Sex/Gender Based Harassment, Discrimination and Sexual Misconduct Policy

Sexual Misconduct Policy

I. Introduction and Notice of Nondiscrimination
II. The Title IX Coordinator
III. Scope of the Policy
IV. Students' Bill of Rights
V. Timeframe for Making a Complaint
VI. Definitions within the Policy
VII. Advisors
VIII. Limitation on Consensual Relationships
IX. Anti-Retaliation Policy
X. Resources for Victims of Sexual Misconduct
A. Immediate Medical Assistance and Counseling
B. Sexual Assault Forensic Examiners
C. College Counseling Resources
XI. Confidentiality
A. Professional and Pastoral Counselors
B. Responsible Employees: Mandatory Reporting
C. Requests for Confidentiality
D. Anonymous Reporting
E. Sexual Assault Public Awareness Events
F. Clery Act Reporting
XII. College Amnesty Policy
XIII. Reporting Procedures
A. Law Enforcement Notification
B. Effect of Criminal Proceedings
C. College Notification
XIV. Protective and Remedial Measures
A. Interim Measures
B. No Contact Order
C. Order of Protection
D. Interim Suspension
XV. Records of Reports and Investigations
XVI. Prevention and Awareness Education Programs
XVII. Applicable Procedures Under This Policy
XVIII. Transcript Notation

INTRODUCTION AND NOTICE OF NONDISCRIMINTION

Molloy College (the "College" or "Molloy") is committed to a learning, working and living environment where all members of the community feel safe and respected. In accordance with Title IX of the Education Amendments of 1972 ("Title IX"), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the "Clery Act"), as amended by the Violence Against Women Act/Campus Sexual Violence Act (the "Campus SaVE Act"), and Article 129-B of the New York State Education Law, the College is committed to providing a safe community, free from all forms of sex discrimination, including sexual misconduct. In accordance with Title IX, the College does not discriminate on the basis of sex in its education programs and activities. Under Title IX, discrimination on the basis of sex includes sexual harassment and sexual violence.

The College will not tolerate any form of sexual misconduct. Sexual harassment and sexual violence, including the offenses of rape, sexual assault, sexual coercion, sexual exploitation, dating violence, domestic violence, and stalking are all forms of sexual misconduct and are strictly prohibited by the College. Sexual misconduct can occur between strangers, acquaintances, or people who know each other well, including those who are involved in an intimate or sexual relationship, and can be committed by anyone regardless of sex, gender, or gender identity.

This policy (the "Policy") aims to ensure that all members of the Molloy community can study and work together without being subjected to sexual misconduct. In this Policy, the term "Molloy community" is used to refer to faculty, staff, students, and others affiliated with the College by reason of employment or education. Despite the gendered nature of its language, this Policy is inclusive of all members of the Molloy community. The purpose of this Policy is twofold: first, to establish clear procedures for the handling of sexual misconduct allegations, and second, to educate the Molloy community with respect to the limits of acceptable conduct. This Policy explains Molloy's approach to investigating, adjudicating and disciplining acts of sexual misconduct.

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

Lisa Miller
Director of Human Resources and Title IX Coordinator
1000 Hempstead Avenue
Kellenberg Hall, Room K-112
Rockville Centre, New York 11571
516.323.3046
lmiller@molloy.edu

Deputy Title IX Coordinators:

  • Brendan Caputo, 323.4021
  • Michael Grasso, 323.3602
  • Marion Flomenhaft, 323.3023


Questions regarding Title IX, the Campus SaVE Act and/or Article 129-B of the New York State Education Law may be referred to the College's Title IX Coordinator. Questions concerning Title IX may also be referred to the Assistant Secretary of the Office for Civil Rights ("OCR"), U.S. Department of Education, 400 Maryland Avenue, SW Washington, DC 20202-1100, or directed to the OCR main numbers at (800) 421-3481 FREE, TDD or (800) 877-8339 FREE, or directed to the OCR's New York office email at ocr.newyork@ed.gov or telephone number at (646) 428-3800.

