Title IX Policy

Touro College and University System Policy Concerning Title IX and Sexual Misconduct

1.0 Policy

The Touro College and University System (“Touro”) pledges its efforts to ensure an environment in which the dignity and worth of all members of the community are respected. It is the policy of Touro that sexual intimidation of students and employees is unacceptable behavior and will not be tolerated. Touro will not tolerate unwelcome sexual advances, requests for sexual favors, and any other verbal or physical conduct of a sexual nature constituting sexual harassment or sexual assault (i.e. rape, fondling, incest or statutory rape).

All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to Matthew Lieberman (Title IX Coordinator/Compliance Officer). In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment. Touro will also not tolerate any supervisory and/or managerial personnel who knowingly allow such behavior to continue.

In general, it is a sex crime to engage in any sexual contact with a person who does not affirmatively consent, or to engage in sexual intercourse, deviant sexual intercourse, or sexual abuse if it is accomplished by forcible compulsion. New York State Law also defines these acts as crimes if any of them are engaged in with a person who is incapable of consent either because of the person's age or because the person is mentally defective, mentally incapacitated, or physically helpless. Therefore, sexual abuse, sodomy, and rape are sex crimes and violators will be prosecuted in accordance with New York Penal Law.

2.0 PURPOSE

All divisions of Touro seek to foster a collegial atmosphere where students are nurtured and educated through close faculty-student relationships, student camaraderie, and individualized attention. Discrimination or harassment of any kind, including sexual assault (i.e. rape, fondling, incest or statutory rape), domestic violence, dating violence, and stalking, is anathema to Touro’s mission, history, and identity. Touro will resolve any identified discrimination, harassment or sexual assault in a timely and effective manner. Compliance with Touro’s policies and procedures is a necessary step in achieving a safe environment in our educational community. The policies set forth were developed to promote a safe educational environment in compliance with the Violence Against Women Act (VAWA), New York State Law (including Article 129-B), and a high quality campus life. Those believing that they have been harassed or discriminated against on the basis of their sex, including sexual harassment, should immediately contact the Title IX coordinator. When Touro has notice of the occurrence, Touro is compelled to take immediate and effective corrective action reasonably calculated to stop the harassment, prevent its recurrence, and as appropriate, remedy its effects.

3.0 SCOPE

This policy applies to all members of Touro, including students, faculty, and administrators as well as third-parties (including, but not limited to, vendors, invitees, etc.). This policy applies to events that occur on-campus, off-campus, and on study abroad. Information and/or training regarding this policy are available to students, faculty, and staff. In addition, information about this policy will be available on Touro’s website.

4.0 DEFINITIONS

Advisor

  • Any individual who provides the accuser or accused support, guidance, or advice.

Awareness Programs

  • Awareness program means community-wide or audience- specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.

Ongoing Prevention and Awareness Campaigns

  • Ongoing prevention and awareness campaigns means programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audience throughout the institution and including information on definitions of different crimes, options for bystander intervention, and risk reduction.

Primary Prevention Programs

  • Primary prevention programs means programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.

Risk Reduction

  • Risk reduction means options designed to decrease perpetration and bystander inaction and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

Campus

  • Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and
  • Any building or property that is within or reasonably contiguous to the area identified in paragraph (i) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).

Campus Security

  • A campus police department or a campus security department of an institution.
  • Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department under paragraph (i) of this definition, such as an individual who is responsible for monitoring entrance into institutional property.
  • Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
  • An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. If such an official is a pastoral or professional counselor as defined below, the official is not considered a campus security authority when acting as a pastoral or professional counselor.

Consent (with regards to sexual activity)

  • 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.
    • Consent to any sexual act or prior consensual 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.
    • 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.
    • Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
    • When consent is withdrawn or can no longer be given, sexual activity must stop.

Dating Violence

  • Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  • The existence of a social relationship is based on the “reporting party’s statement” with consideration of
    • the length of the relationship,
    • the type of relationship, and
    • the frequency of the interaction between the persons involved.
    • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of abuse, and does not include acts covered by the definition of domestic violence.

Discrimination and Harassment

  • Title IX, and its implementing regulations, prohibit discrimination based on sex, including sexual harassment. The prohibition against discrimination extends to employment and third-parties. Sexual harassment is unwelcome conduct of a sexual nature and can include sexual advances, request for sexual favors, and other verbal, non-verbal, or physical conduct. Environmental harassment (sometimes referred to as hostile environment) is sexually harassing conduct that is sufficiently severe, persistent or pervasive to limit an individual’s ability to participate in or receive benefits, services, or opportunities at Touro. This can include persistent comments or jokes about an individual’s, sex; verbal behavior, including insults, remarks, epithets, or derogatory statements; nonverbal behavior, including graffiti, inappropriate physical advances short of physical violence such as repeated and unwanted touching; and assault, including physical violence or the threat of physical violence.

Domestic Violence

  • Domestic violence is a felony or misdemeanor crime of violence committed by any of the following individuals:
    • A current or former spouse or intimate partner of the victim; or
    • A person with whom the victim shares a child in common; or
    • A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or
    • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
    • Any other person against an adult or youth victim who is protected under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Pastoral counselor

  • A person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.

