Wagner College’s Statement on Sex Discrimination and Sexual Violence

Wagner College is committed to stopping sex discrimination and sexual violence on our campus.

We work with all members of the Wagner community to create policies that can be understood by all. We review these policies on a yearly basis to meet New York state law, federal regulations, and best practices. We encourage any student who has experienced any form of sex discrimination to report it and to seek help from the College. We publish annual reports about all reported incidents, not just to comply with state and federal laws, but because we believe that transparency will lead to positive change.

The College also engages in thoughtful educational initiatives with our students and our employees. Even before our new students arrive on campus, they are required to participate in educational programs to prevent sexual assault. This training for students and employees continues throughout each academic year. Offices including Human Resources, Co-Curricular Programs, Health and Wellness, Residential Education, Athletics, Intercultural Advancement, the Center for Spirituality, the Dean of Campus Life’s Office, and the Student Government host speakers and sponsor programs to educate the community about sexual assault prevention.

You can start your own educational process now. Read Wagner’s full policy on sex discrimination and sexual assault below, and review Campus Safety’s “Tips for Preventing Sexual Assault.”

Updated August 1, 2024

This policy describes how the College investigates and responds to reports of sexual misconduct, 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.
Federal and State Policies on Sex Discrimination and Sexual Misconduct
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. For more information on the College’s Title IX policy and process, see Title IX Policy. 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.
New York State Educational Law Article 129-B is the implementation by New York State colleges and universities of sexual assault, dating violence, domestic violence and stalking prevention and response policies and procedures. The provisions of Article 129-B shall apply regardless of whether the violation occurs on campus, off campus, or while studying abroad.
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 Title IX Coordinator.  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.
Jurisdiction to Determine Title IX Grievance or Non-Title IX Sexual Misconduct Grievance
  1. Once a report is submitted to the Title IX Coordinator, the Title IX Coordinator reviews the report.
  2. If the complainant would like to make a formal complaint, the Title IX Coordinator will review supportive measures as appropriate.
  3. For a report to be processed under the Title IX Grievance process (see Title IX policy):
    1. Conduct is alleged to have occurred in the United States on or after August 14th, 2020
    2. Conduct is alleged to have occurred in Wagner College’s education program or activity; and
    3. If alleged conduct constitutes: (1) quid pro quo harassment by an employee, (2) severe, persistent, and objectively offensive sexual harassment, or (3) sexual assault, domestic violence, dating violence, or stalking
  4. If the alleged conduct does not meet the conditions for the Title IX Grievance process, the alleged conduct may be processed through Non-Title IX Sexual Misconduct Policy under the Code of Conduct process (see below)
Please review the Title IX Grievance Policy and the Non-Title IX Sexual Misconduct Policy for additional information.
An employee who has questions, concerns, or who needs assistance relative to this policy should consider contacting:
  • Jazzmine Clarke-Glover, DBA: Title IX Coordinator, Chief of Staff/Vice President (j.clarke-glover@wagner.edu, 718-390-3187; Union, 4th Floor)
A student or employee who has questions, concerns, or who needs assistance relative to this policy should consider contacting:
  • Jazzmine Clarke-Glover, DBA: Title IX Coordinator, Chief of Staff/Vice President (j.clarke-glover@wagner.edu, 718-390-3187; Union, 4th Floor)
  • Ruta Shah-Gordon, PhD: Deputy Title IX Coordinator, Vice President for Enrollment and Campus Life (rshahgor@wagner.edu, 718-420-4254; Union 3rd Floor)
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.
Coordination with Other Policies
 A particular situation may potentially invoke one or more Wagner College policies or processes.  The College reserves the right to determine the most applicable policy or process and to utilize that policy or process.
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.
Advisor of Choice. An advisor of choice is a person selected by the Complainant or Respondent to advise and accompany the Complainant or Respondent throughout the investigation and adjudication process. An advisor of choice may be any person, including an attorney. The institution does not appoint or pay for an advisor of choice. An advisor of choice’s role is limited to the functions further described in this policy.
Institution Advisor. A Complainant or Respondent who does not opt to be accompanied by an advisor of choice at a hearing is entitled to be appointed an advisor by the College at no charge to the party.
Complainant. The term Complainant refers to the person who allegedly experienced the sexual misconduct in violation of the policy whether or not a formal complaint is filed.
Respondent. The term Respondent refers to the person alleged to have committed a violation of this policy.
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 not covered by Title IX. 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 under this policy.
Sexual Harassment. Unwelcome, gender-based verbal, nonverbal, 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 harassment that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity would fall under the College’s Title IX policy. Sexual harassment that does not meet the Title IX standard may fall under this policy.
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. To be governed by this policy, the complaint must not be covered by Title IX.
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. To be governed by this policy, the complaint must not be covered by Title IX.
Rape.Rape 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. To be governed by this policy, the complaint must not be covered by Title IX.
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 of breathing 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. To be governed by this policy, the conduct must not be covered by Title IX.
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. To be governed by this policy, the complaint must not be covered by Title IX.
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. To be governed by this policy, the complaint must not be covered by Title IX.
Bystander.  A person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of the College.
Consent. The term “consent” always refers to “affirmative consent” (defined below).
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.
Title IX Coordinator. The designated college official with primary responsibility for coordinating the college’s compliance with Title IX. This individual provides leadership for Title IX activities; offers consultation, education, and training; and helps to ensure that the college responds appropriately, effectively, and equitably to all Title IX issues.
Deputy Title IX Coordinator. Individual responsible for supporting the Title IX coordinator and accessible to any community member for consultation and guidance. A deputy coordinator is housed in the Campus Life, Athletics, and Residential Education.
The Violence Against Women Act and its proposed regulations require the inclusion of certain New York State definitions in a campus’ 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 developmental 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 of breathing 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 person’s 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 of 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, sandbag, sandclub, slingshot, 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 an individual 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.
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 the institution
  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 the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution
  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
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution
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.  Sanctuaries are not required by law to report known incidents of sexual assault or other crimes to institution officials. Wagner College considers the following people to be Sanctuaries:
  • Center for Health and Wellness Licensed Practitioners (Nurse Practitioners, Nurses, Counselors)
  • Personal Health Care Provider
  • Personal Attorney
  • Religious/Spiritual Counselor
 