  1. THE TITLE IX COORDINATOR

Lisa Miller
Director of Human Resources and Title IX Coordinator
1000 Hempstead Avenue
Kellenberg Hall, Room K-112
Rockville Centre, New York 11571
516.323.3046
lmiller@molloy.edu

The Title IX Coordinator's primary responsibility is to coordinate the College's compliance with Title IX including, but not limited to, overseeing the College's response to complaints of sexual misconduct. The Title IX Coordinator is responsible for directing and managing the investigations of complaints of sexual misconduct, identifying and addressing any patterns or systemic problems of sexual misconduct that arise during the investigation of a complaint, and assessing the effects of sexual misconduct on the campus climate.

  1. SCOPE OF THE POLICY

This Policy applies to all allegations of sexual misconduct involving members of the Molloy community, whether full time or part time employees or students, and it applies to such individuals regardless of sex, race, national origin, disability, sexual orientation, gender identity, or other protected status. To the extent practicable, this Policy applies to visitors and third parties. A third party is someone who is on campus or participating in a College-sponsored program, activity or event and is within the College's control.

This Policy governs conduct that occurs on any part of Molloy's campus or property. It also applies when any member of the Molloy community travels off-campus as part of a College activity, team, organization or event. This Policy also covers conduct that takes place off-campus that has a reasonable connection to the College and has a continuing effect on campus or in an off-campus education program or activity.

This Policy supersedes any other College policy to the extent that such policy applies to sexual misconduct or sex discrimination. Complaints of discrimination or harassment that do not involve sexual misconduct are governed by the College's Non-Discrimination and Anti-Harassment Policy. For more information on the College's Non-Discrimination and Anti-Harassment Policy, please contact the Title IX Coordinator.

An individual, who, in good faith, brings a reasonable complaint of a suspected violation of this Policy, 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 community member may be subject to disciplinary action.

  1. STUDENTS' BILL OF RIGHTS

All Students have the right to:

  1. Make a report to local law enforcement and/or state police;
  2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
  3. Make a decision about whether or not to disclose a crime or violation and participate in the investigation and hearing process and/or criminal justice process free from pressure from the College;
  4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
  5. Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services, where available;
  6. 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;
  7. Describe the incident to as few College representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  8. Be protected from retaliation by the College, any student, the accused and/or respondent, and/or their friends, family and acquaintances within the jurisdiction of the College;
  9. Access to at least one level of appeal of a determination;
  10. Be accompanied by an advisor of choice who may assist and advise a reporting individual or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice or judicial or conduct process of the College.
  1. TIMEFRAME FOR MAKING A COMPLAINT

There is no time limit for reporting sexual misconduct to the College under this Policy; however, the passage of time may make it difficult or even impossible to conduct a thorough and reliable investigation of the incident. Therefore, members of the Molloy community are encouraged to make a report as soon as possible after the incident has occurred.

Under no circumstances will the College allow an impending graduation to compromise its resolution of a sexual misconduct complaint. The conferral of a degree may, therefore, be withheld, if necessary, until proper resolution of any sexual misconduct charges, provided that a hearing opportunity will be scheduled for the earliest practicable date that can accommodate the parties and their witnesses.

While the time to resolve a reported incident will vary from case to case, depending on the specific facts and circumstances, it is expected that in most cases complaints will be resolved within 60 days, excluding appeals. If the process will take longer than 60 days, both the complainant and the respondent will be notified in writing as to the delay and the reason for the delay.

VI. DEFINITIONS WITHIN THE POLICY

Bystander means a person who observes a crime, impending crime, conflict, potentially violent or violent behavior or conduct that is in violation of rules or policies of the College.

Complainant means the individual making the allegation(s) of sexual misconduct.

Confidentiality may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. § 1092(f) and 20 U.S.C. § 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.

Consent must be affirmative. Affirmative 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.

