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 ResourcesCo-Curricular Programs, Health and Wellness, Residential Education, Athletics, Intercultural Advancement, the Center for Religion and 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 Public Safety’s “Tips for Preventing Sexual Assault.”

Updated August 13, 2020


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.
A student or employee who has questions, concerns, or who needs assistance relative to this policy should contact Dr. Ruta Shah-Gordon, Vice President for Internationalization, Intercultural Affairs and Campus Life or  during normal business hours at 718-420-4254, 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. Ruta Shah-Gordon, Deputy Title IX Coordinator, is the main point of contact for Title IX concerns involving students.  She can be reached at 718-420-4254 or at rshahgor@wagner.edu, or can be found in the Executive Suite on the Fourth floor of the Union.
Complaints by or against College employees (faculty, administration, and staff) should be made to the Chief Human Resources Officer who is also the College's Title IX Coordinator, at 718-390-3280.  The Chief Human Resources Officer, Jazzmine Clarke-Glover, can be reached via email at j.clarke-glover@wagner.edu and via phone at 718-390-3187, and is located in Union 221.
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 MemberPerson’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 AssaultNew 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.
 

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, Vice President of Workplace Culture and Inclusion, Chief Human Resources Officer, and  Chief Diversity Officer
Phone: 718-390-3280   Office Location: Union, 2nd Floor Room 221  Email: j.clarke-glover@wagner.edu
Deputy Title IX Coordinator
Ruta Shah-Gordon, Vice President and Chief of Staff, Internationalization, Intercultural Affairs and Campus Life 
Phone: 718-390-3181   Office Location: Union, 4th Floor   Email: rshahgor@wagner.edu
Deputy Title IX Coordinator
Katie Russell, Associate Athletic Director
Phone: 718.390.3431 Office Location: Spiro Sports Center, 2nd Floor Email: k.russell@wagner.edu
Deputy Title IX Coordinator
Thomas Tressler-Gelok, Director of Residential Education & Retention Specialist
Phone: 718-390-3420   Office Location: Office of Residential Education, Towers Hall B   Email: thomas.gelok@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.

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.

Introduction
 
What is the purpose of the Title IX Grievance Policy?
 
Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities.
 
On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:
  • Defines the meaning of “sexual harassment” (including forms of sex-based violence)
  • Addresses how this institution must respond to reports of misconduct falling within that definition of sexual harassment, and
  • Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.
 
See, 85 Fed. Reg. 30026 (May 19, 2020). The full text of the Final Rule and its extensive Preamble are available here: http://bit.ly/TitleIXReg
 
Based on the Final Rule, Wagner College will implement the following Title IX Grievance Policy, effective August 14, 2020.
 
How does the Title IX Grievance Policy impact other campus disciplinary policies?
 
In recent years, “Title IX” cases have become a short-hand for any campus disciplinary process involving sex discrimination, including those arising from sexual harassment and sexual assault. But under the Final Rule, Wagner College must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the Title IX Grievance Policy defined below.
 
Wagner College remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule.
 
Specifically, our campus has:
 
  • A Code of Conduct that defines certain behavior as a violation of campus policy, and a separate Non-Title IX Sexual Misconduct Policy, based on New York Education Law 129-B, that addresses the types of sex-based offenses constituting a violation of campus policy, and the procedures for investigating and adjudicating those sex-based offenses.
To the extent that alleged misconduct falls outside the Title IX Grievance Policy, or misconduct falling outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the institution retains authority to investigate and adjudicate the allegations under the policies and procedures defined within the Non-Title IX Sexual Misconduct Policy through a separate grievance proceeding.
The elements established in the Title IX Grievance Policy under the Final Rule have no effect and are not transferable to any other policy of the College for any violation of the Code of Conduct, employment policies, or any civil rights violation except as narrowly defined in this Policy. This Policy does not set a precedent for other policies or processes of the College and may not be cited for or against any right or aspect of any other policy or process.
 
How does the Title IX Grievance Policy impact the handling of complaints?
 
Our existing Title IX office and reporting structure remains in place. What has changed is the way our Title IX office will handle different types of reports arising from sexual misconduct, as detailed in full throughout Section 2.
 
 
General Rules of Application
 
Effective Date
 
This Title IX Grievance Policy will become effective on August 14, 2020, and will only apply to formal complaints of sexual harassment brought on or after August 14, 2020. Complaints brought prior to August 14, 2020 will be investigated and adjudicated according to the Title IX Grievance Policy if a case is not complete by that date.[1]
 
Revocation by Operation of Law
 
Should any portion of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not require the elements of this policy, this policy, or the invalidated elements of this policy, will be deemed revoked as of the publication date of the opinion or order and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by that date of opinion or order publication.
 
Should the Title IX Grievance Policy be revoked in this manner, any conduct covered under the Title IX Grievance Policy shall be investigated and adjudicated under the existing Non-Title IX Sexual Misconduct Policy.
 
Non-Discrimination in Application
 
The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a Complainant, Respondent, or Witness. Individuals who wish to file a complaint about the institution’s policy or process may contact the Department of Education’s Office for Civil Rights using contact information available at https://ocrcas.ed.gov/contact-ocr.
 
Definitions
 
Covered Sexual Harassment
 
For the purposes of this Title IX Grievance Policy, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:
  1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
  2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
  3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
  4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
  5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York State’s domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of New York State.
  6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.
Note that conduct that does not meet one or more of these criteria may still be prohibited under the Wagner College’s Student Code of Conduct.
 
Consent
 
For the purposes of this Title IX Grievance Policy, the definition of consent, as stated in Section 6441 of NYS Article 129-B:  Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.
 
Education Program or Activity
 
For the purposes of this Title IX Grievance Policy, Wagner College’s “education program or activity” includes:
  • Any on-campus premises
  • Any off-campus premises that Wagner College has substantial control over. This includes buildings or property owned or controlled by a recognized student organization.
  • Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of Wagner College’s programs and activities over which Wagner College has substantial control.
 
Formal Complaint
 
For the purposes of this Title IX Grievance Policy, “formal complaint” means a document – including an electronic submission - filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within Wagner College’s education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.
 
Complainant  
 
For the purposes of this Title IX Grievance Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.
 
Relevant evidence and questions
 
“Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.
 
“Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:
 
  • Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
    • They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
    • They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. 34 C.F.R. § 106.45(6)(i).
  • Evidence and questions that constitute, or seek disclosure of, information protected under a legally-recognized privilege.
 
  • Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. 85 Fed. Reg. 30026, 30294 (May 19, 2020).
 
Respondent
 
For the purposes of this Title IX Grievance policy, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.
 
Privacy vs. Confidentiality
 
Consistent with Wagner College’s Student Code of Conduct, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse.
 
References made to privacy mean Wagner College offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. Wagner College will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.
 
Disability Accommodations
 
This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Process that do not fundamentally alter the Process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities. The Parties are responsible for disclosing the needs for an accommodation to the Title IX Coordinator. The Title IX Coordinator may consult with the Office of Disability Services in deciding whether to grant a disability accommodation request.
 
Making a Report Regarding Covered Sexual Harassment to the Institution
 
Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.
 
Name: Jazzmine Clarke-Glover
Title: Vice President of Workplace Culture and Inclusion, Chief Human Resources Officer (CHRO), Chief Diversity Officer (CDO) & Title IX Coordinator
Office Address: Union 2nd Floor, Human Resources
Email Address: j.clarke-glover@wagner.edu
Telephone Number: 718-390-3187
 
Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.
 