Responsible Employees.  Different from Sanctuaries, but still allowing a level of privacy are Responsible Employees.  Privacy is offered by these individuals who are unable to offer confidentiality under the law, but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with applicable laws, including informing appropriate institution officials.  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 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 all employees, with the exception of the Sanctuaries listed above, to be Responsible Employees.
 
Safety Measures. 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.
Wagner College takes all incidents seriously and has a responsibility to address any form of sex discrimination, sexual misconduct,  or sexual violence that is reported.
  1. A complainant that is currently participating in or attempting to participate in Wagner College programs (employee, student, applicant, etc.) can submit a formal complaint to the Title IX Coordinator or designee.
    1. The Title IX Coordinator, or designee, will provide supportive measures as appropriate, in addition to determining jurisdiction (Title IX Grievance or Non-Title Sexual Misconduct Grievance Process)
  2. Complainants are also encouraged to report incidents to the New York Police Department by dialing 911 or by visiting the 120th Precinct at 78 Richmond Terrace on 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. Ruta Shah-Gordon) or the Public Safety staff to assist in this process.
    1. Students can pursue a disciplinary complaint with the College without pursuing criminal charges with the New York State Police or the New York City Police Department; however, the College strongly encourages students to report incidents to both the College and the police. These are two separate processes.
  3. 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 this policy 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).
  4. A parent or third party may 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.
 
 
Amnesty for Reporting Individuals. The health and safety of every student at Wagner College is of utmost importance. 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. College strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to College officials or law enforcement will not be subject to the College’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.
 
