Title IX

Discrimination, Harassment and Sexual Misconduct Prevention Policy

New York Chiropractic College (NYCC) is a professional community devoted to the study, teaching, and practice of healing arts. Acts of discrimination, harassment, sexual assault, dating violence, domestic violence and stalking are antithetical to NYCC's mission and values and will not be tolerated. This policy is intended to educate the NYCC community about these issues and thereby to prevent such incidents from occurring and also explain the way in which NYCC will respond to incidents in the event they occur.

Scope of Policy

This policy applies to all students, faculty and staff of NYCC. This policy applies to interactions between members of NYCC on campus or off campus in connection with any NYCC-sponsored program or activity. Further, even off-campus conduct that occurs outside an NYCC-sponsored program or activity may violate this policy if the conduct creates a threatening or uncomfortable work or learning environment on NYCC's campus or within an NYCC program, or if the incident causes concern for the safety or security of NYCC's campus. Visitors to campus (e.g., alumni, family of students, vendors, etc.) are expected to abide by the behavioral expectations in this policy. Applicable law protects employees (including unpaid interns and trainees), students, and non-employees (including independent contractors) and those employed by companies contracting to provide services to the College, regardless of immigration status. A perpetrator of sexual harassment can be a superior, subordinate, student, faculty member, administrator, independent contractor, contract worker, vendor, client, customer or visitor. 

File a Complaint

Definitions

Discrimination

NYCC defines discrimination as an educational or employment-related decision that disadvantages a person that occurs because of the affected individual's race, color, religion, ethnic or national origin, gender, age, disability, predisposing genetic characteristics, sexual orientation, gender identity, self-identified or perceived sex, gender expression, transgender status, military or veteran's status, marital status, or any other characteristic protected by applicable law.

This policy does not apply to decisions relating to requests for reasonable accommodation due to a disability. Academic disability accommodations are handled by the Academy for Academic Excellence and Student Success (AAESS) office and pursuant to that office's policies. Work-related disability accommodations are handled by the Human Resources Office and pursuant to that office's policies.

Harassment

NYCC defines harassment as unwelcome, offensive conduct that occurs on the basis of race, color, religion, ethnic or national origin, gender, age, disability, predisposing genetic characteristics, sexual orientation, gender identity, self-identified or perceived sex, gender expression, transgender status, military or veteran's status, marital status, or any other characteristic protected by applicable law. Whether harassment has occurred in violation of this policy depends on a consideration of all the circumstances, including the severity of the incident(s), whether the conduct was repeated, whether it was threatening or merely annoying, and the context in which the incident or interaction occurred. Sexual harassment may be considered unlawful where it is severe or pervasive and:

  • Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or creating a hostile work or educational environment, even if the complaining individual is not the intended target of the harassment; 
  • Such conduct is made either explicitly or implicitly a term or condition of one's education or employment; or 
  • Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's education or employment. 

Harassment may be verbal, visual, physical, or written in electronic or print form. Merely by way of illustration, harassing acts may include racial, ethnic or religious slurs; name-calling that demeans on the basis of gender, age, disability, sexual orientation or gender identity; unwanted or unwelcome touching of a person; physically harming or threatening another due to racial or religious animosity; vulgar pictures or ethnically offensive symbols or writings; or gestures that mimic or mock a person's gender, sexual orientation, disability, race or age. Sexual harassment is one form of harassment. Sexual harassment may consist of sexually charged comments or conduct, including sexually lewd conversation or pictures; repeated, unwelcome requests for dates or romantic interaction; unwelcome physical affection (such as hugs or kisses) or intentional touching of the legs, back, or shoulders. Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.

The fact that a person was personally offended by a statement or incident does not alone constitute a violation of this policy. The determination is based on a "reasonable person" standard and takes into account the totality of the circumstances. NYCC considers the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the learning community. 

In all instances, a key factor is whether the complained- of behavior occurred because of one of and/or offended on the basis of one of the protected characteristics listed here. If it did not, the behavior is not regulated by this policy. Nevertheless, NYCC reserves the right to discipline conduct that offends based on a protected characteristic even if the situation does not rise to the level of severity or pervasiveness to violate applicable law. 