The following six principles, along with the above definition, will be used to evaluate whether affirmative consent was given:

  1. Consent to any sexual act or prior consensual activity between or with any party does not necessarily constitute consent to any other sexual act.
  2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  3. Consent may be initially given but withdrawn at any time.
  4. 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. Incapacitation may be caused by the lack of consciousness or by being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
  5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
  6. When consent is withdrawn or can no longer be given, sexual activity must stop.


Dating Violence means violence or coercive behavior committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the complainant's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual, physical, or psychological abuse, or the threat of such abuse.

Domestic Violence means 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 New York, 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 New York.

Force means using physical violence and/or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance. The use of force to cause someone to engage in sexual activity is, by definition, non-consensual contact, and is prohibited.

Incapacitation occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by a lack of consciousness or by being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.

Intimidation means implied threats that reasonably cause another to fear for his/her safety or well-being.

No Contact Order means a directive prohibiting contact between or among designated individuals through any means, direct or indirect, including personal contact, email, telephone, text message, social media, or by means of a third party.

Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual more than necessary to comply with applicable laws or College policy.

Reporting Individual shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by the College to reference an individual who brings forth a report of a violation.

Respondent means the individual alleged to have committed acts constituting sexual misconduct, regardless of whether such individual has entered into the College's conduct process for responding to complaints of sexual misconduct described herein.

Retaliation means taking any adverse action or attempting to take adverse action against a person for making a good faith report of sexual misconduct or participating in any proceeding under this Policy. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual's complaint of sexual misconduct or participation in an investigation or proceeding related to alleged sexual misconduct.

Sexual Activity includes any "sexual act" or "sexual contact."

  • A "sexual act" means (a) contact between the penis and vulva or the penis and the anus where penetration occurs, however slight; (b) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (c) the penetration, however slight of the anal or genital opening of another by hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (d) the intentional touching, not through the clothing of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
  • "Sexual contact" means the intentional touching, either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual desire of any person.


Sexual Assault includes "non-consensual sexual intercourse" and "non-consensual sexual contact."

"Non-consensual sexual intercourse" means any form of sexual penetration or intercourse (vaginal, anal, or oral), however slight, with any object by an individual upon another individual without consent and/or by force. Intercourse means: vaginal or anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact).

  • "Non-consensual sexual contact" means any intentional sexual touching, however slight, with any body part or object by an individual upon another individual without consent. Intentional sexual contact includes contact with the breasts, buttocks, or groin, or touching another with any of these body parts; making another person touch any of these body parts; and any intentional bodily contact in a sexual manner.

Sexual Coercion is the application of unreasonable pressure, including emotionally or physically manipulative actions or statements, or direct or implied threats, in order to compel the person to engage in sexual activity.

  • Sexual Exploitation means abuse or exploitation of another person's sexuality without consent, for the perpetrators own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Examples of sexual exploitation include:

    · Causing or attempting to cause the incapacitation of another person for purposes of compromising that person's ability to give Affirmative Consent to the sexual activity;

    · Causing the prostitution of another person;

    · Electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images of another person without the person's consent;

    · Disseminating or posting images of private sexual activity;

    · Engaging in voyeurism;

    · Distributing intimate or sexual information about another person; and/or

    · Knowingly exposing another individual to a sexually transmitted infection or virus without the other individual's knowledge.

Sexual Harassment is defined as "unwelcome conduct" of a sexual nature, including but not limited to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic standing, status in a program, course or activity; or
  • Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting an individual or for academic evaluation, grades or advancement; or
  • 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.

A Hostile Environment exists when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the College's education or employment programs and/or activities. Conduct must be deemed severe, persistent, or pervasive from both a subjective and an objective perspective. In evaluating whether a hostile environment exists, the College will consider the totality of known circumstances, including, but not limited to:

  • The frequency, nature and severity of the conduct;
  • Whether the conduct was physically threatening;
  • The effect of the conduct on the complainant's mental or emotional state;
  • Whether the conduct was directed at more than one person;
  • Whether the conduct arose in the context of other discriminatory conduct;
  • Whether the conduct unreasonably interfered with the complainant's educational or work performance and/or College programs or activities; and
  • Whether the conduct implicates concerns related to academic freedom or protected speech.