Options for Reporting Individuals. The options that are provided to reporters of sex discrimination and/or sexual violence include, but are not limited to:
  • Have emergency access to a Title IX Coordinator for the purposes of disclosing a concern (through the Residential Education or Public Safety on-call systems)
  • The opportunity to disclose the incident to Human Resources if the concern involves a College employee
  • 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 applicable College conduct process
  • File a report with the New York Police Department (NYPD), New York State Police, or Wagner College Public Safety
  • Pursue an Order of Protection through local law enforcement agencies (NYPD)
  • Seek services and support from the Office for Victim Services
  • Receive assistance from the College in initiating legal proceedings in family court or civil court
  • Move your room in the residence halls
  • Change your class or work schedule
  • Ask the Dean’s Office to communicate with your professors
  • Withdraw a complaint or involvement from the institutional process at any time
 
All of the relevant  options are explained to a reporting individual and coordinated by a Title IX Coordinator. While it is the final prerogative of the reporting individual to make decisions regarding a course of action, Wagner College strongly encourages all reporting individuals 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. All reporting individuals  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. Options for respondents throughout the investigation, adjudication, and appeals processes are outlined in the Community Standards Review Process.
 
Nondiscrimination Policy
Wagner College does not discriminate on the basis of sex and prohibits sex discrimination in any Education Program or Activity that it operates, as required by Title IX, including in admission and employment. 
 
Notice of Nondiscrimination
The College does not discriminate on the basis of sex and prohibits discrimination in any Education Program or Activity that it operates, as required by Title IX and its regulations, including in admission and employment.
 
Inquiries about Title IX may be referred to the College’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. The College’s Title IX Coordinator is Jazzmine Clarke-Glover, Union, 4th Floor, j.clarke-glover@wagner.edu, (718) 390-3187. 
The College’s nondiscrimination policy and grievance procedures can be located on the Wagner College Website (see below).
To report information about conduct that may constitute discrimination or make a Complaint of discrimination under Title IX, please refer to Wagner College Website (see below).
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
Jazzmine Clarke-Glover, Chief of Staff/Vice President 
Phone: 718-390-3280   Office Location: Union, 4th Floor  Email: j.clarke-glover@wagner.edu
Deputy Title IX Coordinator
Ruta Shah-Gordon, Ph.D., Vice President Enrollment and Campus Life 
Phone: 718-390-3181   Office Location: Union, 3rd Floor   Email: rshahgor@wagner.edu
Deputy Title IX Coordinator
Madison Bonamo, Senior Associate Athletic Director - Finance/SWA
Office Location: Spiro Sports Center, 2nd Floor Email: m.bonamo@wagner.edu
Wagner College complies with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and makes available information on campus security and personal safety. This includes information on crime prevention, public safety, law-enforcement authority, crime reporting polices, disciplinary procedures, and other important matters about security on campus. Also available are statistics for the three previous calendar years on reported crimes that occurred on campus, in certain off-campus buildings or property owned or controlled by Wagner College, and on public property within or immediately adjacent to and accessible from the campus. The Wagner College Public Safety Office will provide upon request all campus crime statistics as reported to the United States Department of Education.
Wagner College complies with the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended. FERPA is designed to protect the privacy of educational records, to establish the rights of students to inspect and review their educational records, and to provide guidelines for the correction of inaccurate and misleading data. The College is permitted to provide directory information without the student’s consent unless she or he requests, in writing, that such information not be disclosed. Students also have the right to file complaints with The Family Educational Rights and Privacy Act Office (FERPA) concerning alleged failures by Wagner College to comply with the Act. Copies can be obtained from the Office of the Registrar. It is also printed in the Student Handbook and the College Bulletin, and can be found on the Registrar web page. Questions concerning the Family Educational Rights and Privacy Act may be directed to the Registrar's Office. At Wagner College, the following is considered "Directory Information" and will be made available to the general public: Student's name, local address/phone, permanent address/phone, cell phone, e-mail address, date and place of birth, hometown, college major, minor and/or concentration, honors, awards, classification, enrollment status (full- or part-time), dates of attendance (current and past), degrees conferred, dates of conferral, graduation distinctions, participation in officially recognized activities and sports, weight and height of members of athletic teams, and the institution attended immediately prior to admission. Under the provisions of the Family Educational Rights and Privacy Act of 1974, as amended, the student may request that directory information be kept confidential by completing a form obtained from the Registrar’s Office. Annual notification and renewal of FERPA and Directory Information is sent to the student via email prior to the beginning of the academic year. Students are required to complete the necessary information before the end of the Drop/Add period. Further information on Wagner’s policy and procedures on compliance with FERPA can be obtained from the Registrar, Cunard Hall.
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 Sexual Assault Prevention modules are required for all new students (as of Fall 2015).
  • Refresher modules in AlcoholEDU and Sexual Assault Prevention are required for all returning students (as of Fall 2017).
  • 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.
  • Educational programming is conducted within the Wagner College residential communities.
  • Examples of student-run events that address issues of sexual assault are the Vagina Monologues and Take Back the Night.
 