Professional counselor

  • A person whose official responsibilities include providing mental health counseling to members of the institution's community and who is functioning within the scope of the counselor's license or certification.

Proceeding

  • All activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact-finding investigations, formal or informal meetings, and hearings.
  • Does not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim.

Result

  • Any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution.
  • The result must include any sanctions imposed by the institution and the rationale for the result and the sanctions.

Sexual Harassment

  • Unwelcome sexual advances, requests for sexual favors, and, other visual, verbal or physical conduct of a sexual nature, when:
  • An individual’s submission to or rejection of the conduct is made, either explicitly or implicitly, a term or condition of employment or of status in a course, program, or activity, or is used as a basis for employment or academic decision; or
  • The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, academic performance, or educational experience, or of creating an intimidating, hostile, humiliating, or offensive working, educational, or living environment.

Sexual Offense

  • Unwelcome sexual advances, requests for sexual favors, and any other verbal or physical conduct of a sexual nature constituting sexual harassment.

Sexual Assault

  • Any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent, and including rape, fondling, incest or statutory rape as acted in the FBI’s Uniform Crime Reporting program.

Rape

  • Is the perpetuation of an act of sexual intercourse with a person against his or her will and consent, or when such person is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity.
  • Is the penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without the consent of a person, or when such person is incapable of giving consent.
  • Acquaintance rape is rape that involves people who know or are familiar with each other.

Stalking

  • Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.
  • A course of conduct is two or more acts, including, but limited to:
    • Acts in which the ‘stalker’ directly, indirectly, or through third parties by any action, method, device, or means,
    • Follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
    • Substantial emotional distress is a significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
    • A reasonable person is one under similar circumstances and with similar identities to the victim.

Jurisdictional Definitions of Domestic Violence, Dating Violence, Sexual Assault and Stalking

  • Domestic Violence: The State of New York does not have a definition of domestic violence. However, assault, menacing, strangulation & related offenses, NY Family Court Act 842, and Penal Law 130.90 provide protections to victims of domestic and dating violence.
  • Assault: A person is guilty of assault in the first degree when:
    1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or
    2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or
    3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or
    4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.
    • Assault in the first degree is a class B felony.
  • Menacing: A person is guilty of menacing in the first degree when he or she commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree or the crime of menacing a police officer or peace officer within the preceding ten years.
    • Menacing in the first degree is a class E felony.
  • Strangulation & Related Offense:
    • A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she:
      • applies pressure on the throat or neck of such person; or
      • blocks the nose or mouth of such person.
    • Criminal obstruction of breathing or blood circulation is a class A misdemeanor.
  • Facilitating a Sex Offense with a Controlled Substance (Penal Law 130.90):
    • A person is guilty of facilitating a sex offense with a controlled substance when he or she:
      • 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
      • commits or attempts to commit such conduct constituting a felony defined in this article.
    • Facilitating a sex offense with a controlled substance is a class D felony
  • Dating Violence: The State of New York does not have a definition of dating violence. See above for definitions pertaining to dating violence.
  • Sexual Assault:The State of New York defines sexual assault as follows: The following definitions are applicable to this article:
    1. “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight.
      1. “Oral sexual conduct” means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.
      2. “Anal sexual conduct” means conduct between persons consisting of contact between the penis and anus.
    2. “Sexual contact” means any touching of the sexual or other intimate parts of a person 1 for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
    3. For the purposes of this article 2 “married” means 3 the existence of the relationship 4 between the actor and the 5 victim as spouses which is recognized by law at the time the actor commits an offense proscribed by this article 6 against the 7 victim.
    4. “Mentally 1 disabled” means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct.
    5. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent.
    6. “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
    7. “Forcible compulsion” means to compel by either:
      • use of physical force; or
      • a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped.
    8. “Foreign object” means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.
    9. “Sexual conduct” means sexual intercourse, 1 oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.
    10. “Aggravated sexual contact” means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis 1 , rectum or anus of a child, thereby causing physical injury to such child.
    11. Health care provider” means any person who is, or is required to be, licensed or registered or holds himself or herself out to be licensed or registered, or provides services as if he or she were licensed or registered in the profession of medicine, chiropractic, dentistry or podiatry under any of the following: article one hundred thirty-one, one hundred thirty-two, one hundred thirty-three, or one hundred forty-one of the education law.
    12. “Mental health care provider” 1 shall mean a licensed physician, licensed psychologist, registered professional nurse, licensed clinical social worker or a licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker.
  • Stalking: The State of New York defines stalking as follows : A person is guilty of stalking in the first degree when he or she commits the crime of stalking in the third degree as defined in subdivision three of section 120.50 or stalking in the second degree as defined in section 120.55 of this article and, in the course and furtherance thereof, he or she:
    1. intentionally or recklessly causes physical injury to 1 the victim of such crime; or
    2. commits a class A misdemeanor defined in article 1 one hundred thirty of this chapter, or a class E felony defined in 2 section 130.25, 130.40 or 130.85 of this chapter, or a class D felony 3 defined in section 130.30 or 130.45 of this chapter.
    • Stalking in the first degree is a class D felony.

