Wagner College’s Statement on Sex Discrimination and Sexual Violence

Updated July 2015

Policy

This policy describes how the College investigates and responds to reports of sex discrimination and sexual violence. It also identifies prohibited behavior, provides guidance and relevant resources to members of the Wagner College community who have been involved in incidents of this nature, and lists Wagner College’s education and prevention efforts.
Wagner College strives to create a respectful, safe, healthy, and non-threatening environment for its students, staff, and faculty. Wagner College prohibits any and all discrimination and harassment on the basis of race, color, national origin, ancestry, religion, sex, sexual orientation including gender identity, marital status, civil union status, age, physical or mental disability, military status, or unfavorable discharge from military service in regard to the administration of educational programs, admission of students, employment actions, athletics or other sponsored activities.
Title IX of the Education Amendments of 1972 states that, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” In compliance with Title IX, the College prohibits discrimination based on sex, sexual harassment, sexual misconduct and sexual violence, as well as retaliation for asserting such claims of discrimination. In accordance with the Violence Against Women Reauthorization Act of 2013, the College prohibits domestic violence, dating violence, sexual assault, and stalking.  When an incident of sex discrimination, sexual violence, sexual harassment, domestic violence, dating violence, sexual assault, or stalking is reported, the College will provide a consistent, caring, and timely response.
Wagner College urges those who believe they have been the victim of an act(s) of sex discrimination and/or sexual violence to pursue all options available relative to resolving the matter. Employees of the College who become aware of an incident of sex discrimination or sexual violence should contact the Director of Human Resources if the situation involves a College employee, the Provost and Senior Vice President for Academic Affairs if the situation involves a member of the faculty, or the Dean of Campus Life Office if students are involved.  If you are unsure what happened to you and are unclear as to whether or not the incident in question is considered sex discrimination or sexual violence, please reach out to any of the College’s Title IX Coordinators (see the section of this policy that lists the Title IX Coordinators and their contact information) and set up a meeting for an initial conversation.
A student who has questions, concerns, or who needs assistance relative to this policy should contact the Dean of Campus Life Office and speak with the Deputy Title IX Coordinator (Dr. Sara Klein) or another Dean during normal business hours at 718-390-3423, or by contacting the Residential Education Supervisor On-Call during evening and weekend hours, accessible through any residence hall front desk or through a Public Safety officer accessible through the Main Gate at 718-390-3148.  Dr. Sara Klein, Deputy Title IX Coordinator, is the main point of contact for Title IX concerns involving students.  She can be reached at 718-390-3423 or at sara.klein@wagner.edu, or can be found in the Dean of Campus Life Office in Union 221.
Complaints by or against College employees (faculty, administration, and staff) should be made to the Director of Human Resources who is also the College's Title IX Coordinator, at 718-390-3280.  The Director of Human Resources is located in House #4, above the Public Safety Office.
If you would like to contact the Office for Civil Rights (OCR) in the U.S. Department of Health and Human Services with a concern, you can find contact information and procedures on their website.
This policy applies to all Wagner College students and employees (faculty, administration, and staff). Students are defined as individuals who have been accepted to Wagner College, or who are registered for the current semester at Wagner College on a full- or part-time basis. Student status continues until an individual graduates, is academically or disciplinarily separated from the College. Wagner College has the authority to address misconduct that takes place on College premises by students, employees, guests, or visitors of Wagner College, as well as off-campus conduct when the behavior may have or has had an adverse impact upon the College community. The jurisdiction of this policy also applies to College-sponsored events, activities, trips, etc., which may occur off campus. The College, at its discretion, may pursue disciplinary action against a student or employee while the student or employee is also subject to criminal proceedings. The College reserves this right even if criminal charges are pending, reduced, or dismissed.
Wagner College Definitions