Harassment when committed by an employee is a form of employee misconduct.  With respect to harassment of employees, supervisors and managers who knew or should have known that harassment of their subordinates was occurring and failed to take responsive action may be subject to disciplinary action.  A supervisor or manager who becomes aware of a situation that may constitute workplace harassment, including by witnessing the situation or receiving a complaint or report of harassment, is expected to notify the next level of supervision and the Title IX Coordinator.

Non-Consensual Sexual Conduct

NYCC expects that any sexual activity or contact will be based on mutual affirmative consent to the specific sexual activity. All references to consent in this policy will mean affirmative consent as defined in this policy.

Affirmative consent is 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 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, self-identified or perceived sex, gender expression, or transgender status.

Consent is free and informed permission. Consent can be given by word or action. Consent given verbally is evidenced by affirmative agreement to engage in specific sexual activity. Consent through action is free and willing active participation in the specific sexual activity. Past consent to sexual activity does not mean consent to the same sexual activity in the future. Consent to any sexual act does not necessarily constitute consent to some other sexual act. Consent can be withdrawn at any time, and, if so, the sexual activity must cease. Similarly, if a person becomes unable to consent (as for example due to incapacitation from drugs or alcohol), there is no longer affirmative consent, and the sexual activity must cease.

Certain conditions prevent a person from being able to consent. These conditions include being asleep, unconscious, physically or mentally helpless, disoriented or unable to understand what is happening for any reason, including due to alcohol or drugs, or is under the age of 17. A person will be considered unable to give consent if he or she lacks the ability to knowingly choose to participate in sexual activity. A person who is under the influence of alcohol or drugs is not relieved of his or her responsibility to ensure that he or she has the other person's affirmative consent and/or to have appreciated another's incapacity to consent.

Sexual activity as the result of coercion or force is non-consensual. Coercion is a threat or intimidation to engage in sexual activity. 

Sexual relationships between faculty and students and staff and students are problematic due to the inherent power differential. Therefore, sexual or romantic relationships between faculty and students and between staff and students are strongly discouraged. 

Any non-consensual sexual activity or contact violates this policy. This policy further categorizes sexual offenses into the following:

Sexual Assault is an act that is either Non-Consensual Sexual Contact or Non-Consensual Sexual Intercourse.

  1. Non-Consensual Sexual Contact: Any intentional touching, however slight, for purposes of sexual gratification or with sexual intent, with an object or private bodily part, by a person upon another person that is without consent. 

  2. Non-Consensual Sexual Intercourse: Sexual assaults of this type can be sub-defined by the following:

    1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, forcibly or without consent or where the victim is incapable of consent due to mental or physical incapacity.

    2. Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent. In New York, the statutory age of consent is 17 years old.

  3. Sexual Exploitation: When one takes non-consensual sexual advantage of another. Examples of sexual exploitation include but are not limited to observing or recording others engaged in sexual or private activity (such as undressing or showering) without the consent of all involved; or taking intimate pictures of another but then distributing the pictures to others without the photographed person's consent; or exposing one's genitals in non-consensual circumstances; or having sex while knowingly infected with a transmissible disease and not informing one's sexual partner.

Sexual misconduct is a term used in this policy to refer collectively to any act of sexual assault or sexual exploitation. 

Sexual misconduct may occur between members of the same or opposite sex and in heterosexual and homosexual relationships.

Dating Violence

Refers to violence (hitting, punching, kicking, etc.) or the threat of such abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. 

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. Stalking behavior includes but is not limited to repeated, intentional following or observing another; or using "spyware" or other electronic means to gain impermissible access to a person's private information.

Domestic Violence

Physical-violence between spouses or former spouses, cohabitating romantic partners or former cohabiting romantic partners, individuals who share a child in common, who are similarly situated to spouses, or others in a domestic relationship protected by the family or domestic laws of the jurisdiction in which the violence occurs.

Support for Those Affected

Any College community member who has been affected by a violation of this policy has the right to make a report to Campus Security, local law enforcement, and/or state police or choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College. A Students' Bill of Rights for cases involving sexual assault, domestic violence, dating violence or stalking is found at the end of this policy.