Reporting
 
Non-Confidential Resources
The following Officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy:
 
Title IX Coordinator or designee -
 
Ruta Shah-Gordon
Vice President for Internationalization, Intercultural Affairs and Campus Life
Deputy Title IX Coordinator
Office Location: Union, 3rd Floor
Email: rshahgor@wagner.edu
Phone: 718-420-4126
 
Katie Russell
Associate Athletic director
Deputy Title IX Coordinator
Office Location: Spiro Sports Center, 2nd Floor
Email: k.russell@wagner.edu
Phone: 718.390.3431
 
Thomas Tressler- Gelok,
Director of Residential Education and Retention Specialist
Deputy Title IX Coordinator
Office Location: Office of Residential Education, Towers Hall B
Email: thomas.gelok@wagner.edu
Phone: 718-390-3420
 
Other Required Reporters:
  • All Wagner College employees
  • Resident Assistants
 
Confidential Resources
 
On Campus
 
  • Center for Health and Wellness Licensed Practitioners (Nurse Practitioners, Nurses, Counselors)
 
Off Campus
  • Personal Health Care Provider
  • Personal Attorney
  • Religious/Spiritual Counselor
 
Non-Investigatory Measures Available Under the Title IX Grievance Policy
 
Supportive Measures
Once a report is made under the Title IX Grievance Policy, the Complainant will be contacted by the Title IX Coordinator and offered individualized support.  Complainants have the right to receive supportive measures from Wagner College regardless of whether they desire to file a complaint, which may include supportive measures listed below, as appropriate. Supportive measures are non-disciplinary and non-punitive.
 
Supportive Measures suggested by the Preamble: As appropriate, supportive measures may include, but not be 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 College’s 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
  • Changes or adjustments in academics, such as extension of deadlines or other course-related adjustments
  • Access to campus escorts or other reasonable security or monitoring measures
  • Ask the Dean’s Office to communicate with your professors
  • Withdraw a complaint or involvement from the institutional process at any time
The Title IX Coordinator is responsible for coordinating the implementation of supportive measures, including coordinating the various College departments and offices that may be involved. Supportive measures will be offered free of charge.
 
If a party’s request for a supportive measure is denied, the party will be afforded an opportunity to have the denial promptly reviewed to assess whether the supportive measure is reasonable under the circumstances. Information about how to request a review will be included in a written communication that will outline the supportive measures offered and any that were requested by the party but denied.
 
See 85 Fed. Reg. 30401.
 
Emergency Removal
 
Wagner College retains the authority to remove a student respondent from Wagner’s program or activity on an emergency basis, where Wagner College (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal.
 
Emergency removal is not a substitute for reaching a determination as to a respondent’s responsibility for the sexual harassment allegations; rather, emergency removal is for the purpose of addressing imminent threats posed to any person’s physical health or safety which may arise out of the sexual harassment allegations.
 
 
If Wagner College determines such removal is necessary, the Title IX Coordinator will provide written notice of the emergency individual to both the complainant and respondent. This notice will contain: (1) the date the removal is set to begin, (2) the reason for the emergency removal, (3) the consequences of non-compliance, and (4) how to appeal the decision.
 
If a student respondent disagrees with the decision to be removed from campus, the respondent may appeal the decision. The respondent must provide written notice of the intent to appeal, which shall include the substance of the appeal, to the Title IX Coordinator within 10 days of receiving the notice of removal. The burden of proof is on the student respondent to show that the removal decision was incorrect.
 
This section applies only to student respondents. Employee respondents are not subject to this section and may be placed on administrative leave consistent with Wagner College Employee Handbook during the pendency of a Title IX Grievance Process.
, .
 
Administrative Leave
 
Wagner College retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Process, consistent with Wagner College Employee Handbook
 
The Title IX Grievance Process
Filing a Formal Complaint
The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded within a reasonably prompt manner, and no longer than ninety (90) business days after the filing of the Formal Complaint, provided that the Process may be extended for a good reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The procedure for applying for extensions is described below.
 
To file a Formal Complaint, a complainant must provide the Title IX Coordinator a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of Wagner College, including as an employee. For complainants who do not meet this criteria, the College will utilize existing policy in the Code of Conduct and/or Non-Title IX Sexual Misconduct Policy.
 
If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. Wagner College will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this Policy and Process.
 
Nothing in the Title IX Grievance Policy or Code of Conduct prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.
 
A complainant who files a Formal Complaint may elect, at any time, to address the matter through the Institution’s Informal Resolution Process and can contact the Title IX Coordinator or designee regarding this process.
 
 
Multi-Party Situations
 
The institution may consolidate Formal Complaints alleging covered sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.
 
Determining Jurisdiction
 
The Title IX Coordinator or designee will determine if the instant Title IX Grievance Process should apply to a Formal Complaint. The Process will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:
  1. The conduct is alleged to have occurred on or after August 14, 2020;
  2. The conduct is alleged to have occurred in the United States;
  3. The conduct is alleged to have occurred in Wagner College’s education program or activity; and
  4. The alleged conduct, if true, would constitute covered sexual harassment as defined in this policy.
 
If all of the elements are met, Wagner College will investigate the allegations according to the Title IX Grievance Process.
 
Allegations Potentially Falling Under Two Policies
If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied in the investigation and adjudication of all of the allegations.
 
 
Mandatory Dismissal
 
If any one of the four elements under “Determining Jurisdiction” are not met, the Title IX Coordinator or designee will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal using the procedure outlined in “Appeals,” below. Even if dismissed for purposes of the Title IX Grievance Policy, the conduct may fall under the Non-Title IX Sexual Misconduct Grievance Policy.
 
Discretionary Dismissal
 
The Title IX Coordinator or designee may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:
  • A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
  • The respondent is no longer enrolled or employed by Wagner College or,
  • If specific circumstances prevent Wagner College from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.
 
Any party may appeal a dismissal determination using the process set forth in “Appeals,” below.
 
Notice of Dismissal
 
Upon reaching a decision that the Formal Complaint will be dismissed, the institution will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the parties through their institutional email accounts. It is the responsibility of parties to maintain and regularly check their email accounts.
 
Notice of Removal
 
Upon dismissal for the purposes of Title IX, Wagner College retains discretion to utilize the Code of Conduct and/or Non-Title IX Sexual Misconduct Policy to determine if a violation of the Code of Conduct and/or Non-Title IX Sexual Misconduct Policy has occurred. If so, Wagner College will promptly send written notice of the dismissal of the Formal Complaint under the Title IX Grievance Process and removal of the allegations to the conduct process.
 
Notice of Allegations
 
The Title IX Coordinator will draft and provide the Notice of Allegations to any party to the allegations of sexual harassment. Such notice will occur as soon as practicable, after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances.
 
The parties will be notified by their institutional email accounts if they are a student or employee, and by other reasonable means if they are neither.
 
The institution will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview.
 
The Title IX Coordinator or designee may determine that the Formal Complaint must be dismissed on the mandatory grounds identified above, and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.
 
Contents of Notice
 
The Notice of Allegations will include the following:
  • Notice of the institution’s Title IX Grievance Process and a hyperlink to a copy of the process.
  • Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment; and the date and location of the alleged incident, if known.
  • A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
  • A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, as required under 34 C.F.R. § 106.45(b)(5)(iv);
  • A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi);
  • Note: be advised of the Honesty and Integrity policy which prohibits furnishing false information to and withholding information from the college.
 