We hear and use many words to describe sexual violence and other crimes.  These definitions are provided so you can understand the College's definition of these terms.
Sex Discrimination. Includes all forms of sexual harassment, sexual assault, and other sexual violence by employees, students, or third parties against employees, students, or third parties. Students, employees, and third parties are prohibited from harassing others whether or not the harassment occurs on the Wagner College campus or whether it occurs during work hours. Sex discrimination can be carried out by other students, college employees, or third parties. All acts of sex discrimination, including sexual harassment and sexual violence, are prohibited by Title IX.
Sexual Harassment. Unwelcome, gender-based verbal, non-verbal, or physical conduct that is sexual in nature and sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the College’s educational programs and/or activities, and is based on power differentials, the creation of a hostile environment, or retaliation.
Sexual Violence. Physical sexual acts perpetrated against a person’s will or perpetrated where a person is incapable of giving 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 Assault. A physical sexual act or acts committed against another person without consent. Sexual assault is an extreme form of sexual harassment. Sexual assault includes what is commonly known as “rape” (including what is commonly called “date rape” and “acquaintance rape”), fondling, statutory rape and incest. For statutory rape, the age of consent in New York State is 17 years old.
RapeRape is a crime which is a form of criminal sexual assault. Although every state has its own definition of rape, in general, rape is actual or attempted penetration accomplished by threats, coercion, or physical force. It includes nonconsensual vaginal, anal, or oral penetration by penis, finger, or any object. In the following circumstances, actual or attempted penetration is rape, because under NYS law, it is impossible for the following to give consent: individuals who are under the influence of alcohol or other controlled substances; who are physically helpless (including sleeping); who are under the age of 17; who are mentally incapacitated; and/or who are mentally disabled. Men and women, irrespective of sexual orientation, may be either perpetrators or victims.
Domestic Violence. An act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm  to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act.
Dating Violence. Dating violence is violence that occurs between people who know each other: boyfriends and girlfriends or same sex partners whether or not they live together.  The violence may be physical, but it can also include threats, enforced social isolation and/or humiliation, intimidation, harassment, emotional mistreatment, financial control, forced sex or making threats with regard to family, friends, and/or children. Some of the common terms used to describe dating violence are courtship violence, battering, intimate partner violence, and date rape.
Stalking. Stalking is defined as non-consensual communication with, and/or harassment of another person.  It is the willful, malicious and repeated harassing or threatening of another person which, as a pattern, tends to escalate in both intensity and frequency over time and can last for many years. Stalking includes a direct or implied threat, and victims often report fear for their safety. Stalking is about power and control.  Stalkers control the time, type, amount, and place of contact. No matter what the motivation for stalking, the unwanted behaviors are the same and may include, but are not limited to: repeated following, repeated telephone calls and hang-ups; letters; unwanted gifts and packages; spreading harmful gossip about victims; breaking-and-entering that can include vandalism, theft, or even simply rearranging objects so that victims know the stalker was there.  Stalkers may also enlist their friends or associates to help them stalk or have their associates speak with friends of the victim to obtain information.
New York State Crime Definitions

The Violence Against Women Act and its proposed regulations require the inclusion of certain New York State definitions in a campus’s Annual Security Report and also require that those definitions be provided in campaigns, orientations, programs and trainings for employees and students. Definitions required include: consent; dating violence; domestic violence; sexual assault; and stalking.
Consent.  Lack of consent results from: forcible compulsion; or incapacity to consent; or where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor’s conduct. Where the offense charged is rape in the third degree, a criminal sexual act in the third degree, or forcible compulsion in circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood such person’s words and acts as an expression of lack of consent to such act under all the circumstances. A person is incapable of consent when he or she is: less than 17 years old; or mentally disabled; or mentally incapacitated; or physically helpless; or committed to the care and custody of the state department of correctional services, a hospital, the office of children and family services and is in residential care, or the other person is a resident or inpatient of a residential facility operated by the office of mental health, the office for people with development disabilities, or the office of alcoholism and substance abuse services,  and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital.
Consent, Abbreviated.  Clear, unambiguous, and voluntary agreement between the participating individuals to engage in specific sexual activity.
Dating Violence.  New York State does not specifically define dating violence. However, dating violence would include the crimes listed elsewhere in this document when committed by a person in a social relationship of a romantic or intimate nature with the victim. Dating violence includes, but is not limited to, sexual or physical abuse or threat of abuse. It does not include acts covered under the definition of domestic violence.
Domestic Violence.  An act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm  to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act.
Family or Household Member. Person’s related by consanguinity or affinity; Persons legally married to one another; Person formerly married to one another regardless of whether they still reside in the same household; Persons who have a child in common regardless of whether such persons are married or have lived together at any time; Unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; Any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation.
Parent.  Means natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.
Sexual Assault. New York State does not specifically define sexual assault. However, according to the Federal Regulations, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape as used in the FBI’s Unified Crime Reports program.
Sex Offenses; Lack of Consent. Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim.
Sexual Misconduct.  When a person (1) engages in sexual intercourse with another person without such person’s consent; or (2) engages in oral sexual conduct or anal sexual conduct without such person’s consent; or (3) engages in sexual conduct with an animal or a dead human body.