Confidential Resources

A victim or other person affected, including an accused student, is encouraged to seek support for his/her emotional and physical needs. A person seeking confidential emotional or health care may contact the following resources for services that are available to students free of charge:

NYCC Counseling Services 315-568-3064
counseling@nycc.edu
FLH Medical, P.C. 315-539-4025
Safe Harbors of the Finger Lakes
Hotline 800-247-7273
Office 315-568-4200
F.F. Thompson Hospital
(SAFE Nurse*)
585-396-6000
Domestic Violence Hotline
(Ontario/Seneca County)
800-695-0390
Clifton Springs Hospital Mental Health Lifeline
Day 315-462-1080
Evening 800-310-1160
NYS Office of Victim Services 800-247-8035
NYS Domestic Violence Hotline 800-942-6906

* Sexual Assault Forensic Examiner Nurse (SAFE) can provide an exam whether you choose to report to police, or the College, or choose not to report at all.

These Confidential Resources can provide assistance and information regarding medical assistance and treatment (including information about sexually transmitted infections, and sexual assault forensic examinations), and resources available through the New York State Office of Victim Services, academic and other campus support options, campus disciplinary proceedings and law enforcement options. The on-campus resources listed above are the only confidential resources on campus; all other employees of NYCC should not be considered confidential.

A report to a Confidential Resource is not a report to the College and will not result in remedial action or an investigation or disciplinary action. Any person who desires remedial action (such as a change in housing, academic or work assignments) must contact one of the Responsible Administrators, listed below.

Responsible Administrator

The following offices and individuals have been trained to receive and respond to allegations of violations of this policy. An individual may contact a Responsible Administrator to obtain information about this policy. No person need disclose details about an incident to obtain general information about the College's policies and available resources.

Jennifer Sessler
Interim Vice President of Enrollment Management
Title IX Coordinator
Associate Vice President of Institutional Effectiveness and Planning 
titleix@nycc.edu, 315-568-3270

Carol Faivre
Assistant Director of Student Life
Assistant Title IX Coordinator
cfaivre@nycc.edu, 315-568-3047

Christine McDermott
Human Resources Manager
Deputy Title IX Coordinator
cmcdermott@nycc.edu, 315-568-3109

Christopher McQueeney
Associate Vice President of Information Technology
cmcqueeney@nycc.edu, 315-568-3352

If a report is made to anyone other than the Responsible Administrators listed above, the complainant risks the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon. 

Upon receiving a report, the Responsible Administrator to whom the report was made will discuss with the complainant available avenues and options. Options may include disciplinary action against the accused and remedial actions to ameliorate or correct the effects of the discrimination, harassment, or sexual misconduct. Other options may include a no contact directive, changes in academic, residential, transportation, or working arrangements to separate the complainant and the accused. A complainant need not necessarily pursue disciplinary action in order to obtain changes in academic, residential or working arrangements. The College will review the facts and circumstances of each case, as well as the complainant's wishes, in deciding whether and what steps are reasonable and appropriate. 

A Responsible Administrator is not a Confidential Resource. However, even NYCC offices 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. A Responsible Administrator is a non-confidential resource who will share information only on a need-to-know basis. 

A person may make a report to a Responsible Administrator and request that no investigation or disciplinary action be taken. This may be the case where the individual is interested only in emotional, academic, and other supportive resources. If the complainant elects not to proceed at the time of report, they may return to the Title IX team and choose to proceed at a later date. Similarly, a person may make a report intending for the College to investigate for disciplinary action but later may request that the complaint be withdrawn. The College will honor such requests to not initiate or to cease an investigation or disciplinary process unless the Title IX Coordinator determines that an investigation and/or disciplinary process is necessary to ensure a safe, non-discriminatory environment for all members of the NYCC community, including the individual(s) involved. In some cases, it may be possible to investigate and initiate a disciplinary process while keeping the reporting party's identity confidential.

Factors used to determine whether to honor such a request for confidentiality include, but are not limited to:

  1. Whether the accused has a history of violent behavior or is a repeat offender;
  2. Whether the incident represents escalation in unlawful conduct on behalf of the accused from the previously noted behavior;
  3. The increased risk that the accused will commit additional acts of violence;
  4. Whether the accused used a weapon or force;
  5. Whether the reporting individual is a minor; and
  6. Whether the College possesses other means to obtain evidence such as security footage, and whether available information reveals a pattern of perpetration at a given location or by a particular group.
  7. As well as other considerations such as:
  • whether there was a single perpetrator or multiple;
  • whether the circumstances suggest a risk to the campus community; and
  • similar considerations.