The effect of the conduct will be evaluated based upon the perspective of a reasonable person in the position of the complainant. Unwelcome Conduct is considered conduct to be undesirable or offensive to the individual if that person did not request, consent to, or invite the particular conduct.

Sexual Misconduct is a broad term that encompasses a wide range of prohibited behaviors of a sexual nature that is committed without consent or by intimidation, coercion, threat or force. Sexual Misconduct includes, but is not limited to, sexual assault, sexual coercion, sexual exploitation, sexual harassment, dating violence, domestic violence, and stalking.

Sexual Violence refers to a sexual act perpetrated against a person's will or where a person is incapable of giving consent (e.g., due to the person's age or use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by school employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress. For purpose of this definition:

  • "Course of conduct" means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
  • "Substantial emotional distress" means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  • "Reasonable person" means a person under similar circumstances and with similar identities to the victim.

The College prohibits any member of the Molloy community from stalking other members of the community. 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.

Conduct that violates the College policy may also violate New York State laws and subject the respondent to criminal prosecution. Sex Offenses under New York law are described in Sections 130.00 to 130.96 of the New York State Penal Code, available at http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:.

  1. ADVISORS

Throughout the resolution process, each party has the right to choose and consult with an advisor. The advisor may be any person who is not otherwise a party or witness involved in the investigation. The choice of whether or not to invite an advisor is solely that of the complainant and respondent. At the complainant's request or at the respondent's request, the Title IX Coordinator can appoint the requesting party an advisor who has been formally trained. The parties may be accompanied by their respective advisors at any meeting or proceeding related to the investigation and resolution of a complaint under this Policy. Advisors cannot actively participate or speak on behalf of the complainant or respondent. If any advisor's conduct is not consistent with these guidelines, he or she may be excluded from the conduct process.

The Title IX Coordinator must be advised in writing that an advisor will be present at least 24 hours before any scheduled meeting, hearing, or proceeding. This notification must include: (1) the full name and title of the advisor of choice; and (2) contact information for the advisor of choice (phone, email, and address). The College reserves the right to have its own legal counsel present at any meeting or proceeding related to the investigation and resolution of a complaint under this Policy.

  1. LIMITATION ON CONSENSUAL RELATIONSHIPS

In order to protect the integrity of the academic and work environment, this Policy places 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 the Director of Human Resources for assistance in resolving the conflict.

  1. ANTI-RETALIATION POLICY

The College prohibits retaliation against any person who reports sexual misconduct or participates in the investigation of any allegation of sexual misconduct, including participation as a witness. Any member of the College 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 will be subject to prompt and appropriate disciplinary action, including possible termination or expulsion from the College.

Retaliation should be reported promptly to the College's Title IX Coordinator. Reports of retaliation will be investigated in accordance with the appropriate College policy, and such conduct may result in disciplinary action independent of the sanction(s) or interim measures imposed in response to the underlying allegations of sexual misconduct.

  1. RESOURCES FOR VICTIMS OF SEXUAL MISCONDUCT

There is a wide range of resources for all students and employees to provide support and guidance in response to any incident of sexual misconduct or prohibited conduct.

A. Immediate Medical Assistance and Counseling

If you or someone you know is or may be the victim of any form of sexual misconduct, the College strongly urges you to seek immediate assistance. This is the best way to ensure that the complainant receives appropriate medical care and emotional support. Assistance is available 24 hours a day, 7 days a week, from:

  • Local Police and Emergency Assistance - Call 911
  • Local hospitals - Call 911 or Campus Security to obtain contact information
  • Safe Horizon Rape and Sexual Assault Hotline - (866) 689-HELP (4357)
  • Safe Horizon Domestic Violence Hotline - (800) 621-HOPE (4673)
  • New York State Office of Victim Services Toll Free Number - (800) 247-8035
  • Mercy Medical Center, 1000 N Village Ave, Rockville Centre, NY 11570, (516) 705-2525