Rape in the Third Degree.  When a person (1) engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) Being 21 years old or more, engages in sexual intercourse with another person less than 17 years old; or (3) engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
Rape in the Second Degree.  When a person (1) being 18 years old or more, engages in sexual intercourse with another person less than 15 years old; or (2) engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense to the crime of rape in the second degree the defendant was less than four years older than the victim at the time of the act.
Rape in the First Degree.  When a person engages in sexual intercourse with another person (1) by forcible compulsion; or (2) who is incapable of consent by reason of being physically helpless; or (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.
Criminal Sexual Act in the Third Degree.  When a person engages in oral or anal sexual conduct (1) with a person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) being 21 years old or more, with a person less than 17 years old; (3) with another person without such persons consent where such lack of consent is by reason of some factor other than incapacity to consent.
Criminal Sexual Act in the Second Degree.  When a person engages in oral or anal sexual conduct with another person (1) and is 18 years or more and the other person is less than 15 years old; or (2) who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense that the defendant was less than four years older than the victim at the time of the act.
Criminal Sexual Act in the First Degree.  When a person engages in oral or anal sexual conduct with another person (1) by forcible compulsion; (2) who is incapable of consent by reason of being physically helpless; (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.
Forcible Touching.  When a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. It includes squeezing, grabbing, or pinching.
Persistent Sexual Abuse.  When a person commits a crime of forcible touching, or second or third degree sexual abuse within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions of one of one of the above mentioned crimes or any offense defined in this article, of which the commission or attempted commissions thereof is a felony.
Sexual Abuse in the Third Degree.  When a person subjects another person to sexual contact without the latter’s consent. For any prosecution under this section, it is an affirmative defense that (1) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than 17 years old; and (2) such other person was more than 14 years old and (3) the defendant was less than five years older than such other person.
Sexual Abuse in the Second Degree.  When a person subjects another person to sexual contact and when such other person is (1) incapable of consent by reason of some factor other than being less than 17 years old; or (2) less than 14 years old.
Sexual Abuse in the First Degree.  When a person subjects another person to sexual contact (1) by forcible compulsion; (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old; or (4) when the other person is less than 13 years old.
Aggravated Sexual Abuse.  For the purposes of this section, conduct performed for a valid medical purpose does not violate the provisions of this section.
Aggravated Sexual Abuse in the Fourth Degree.  When a person inserts a (1) foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old; or (2) finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than 17 years old.
Aggravated Sexual Abuse in the Third Degree.  When a person inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person (1)(a) by forcible compulsion; (b) when the other person is incapable of consent by reason of being physically helpless; or (c) when the other person is less than 11 years old; or (2) causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.
Aggravated Sexual Abuse in the Second Degree.  When a person inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person by (1) forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old.
Aggravated Sexual Abuse in the First Degree.  When a person subjects another person to sexual contact: (1) By forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than eleven years old; or (4) when the other person is less than thirteen years old and the actor is twenty-one years old or older.
Course of Sexual Conduct Against a Child in the Second Degree.  When over a period of time, not less than three months, a person: (1) Engages in two or more acts of sexual conduct with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct with a child less than 13 years old. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charges offense occurred outside of the time period charged under this section.
Course of Sexual Conduct Against a Child in the First Degree.  When a person over a period of time, not less than three months in duration, a person: (1) Engages in two or more acts of sexual conduct, or aggravated sexual contact with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 13 years old.
Facilitating a Sex Offense with a Controlled Substance.   A person is guilty of facilitating a sex offense with a controlled substance when he or she: (1) knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and (2) commits or attempts to commit such conduct constituting a felony defined in this article.
Incest in the Third Degree.  A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.
Incest in the Second Degree.  A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, or criminal sexual act in the second degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.
Incest in the First Degree.  A person is guilty of incest in the first degree when he or she commits the crime of rape in the first degree, or criminal sexual act in the first degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or half blood, uncle, aunt, nephew or niece.
Stalking in the Fourth Degree.   When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or (2) causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.
Stalking in the Third Degree.   When a person (1) Commits the crime of stalking in the fourth degree against any person in three or more separate transactions, for which the actor has not been previously convicted; or (2) commits the crime of stalking in the fourth degree against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) with an intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or (4) commits the crime or stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.
Stalking in the Second Degree.  When a person: (1) Commits the crime of stalking in the third degree and in the course of and furtherance of the commission of such offense: (a) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, sligshot, slungshot, shirken, “Kung Fu Star,” dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapons; or (b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (2) commits the crime of stalking in the third against any person, and has previously been convicted, within the preceding five years, of a specified  predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree; or (4) being 21 years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or (5) commits the crime of stalking in the third degree, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.
Stalking in the First Degree.   When a commits the crime of stalking in the third degree or stalking in the second degree and, in the course and furtherance thereof, he or she intentionally or recklessly causes physical injury to the victim of such crime.
Consent