The College retains the right to act upon any information that comes to its attention. If the College determines that a request not to proceed cannot be honored, the complainant will be so informed. However, in order to encourage participation in public awareness and advocacy events, if information is disclosed as part of such an event (such as Take Back the Night), the College is not obligated in that instance to commence an investigation. Where the only parties to the situation are employees, NYCC will be less inclined to honor a request for confidentiality.

Other Non-Confidential College Resources

Security Office 315-568-3022

Law Enforcement

A victim of a crime is encouraged to, but is not required to, report the incident to local law enforcement and pursue criminal charges. The criminal process and the College's disciplinary processes are not mutually exclusive or dependent on each other, meaning that a person may pursue either a criminal complaint or College complaint or both. Any internal College investigation and/or hearing process will be conducted concurrently with any criminal justice investigation and proceeding that may be pending. Temporary delays in the College's internal processes may be requested by local law enforcement authorities for the purpose of gathering evidence. Any requested temporary delay shall not last more than ten (10) days, except when local law enforcement authorities specifically request and justify a longer delay.

In criminal cases, including non-consensual sex offenses, the preservation of evidence is critical and must be done properly and promptly. If you have been sexually assaulted, you should not wash your body or clothes, as evidence may be lost. The Seneca Falls Police Department (315-568-5555) can assist in filing a criminal complaint and in securing appropriate examination, including by a Sexual Assault Nurse Examiner. New York State Police maintain a 24-hour hotline staffed by individuals trained to respond to sexual assault (844-845-7269).

Additionally, orders of protection and other forms of legal protection may be available to individuals who have experienced or are threatened with violence by an NYCC College community member or other person. In appropriate circumstances, an order of protection may be available that restricts the offender's right to enter NYCC property, and NYCC will abide by a lawfully issued order of protection.

The Security Office or other College officials will, upon request, provide reasonable assistance to any member of the College community in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order, including providing that person with:

  • a copy of an order of protection or equivalent when received by the College and providing that person with an opportunity to meet or speak with a College representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the other person's responsibility to stay away from the protected person or persons;
  • an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension; and
  • assistance in contacting local law enforcement to effect an arrest for violating such an order of protection.
Stages of a Title IX Report

Interim Measures and Accommodations

The College will put in place reasonable interim measures and accommodations to protect safety, prevent retaliation, and ensure that the person reporting a violation of this policy is not subjected to an ongoing hostile or abusive environment. Interim measures or accommodations may include an interim suspension, no contact order or changes in academic, housing, employment, transportation or other circumstances. An individual requesting an interim measure or accommodation, or an individual affected by an interim measure or accommodation, may present information and evidence in support of the individual's request or position concerning the interim measure or accommodation.

The College may impose an interim suspension where it determines that the circumstances then known create a reasonable risk of harm to the reporting party or another person(s) or the community in general. An interim suspension may be a complete suspension from the College, including classes, or may be limited, such as a suspension from the residential facilities, a suspension from participating in clinic, or other similarly defined aspects of College activities. 

At any time, the complainant or accused may appeal or otherwise request the review of the need for and the terms of any interim measures (including but not limited to an interim suspension) or accommodations imposed or requested that affect the individual directly and may submit evidence in support of his/her request. 

A request for appeal or review of an interim measure or accommodation may seek to add to, modify or eliminate an interim measure or accommodation. Such an appeal or request may be made to the Title IX Coordinator. Upon receipt of such a request, the Title IX Coordinator will inform the other party of the request and allow the other party to respond, including submitting evidence if desired. The Title IX Coordinator will respond to the request as promptly as possible and, absent unusual circumstances, within one calendar week. The Title IX Coordinator may modify the interim measures or accommodations on a temporary basis and while the parties are submitting their information and responses.

Investigation

Upon receiving a report, the College will conduct an investigation, which usually will be performed or overseen by one of the Responsible Administrators listed above, but the College reserves the right to utilize other appropriately trained persons. The College may assign one or two investigators. The person(s) who conducts the investigation will be free of conflicts of interest or bias for or against any party. The parties will be informed of the identity of the investigator(s) and provided a reasonable opportunity to object to the investigator(s) on the ground of conflict of interest or bias. If an objection is made, the College will appoint an appropriate person to decide whether a conflict or bias exists such that an alternative investigator(s) will be selected.