 
Ongoing Notice
 
If, in the course of an investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise covered "sexual harassment” falling within the Title IX Grievance Policy, the institution will notify the parties whose identities are known of the additional allegations by their institutional email accounts or other reasonable means.
 
The parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.
 
Advisor of Choice and Participation of Advisor of Choice
 
Wagner College will provide the parties equal access to advisors and support persons; any restrictions on advisor participation will be applied equally.
 
Wagner College has a long-standing practice of requiring students to participate in the process directly and not through an advocate or representative. Students participating as Complainant or Respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice is not an advocate. Except where explicitly stated by this Policy, as consistent with the Final Rule, Advisors of Choice shall not participate directly in the process as per standard policy and practice of Wagner College.
 
Wagner College will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for all parties are not available, provided that the Advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.
 
Wagner College’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other college policies apply to matters governed under this Policy, and Wagner College cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. Wagner College will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice or utilize one provided by Wagner.
 
Notice of Meetings and Interviews
 
Wagner College will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate. The Complainant and Respondent have the right to be accompanied by an advisor of their choice, who may be an attorney. Wagner College does not appoint an advisor for a party during the investigation phase of the process.
 
No unauthorized audio or video recording of any kind is permitted during investigation meetings or interviews. If the Title IX Coordinator and/or investigator elects to audio and/or video record interviews, all involved parties in the meeting or interview will be made aware that audio and/or video recording is occurring.
Delays
 
Each party may request a one-time delay in the Grievance Process of up to five (5) days for good cause (granted or denied in the sole judgment of the Title IX Coordinator or designee) provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties.
 
For example, a request to take a five day pause made an hour before a hearing for which multiple parties and their advisors have traveled to and prepared for shall generally not be granted, while a request for a five day pause in the middle of investigation interviews to allow a party to obtain certain documentary evidence shall generally be granted.
 
The Title IX Coordinator, Assistant Dean of Campus Life, or designee shall have sole judgment to grant further pauses in the Process.
Investigation
 
General Rules of Investigations
 
The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute covered sexual harassment after issuing the Notice of Allegations.
Wagner College, not the parties, has the burden of proof and the burden of gathering evidence, i.e. the responsibility of showing a violation of this Policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from Wagner College and does not indicate responsibility.
 
Wagner College cannot access, consider, or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. Wagner College will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e. evidence that tends to prove and disprove the allegations) as described below. The Title IX Coordinator and/or investigator may decline to interview any witness or to gather information found to be not relevant or otherwise excludable. The Title IX Coordinator and/or the investigator will determine the order and method.
 
Inspection and Review of Evidence
 
Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.
 
Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any:
  1. Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;
  2. inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source.
 
All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins. See, 85 Fed. Reg. 30026, 30307 (May 19, 2020).
 
Prior to the conclusion of the investigative report, the Complainant and Respondent, and each party’s advisor of choice, if any, will be provided a copy of the evidence, subject to redaction permitted and/or required by law. The copy may be sent in hard copy or electronic format or made available through an electronic file sharing platform. The Institution is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.
 
The parties will have ten (10) calendar days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before completing the Investigative Report. The investigator will determine if additional investigation is necessary and, if so, will complete any additional investigative steps.
 
Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.
 
  1. The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process. See, 85 Fed. Reg. 30026, 30435 (May 19, 2020).
  2. The parties and their advisors agree not to photograph or otherwise copy the evidence. See, 85 Fed. Reg. 30026, 30435 (May 19, 2020).
 
Inclusion of Evidence Not Directly Related to the Allegations
 
Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator not to be directly related to the allegations in the Formal Complaint will not be disclosed, or may be appropriately redacted before the parties’ inspection to avoid disclosure of personally identifiable information of a student. Any evidence obtained in the investigation that is kept from disclosure or appropriately redacted will be documented in a “privilege log” that may be reviewed by the parties and their advisors, if any. See, 85 Fed. Reg. 30026, 30438 (May 19, 2020).
 
 
Investigative Report
 
The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will create an Investigative Report that fairly summarizes relevant evidence.
 
The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence.
 
Only relevant evidence (including both inculpatory and exculpatory – i.e. tending to prove and disprove the allegations - relevant evidence) will be referenced in the Investigative Report.
 
The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant. See, 85 Fed. Reg. 30026, 30304 (May 19, 2020).
 
At least ten (10) days prior to a hearing to determine whether there is responsibility for the allegations, the Complainant and Respondent, and each party’s advisor, if any, will be provided a copy of the investigative report (which may be sent in hard copy or electronic format or made available through electronic file sharing platform), subject to redaction permitted and/or required by law.
 
Hearing
 
General Rules of Hearings
 
Wagner College will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing, unless otherwise resolved through an informal resolution process.
 
The Title IX Coordinator will notify the parties in writing of the date, time, and location of the hearing, the names of the Hearing Board, and how to challenge participation by any Hearing Board member for bias or conflict of interest. Bias must be judged by an objective standard (whether a reasonable person would conclude the decisionmaker is biased).
 
The live hearing may be conducted with all parties physically present in the same geographic location, or, at Wagner’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through a remote video conferencing interface. This technology will enable participants simultaneously to see and hear each other. At its discretion, Wagner College may delay or adjourn a hearing based on technological errors not within a party’s control.
 
All proceedings will be recorded through audio or audiovisual recording. That recording or transcript will be made available to the parties for inspection and review.
 
Prior to obtaining access to any evidence, the parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the Title IX Grievance Process. Once signed, this Agreement may not be withdrawn See, 85 Fed. Reg. 30026, 30435 (May 19, 2020).
 
Continuances or Granting Extensions
 
Wagner College may determine that multiple sessions or a continuance (i.e. a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, Wagner College will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.
 
Participants in the live hearing
 Live hearings are not public. Observers or additional support personnel, other than the parties’ advisors, are not allowed unless deemed necessary by the Title IX Coordinator for purposes such as accommodation of a disability. The only individuals permitted to participate in the hearing are as follows:
 
Complainant and Respondent (The Parties)
  • The parties cannot waive the right to a live hearing.
  • The institution may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through any evidence gathered that does not constitute a “statement” by that party. 85 Fed. Reg. 30026, 30361 (May 19, 2020).
    • For example, A verbal or written statement constituting part or all of the sexual harassment itself is not a “prior statement” that must be excluded if the maker of the statement does not submit to cross-examination about that statement. In other words, a prior statement would not include a document, audio recording, audiovisual reading, and digital media, including but not limited to text messages, emails, and social media postings, that constitute the conduct alleged to have been the act of sexual harassment under the formal complaint. See, OCR Blog (May 22, 2020), available at https://www2.ed.gov/about/offices/list/ocr/blog/20200522.html
  • Wagner College will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation. See 34 C.F.R. § 106.71; see also 85 Fed. Reg. 30026, 30216 (May 19, 2020).
  • If a party does not submit to cross-examination, the decision-maker cannot rely on any prior statements made by that party in reaching a determination regarding responsibility, but may reach a determination regarding responsibility based on evidence that does not constitute a “statement” by that party.
  • The decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer cross examination or other questions. See 34 C.F.R. §106.45(b)(6)(i).
 