Off-Campus -- 24/7 Confidential Hotlines:

  • RAPE Crisis Hotline 914-345-9111
  • Safe Horizon Rape and Sexual Assault Hotline - (866) 689-HELP (4357)
  • Safe Horizon Domestic Violence Hotline - (800) 621-HOPE (4673)
  • Gay & Lesbian Anti-Violence Project 212-714-1141
  • Crime Victim's Hotline 212-577-7777
  • New York State Domestic Violence Hotline (800) 942-6906
  • New York State Office of Victim Services (800) 247-8035 or www.ovs.ny.gov

B. Sexual Assault Forensic Examiners

In instances involving physical injury or sexual assault, the College strongly encourages the complainant to obtain a medical examination to determine the extent of injuries. It is also important to understand that physical evidence collected in a rape examination (i.e., a rape kit) is a way to preserve evidence should anyone want to pursue criminal charges with the police or a local prosecutor at a later time. A hospital, with the complainant's permission, will collect physical evidence in a sexual offense evidence collection kit. Sexual Assault Forensic Examiners (SAFE) are considered the best and most appropriate medical professionals to conduct such an examination. The following hospital employs SAFE: Nassau University Medical Center, 2201 Hempstead Turnpike, East Meadow, NY 11554, (516) 572-0123.

C. College Counseling Resources

Regardless of whether or not an official complaint of sexual misconduct is made, various counseling options are available from the College.

Campus Ministry's Office

1000 Hempstead Avenue
Public Square, Room 390
Rockville Centre, New York 11571-5002
Phone: 516.323.3224

College Health Services
1000 Hempstead Avenue
Kellenberg Hall, Room 310
Rockville Centre, New York 11571-5002
Phone: 516.323.3467
Fax: 516.323.3476

Student Personal Counseling
1000 Hempstead Avenue
Kellenberg Hall, Room 207
Rockville Centre, New York 11571-5002
Phone: 516.323.3484

  1. CONFIDENTIALITY

Molloy understands that complainants 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 the incident, to support complainants, respondents, and witnesses, and to resolve the matter promptly and fairly. To the extent practicable and appropriate under the circumstances, investigatory and resolution procedures, including appeal procedures, shall be held in confidence to reasonably insure the privacy of the parties concerned and to offer as much protection as reasonably possible to the parties involved.

A. Professional and Pastoral Counselors

The College understands that, for many complainants, confidentiality is a primary concern. The ability of College employees to maintain confidentiality is as follows:

Professional Counselors: A professional, licensed counselor whose official responsibilities include providing mental health counseling to the Molloy community, including one who acts in the role of providing mental health counseling under the supervision of a licensed counselor, is not required to report to the Title IX Coordinator without a complainant's permission any information about an incident of sexual misconduct disclosed while acting within the scope of his/her license or certification. The following is a list of the College's professional counselors:

Carrie Sollin, M.A., L.M.H.C.
Director of Personal Counseling Services
1000 Hempstead Avenue
Kellenberg Hall, Room 207
Rockville Centre, New York 11571-5002
Phone: 516.323.3475
Fax: 516.323.3475
Email: csollin@molloy.edu

Talita Ferrara, M.S., L.M.H.C.
1000 Hempstead Avenue
Kellenberg Hall, Room 207
Rockville Centre, New York 11571-5002
Phone: 516.323.3466
Email: tferrara@molloy.edu

State law requires professional counselors to report: (i) when a patient is likely to engage in conduct that would result in serious harm to the patient or to others; or (ii) if there is reasonable cause to suspect that a minor has been sexually abused.

