach a mutually agreeable resolution. An individual wishing to employ informal procedures in the resolution of a complaint will meet with the Title IX Coordinator or designee, who will explain the process and options available to the student.

(i) Mediation

Mediation sessions will be held only if the complaining party and the accused party both agree to mediate and if the Title IX Coordinator determines that mediation is appropriate under the circumstances. The Vice President for Student Affairs will act as mediator or will designate another person to act as mediator. The goal of mediation is to facilitate the parties' discussions with each other such that a mutually acceptable resolution can be reached. At any point in the process or if no mutual resolution is reached, the complaining party may move the complaint to the formal adjudication process described below.

(ii) Contractual Agreement

In certain situations, a formal understanding is reached between the parties. This agreement is formalized in writing and is subject to approval by the Vice President for Student Affairs or his or her designee. The terms may include a pledge that the parties will have no further contact with each other, known as a "No Contact Agreement." Once a student has signed a contractual agreement, it may not be revoked, and the terms may not be appealed unless both parties agree to do so. A student's failure to adhere to any term of the agreement may result in referral to the Due Process Procedure for Student Discipline in Non-Academic Areas.

Formal Adjudication Procedure

Formal procedures are designed to determine the merits of the allegations through adjudication and, where appropriate, to determine a disciplinary consequence for the accused student.

(i) Formal Statement

An individual wishing to have a complaint formally adjudicated will be asked to give a statement of complaint to the Title IX Coordinator, Deputy Coordinator or Investigator. The complaint should be as specific as possible and the report of the complaint should be signed and dated by the complainant. The grievance should clearly describe the alleged incident(s), when and where they occurred and the desired remedy sought. Any supporting documentation should be included.

(ii) Investigation

The investigator will then take the following steps:

  • In coordination with the campus Title IX Coordinator and/or Deputies, initiate any necessary remedial actions;
  • Determine the identity and contact information of the complainant;
  • Identify the correct policies allegedly violated;
  • Conduct an immediate initial investigation to determine if there is reasonable cause to charge the accused individual, and what policy violations should be alleged as part of the complaint;
  • If there is insufficient evidence to support reasonable cause, the grievance should be closed with no further action;
  • If there is evidence to support the reasonable cause, meet with the complainant to finalize the complaint and:
  • Prepare the notice of charges on the basis of the initial investigation;
  • Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the accused individual, who may be given notice prior to or at the time of the interview;
  • Complete the investigation promptly, and without unreasonable deviation from the intended timeline;
  • Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not);
  • Prepare a complete report of the investigation and findings for the Title IX Coordinator and Vice President for Student Affairs.

The Title IX Coordinator will:

  • Share the findings and update the complainant on the status of the investigation and the outcome;
  • Present the findings in writing to the accused individual, who may accept the findings, accept the findings in part and reject them in part, or may reject all findings

(iii)Possible Outcomes of the Complaint Process

  1. If the report finds that further adjudication is not warranted, the Title IX Coordinator will consult with the Vice President for Student Affairs. If the Vice President concurs, the complaint will be dismissed and the investigation will be closed.
  1. If the investigation finds that a College policy has been violated and the accused individual accepts the findings that he or she violated said College policy, the Vice President for Student Affairs will impose appropriate sanctions for the violation in consultation with the Title IX Coordinator. The College will act to end the discrimination, prevent its recurrence and mitigate its effects on the victim and larger College community.
  1. If the investigation finds that a College policy has been violated and the accused individual rejects the findings in part or entirety, the Vice President for Student Affairs will convene a inquiry to determine whether the accused individual is in violation of the contested aspects of the complaint. As part of this process, the findings will be admitted and the investigator may give evidence. The inquiry will determine whether it is more likely than not that the accused individual violated the policies forming the basis of the charge. The goal of this process is to provide an equitable resolution via an equitable process, respecting the civil rights of all participants. The Vice President for Student Affairs has final decision making authority with regard to formal complaints, subject to appeal. Where an accused individual is found in violation, the Vice President will impose appropriate sanctions for the violation in consultation with the Title IX Coordinator. The College will act to end the discrimination, prevent its recurrence and mitigate its effects on the victim and larger College community.

(iv) Time Frame and Grounds for Filing an Appeal Request:

In the event that an accused individual accepts the findings of the investigation, those findings cannot be appealed. Sanctions imposed by the Vice President for Student Affairs can be appealed by any party according to the grounds, below. Post-hearing, any party may appeal the findings and/or sanctions only under the grounds described, below.