Hearing Board and Decision Maker
  • The hearing body will consist of a three person hearing board panel (trained faculty and/or staff) and decision-maker, the Assistant Dean of Campus Life
  • No member of the hearing body will also have served as the Title IX Coordinator, Title IX investigator, or advisor to any party in the case, nor may any member of the hearing body serve on the appeals body in the case.
  • No member of the hearing body will have a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
  • The hearing body will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.
  • The parties will have an opportunity to raise any objections regarding a decision-maker’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.
 
Advisor of Choice
  • The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.
  • The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-examination
  • The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.
  • The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
  • The advisor is not prohibited from being a witness in the matter.
  • If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf. 85 Fed. Reg. 30026, 30340 (May 19, 2020).
  • If neither a party nor their advisor appear at the hearing, Wagner College will provide an advisor to appear on behalf of the non-appearing party. See, 85 Fed. Reg. 30026, 30339-40 (May 19, 2020).
 
 
Witnesses
  • Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation. See, 85 Fed. Reg. 30026, 30360 (May 19, 2020).
  • If a witness does not submit to cross-examination, as described below, the decision-maker cannot rely on any statements made by that witness in reaching a determination regarding responsibility, including any statement relayed by the absent witness to a witness or party who testifies at the live hearing. 85 Fed. Reg. 30026, 30347 (May 19, 2020).
  • Witnesses are not permitted to bring an advisor or other person to the hearing, absent an approved disability accommodation.
 
Hearing Procedures
 
For all live hearings conducted under this Title IX Grievance Process, the procedure will be as follows:
  • Chairperson of the hearing board will open and establish rules and expectations for the hearing;
  • The Complainant will be given the opportunity to present an opening statement;
  • The Respondent will be given the opportunity to present an opening statement;
  • The Chairperson of the Hearing Board will ask questions of the Parties and Witnesses in the following order: Complainant, Respondent, then any witnesses;
  • Parties will be given the opportunity for live cross-examination after the Chairperson of the Hearing Board conducts its initial round of questioning;
    • During the Parties’ cross-examination, the Chairperson will have the authority to pause cross-examination at any time for the purposes of asking own follow up questions; and any time necessary in order to enforce the established rules of decorum.
    • Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Chairperson of the Hearing Board. . A Party’s waiver of cross-examination does not eliminate the ability of the Hearing Board to use statements made by the Party.
  • The Respondent will have the opportunity to present a closing statement.
  • The Complainant will have the opportunity to present a closing statement.
 
Formal rules of evidence will not apply. Except as otherwise expressly prohibited, any information that the Hearing Board determines is relevant may be considered, including hearsay, history and information indicating a pattern of behavior, and character evidence.
 
Live Cross-Examination Procedure
 
Each party’s advisor will conduct live cross-examination of the other party or parties and witnesses. During this live-cross examination the advisor will ask the other party or parties and witnesses relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.
 
Before any cross-examination question is answered, the Chairperson of the Hearing Board will determine if the question is relevant. Cross-examination questions that are duplicative of those already asked, including by the decision-maker may be deemed irrelevant if they have been asked and answered.
 
Review of Recording
 
The recording of the hearing will be available for review by the complainant and respondent parties within 10 business days, unless there are any extenuating circumstances. The recording of the hearing will not be provided to parties or advisors of choice.
 
Determination Regarding Responsibility
Following the conclusion of the hearing, the Hearing Board will deliberate and render a determination by majority vote as to whether the Respondent is responsible or not responsible for the alleged violation(s).
 
If the Hearing Board determines that the Respondent is responsible for one or more violations, the Complainant and Respondent will be invited by the Title IX Coordinator to submit a personal impact statement that will be provided to the Hearing Board for consideration in determining appropriate sanctions. The parties must submit their statements to the Title IX Coordinator within 24 hours after the conclusion of the hearing.
 
Standard of Proof
 
Wagner College uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the investigation and hearing determines whether it is more likely than not that a violation of the Policy occurred.
 
General Considerations for Evaluating Testimony and Evidence
 
While the opportunity for cross-examination is required in all Title IX hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the Decision-maker.
 
Decision-makers shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.
 
Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence.
 
Still, credibility judgments should not rest on whether a party or witness’ testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.
 
Decision makers will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.
 
Except where specifically barred by the Title IX Final Rule, a witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.
 
The Final Rule requires that Wagner College allow parties to call “expert witnesses” for direct and cross examination.  Wagner College does not provide for expert witnesses in other proceedings. While the expert witness will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses.
 
The Final Rule requires that Wagner College allow parties to call character witnesses to testify. Wagner College does not provide for character witnesses in other proceedings. While the character witnesses will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford very low weight to any non-factual character testimony of any witness.
 
The Final Rule requires that Wagner College admit and allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford lower weight to such processes relative to the testimony of fact witnesses.
 
Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Decision-maker may draw an adverse inference as to that party or witness’ credibility.
 
 
Components of the Determination Regarding Responsibility
 
The written Determination Regarding Responsibility will be issued simultaneously to all parties through their institution email account, or other reasonable means as necessary. The Determination will include:
  1. Identification of the allegations potentially constituting covered sexual harassment;
  2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
  3. Findings of fact supporting the determination;
  4. Conclusions regarding which section of the Student Code of Conduct, if any, the respondent has or has not violated.
  5. For each allegation:
    1. A statement of, and rationale for, a determination regarding responsibility;
    2. A statement of, and rationale for, any disciplinary sanctions the recipient imposes on the respondent; and
    3. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the complainant; and
  6.            The recipient’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).
 
Timeline of Determination Regarding Responsibility
 
If there are no extenuating circumstances, the determination regarding responsibility will be issued by Wagner College within ten (10) business days of the completion of the hearing.
 
Finality
 
The determination regarding responsibility becomes final either on the date that the institution provides the parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” below, or if an appeal is not filed, the date on which the opportunity to appeal expires. Sanctions
In addition to the impact statements, which must be submitted within 24 hours after the conclusion of the hearing, additional factors considered when determining sanctions may include:
  • The nature and severity of, and circumstances surrounding, the violation(s);
  • The Respondent’s state of mind at the time of the violation(s) (intentional, knowing, bias-motivated, reckless, negligent, etc.);
  • The Respondent’s previous disciplinary history;
  • The need for sanctions to bring an end to the conduct and/or to prevent the future recurrence of similar conduct;
  • The need to remedy the effects of the conduct on the Complainant and/or the community;
  • The impact of potential sanctions on the Respondent;
  • Sanctions imposed by Wagner College in other matters involving comparable conduct; and
  • Any other lawful factors deemed relevant by the Hearing Board.
The following are the sanctions that may be imposed upon students:
  • Warning. A formal statement that the behavior was unacceptable and that further infractions of any policy, procedure, or directive may result in more severe disciplinary action.
  • Probation. A written reprimand for violation of the Policy, providing for more severe disciplinary sanctions in the event that the Respondent is found in violation of any College policy, procedure, or directive within a specified period of time. Terms of probation will be specified and may include denial of specified privileges, exclusion from extracurricular activities, no-contact orders, and/or other measures deemed appropriate.
  • Suspension. Cessation of student status for a definite period of time and/or until specific criteria are met.
  • Expulsion. Permanent termination of student status.
  • Withholding Degree and/or Diploma. The College may withhold a student’s degree and/or diploma for a specified period of time and/or deny a student participation in commencement activities.
  • Other Actions. In addition to or in place of the above sanctions, the Hearing Board may assign any other sanctions as deemed appropriate, including but not limited to the following:
    • Mandated counseling so the Respondent has the opportunity to gain more insight into his or her behavior.
    • A “no contact” directive (including but not limited to continuation of a no contact directive as a supportive measure) prohibiting contact with one or more identified persons, in person or through telephonic, electronic, written, or other means.
    • Requiring the Respondent to write a letter of apology.
    • Requiring unpaid service to the campus or local community stated in terms of type and hours of service.
    • Loss, revocation, or restriction of housing privileges.
  • Transcript Notation.New York State Law requires that, for violent crimes, the College records the outcome of disciplinary action on a student’s transcript.  In disciplinary complaints involving withdrawal prior to a disciplinary hearing or Review Board, interim suspension, suspension, or dismissal, the student’s academic transcript shall be noted as follows: Withdrawal prior to a hearing: “Readmission subject to Student Disciplinary Hearing.” This comment is removed if a student is readmitted. Disciplinary Interim Suspension (pending a hearing): Student receives W or W grades according to established guidelines. Transcript comment reads: “Disciplinarily suspended on (date).” Disciplinary Suspension: Student receives W or W grades according to established guidelines. Transcript comment reads: “Disciplinarily suspended until (date).” Comment is removed when the term of suspension expires. Disciplinary Expulsion: Student receives W or W grades according to established guidelines. Transcript comment reads: “Disciplinarily expelled on (date).” After five years from the date of the student leaving the College for withdrawal pending disciplinary hearing, disciplinary interim suspension, or disciplinary expulsion, the student may petition the Provost and Vice President for Academic Affairs or designee to have the transcript comment removed. It is the student’s responsibility to provide substantial evidence which supports the petition and provide documentation of their activities (work, education, etc.) since their exit from the College.
 