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 willingness to engage in the sexual activity.  Silence or lack of resistance, in and of itself, does not demonstrate consent.  The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.  Consent to any sexual act or prior sexual activity between or with any party does not necessarily constitute consent to any other sexual act.  Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.  Consent may be initially given but withdrawn at any time.  When consent is withdrawn or can no longer be given, sexual activity must stop.
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 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.
  • It is the result of any coercion, intimidation, force, or threat of harm.
  • A person is mentally impaired.
  • A person is less than 17 years old.
Confidentiality and Privacy

The College will work to safeguard the identities and privacy of complainants who report or seek assistance regarding sex discrimination and/or sexual violence to the extent possible and permitted by law. However, it is important that complainants and respondents understand the limits on confidentiality. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (formerly the Campus Security Act) requires that all College officials with significant responsibility for campus and student activities report any incident of alleged sex discrimination and/or sexual violence, including sexual assault, dating violence, domestic violence and stalking.  However, if the complainant does not wish to be identified, a third party report that does not include the individual’s name must be made.  It is recommended that a complainant or respondent always confirm whether confidentiality applies to their communication of information.
Sanctuaries. Confidentiality applies when services are sought from Sanctuaries.  Sanctuaries can be trusted with secret or private information that will not be shared with anyone else.  Wagner College considers the following people to be Sanctuaries:
  • Center for Health and Wellness Staff
  • Personal Health Care Provider
  • Personal Attorney
  • Religious/Spiritual Counselor, including the Wagner College Chaplain and ordained Chaplain Liaisons
Responsible Employees.  Different from Sanctuaries, but still allowing a level of confidentiality are Responsible Employees. Responsible Employees are any Wagner employees who: (1) have the authority to take action to redress sexual assault or violence; (2) have been given the duty of reporting incidents of sexual assault or violence or any other misconduct by students to the Title IX coordinator or other appropriate school designee; or (3) anyone whom a student could reasonably believe has this authority or duty.  A Responsible Employee must report to the Wagner’s Title IX coordinator (Director of Human Resources) or a Deputy Title IX Coordinator (Sara Klein, Ruta Shah-Gordon, Lily McNair, or Peg Hefferan), or other appropriate College officials all relevant details about the alleged sex discrimination or sexual violence that the student or another person has shared and that the College will need to determine what occurred and to resolve the situation. This includes the names of the alleged perpetrator (if known), the student who experienced the alleged sexual violence, other students involved in the alleged sexual violence, as well as relevant facts, including the date, time, and location.  Due to these obligations, Responsible Employees cannot guarantee full confidentiality or secrecy in the same way as a Sanctuary, but will be as discreet as possible when sharing information with others.  Information provided to a Responsible Employee may be disclosed to appropriate College officials who have an “essential need to know” in order to carry out their College responsibilities.
Wagner College considers the following people to be Responsible Employees:
  • The College’s Title IX Coordinators (listed in this policy)
  • Wagner College Faculty (full- and part-time)
  • Staff in the Dean of Campus Life Office, Office of Residential Education (this includes Resident Assistants and other student employees), Office of Co-Curricular Programs, Center for Academic and Career Engagement, the Center for Intercultural Advancement, and the Center for Leadership and Community Engagement
  • Public Safety Staff
  • Athletics Administrators and Coaches
  • President and Vice Presidents (Senior Staff of the College)
  • Any employee of the College who accompanies a students on an excursion or trip off of the College’s campus is a Responsible Employee for the purposes of that trip
Other College Employees.  All other employees of the College (staff members not mentioned above) are asked to, at a minimum, share general, anonymous information regarding potential incidents of sex discrimination or sexual violence with the Title IX Coordinators.  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 College will do its best to honor a student’s request for confidentiality so long as it does not impact the College’s ability to maintain a safe environment for its students.
Wagner College must balance the needs of the individual student with its obligation to protect the safety and well-being of the College community. Therefore, based on the complaint, additional action may be necessary, including but not limited to, interim suspension, banning from specific areas of campus, housing relocation, class reassignment, instituting a No Communication Order, and campus safety alerts. It is noted that the alert will not contain any information that identifies the student complainant.
How to Report a Concern

Wagner College takes all incidents seriously and has a responsibility to address any form of sex discrimination or sexual violence that is reported.
How to File a Complaint Against a Student.  A student may report an incident to the Dean of Campus Life Office, the Office of Residential Education, or the Office of Public Safety. When sex discrimination or sexual violence involves criminal behavior, students are strongly encouraged to report the incident to the New York Police Department by dialing 911 or by visiting the 120th Precinct at 78 Richmond Terrace in Staten Island. Reporting such incidents to the NYPD can be done with the assistance of a Wagner College staff member. Students are encouraged to utilize the Deputy Title IX Coordinator for students (Dr. Sara Klein, Dean of Campus Life and Engagement) or the Public Safety staff to assist in this process.
A student who experiences or becomes aware of an issue that could be considered sexual assault or sexual harassment while away from the Wagner campus should contact the Dean of Campus Life Office at 718-390-3423.  If a student is studying abroad, an administrator or faculty member who is on-site at your study abroad or study away location, and local authorities (at the discretion of the student) should also be contacted.  Please remember that any incident of sex discrimination or sexual violence that occurs off campus can still be addressed by the College as long as Wagner College students are involved, and if the incident has an adverse impact upon the College community (see Jurisdiction section of the Student Handbook for additional information).
If the respondent is a Wagner College student, students are urged to file a written complaint of sex discrimination or sexual violence with the College. To begin the process, the complainant should contact or visit the Dean of Campus Life Office in Union 221 and meet with the Deputy Title IX Coordinator (Dr. Sara Klein, Dean of Campus Life and Engagement), the Office of Residential Education in Towers Hall B3, or the Office of Public Safety in House 4. Students can pursue a disciplinary complaint with the College without pursuing criminal charges with the New York Police Department; however, the College strongly encourages students to report incidents to both the College and the police.  These are two separate processes.
Specifically, students wanting information regarding sex discrimination or sexual violence are encouraged to speak with Dr. Sara Klein, Dean of Campus Life and Engagement, who serves as the College’s Deputy Title IX Coordinator for students.  Her role is to discuss on- and off-campus resources for complainants, to provide support to complainants as they make decisions regarding their personal wellness, and to assist with reports to College personnel and local authorities.
How to File a Complaint Against an Employee.  Any individual who believes he/she has been discriminated against in violation of Title IX, including sexual harassment or gender discrimination, or who has witnessed discrimination against another, may file a complaint with or obtain information and assistance regarding the College’s policies and processes from any of the College’s Title IX Coordinators (see the full listing of Title IX Coordinators on this website).
Upon receipt of a report, the Title IX Coordinator will conduct an initial Title IX assessment. The assessment will consider the nature of the report, the safety of the individual and of the campus community. If the assessment indicates any risk of harm to an individual, the Title IX Coordinator, along with the Director of Public Safety, may take the necessary steps to address those risks.
Options for Student Complainants. The options that are provided to reporters of sex discrimination and/or sexual violence include, but are not limited to:
  • See an on-campus counselor at Wagner College’s Center for Health and Wellness or see a private counselor
  • Go to the hospital for a forensic rape kit
  • Get a medical exam at Wagner College’s Center for Health and Wellness
  • See a private physician
  • Get tested for STIs, HIV, and/or pregnancy
  • Request that a No Communication Order be issued by Wagner College
  • File a report at Wagner College so that the incident can be adjudicated through the College’s conduct process
  • File a report with the New York Police Department (NYPD)
  • Pursue an Order of Protection through the NYPD
  • Move your room in the residence halls
  • Change your class schedule
  • Have the Dean’s Office communicate with your professors
While it is the final prerogative of the complainant to make decisions regarding a course of action, Wagner College strongly encourages complainants to make a full report in order to ensure that all resources can be made available, as well as to maintain the widest range of options through which to pursue action. Students are also encouraged to report incidents of or share information about sex discrimination or sexual violence as soon as possible after the incident. Although there is no time limit on initiating a report of an incident with the College, it should be noted that the College may ultimately be limited in the action it can take if significant time has elapsed between the occurrence of the incident and the date of reporting.
The Conduct Process for Students