Pastoral Counselors: A pastoral counselor is a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition. A pastoral counselor is not required to report incidents of sexual misconduct to the Title IX Coordinator without a complainant's permission. However, a pastoral counselor acting in some other manner, such as a faculty member, would not be exempt from the reporting obligations. The following is a list of the College's pastoral counselors:

Scott Salvato
Director of Campus Ministries
Campus Ministry's Office
1000 Hempstead Avenue
Public Square, Room 390
Rockville Centre, New York 11571-5002
Phone: 516.323.3225
Email: ssalvato@molloy.edu

Sister Diane Capuano
Associate Director of Campus Ministries
Campus Ministry's Office
1000 Hempstead Avenue
Public Square, Room 390
Rockville Centre, New York 11571-5002
Phone: 516.323.3226
Email: dcapuano@molloy.edu

B. Responsible Employees: Mandatory Reporting

A responsible employee is a College employee who has the authority to take action to redress sexual misconduct; who has been given the duty of reporting incidents of sexual misconduct or any other misconduct by employees or students to the Title IX Coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty. This definition encompasses virtually every College employee, including all faculty, staff and administrators, except those who are acting as pastoral and professional counselors and non-professional counselors and advocates.

A responsible employee must report all relevant details (obtained directly or indirectly) about the alleged sexual misconduct to the Title IX Coordinator. Such information includes dates, times, locations, and names of parties and witnesses. It is imperative that responsible employees inform the Title IX Coordinator of all incidents of sexual misconduct. *If you are a College employee and are unsure whether or not information MUST be reported, please call the Title IX Coordinator, who will assist you with the proper next steps.

Even College officers and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX coordinator to investigate and/or seek a resolution.

The Family Educational Rights and Privacy Act ("FERPA") allows a College to share information with an individual's parents if there is a health or safety emergency or if the individual is listed as a dependent on either parent's prior year federal tax income form. However, the College will generally not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the complainant's permission.

C. Requests For Confidentiality

The College endeavors to respect and follow the wishes of an individual who brings forward a sexual misconduct complaint. However, complainants should understand that Molloy may have ethical and legal obligations to investigate, attempt to resolve, or adjudicate incidents of sexual misconduct that come to its attention. Therefore, depending on the circumstances, it may not be possible to honor a request for confidentiality while still providing a safe, nondiscriminatory environment for all members of the Molloy community. The Title IX Coordinator is designated to evaluate requests for confidentiality.

When determining whether the complainant's request for confidentiality can be honored, the Title IX Coordinator will consider a range of factors, including, but not limited to, the following:

  • Whether there have been other sexual misconduct complaints about the same respondent;
  • Whether there is an increased risk that the respondent will commit additional acts of violence;
  • Whether the respondent has a history of arrests or records from a prior school indicating a history of violence;
  • Whether the College has other means to obtain relevant evidence (e.g., security cameras or personal, physical evidence).
  • Whether the incident represents an escalation in unlawful conduct on behalf of the respondent from previously noted behavior;
  • Whether the sexual misconduct was committed by multiple respondents;
  • Whether the complainant's report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group;
  • Whether the alleged sexual misconduct was perpetrated with a weapon; and
  • The age of the complainant.

If, after considering these factors, the College determines that an investigation is required, the College will inform the complainant and take immediate action necessary to protect and assist the complainant. The College will take all reasonable steps to investigate and respond to the complaint while maintaining the complainant's privacy to the greatest extent possible. For all reports of sexual misconduct, the College will consider broader remedial action, such as increased monitoring, supervision of security at locations where the reported sexual misconduct occurred, increasing training, education and prevention efforts, and administration of climate surveys.

D. Anonymous Reporting

If the College receives a report of alleged sexual misconduct by someone other than the complainant (e.g., friend or roommate) or from an anonymous source, the College's Title IX Coordinator will promptly notify the complainant of the report, and inform him/her of the available resources and assistance. In cases in which a report is made anonymously, this Policy will apply in the same manner as if the complainant had made the initial report.

E. Sexual Assault Public Awareness Events

The College will not begin an investigation based on information that a person chooses to share during public awareness events that are designed and intended to be safe spaces for complainants to share experiences. These events could include candlelight vigils, "Take Back the Night," protests, or other public events. The College may decide, however, to use the information learned at such an event to inform its efforts for additional education and prevention efforts.