Appeals
 
Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within five (5) business days of being notified of the decision, indicating the grounds for the appeal.
 
The limited grounds for appeal available are as follows:
  1. Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow the institution’s own procedures);
  2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
  3. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.
 
 
The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.
 
If a party appeals, the institution will as soon as practicable notify the other party in writing of the appeal, however the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal.
 
The non-appealing party may submit a statement in support of the decision.
 
Appeals will be decided by a panel who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decision-maker in the same matter.
 
Outcome of appeal will be provided in writing simultaneously to both parties, and include rationale for the decision. Once the appeal decision has been sent to the parties, the appeal decision is final.
 
Retaliation
 
Wagner College will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.
 
No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.
 
No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.
 
Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment.
 
Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination required to be adopted under § 106.8(c).
 

The Non-Title IX Grievance Process is conducted under the Community Standards Review Process.
COMMUNITY STANDARDS REVIEW PROCESS
 
STUDENT CONDUCT PROCESS OVERVIEW
 
Wagner College has developed a student conduct process that aims to educate students regarding the choices they make and the outcomes of their decisions. The goal is to be developmental regarding infractions to policies and guidelines in the Student Handbook and to seek ways for students to learn from their decisions and to take responsibility for their actions. The goal of the student conduct process is educational.  The College hopes that students will embrace the opportunity to look critically at the choices they are making, think about the effects on themselves as individuals as well as the effects on the larger community. Additionally, the student conduct process provides an opportunity for students to make positive changes that allow them to continue at Wagner College in good standing academically and socially, while also increasing their awareness and understanding of the consequences associated with violations to the Community Standards of Conduct.
 
This process is managed by the Dean of Campus Life Office and the Office of Residential Education to address policy violations and create a progression that begins with disciplinary warnings that can ultimately result in more severe consequences for students who repeatedly violate the Community Standards of Conduct. The staff in Public Safety, the Office of Residential Education, and the Dean of Campus Life Office work together to ensure a safe and secure environment in the residence halls and on campus in general. If an incident occurs that requires the attention of a staff member or may involve a violation of the Community Standards of Conduct, an Incident Report is typically filed and submitted to the Office of Residential Education, Dean of Campus Life Office, or to Public Safety.
 
Reporting a Policy Violation.  Students are expected to report policy violations in order to ensure a safe community for all individuals. All students are invited to speak with a Dean of Campus Life staff member or any staff within the Division of Campus Life about how to report information and learn more about participating in the Student Conduct and/or Mediation Process. Campus Life staff can help students to understand and utilize their resources at Wagner College. Any member of the College community may file a written report when an individual, group or organization has allegedly violated the Community Standards of Conduct. See the Reporting Information/Emergencies section of this Handbook for more details.
 
Student Conduct Process and Procedure for Handling a Policy Violation.  Once an alleged violation of the Community Standards is reported, the severity of the alleged violation(s) as well as the student’s cumulative disciplinary history will determine which hearing officer will hear the case.
 
Notification of Alleged Violations of College Community Standards.  The hearing officer handling the case (a staff member from either the Office of Residential Education or the Dean of Campus Life Office) prepares a written notice that includes alleged policy violations of the Community Standards of Conduct.  This written notice is sent to the parties via the College email system. Notification will include the time and location of the incident, and a meeting time and place for an initial conference or student conduct meeting.
 
Initial Conferences/Student Conduct Meetings.  At the initial conference, the alleged policy violations are explained to the respondent by a hearing officer (Graduate Residential Coordinator, Area Coordinator, Resident Student Services Manager, Director of Residential Education in the Office of Residential Education, the Dean of Campus Life or designee in the Dean of Campus Life Office). At the initial conference, the incident is discussed with the respondent and then one of the following courses of action may be followed:
 
Initial Conference to Discuss Violations of the Student Code of Conduct
  1. The respondent may elect not to appear, at which time a decision will be made as to whether or not a violation has taken place and what the appropriate administrative action will be. This decision will be based on the preponderance of the information available.
  2. If during this meeting, in the judgment of the hearing officer, the information does not support the allegation, the hearing officer may elect to administratively drop the alleged policy violations.
  3. If during this meeting, in the judgment of the hearing officer, informal mediation is appropriate, the hearing officer may elect to refer the matter to mediation.
  4. The respondent may accept responsibility for the alleged violations. A sanction is issued that is appropriate to the violation of the Community Standards.
  5. If the respondent does not take responsibility for the alleged violations, the hearing officer may make a determination of responsibility based on the respondent’s statement, the statement of witnesses (if appropriate) and all reports submitted about the incident. The standard of proof for determining responsibility is that it was more likely than not that the respondent was involved in the incident, a preponderance of evidence standard.
  6. If the alleged violations would result in suspension or expulsion; or if the respondent has been repeatedly found in violation of the College Community Standards; or at the discretion of the hearing officer, the case may be referred directly to the Community Standards Review Board. The respondent may accept responsibility for the alleged violations and waive his or her right to a hearing.  As a result of the admission of responsibility a sanction will be issued that is appropriate to the violation of the Community Standards.  In the event that a respondent does not accept responsibility for the alleged policy violations listed in the letter, the hearing officer will discuss the Community Standards Review Board process with the student. The scheduled date (with no less than three days’ notice), time, place and violations to be considered at the Review Board meeting are communicated to the respondent.
 
Informal Mediation. This kind of mediation is used as an alternative to resolve situations. It is intended to allow the people involved the opportunity to discuss their respective understandings of an incident with the assistance of a mediator. The goal of mediation is to resolve an incident with a reasonable outcome for all parties involved. The Dean of Campus Life Office reserves the right to mediate situations related to violations of the Community Standards. Mediation may be done through the Dean of Campus Life, Residential Education, the Center for Health and Wellness, or another designated office. If mediation fails, or if at any point the participants lose commitment to the mediation process, the case may be referred to the Dean of Campus Life Office for further possible responses.  Mediation is never an option in cases involving sexual violence or sex discrimination.
 