The College is committed to procedures that provide fair and prompt investigation and resolution of reports of sex discrimination and sexual violence, and is committed to educating the campus community about the importance of responding to all forms of sex discrimination and sexual violence. Emphasis is placed on the rights, responsibilities, needs and privacy of the student complainant and the rights of the respondent. The College adheres to all federal, state and local requirements for intervention and crime reporting related to sex discrimination and sexual violence.
Any person may file a complaint against a student who they believe has violated the College’s Community Standards (see full list of Community Standards in Student Handbook), which includes acts of sex discrimination and/or sexual violence. The complaint must be prepared in writing, signed, and submitted to the Dean of Campus Life Office, the Office of Residential Education, or the Office of Public Safety. All complaints should be submitted as soon as possible after the event takes place. A parent or third party may not file a report on behalf of a complainant of sex discrimination or sexual violence.  Should the College receive notice of an alleged violation of the sex discrimination or sexual violence policy by a third party, the College will make every effort to contact the alleged complainant to determine if that individual would like to file a formal complaint. Additionally, support and resources will be offered to the student complainant and to the student accused of sex discrimination or sexual violence.
Once a report is filed, the complainant must give verbal and written consent to the Dean of Campus Life Office to move forward with any on-campus process.  The Dean's Office reserves the right to issue a No Communication Order between the involved students even if the complainant does not request or consent as a measure to deter the respondent from retaliation, should the Dean’s Office deem this necessary.  If and when a No Communication Order is issued, all of the involved students will be informed of the Order in person and will also be emailed a copy for their records. Both the complainant and the respondent will be advised of their rights as well as resources and support that the College can provide throughout the process. An impartial investigation will be conducted as quickly as possible by the Dean of Campus Life and Leadership or designee and the Director of Public Safety. If a determination is made that an alleged violation of the College’s Community Standards may have occurred, the College may initiate disciplinary proceedings against the student.
Both the complainant and the respondent have the same opportunity for access to information that will be used at a disciplinary hearing. Both parties are also entitled to appeal the outcome of a case in accordance with the College’s appeal process. Every effort will be made to resolve a complaint in a timely fashion. Complaints will be resolved within 60 days of being reported, unless outside legal action extends the College’s timeline. Students who are involved in an incident that has occurred off-campus can either contact the law enforcement agency in the jurisdiction where the incident took place by dialing 911, or they may contact the Dean of Campus Life Office, the Office of Residential Education, or the Office of Public Safety, all of whom can assist the student with filing a report with the appropriate law enforcement agency. Criminal, civil, and College disciplinary processes will be available to a student complainant and enforced against a person found to have engaged in the prohibited behavior.
Individuals who file complaints will be informed of all steps the College may take to address the initial incident, as well as prevent recurrence of the misconduct from taking place in the future. The respondent and the complainant are entitled to the same opportunities to have others present during a campus disciplinary proceeding (an Initial Conference or a Community Standards Review Board), as well as a right to appeal the outcome (see the Community Standards section of the Student Handbook for a complete list of rights for both parties). Also, both the complainant and respondent shall be informed in writing of the outcome of any institutional disciplinary proceeding regarding an alleged violation of the sex discrimination and sexual violence policy. In all cases, any information available to the Community Standards Review Board or Hearing Officer will be considered.
A preponderance of the evidence standard will be used to determine if the student is responsible for the alleged violation or not. Cases involving sex discrimination or sexual violence are not eligible for mediation, based on recommendations by the Office for Civil Rights.
The complainant has the right to withdraw a complaint or withdraw from involvement from the conduct process at any time.
Support for Student Complainants. A student complainant seeking support or advice regarding an incident of sex discrimination or sexual violence should contact a representative from the Dean of Campus Life Office, specifically Dr. Sara Klein, Dean of Campus Life and Engagement, who serves as the point person for all student concerns related to sex discrimination and sexual violence. She can be reached at 718-390-3423 or in her office in Union 221.  Dr. Klein is available to serve as a student advocate, to accompany the complainant to the hospital or when reporting the incident to the police, and to assist with the coordination of services. If appropriate, the student should immediately obtain medical treatment for injuries, sexually transmitted diseases, and pregnancy. A medical exam to preserve evidence of rape must be completed within 72 hours of a sexual assault if a student wishes to pursue this option.  Dr. Klein, along with the Office of Residential Education, will assist the student in securing a safe place to live. If the student lives on campus, she/he may be offered a room reassignment or change in her/his living situation. The Director of Residential Education and/or on-call staff will be contacted in order to identify a temporary or permanent reassignment. A reassignment request will be given highest priority.
If the complainant chooses to go through the student conduct process, the complainant will be encouraged to seek advice and resources from the Title IX Coordinators and Dean of Campus Life Office.  Both the complainant and the respondent are entitled to the same opportunity for access to information that will be used at the hearing, to present relevant witnesses and other information, and to have an advisor of choice present during the hearing. Confidential medical/counseling records and information regarding the victim’s sexual history will not be provided to the respondent and are not admissible at any disciplinary proceeding. Both parties have the right to appeal the outcome of a hearing. Counseling and/or support is also available at no charge to both students through the College’s Center for Health and Wellness.  See the Community Standards Review Board section of the Student Handbook for additional information.
Support for Student Respondents. It must be recognized that the accused in a College disciplinary investigation has certain rights, as outlined in the College’s Community Standards. A presumption of responsibility for a violation is not made as the result of any allegation(s). In the event that a student is accused of an act(s) of sex discrimination or sexual violence and a disciplinary complaint is submitted, this student will be encouraged to seek advice and resources from the Dean of Campus Life Office.  Both the complainant and the respondent are entitled to the same opportunity for access to information that will be used at the hearing, to present relevant witnesses and other information, and to have an advisor of choice present during the hearing. Confidential medical/counseling records and information regarding the victim’s sexual history will not be provided to the respondent and are not admissible at any disciplinary proceeding. Both parties have the right to appeal the outcome of a hearing. Counseling and/or support is also available at no charge to both students through the College’s Center for Health and Wellness.  See the Community Standards Review Board section of the Student Handbook for additional information.
Advisor of Choice. Any complainant or respondent involved in a sex discrimination and/or sexual violence case is entitled to have an advisor of choice present during any and all aspects of the process, including individual meetings with College administrators, as well as during a hearing or Community Standards Review Board.  The advisor of choice takes on the role of a support person during a hearing.  A student must speak on his or her own behalf; support persons should be silent throughout the hearing but may communicate in writing with the student for whom they are providing support. Students wishing to have a support person must inform the Dean of Campus Life and Engagement at least 24 hours in advance of the Review Board. It is the responsibility of the student to inform the support person of the date, time and place of the Review Board. A Review Board will not be canceled or postponed due to a support person’s inability to accompany a student. Inappropriate behavior exhibited by a support person, including speaking during the proceedings, acts of aggression or intimidation, attempts to sway a review official’s decision or attempts to postpone or delay proceedings, may result in his or her dismissal from the proceedings at the discretion of the Chairperson.
The College offers a trained support person if a student wishes to utilize this resource.  A trained support person is available to both the complainant and respondent upon request from the Dean of Campus Life Office.  This person can provide informal emotional support, and can assist a student through the preparation for and process of the Community Standards Review Board.
Amnesty. The health and safety of every student at Wagner College is of utmost importance.  Wagner 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.  Wagner College strongly encourages students to report domestic violence, dating violence, stalking or sexual assault to campus officials. A bystander acting in good faith, or a victim/survivor who discloses an incident of domestic violence, dating violence, stalking, or sexual assault to Wagner College officials or law enforcement will not be subject to the College’s student conduct process 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.
False or Malicious Complaints. The use of this policy for false or malicious purposes is strictly prohibited. Anyone who brings forth false or malicious allegations of sex discrimination or sexual violence against another member of the College community may be subject to disciplinary action. An individual who brings a reasonable charge of sex discrimination or sexual violence in good faith, even if it may be erroneous, will not be subject to discipline.
Retaliation.  Students are encouraged to express their feelings in a responsible manner regarding incidents of sexual harassment. Any member of the College community who attempts to interfere, restrain, coerce, discriminate against, or harass (whether overtly or covertly) any individual responsibly pursuing a complaint of sex discrimination or sexual violence will be subject to prompt and appropriate disciplinary action.
Time Frame.  While the College seeks to resolve all Title IX claims in 60 days, circumstances may arise that require the extension of said time frame. Such circumstances may include the complexity of the allegations, the number of witnesses involved and their accessibility, school breaks or vacation, or other unforeseen circumstances.  Our standard time frame is explained in more detail in the Community Standards Review Board section of the Student Handbook.
The Conduct Process for Faculty and Staff