F. Clery Reporting

When reporting crimes for the purposes of Clery Act compliance, the College will not release identifying information of the complainant. The Clery Act also requires the College to issue timely warnings to the College community about certain crimes that have been reported and may continue to pose a serious or continuing threat to the campus community. Consistent with the Clery Act, the College will withhold the names and personal identifying information of the reporting individual when issuing such timely warnings.

  1. COLLEGE AMNESTY POLICY

    The health and safety of every student at the College is of utmost importance. The College 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 may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to College officials. A bystander acting in good faith or Reporting Individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to College officials or law enforcement will be not be subject to discipline pursuant to the procedure outlined in the Student Handbook for violations of alcohol and/or drug use policies occurring at or near the time of the domestic violence, dating violence, stalking or sexual assault.

    XIII. REPORTING PROCEDURES

    There are multiple ways to report prohibited conduct.

    A. Law Enforcement Notification

    If you are the victim of sexual misconduct, the College strongly encourages you to promptly report the incident to the police. Contacting law enforcement will ensure the preservation of evidence and facilitate a timely investigation and response. College representatives are available to assist you in notifying law enforcement of an incident of sexual misconduct and in contacting law enforcement or legal service organizations to learn about these remedies. Except in instances where the victim is under the age of 18, the College will respect a victim's decision regarding whether or not to report an incident to local law enforcement. Where an incident involves the suspected abuse of a minor, certain individuals at the College may have an obligation to report to law enforcement under New York State Law.

    A person may report an incident to either the police or the
    College or to both simultaneously. The College's complaint resolution procedures and the criminal justice system work independently from one another and law enforcement officials do not determine whether a violation of this Policy has occurred.

    B. Effect of Criminal Proceedings

    Sexual misconduct may constitute a violation of both state law and College policy. The College's definition of sexual misconduct, its process, and its standard of proof for a finding of responsibility for sexual misconduct differ from the standards for finding a violation of criminal law. Therefore, criminal investigations or reports are not determinative of whether sexual misconduct under this Policy has occurred. In other words, conduct may constitute sexual misconduct under this Policy even if law enforcement agencies lack sufficient evidence of a crime and decline to prosecute. Additionally, a law enforcement determination of whether or not to prosecute a respondent is not determinative of whether the College will conduct an investigation under Title IX.

    The filing of a complaint of sexual misconduct under this Policy is independent of any criminal investigation or proceeding. Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. The College will not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation or to take any necessary interim measures to protect the complainant and the College community. However, the College may temporarily delay its investigation to enable law enforcement to gather evidence and to engage in a preliminary investigation of sexual misconduct matters that may also violate the state criminal code.

    C. College Notification

    An individual who feels that he or she has been the victim of sexual misconduct may go directly to the Title IX Coordinator or Deputy Title IX Coordinators to make a report of an incident.

    An individual making a report will have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault. These personnel shall be available upon the first instance of disclosure to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible.

    When the College receives a report from a student that he or she has been the victim of sexual misconduct, including dating violence, domestic violence, sexual assault or stalking, whether the offense occurred on or off campus, the College will provide the Reporting Individual with a written explanation of his or her rights and options. The College will provide the Reporting Individual with written notification regarding existing counseling, health, mental health, victim advocacy, legal assistance, student financial aid and other services available for victims both within the College and in the community. If the Reporting Individual is not the complainant, and the identity of the complainant is made known to the College, the College will provide such written notification to the complainant.

  1. PROTECTIVE AND REMEDIAL MEASURES

Remedial and protective measures are available regardless of whether a complainant pursues a complaint or investigation under this Policy. When the College receives a report of alleged sexual misconduct, the College will take immediate steps to protect the complainant, other affected parties, and the Molloy community.

A. Interim Measures

Any individual who has been the victim of sexual misconduct may request assistance in changing academic, living, transportation, and working situations, as applicable. These interim measures may also include issuance of a No Contact Order, changes in academic, extracurricular, housing, dining, employment, transportation, or other applicable arrangements.