The complainant and the accused will be given an equal opportunity to review and present information in the context of the investigation. An investigation usually involves interviews of witnesses and reviewing relevant documentation. 

The accused will receive notice, in advance of any interview or other meeting they are required or entitled to attend, including the date, time, location and factual allegations concerning the alleged violation, the specific policy provisions alleged to have been violated, and the possible sanctions. The accused will also be notified of their right to select an individual of their choice to serve as their advisor, including during all meetings and hearings related to the investigatory and adjudicatory process.

During the investigation, which is an impartial fact-finding process, the complainant and the accused will have an equal opportunity to share information, submit documentation, and request that witnesses be interviewed. In the absence of their consent, the parties will not be interviewed together or be required to meet. The investigator(s) has discretion to determine how to conduct the investigation and what information is necessary and relevant.

At the conclusion of the investigation, the investigator(s) will make a recommendation as to whether the complaint will be referred to the applicable disciplinary process. A referral to the disciplinary process will occur where the allegations appear to have merit and, if true, the allegations may constitute a violation of this policy. 

The College endeavors to complete the investigatory phase within 60 days. After the completion of the investigation but before the investigator renders a recommendation about whether to forward the complaint to a disciplinary process, both parties will be provided the opportunity to review the investigative file and to provide a response to the material in the investigation file, including but not limited to request that additional investigation be conducted. The investigative file presented for review may be redacted as necessary to eliminate irrelevant, extraneous information or inappropriate information (such as information about mental health or sexual history). The investigator(s) will review the parties' responses and determine in his/her sole discretion whether any modifications will be made to the investigative file and/or whether additional investigation will be conducted.

The investigation report, together with the parties' response to the report, will be forwarded to the Title IX Coordinator, who will make a determination as to whether the complaint will be forwarded to the applicable disciplinary process. The complainant and accused will be informed in writing as to whether the complaint will be forwarded to the applicable disciplinary process, with an explanation of the basis for the outcome. If the determination is to not forward a complaint to a disciplinary process, there is no right to appeal. However, in cases where a student is accused of sexual assault, dating violence, domestic violence, or stalking, the investigative decision not to forward the matter for discipline is appealable. The appeal must be in writing and submitted to the Judicial Officer or his/her designee within 10 business days of the investigative determination. The appeal will be decided by the Judicial Officer or his/her designee and one member of the Standing Judicial Panel, who will be selected by the Title IX Coordinator or his/her designee. If the appeal is granted, the Judicial Officer or his/her designee will file charges against the accused student pursuant to the Code of Student Conduct and Ethics, or will process charges filed by the complainant against the accused in accordance with the Code of Student Conduct and Ethics.

Regardless of whether a complaint is referred to a disciplinary process, the College may offer other, non-disciplinary remedies available to the complainant, such as a change in residential or working situation, changes in class assignment, and so on.

In some instances, the parties may be interested in an informal or mediated resolution, and, if the case is appropriate for such an option in the College's discretion, mediation may be explored. (Incidents of violence are not eligible for a mediation.) No party will be required to participate in a mediated or informal resolution, and either party may decline further participation in mediation or informal resolution at any time.

Disciplinary Proceedings

This policy applies campus-wide and sets forth behavioral expectations for all. However, the applicable disciplinary procedure that will be applied in a particular case depends on whether the accused is a student, an employee, or a non-community member. For instance, a complaint brought by a staff member against a student is processed pursuant to the student policy; a complaint by a student against a staff member is processed pursuant to the staff policy; a complaint by a student against another student is processed pursuant to the student policy; and so on. If the investigation results in a determination to move forward, 

  • A complaint against a student will be processed in accordance with the Code of Conduct and Ethics policy found in the Student Guide under Section G. Charges of Misconduct and Pre-Hearing Procedures and Section J. Judicial Panel Hearings. Offenses and sanctions can be found in Section C. Code of Student Conduct Offenses, Section E. Code of Ethics Offenses and Section K. Sanctions.
  • A complaint against a faculty member will be processed in accordance with the Faculty Handbook (Progressive Discipline, Suspension and Dismissal policies).
  • A complaint against a staff member will be processed in accordance with the staff procedure (below).