Scope and Jurisdiction.  This policy applies to all Wagner College employees, which includes all full- and part-time faculty, administrators, and staff.  The College has the authority to address misconduct that takes place on College premises, any College sponsored events, activities, and trips that may occur off campus.
Investigation Process.  Following the initial assessment after receiving a report, the Title IX Coordinator may refer the matter for investigation. The investigation is designed to provide a fair and reliable gathering of the facts. The investigation will be thorough, impartial, and fair, and all individuals will be treated with appropriate sensitivity and respect. The individual(s) conducting the investigation shall have specific training and experience investigating allegations of sexual discrimination, misconduct and harassment.  At the conclusion of the investigation, the investigator(s) will prepare a report setting forth the facts gathered, which will be forwarded to the Title IX Coordinator. Should the investigation find that there is sufficient indication of a violation of Title IX, the disciplinary process that would follow would be determined by the relationship of the respondent (faculty, staff, administrator) to the College.  Each process is guided by the same principles of fairness and respect for all parties.
Advisor of Choice. Any complainant or respondent involved in a sex discrimination and sexual violence case is entitled to have an advisor of choice present during any and all aspects of the process, including individual meetings with College administrators, as well as during an investigation or hearing process.  The advisor of choice takes on the role of a support person.  An employee must speak on his or her own behalf; support persons should be silent throughout the investigation and hearing process, but may communicate in writing with the employee for whom they are providing support.  It is the responsibility of the employee to inform the advisor of choice of the date, time and place of the any relevant meetings or hearings. A hearing will not be canceled or postponed due to the inability of an advisor of choice to accompany an employee. Inappropriate behavior exhibited by an advisor of choice, including speaking during the proceedings, acts of aggression or intimidation, attempts to sway a review official’s decision or attempts to postpone or delay proceedings, may result in his or her dismissal from the proceedings at the discretion of the Director of Human Resources.
Retaliation.  Any member of the College community who attempts to interfere, restrain, coerce, discriminate against or harass any individual responsibly reporting a claim of sex discrimination or sexual violence shall be subject to prompt and appropriate disciplinary action.
Time Frame.  While the College seeks to resolve all Title IX claims in 60 days, circumstances may arise that require the extension of said time frame. Such circumstances may include the complexity of the allegations, the number of witnesses involved and their accessibility, school breaks or vacation, or other unforeseen circumstances.
Title IX Coordinators