Title IX Grievance Policy
The Non-Title IX Grievance Process is conducted under the Community Standards Review Process.
Non-Title IX Grievance Policy
Policy for Accommodating Pregnancy (2024).docx
For the purposes of compliance with section 106.45 of the Title IX Final Rules, this website includes all training materials created by the Student Conduct Institute for our member institutions to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process in Title IX compliance and practices.
 
 
 
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.
  • 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.
  • Companion is an app that lets lone travelers connect with family, friends, or public safety departments to track them on their journey and be alerted should trouble arise.
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.
  • Loveisrespect.org allows you to text, chat, or call 24/7 for support.
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.
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.
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.
As part of Wagner College's commitment to assessing and addressing issues of sexual violence, we periodically ask members of the Wagner College community, via email, to participate in a brief, confidential, online survey. 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 allows Wagner College to enhance policies, programs, support and services as well as to benchmark our efforts against national peers. Wagner College encourages broad participation to provide results that allow the institution to focus on programs and resources that will be most helpful to our community.  
Wagner College is committed to learning about our students’ perceptions of our campus climate for unwanted sexual contact and sexual assault, how Wagner responds to sexual assaults, and whether and how often they have experienced unwanted sexual contact or sexual assault.  Therefore, Wagner College participated in the Higher Education Data Sharing (HEDS) Consortium Sexual Assault Climate Survey in 2017.  We are sharing the results in order to engage the campus community in informed discussion about how to address this complex and difficult issue.
Survey Information
  • Online instrument developed by the Higher Education Data Sharing (HEDS) Consortium.
  • Data Collection in Fall 2022
  • Responses were Anonymous
  • All demographic information was voluntarily self-reported; therefore, not all counts add up to the total who responded.
  • 194 undergraduate and 34 graduate students completed the survey (a 12% response rate for all Wagner students and 10% for undergraduates).
What we Learned
  • 93% of undergraduate respondents reported that they received information what sexual assault is and how to recognize it
  • 88% of undergraduate respondents reported receiving information on actions they can take to help prevent sexual assault
  • Both men and women experience unwanted sexual contact or assault.  However, women are much more likely to experience it and experience it more frequently.
  • Unwanted sexual contact and sexual assault continues to be a serious problem on college campuses and at Wagner College.
 
Wagner College
  2017 2020 2022
What is sexual assault and how to recognize it?
Yes 72% 90% 93%
Recognizing actions you can take to prevent sexual assault, such as bystander intervention, clear communication with a potential partner, or some other action
Yes 71% 86% 87%
Unwanted verbal behaviors
“sometimes” 29% 20% 14%
“often” or “very often” 10% 7% 5%
Unwanted nonverbal behaviors
“sometimes”  13% 10% 6%
“often” or “very often” 3% 3% 2%
Unwanted brief physical contact
“sometimes” 15% 11% 7%
“often” or “very often” 3% 4% 3%
Click here for a list of Frequently Asked Questions about the survey.
Below please find links to our Campus Climate Survey (by section):
Campus Climate
Reports of Unwanted Sexual Assault
Details about Incidents of Sexual Assault
Bystander Behaviors
Demographics
Technical Information
Supplemental Questions for New York State