Mediation may be a viable option to manage disagreement or conflict when:
  • all parties have a relationship they wish to preserve
  • all parties are willing to cooperate and compromise
  • a situation would benefit from facilitated communication
  • all parties have conflicting viewpoints of the facts of a situation
  • previous communication between the parties has been poor in quantity or quality
  • previous solutions have been tried and failed
  • all parties feel intense emotions have dominated communication and all parties wish to continue dialogue in a facilitated, neutral setting
 
Mediation may not be a viable option when:
  • there is intimidation from one party towards another
  • one party does not feel equal in power and control with the other party
  • the parties have a values-based disagreement where one or more parties sees no room for compromise
  • the relationship between the two parties cannot be healed
  • one or both parties loses commitment to the mediation process
 
Community Standards Review Board (CSRB). When a student does not take responsibility for alleged violations to the Community Standards during an initial conference that may be serious in nature and could result in suspension or expulsion from the College, the case may be resolved by the Community Standards Review Board (CSRB).  A determination on an initial conference or community standards review board will be made jointly by the hearing officer and the accused student. The CSRB consists of students, staff, and faculty who participate on a rotating basis to adjudicate violations of campus  policies. CSRB members are trained to review incident reports and listen to witness accounts to determine responsibility and formulate recommendations for appropriate sanctions to the Dean of Campus Life or designee. Staff and faculty members of the CSRB will be appointed for two-year terms by the Dean of Campus Life. Student members are identified through an annual nomination process and serve for a one-year term, with an option for reappointment. Student membership on the CSRB is limited to those students who are in good academic and disciplinary standing and who have completed a CSRB application process.  Additional training on issues of sex discrimination and sexual violence is provided to all CSRB members who hear such cases.  All members of the CSRB serve at the discretion of Dean of Campus Life or designee.
 
Non-Title IX Sexual Misconduct Review Board (SMRB). The Sexual Misconduct Review Board, is convened to hear cases involving sex discrimination and/or sexual misconduct.  The members of this board are trained to hear sex discrimination and/or sexual misconduct cases.  All proceedings and policies for the CSRB are in place for the Sexual Misconduct Review Board, with the exception that students do not serve on this board, and that a Process Observer sits in on these panels.  A neutral, trained process observer sits in on all Sexual Misconduct Review Board panels to ensure that the process is observed.
 
Formal rules of process, procedure and/or technical rules of evidence such as are applied in civil or criminal court are not used in the Wagner College student conduct process. The College Community Standards Review process is separate from state, local and federal court proceedings. The College, at its sole discretion, may pursue disciplinary action against a student while the student is also subject to criminal proceedings. The College reserves this right even if criminal charges are pending, reduced, or dismissed.
 
Proceedings for Community Standards Review Board and Non-Title IX Sexual Misconduct Review Board
All review board proceedings are conducted in a manner that protects the rights of students. Review board proceedings are not open to the public. Only the Assistant Dean of Campus Life or designee and individuals directly involved with the proceedings as provided in this document may be present. All reviews are confidential to the extent possible. Information is released in compliance with the Family Education Rights and Privacy Act (FERPA) regulations. The review is closed to everyone except the Dean of Campus Life Office, the Review Boards, the respondent, the complainant, advisors and witnesses.
 
  1. CSRB or SMRB Membership. A review board consists of at least two-three members, typically comprised of at least staff, faculty, and one student member for a CSRB and only faculty and staff members for an SMRB. During exam periods, holidays, and summer sessions when CSRB student members may not available, a proceeding may be convened without a student member. The respondent, however, maintains the right to waive the three Board member requirement. If there are not three Board members present, and the respondent has not waived the requirement, the review must be rescheduled. It is the responsibility of the Dean of Campus Life or designee to coordinate members assigned to a Board.
  2. Chairperson of the Board.  The Review Board will have a chairperson from amongst the Review Board’s members. The Dean of Campus Life or designee may appoint an ex officio, non-voting co-chairperson (typically a Graduate Assistant for the Dean of Campus Life Office). The chairperson or co-chairperson has the authority to direct the review; call recesses; postpone reviews; take appropriate steps to maintain order; decide questions on the relevance of information in the case; recall or call for additional witnesses who are relevant and/or necessary to resolving the matter; monitor the presentation of questions to participants; and ensure that established procedures are followed.
  3. Proceedings.  Proceedings include presenting of information provided by the Dean of Campus Life or designee; statements by the respondent; statements of the complainant (as applicable); questioning by a review official(s) of any party to the proceedings; questioning by the respondent; questioning by the complainant; statements of witnesses. Questioning by the respondent or complainant will be facilitated by the Chairperson of the Review Board.  A Process Observer observes the proceedings only during Sexual Violence Review Board panels.
  4. Witnesses. Individuals from the campus community with pertinent, direct knowledge pertaining to the incident(s) may serve as witnesses. Non-campus community members may serve as witnesses with prior approval from the Dean of Campus Life or designee. So-called “character witnesses” may not be called. The respondent and the complainant must submit a list of witness names and relevance of each witness to the Dean of Campus Life Office at least 3 to 5 business days in advance of the Review Board. The day of the Review Board, witnesses are asked to wait in a designated waiting area while the review/hearing is conducted. Witnesses are called in the hearing at the discretion of the Chairperson of the Review Board. Witnesses may not return to the waiting room following their testimony unless instructed to do so by the Chairperson. Witnesses may provide information via telephone or a written statement, with prior approval from the Dean of Campus Life or designee.
  5. Record of Proceedings. Board proceedings are audio recorded by the Review Board. No other recordings are allowed. This record is the property of the College. A student may have access to listen to the recording solely for the purpose of an appeal, and it must be reviewed only in the presence of a designee in the Dean of Campus Life Office.  Students may take notes on the recording, but may not make their own recording or make copies of the recording. Arrangements to access the recording must be made through the Dean of Campus Life Office.
  6. Standard of Proof.  Decisions regarding alleged violations are considered on the basis of “more likely than not” to have occurred, a preponderance of evidence standard.
  7. Voting.  Board members will make decisions through attempting to build consensus through discussion; if consensus cannot be reached, then a majority vote of all Review Board members is necessary for any action or decision.
  8. Decision and Outcome.  The discussion and decision by Review Board is conducted in private. If the student is found in violation of the Community Standards, then the Review Board will then have access to a respondent’s prior student conduct record for the purposes of determining a suitable sanction, only after making a decision on the pending violations. The Review Board recommends appropriate sanctions to the Dean of Campus Life or designee who then makes the final decision based on all information. Every effort will be made to notify the respondent of the outcome within 5 business days after the Review Board; Dean of Campus Life Office will provide notification.
  9. Failure to Appear.  If a respondent fails to appear, the Review Board may proceed without the respondent. It will be presumed that he or she has waived his or her right to speak at a hearing. The information in support of the charges is presented to and considered by the Review Board.
  10. Wagner Support Person.  The complainant and the respondent are each permitted one support person during the course of the Review Process. Students going in front of a Review Board must have a support person who is a member of the Wagner College community.  Students going in front of the Non-Title IX Sexual Misconduct Review Board may have an advisor of choice as their support person.  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 of that person’s name at least  5 business days 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.
Rights of a Complainant.
    1. file a report with the Office of Public Safety, the Office of Residential Education or the Dean of Campus Life Office, that may be used to file charges against another student or recognized student organization; this report must include the facts of a situation, the person’s name and the date of the incident in question;
    2. be present throughout a review conducted with the respondent in response to the alleged violations reported by the complainant or the College;
    3. to review all incident reports and statements provided to the Review Board;
    4. to introduce documents or additional evidence and present witnesses who were present or that can provide relevant information directly related to the situation in question;
    5. testify without direct contact with the respondent, as long as there is no infringement upon the respondent’s right to question the witness;
    6. ask questions of the respondent(s) through the designated Hearing Officer(s);
    7. to have a support person present;
    8. to ask questions of witnesses present in hearing through the hearing officers;
    9. upon request, the right to notification of the name of each person expected to speak at a Review Board.
    10. to ask questions any person participating in the Review Board through the Review Board members;
    11. to submit an impact statement;
    12. to request a separate waiting area in advance;
    13. to challenge the objectivity or fairness of any of the persons serving on a Review Board.  The decision to uphold the challenge rests with the Chairperson of the Review Board.
    14. to be kept informed about the process;
    15. to be informed of the outcome of any disciplinary action against the respondent at the same time as the respondent;
    16. to appeal an outcome
    17. the right to review the record that exists of a Review Board or conference in accordance with all state laws and the Family Educational Rights and Privacy Act.
    18. the right to request postponement of a Review Board for good cause shown.  In most cases, a postponement will only be granted due to an academic commitment.  The decision to postpone a Review Board rests with the Dean of Campus Life.
    19. In addition to the above, the following rights are also provided to a complainant who is the alleged victim of aggressive or violent behavior (which includes sexual violence):
      1. No Communication Order: A No Communication Order is issued to students to cease further contact or harassment, verbal or otherwise, of individuals involved in a case. A No Communication Order extends to individuals who make contact or harass an individual on behalf of the respondent or complainant. Students violating this order are subject to disciplinary action by the Dean of Campus Life Office; request modification of on-campus living arrangements or academic accommodations; be informed of the outcome of any disciplinary action when there has been unwanted violent or aggressive behavior; ask for use of technology to allow the Review Board to take place without the complainant and respondent present in the same room; and to appeal an outcome.
Rights of the Respondent.
    1. to receive written notice of complaint; right to receive notification of the Community Standards allegedly violated and the date, time, and place of any conference or hearing on the alleged violation.
    2. To be present throughout a review conducted with the complainant in response to the alleged violations reported by the complainant or the College;
    3. to review all incident reports and statements provided to the Review Board;
    4. to introduce documents or additional evidence and present witnesses who were present or that can provide relevant information directly related to the situation in question;
    5. testify without direct contact with the complainant, as long as there is no infringement upon the respondent’s right to question the witness;
    6. to ask questions of the complainant through the designated Hearing Officer(s);
    7. to have a support person present;
    8. upon request, the right to notification of the name of each person expected to speak at a Review Board.
    9. to ask questions of any person participating in the Review Board through the Review Board members;
    10. to be present at the Review Board or any other conference on the alleged violation and to make or refrain from making statements;
    11. to submit an impact statement
    12. to request a separate waiting area in advance;
    13. to challenge the objectivity or fairness of any of the persons serving on a Review Board.  The decision to uphold the challenge rests with the Chairperson of the Review Board.
    14. to be kept informed about the process;
    15. to receive written notice of findings at the same time as complainant;
    16. to appeal an outcome;
    17. the right to review the record that exists of a Review Board or conference in accordance with all state laws and the Family Educational Rights and Privacy Act.
    18. the right to request postponement of a Review Board for good cause shown.  In most cases, a postponement will only be granted due to an academic commitment.  The decision to postpone a Review Board rests with the Dean of Campus Life.
 