The following administrators serve as Wagner College's Title IX Coordinators.  They serve as resources for the campus about sex discrimination and sexual violence education and prevention, and anyone reporting an incident of sex discrimination or sexual violence may contact any of the Title IX Coordinators.
Title IX Coordinator
TBD, Director of Human Resources
Phone: 718-390-3280   Office Location: House 4 (above Public Safety)   Email: TBD
Deputy Title IX Coordinator/Sexual Misconduct Response Coordinator for Students
Sara Klein, Dean of Campus Life and Engagement
Phone: 718-390-3423   Office Location: Union 221   Email: sara.klein@wagner.edu
Deputy Title IX Coordinator
Ruta Shah-Gordon, Assistant Vice President for Campus Life & Internationalization
Phone: 718-390-3181   Office Location: Union, 3rd Floor   Email: rshahgor@wagner.edu
Deputy Title IX Coordinator
Peg Hefferan, Associate Athletic Director and Senior Women’s Administrator
Phone: 718-390-3431   Office Location: Spiro Sports Center, 2nd Floor   Email: pheffera@wagner.edu
Deputy Title IX Coordinator
Lily D. McNair, Provost and Senior Vice President for Academic Affairs
Phone: 718-390-3211   Office Location: Union 4th Floor   Email: lily.mcnair@wagner.edu
Education & Prevention

Wagner College is committed to education and increasing awareness of students, faculty, and staff about preventing incidents of sex discrimination and sexual violence. The Title IX Coordinators are responsible for coordinating the College’s sex discrimination and sexual violence education and prevention program in collaboration with the Center for Health and Wellness, which coordinates the Peer Education Program.
Education and prevention resources and opportunities at Wagner College include:
  • Wagner College’s Title IX Coordinators
  • The Dean of Campus Life Office, the Office of Residential Education, and the Center for Health and Wellness distribute sexual violence prevention materials and information.
  • AlcoholEDU and Haven modules are required for all new students (as of Fall 2015).
  • A ‘Step Up Bystander Intervention Training’ is available for any campus group or office. Contact the Dean of Campus Life Office for additional information.
  • The staff members in the Division of Campus Life and in Public Safety, including the undergraduate Resident Assistants, are trained in sexual assault response and prevention.
  • The Red Riding Hood Project is a non-profit organization with a chapter on the Wagner College campus that exists to create a community that can provide security, awareness, and empowerment to women by advocating for policy change, providing resources, and basically giving women the power, voice and kick-ass abilities to protect themselves and their fellow sisters.
  • The Healthy Relationships Peer Education group, which offers an educational sexual assault prevention workshop free of charge to anyone in the Wagner community.
  • Educational programming is conducted within the Wagner College residential communities.
  • Two annual student-run events that address issues of sexual assault are the Vagina Monologues and Take Back the Night.
Resources & Services