Requests for accommodations in connection with incidents of sexual misconduct should be made in writing to the College's Title IX Coordinator. The College will grant such accommodations, provided they are reasonable and available, regardless of whether the complainant chooses to report the crime to law enforcement. When taking such interim measures and/or steps to separate the complainant and the respondent, the College will, to the extent practical, minimize the burden on the complainant. The College will provide information about the request for accommodations only to those having a need to know such information in order to implement the accommodations.

The respondent and/or the complainant will, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim measure, including potential modification. The respondent and/or complainant will be allowed to submit evidence in support of his or her request. Violation(s) of the Title IX Coordinator's directives and/or protective actions will constitute related offenses that may lead to additional disciplinary action.

B. No Contact Order

The College may impose a No Contact Order, which typically will include a directive that the parties refrain from having contact with one another, directly or through proxies, whether in person or via electronic means, pending the investigation and, if applicable, the hearing. If the complainant and respondent observe each other in a public place, it shall be the responsibility of the respondent to leave the area immediately and without directly contacting the complainant. In the event the College imposes a No Contact Order, the respondent and/or complainant may request a review of the need for and terms of the No Contact Order, including potential modification, and may submit evidence in support of his or her request. The College will conduct a prompt review in response to such request. An individual who wishes to report a violation of a No Contact Order can contact the Title IX Coordinator.

C. Order of Protection

A student-complainant also has the right to request the assistance of the College in obtaining an order of protection from either the Family or Criminal Court. If an order of protection is granted, the parties will have the right to receive a copy of the order of protection when the order is received by the College. The parties will also have the opportunity to meet or speak with an appropriate College employee who can explain the order and the consequences for violating the order, and answer any questions about the order. Additionally, if the order of protection is violated, the student-complainant may receive assistance from the College in calling local law enforcement to inform them of the violation.

D. Interim Suspension

In the event the respondent is determined to present a continuing threat to the health and safety of the community, the respondent may be subject to an interim suspension pending the final outcome of the conduct process. Both parties, upon request, will be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of such request. Again, when taking such interim measures and/or steps to separate the complainant and the respondent, the College will, to the extent practical, minimize the burden on the complainant.

  1. 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 FERPA and other laws.

In all cases, all information and other appropriate records will be maintained for a minimum of six (6) years from the outcome of an investigation.

  1. PREVENTION AND AWARENESS EDUCATION PROGRAMS

Creating a safe and respectful environment is the responsibility of all members of the Molloy community. To promote and maintain this environment, the College engages in comprehensive educational programming to prevent sexual misconduct (including sexual harassment, domestic violence, dating violence, sexual assault, stalking, and retaliation). The College provides primary prevention and awareness programs for all incoming students and employees, and ongoing prevention and awareness campaigns for all students and employees. The College seeks to ensure that all programs are culturally relevant, responsive to community needs, informed by research, and assessed for value.

  1. APPLICABLE PROCEDURES UNDER THIS POLICY

The procedures for responding to reports of prohibited conduct committed by students are detailed in Appendix A: Investigating and Resolving Student Complaints. The procedures for responding to reports of prohibited conduct committed by employees are detailed in Appendix B: Investigating and Resolving Employee Complaints. The College applies the preponderance of the evidence ("more likely than not") standard when determining whether this Policy has been violated.

  1. TRANSCRIPT NOTATION

In accordance with New York State Education Law, Article 129-B, Section 6444 (B)(6), for crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. § 1092(f)(1)(F)(I)-(VIII), the College shall make a notation on the transcript of students found responsible after the completion of the conduct process. Students found responsible of committing a crime meeting the reporting requirements of 20 U.S.C. § 1092(f)(1)(F)(I) -(VIII) shall have noted on their transcript that they were:

  • "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".

Students who withdraw from the College while such conduct charges are pending and decline to complete the disciplinary process shall have noted on their transcript that they "withdrew with conduct charges pending." For more information on the transcript notation policy, please contact the Title IX Coordinator.