 
RANGE OF POSSIBLE SANCTIONS
 
Sanctions represent the outcome of a situation when an individual student or student organization is found responsible for Community Standards violations. The below represent a broad range of sanctions. Serious violations of the Community Standards, a series of violations over time, and/or not completing assigned sanctions could result in more serious sanctions such as suspension from housing and/or suspension or expulsion from the College. Examples include, but are not limited to:
 
Disciplinary Warning. A disciplinary warning is a written notification to the student or organization that his/her behavior is unacceptable in the College community and that repetition of that behavior will result in further and more serious disciplinary action. This sanction is usually combined with an educational assignment.
 
Organizational Disciplinary Warning. This sanction is assigned when an organization has been found to be responsible for Community Standards violations.  Organizational Warning is not the same as individual Disciplinary Warning and the following restrictions and requirements should be understood as a base or minimum for an organization placed on Organizational Disciplinary Warning, thus the range of possible sanctions are not limited to what is outlined below. Specifically, any organization holding a standing of Disciplinary Warning will be limited to holding a maximum of 1 social event per semester, additionally any organization placed on Disciplinary Warning will be limited to holding a maximum of 1 event off-campus per semester and if planned this event must be submitted for review and cleared by Student Engagement & Activities /Dean's Office at least 2 weeks prior to the event.  Any organization on Disciplinary Warning will attend at least 1 campus-wide educational or leadership event and will work with SEA to schedule an organization-wide meeting with SEA and their advisor to discuss future   organizational planning and goal setting with the ultimate goal of Organizational Good Standing.  Any Organization unable to successfully complete their sanction(s) including Disciplinary Warning, or found responsible for additional code of conduct violations while currently on Disciplinary Warning will most likely be placed on Organizational Disciplinary Probation unless the situation requires an alternative follow-up.
 
Educational Sanctions.  Educational sanctions are intended to contribute to the education of the student, the education of the college community, and/or to be a form of social restitution. The student or organization may be required to attend, plan or participate in a program, workshop, or other appropriate activity or to write a paper about an appropriate subject related to the offense.
 
Official Notification.  A written warning provide to a student who has violated a policy that has an impact on any other student, community member, or person(s) at Wagner College.  An official notification serves as a point of reference that a policy has been noted and the behavior should be addressed. A meeting is not required, but may be requested by the student.
 
Compulsory Service. The student or organization may be required to work jointly with the hearing officer or Board to determine a compulsory service project that is in some way related to the offense.
 
Notification of a Parent/Guardian. In compliance with FERPA and the College’s policies, The College reserves the right to notify parents and/or guardians when there is a change in student status, or when continued enrollment at the College or residence in campus housing is in jeopardy. This includes, but is not limited to: behavior that presents a real danger of substantial harm to self or others or substantially disrupts the learning environment and activities of the campus community, accident or injury requiring medical treatment at a hospital or other off-campus facility, prolonged inactivity in coursework, or disciplinary action such that removal from housing is imminent.  A letter will be sent home to parents/guardians if a student is placed on disciplinary probation.
 
Residence Hall Relocation.  The student or organization may be required to move their individual residence hall room or placement as part of a floor related to an organization.
 
Restitution. Restitution requires the student or organization to pay for direct and indirect costs of damages caused to property or person. Students are also charged $30.00 to their account for the CHOICES course.  Additionally, students can be fined up to $100 for failure to complete sanctions.  There is a minimum $500 fine for any incident related to fire safety violations (See Fire Safety Violations section).  Students may also be subjected to fines from the New York Fire Department of up to $25,000.
 