There are campus and community resources and services available to students, faculty and staff even if College or criminal reports are not made. The College strongly encourages complainants to seek assistance to care for themselves emotionally and physically through confidential crisis intervention, health care, and counseling. Complainants should keep in mind that medical examinations are time-sensitive and critical in preserving evidence of sexual violence, so those options must be exercised as soon as possible.
Wagner College Resources & Services
 
Local Resources & Services
 
Helpful Apps
  • Circle of Six is an app that prevents violence before it happens. It helps you connect to your friends quickly so you can stay close, stay safe, and keep you connected. The app allows you to call or text a close group of confidantes with a subtle press of a button. Circle of Six is designed for college student safety and we highly recommend that Wagner students use it!
  • Love is Not Abuse is an app that mimics the persistent, repetitive texting and calling typical of an emotionally abusive partner. If it reminds you of your own relationship (or a friend's), you know to get help.
  • Loveisrespect.org allows you to text, chat, or call 24/7 for support.
  • Kitestring is an app that asks you to check in before you go out, checks in on you via text, and sends your emergency contacts an automated message if you do not respond to the text.
 
Helpful Websites
  • Notalone.gov is a website that provides resources for students about how to prevent and respond to sexual assault on college campuses.
  • Aclu.org is a website that provides information about your rights as it relates to Title IX.
  • Knowyourix.org is a national survivor-run, student-driven campaign to end campus sexual violence.
  • Rainn.org is the nation’s largest anti-sexual assault organization.
To Reduce the Risk of Sexual Assault

Respond assertively. Communicate any discomfort you feel with another person’s behavior. Don’t make excuses. Trust your instincts.
Don’t isolate yourself with someone you just met.  Always have a safe way to get home. Don’t sleep over because you can’t get home. Especially don’t isolate with someone who tries to get too close quickly, enjoys your discomfort or someone who doesn’t listen or respond when you say “NO.”
Buddy up.  Keep an eye out for your friends.  If you are going out to socialize, go with friends and only leave once everyone is accounted for.
Avoid drunk sex.  Limit your alcohol consumption so that you can protect yourself, prevent aggressive behavior under the influence or help a friend who may need you.
Believe in your right to set sexual limits for yourself.  Learn how to communicate these limits and how to assert yourself by saying “NO” convincingly when you mean “NO” and “YES” when you mean “YES.”
Believe in another person’s right to say “NO”.  Be aware of the effect peer pressure has on your decision here. Remember it’s okay not to have sex. Accept that “NO” means “NO.”
Remember active, affirmative consent is necessary every time you have sexual contact with someone.  Don’t assume previous permission for sexual contact applies to the current situation (especially when a person is asleep or drunk).
Don’t assume behavior is a signal for sex. Thinking someone wants sex is not the same as knowing for sure. Be sure. Communicate.
To Reduce the Risks and Warnings of an Abusive Relationship

Listen to yourself if you are sensing “bad vibes,” especially if you are feeling down on yourself or find yourself afraid in a relationship. Trust your instincts.
Know that even one instance of physical, verbal, or emotional violence is dating violence.
Cruelty or physical violence to other people, animals, or you, even if it happens just once, is a sure sign that more abuse is to come.
Be alert to actions that reduce your personal independence and self-control, such as urging you to give up existing friendships or family connections, telling you either what to wear, or what to say or who to hang out with.
Be alert to signs of jealousy and/or possessiveness. These are signs of insecurity, not love.
Seek assistance from professionals who can help you learn more about abusive relationships and to explore options that are available to you.
To Reduce the Risks of Stalking

If you are in immediate danger, call 911.
Do not ignore any threat. Immediately report any instance of stalking to Public Safety. Trust your instincts.
Keep evidence of any threat or instance of stalking. Keep a daily journal containing information on time, date, and place of each instance, and keep it all in a safe and confidential place. Keep emails, phone messages, letters, and notes.
Don’t downplay a sense of danger by thinking “it will just go away.” If you feel unsafe, you probably are. Stalking behavior typically does not just stop.
Tell family, friends, roommates, and co-workers about the stalking and seek their support.
Limit the distribution of personal information, including home address and phone numbers, and be wary of any person who seeks to obtain too much personal information about you too quickly. Be careful about what you choose to post on public Web platforms, such as Facebook. Fully shred all personal information before disposing of anything in the trash.
Maintain quick access to critical telephone numbers and the location of safe places.
Seek assistance from law enforcement and/or qualified professionals who can help you with safety strategies that are appropriate to your individual circumstance, including assistance with obtaining court issued orders of protection.
HEDS Campus Climate Survey

As part of Wagner College's commitment to assessing and addressing issues of sexual violence, we are asking members of the Wagner College community to participate in a brief, confidential, online survey (a link to the survey was emailed to members of the Wagner community). The survey considers issues such as unwanted sexual contact and sexual assault, students’ perceptions of how Wagner College addresses and responds to sexual assault, and whether and how often students have experienced unwanted sexual contact or sexual assault.
Information collected through the survey will allow Wagner College to enhance policies, programs, support and services as well as to benchmark our efforts against national peers.  Wagner College is encouraging broad participation to provide results that allow the institution to focus on programs and resources that will be most helpful to our community.  We expect results to be publicly available in fall 2015.
Click here for a list of Frequently Asked Questions about the survey.