The complainant and the accused each may have an advisor of their choice present during the disciplinary proceeding and any related meeting. The standard for decisions in disciplinary proceedings is a preponderance of the evidence, meaning that it is more likely than not that an allegation is true. Both parties will receive simultaneous written notice of outcomes of all disciplinary proceedings, to the extent permitted by law. 

On an annual basis, the College will appoint a Standing Judicial Panel. This Panel will consist of staff and faculty (and, at the College's option, students) who receive, at a minimum, annual training in discrimination, harassment, non-consensual sex offenses, dating violence, domestic violence and stalking. The College will make every reasonable effort to appoint individuals from the Standing Judicial Panel to hear cases involving these kinds of allegations.

Please refer to the relevant sections of the Faculty/ Student/Staff Handbook for detailed information on the disciplinary processes. The College endeavors to complete the disciplinary process within 60 days of the date the complaint was referred by the investigator(s).

A complaint against a non-community member (e.g., a visitor to campus, an alum, a vendor or contract employees) will be investigated but no formal policy or procedure applies. The College may opt to ban the non-community member from College property or take other appropriate responsive measures. 

Disciplinary Procedure for Faculty or Staff Respondents

Any complaints against a faculty or staff member under the College's Discrimination, Harassment & Sexual Misconduct Policy will be promptly investigated in accordance with the procedures set forth above. 

Following the investigation, a decision regarding responsibility (and consequences/sanctions, if appropriate) will be made by an appropriate College Official(s).  In most instances, the decision maker(s) will make a decision as to responsibility and, if so, discipline, based on the information contained in the investigation report.  The parties may request to meet separately with the decision maker(s) if the part(ies) believe that additional information is relevant and/or the decision maker(s) may request to meet separately with the part(ies), witnesses or otherwise gather additional information the decision maker(s) feels necessary.  The decision maker(s) will notify the parties in writing as to the outcome of the complaint.    Any faculty or staff member found responsible for violation of this policy will be subject to disciplinary action, up to and including termination. 

A faculty member found responsible for violation of this policy may grieve such decision, including both the finding of responsibility for the violation as well as the discipline imposed, through the Grievance Procedure set forth in Section J of the Faculty Handbook.

Confidentiality

The College will protect the privacy of all individuals to the extent practicable and appropriate under the circumstances. Under some circumstances, it may be possible to protect the identity of complainants who do not wish to be identified. However, in order to conduct an investigation and a disciplinary process, it is often necessary to disclose the identity of the complainant, including to the accused. Decisions with respect to whether a request for confidentiality can be honored will be made by a Responsible Administrator.

Complaints may be made anonymously. However, the nature of anonymous complaints may make the investigation, determination, and remediation more difficult and, at times, impossible.

Records generated in connection with reports, investigations and disciplinary proceedings are maintained in confidential files, and only those with a right and need to know are permitted access.

Retaliation

The College prohibits retaliation against any individual who files a good-faith complaint or assists or participates in good faith in any manner in an investigation or proceeding conducted by the College or an external agency. Any retaliation is subject to disciplinary action, up to and including expulsion/termination. Allegations of retaliation will be subject to the disciplinary procedures noted above for students, faculty, staff and non-community members. Retaliation is against the law.

Amnesty

The health and safety of every student at NYCC is of utmost importance. NYCC 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. NYCC strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to NYCC officials. A student bystander acting in good faith or a reporting individual (including a complainant/victim) that discloses any incident of domestic violence, dating violence, stalking or sexual assault to NYCC's officials or law enforcement will not be subject to NYCC's code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault. Notwithstanding the foregoing, NYCC reserves the right to implement measures to protect the health and safety of patients or others who may be harmed (including but not limited to requiring substance abuse treatment and testing) and will comply with any obligations it may have to provide information to licensing authorities.

Academic Freedom

NYCC is a graduate institution at which academic freedom is necessary and valued. NYCC will not construe this policy to prevent or penalize a statement, opinion, theory, or idea offered within the bounds of legitimate, relevant, and responsible teaching and learning. 

Clery Act Compliance

The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR). Names of individuals involved in incidents are not reported or disclosed in ASRs. In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus. In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/complainant will not be disclosed.

Other Policies

A particular situation may potentially invoke one or more College policies or processes. The College reserves the right to determine the most applicable policy or process and to utilize that policy or process.