All sanctions imposed will be in effect during the appeal. A request may be made to the Title IX Coordinator for special consideration in exigent circumstances, but the presumptive stance of the College is that the sanctions will stand. Graduation, study abroad, internships/externships, etc. do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.

The decision of the Vice President for Student Affairs may be appealed in a written petition within 3 business days of receiving the written decision for a review of the decision or the sanctions imposed. Any party who files an appeal must do so in writing to the Title IX Coordinator. The Title IX Coordinator will share the appeal with the other party. All appeals and responses are then reviewed to determine if the appeal meets the grounds for appeal and is timely. The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final. If the appeal has standing, the documentation is forwarded to a trained panel of for their consideration. The party requesting appeal must show error as the original finding and sanction are presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:

  1. A procedural [or substantive error] occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.;
  2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included;
  3. The sanctions imposed are substantially disproportionate to the severity of the violation.

XII. Statement of Rights

STATEMENT OF THE RIGHTS OF THE ALLEGED VICTIM

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to university administrators;
  • The right to be treated with respect by college officials;
  • The right to be supported by College officials in reporting an incident of misconduct to both on-campus and off-campus authorities;
  • The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual assault, usually within 24 hours of the end of the conduct inquiry;
  • The right to be informed by college officials of options to notify proper law enforcement authorities, including local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the victim's desire;
  • The right to be notified of available counseling, mental health or student services for victims of sexual assault, both on campus and in the community;
  • The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available (no formal complaint, or investigation, campus or criminal, need occur before this option is available). Accommodations may include:

--Arranging to dissolve a housing contract and pro-rating a refund; --Exam (paper, assignment) rescheduling; --Taking an incomplete in a class; --Transferring class sections; --Temporary withdrawal; --Alternative course completion options.

  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right not to have any complaint of sexual assault mediated (as opposed to adjudicated);
  • The right to a campus no contact order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others;
  • The right to have complaints of sexual misconduct responded to quickly and with sensitivity by campus law enforcement.
  • The right not to be questioned by the alleged harasser or to be required to question the alleged harasser.
  • The right to appeal the [finding and] sanction of the conduct body, in accordance with the standards for appeal established above;
  • The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law;
  • The right to be informed of the names of all witnesses who will be called to give testimony, except in cases where a witness' identity will not be revealed to the accused student for compelling safety reasons;
  • The right to preservation of privacy, to the extent possible and allowed by law;
  • The right to an inquiry closed to the public;
  • The right to petition that any member of the conduct body be removed on the basis of demonstrated bias;
  • The right to bring a victim advocate or advisor to all phases of the investigation process;
  • The right to ask the investigators to identify and question relevant witnesses, including expert witnesses;
  • The right to be fully informed of campus conduct rules and procedures as well as the nature and extent of all alleged violations contained within the complaint;
  • The right to be present for all testimony given and evidence presented before the conduct body;
  • The right to have complaints heard by conduct and appeals officers who have received periodic sexual misconduct training;
  • The right to have College policies and procedures followed without material deviation;
  • The right to be informed in advance of any public release of information regarding the complaint;
  • The right not to have released to the public any personally identifiable information about the complainant, without his or her consent.

STATEMENT OF THE ACCUSED STUDENT'S RIGHTS

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to College administrators against the accused student;
  • The right to be treated with respect by College officials;
  • The right to be informed of and have access to campus resources for medical, counseling, and advisory services;
  • The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions;
  • The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation;
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right to make an impact statement for the investigation and campus conduct inquiry and to have that statement considered in determining any sanction;
  • The right to appeal the [finding and] sanction in accordance with the standards for appeal established by the institution;
  • The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law;
  • The right to be informed of the names of all witnesses who will be called to give testimony, except in cases where a witness' identity will not be revealed to the accused student for compelling safety reasons;
  • The right to an inquiry closed to the public;
  • The right to petition that any member of the conduct body be removed on the basis of bias;
  • The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct adjudication training;
  • The right to have College policies and procedures followed without material deviation;
  • The right to have an advisor or advocate to accompany and assist in the campus investigation and hearing process. This advisor can be anyone, but the advisor may not take part directly in the hearing itself, though they may communicate with the accused student as necessary;
  • The right to a fundamentally fair process, as defined in these procedures;
  • The right to a campus conduct outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • The right to written notice of the outcome and sanction of the hearing;
  • The right to be informed in advance, when possible, of any public release of information regarding the complaint.

Molloy College Mission Statement

Molloy College, an independent, Catholic college, rooted in the Dominican tradition of study, spirituality, service and community, is committed to academic excellence with respect for each person. Through transformative education, Molloy promotes a lifelong search for truth and the development of ethical leadership.