Revoking of privileges.  Based on the nature of the violation of code of conduct, students or organizations may have privileges revoked, some examples include: guest pass privileges, visitation within the residence halls, ability to participate in housing selection, privileges to stay late or return to campus early, use of and/or access to residence hall lounge.
 
Disciplinary Probation.  This sanction is assigned for a described period of time during which the student may be required to fulfill specified conditions or obligations, with the understanding that failure to meet the requirement of the probation or further infraction of College policy may result in more severe sanctions, including suspension or expulsion from the College. For sanctions of disciplinary probation, a letter will be sent home to a parent or guardian, in compliance with FERPA and the College’s policies. Individuals on Disciplinary Probation are not eligible to hold office or significant leadership position in any student group or organization; are not eligible for certain leadership positions or employment positions on campus; and are not eligible to participate in study abroad programs, including EYH or join a Greek Letter organization. This sanction may limit student participation in other College activities or programs, including those that required attendance on campus outside of the traditional academic year calendar.
 
Organizational/Club Probation. This sanction is assigned when an organization has been found to be responsible for code of conduct violations.  Organizational Probation is not the same as individual Disciplinary Probation and the following restrictions and requirements should be understood as a base or minimum for an organization to be placed on probation, thus the range of possible sanctions are not limited to what is outlined below.   Specifically, any organization holding a standing of Disciplinary Probation will not be able to host social events, to submit candidates for royal court, not to be able to host any off-campus events unless cleared by SEA/Dean's Office at least 2 weeks in advance. Any organization on probation will sponsor at least 1 campus-wide educational or leadership event; will review their organizational constitution; will, as an organization, attend at least 1 campus sponsored event, and will hold at least 2 meetings with their current advisor focusing on strengthening the organization, expectations and leadership development.  Additionally, organizations on Disciplinary Probation may have budgetary restrictions, limits as to how many meetings the organization might sponsor, and additional sanctions based on the conduct violation.
 
No Communication Order. No Communication Orders are designed so that students   involved in a campus conduct process do not have any communication with each other to help minimize further altercations between those involved. Students under No Communication Orders are not to communicate each other using any means.  Additional details are provided in the No Communication Order that students under the Order receive via Wagner email.
 
Residence Hall Suspension.  This sanction requires the student to terminate occupancy of on campus residence for a specified period of time, and is automatically accompanied by the assignment of a Persona Non Grata status, banning the student from all residence halls of the College.
 
Interim Suspension.  In cases that are serious in nature, the College reserves the right to interim suspend students and temporarily separate them from the residence halls and/or the College pending the outcome of the student conduct process.
 
Suspension.  This sanction separates a student from the College for a specified period of time and is automatically accompanied by the assignment of a Persona Non Grata status, banning the student from the College. Conditions for return to the College, if any, must be outlined at the time of suspension.
 
Expulsion.  Expulsion is the permanent separation of the student from the College. It is reserved for the most serious offenses, and is automatically accompanied by the assignment of a Persona Non Grata status from the College.
 
Transcript Notation. New York State Law requires that, for violent crimes, the College records the outcome of disciplinary action on a student’s transcript.  In disciplinary complaints involving withdrawal prior to a disciplinary hearing or Review Board, interim suspension, suspension, or dismissal, the student’s academic transcript shall be noted as follows: Withdrawal prior to a hearing: “Readmission subject to Student Disciplinary Hearing.” This comment is removed if a student is readmitted. Disciplinary Interim Suspension (pending a hearing): Student receives W or W grades according to established guidelines. Transcript comment reads: “Disciplinarily suspended on (date).” Disciplinary Suspension: Student receives W or W grades according to established guidelines. Transcript comment reads: “Disciplinarily suspended until (date).” Comment is removed when the term of suspension expires. Disciplinary Expulsion: Student receives W or W grades according to established guidelines. Transcript comment reads: “Disciplinarily expelled on (date).” After five years from the date of the student leaving the College for withdrawal pending disciplinary hearing, disciplinary interim suspension, or disciplinary expulsion, the student may petition the Provost and Vice President for Academic Affairs or designee to have the transcript comment removed. It is the student’s responsibility to provide substantial evidence which supports the petition and provide documentation of their activities (work, education, etc.) since their exit from the College.
 
THE APPEALS PROCESS
 
Appeals must be based on one of the following criteria:
  1. New information that was not available at the time of the hearing that would significantly alter the decision if the information were available at the time of the hearing
  2. A significant procedural error that impacts the outcome of the review
 
Te appeal must only be submitted by the student and must include the name, address, email address, Wagner ID number, and telephone number of the respondent or complainant (only in cases of violent/aggressive behavior and sexual violence), and a clear statement explaining the nature of the circumstances of the appeal, citing specific examples.
 
Each sanction letter will outline the student’s appeal rights, including the appeal officer’s name, title, and contact information. Appeals to decisions rendered by staff members in the Office of Residential Education are directed to Director of Residential Education or the Dean of Campus Life or designee, while appeals to decisions rendered by the Dean of Campus Life staff or the CSRB are directed to the Vice President for Internationalization, Intercultural Affairs, and Campus Life or Provost or designee. Appeals for decisions rendered by SMRB are reviewed by an appeal board. The appeal officer(s) will only consider information submitted based on the above criteria. Failure to meet the necessary requirements may result in denial of an appeal. Students who take responsibility for violating policy cannot appeal the outcome decision, but are encouraged to ask the conduct officer questions or set a meeting to discuss concerns.
 
A respondent or complainant has two business days from receipt of the decision letter to submit an appeal to present supporting information to the appeal officer. Submissions should be emailed directly to the appeal officer.  On the basis of a review of this information only, the appeal officer determines if grounds for an appeal exist and, if so, whether or not to accept the appeal. If the appeal officer decides not to grant the appeal, the student is notified in writing and the sanction assigned at the initial review takes immediate effect.  If the appeal officer determines that grounds exist for an appeal, the materials outlined above and all relevant documentation will be reviewed. Upon review of the case, the appeal officer will notify the student of the outcome in writing. The appeal officer will attempt to do so within 7 business days.  If the appeal meets the criteria, the appeal officer will review the information the case to determine how to proceed. If the appeal criteria is not met, then the appeal request is denied and the original decision on the sanction letter is upheld and final.  For instances when a student has been suspended or expelled, the student may request a meeting with the appeal officer to further discuss the case before a decision is made regarding an appeal.  The appeal officer may choose whether or not to grant the meeting request.

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.


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 April 2020 - May 2020
  • Responses were Anonymous
  • All demographic information was voluntarily self-reported; therefore, not all counts add up to the total who responded.
  • 299 undergraduate and 37 graduate students completed the survey (a 17% response rate for all Wagner students and 19% for undergraduates).
What we Learned
  • 90% of undergraduate respondents reported that they received information what sexual assault is and how to recognize it
  • 86% 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
  2015 2017 2020
What is sexual assault and how to recognize it?
Yes 49% 72% 90%
Recognizing actions you can take to prevent sexual assault, such as bystander intervention, clear communication with a potential partner, or some other action 2015 2017 2020
Yes 38% 71% 86%
Unwanted verbal behaviors 2015 2017 2020
“sometimes” or less frequent 58% 29% 20%
“often” or “very often”
Unwanted nonverbal behaviors 2015 2017 2020
“sometimes” or less frequent 27% 13% 10%
“often” or “very often” 5% 3% 3%
Unwanted brief physical contact 2015 2017 2020
“sometimes” or less frequent 32% 15% 11%
“often” or “very often” 7% 3% 4%
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