Policy Compliance

Designation of Authority

Any person or title authorized by this policy to act or make a decision may designate his/her authority to another when necessary to avoid a conflict of interest or for any other reason.  

Policy Compliance

The Title IX Coordinator has overall responsibility for the College's institutional compliance with Title IX. Assistant and Deputy Coordinators assist the Coordinator. Any person with a concern about the College's handling of a particular matter should contact: 

Jennifer Sessler
Interim Vice President of Enrollment Management
Title IX Coordinator
Associate Vice President of Institutional Effectiveness and Planning 
titleix@nycc.edu, 315-568-3270;

Carol Faivre
Assistant Director of Student Life
Assistant Title IX Coordinator
cfaivre@nycc.edu, 315-568-3047; or

Christine McDermott
Human Resources Manager
Deputy Title IX Coordinator
cmcdermott@nycc.edu, 315-568-3109

In addition to or as an alternative to the College's internal process, or if dissatisfied with the outcome of the College's process, a person may make a complaint to a governmental agency.  These governmental agencies include: 

The U.S. Department of Education, Office for Civil Rights (OCR) is a federal agency responsible for ensuring compliance with Title IX and other federal laws, including Section 504 of the Rehabilitation Act. OCR may be contacted at 400 Maryland Avenue, SW, Washington, DC 20202-1100, (800) 421-3481.  As a general rule, a complaint must be filed with OCR 180 days after the complained of event.  OCR will investigate the complaint and determine if the College is in compliance with federal laws within OCR's jurisdiction.  If OCR finds non-compliance, OCR will ensure that the College returns to compliance.  OCR may require individual remedy for the individual complainant, where appropriate.

The New York State Division of Human Rights (DHR) enforces the Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., which prohibits sexual harassment in employment in New York State, and protects employees, and other individuals working in an employer's workplace. A complaint alleging a violation of the Human Rights Law may be filed either with DHR, subject to a one year statute of limitations, or in New York State Supreme Court, subject to a three year statute of limitations.

The DHR will investigate the complaint to determine if unlawful harassment occurred and if the circumstances amount to a violation of the law.  If unlawful discrimination is found after a hearing, the DHR or the court may award relief, which varies, but may include requiring the employer to take action to stop the harassment, or redress the damage caused, including reversing an unlawful employment action, paying monetary damages, attorneys' fees and civil fines. 

DHR's main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400 www.dhr.ny.gov. The DHR can be contacted at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form and contact information for DHR's regional offices across New York State. 

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An employee must file a complaint with the EEOC within 300 days from the conduct giving rise to the complaint. The EEOC also investigates complaints, but does not hold hearings or award relief. The EEOC may take other action including pursuing cases in federal court on behalf of complaining parties, or issuing a Right to Sue Letter that allows an individual to pursue his/her claims in federal court. Federal courts may award remedies if discrimination is found to have occurred. 

The EEOC can be contacted by calling 1-800-669-4000 (1-800-669-6820 (TTY)), or visiting their website at www.eeoc.gov or via email at info@eeoc.gov If an individual files an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the individual's right to proceed in federal court.

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 judicial or conduct process and/or criminal justice process free from pressure by NYCC;
  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 institution 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 institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  8. Be protected from retaliation by NYCC, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of NYCC;
  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, accused, 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 NYCC.
Campus Climate Survey Results

Campus Climate Survey on Sexual Assault and Sexual Misconduct

New York Chiropractic College conducted a campus climate survey on Sexual Misconduct and Sexual Assault as part of New York State's Enough is Enough (Article 129-B) legislation during January-February 2018. The College used HEDS (Higher Education Data Sharing) Consortium to execute the survey and had a response rate of 21%. The final report provides information from our students on the current campus climate for unwanted sexual contact and sexual assault; incidents of sexual assault; bystander behaviors and insight into their knowledge of policies, services, and resources available.

This survey and subsequent information is a valuable resource, helping NYCC's efforts to protect our students by improving services and educational programming, and increasing awareness. By being as open as possible (within the constraints of confidentiality), the College hopes to create productive community dialogue and reflection. The Title IX officers will continue in their efforts to cultivate an informed community with the goal of supporting a campus culture where all members can flourish academically, professionally, and personally.

View the full report here.

Resources

Documents

Enough is Enough

Resources

Videos