Preponderance of the Evidence

  • Just enough evidence to make it more likely than not that the fact the claimant seeks to prove is true.

Retaliation

  • Retaliation is any kind of reprisal, adverse action, or negative action taken against an individual because he or she has:
    • complained about alleged discrimination or harassment as defined above,
    • participated as a party or witness in an investigation relating to such allegations, or
    • participated as a party or witness in a proceeding regarding such allegations. Retaliation can occur contemporaneously during the complaint process or subsequent to it, once the retaliator is aware of the recipient’s participation in the process.
  • Retaliation does not exist in the absence of an adverse action. An individual is protected from retaliation even when the complaint at issue is ultimately found to lack merit, as long as the complaint was made in good faith.
  • Touro does not allow, nor tolerate any conduct by any Touro community member that may be regarded as retaliatory. Retaliation against any individual, whether said person submitted a complaint through the method described below, or for any other reason will not be tolerated.
  • New York State legislation requires that every institution ensures that at the first instance of disclosure by a reporting individual to an institution representative, the following information be presented: “You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting that incident; and to receive assistance and resources from you institution.”

Title IX Coordinator:the Title IX Coordinator and his designee (“Title IX Coordinator”) are annually trained and knowledgeable about enforcement, compliance, communication, and implementation of Touro’s anti-harassment policy. The Title IX Coordinator’s contact information is as follows:

Matthew Lieberman
Title IX Coordinator
Touro College
500 Seventh Avenue, 4th Floor
New York, NY 10018
Phone: 646-565-6000 x55667
Email:matthew.lieberman@touro.edu

5.0 PROCEDURES

Duty to Report Violations
Any member of the Touro community including students, faculty, employees, and third-parties have a duty to report violations of this policy where individuals know, or should know, of accusations or actions which violate Touro Policy and will notify the Touro Title IX Coordinator of such violations promptly.

If you believe that you have been subjected to sexual harassment you may complete the attached complaint form found at the end of this policy, which is also available on TouroOne. Your complaint will then be investigated pursuant to the procedures outlined in this policy.

Formal Investigation and Resolution of Discrimination, Harassment, Sexual Assault or Retaliation Complaints

Duty to Cooperate and Facilitate
All members of Touro are required to cooperate fully with any investigations of harassment. A faculty member, staff member, or student who has relevant information and refuses to cooperate with an ongoing investigation will be subject to disciplinary action for, among other things, violations of the Touro College Code of Conduct and/or insubordination. Likewise, all Touro employees are required to ensure that complaints about harassment are directed to the appropriate administrative office for evaluation and investigation.

Right to Prompt, Fair, and Impartial Proceeding and Complaint Process
Touro is committed to conducting an inquiry that is thorough, prompt and impartial. Accused and accuser will have the opportunity to object to Touro participants as impartial.

Victims have the option to notify proper law enforcement authorities, including on-campus security and local police, or to decline to notify such authorities. Complaints concerning sexual harassment and/or sexual discrimination should be sent to Matthew Lieberman, Title IX Coordinator, 500 Seventh Avenue, 4th Floor, New York, New York, 10018, matthew.lieberman@touro.edu (646-565-6000 x55667) or, alternatively, to the Chief Compliance Officer at compliance@touro.edu and 212.463.0400 x5330. Complaints should be filed as soon as possible after the date of the alleged misconduct, and a written complaint is preferable.

A complaint, which must be submitted within the later of the following two dates: (a) thirty (30) days after the alleged misconduct; or, (b) the end of the semester in which the alleged incident occurred. A complaint should include the following information:

  • Complainant’s full name, home address, email, telephone number, and Touro Student/Employee ID number.
  • Name of the person against whom the complaint was made, including job title or student status, if known.
  • The protected status that is the basis for the alleged discrimination, harassment, or retaliation based on the complainant’s gender.
  • A clear statement of the facts that constitute the alleged discrimination, harassment, or retaliation, including dates on which the acts were committed and any information to identify witnesses.
  • Complainant should include the term and year of his/her most recent active employment, academic, or student status within the university.
  • A student who is seeking admission to Touro should include the term and year in which he/she sought admission to the university.
  • The full name, address, and telephone number of complainant’s advisor or supervisor, if any.
  • The specific harm that resulted from the alleged act and the remedy sought.
  • The complainant’s signature and the date on which the complaint was submitted.

The accused will receive notice of the complaint, along with references to the specific code provision violated, the date, time and location of the incident, and notification of possible sanctions, although the accused will be considered innocent until proven guilty of a violation. While prompt reporting is expected, complaints older than 30 days will be processed. However, if more than 365 days have elapsed since the day of the complaint, the complaint may not be processed. Every effort is made to conduct a thorough and speedy investigation. Several factors may impact Touro’s ability to conduct a prompt investigation, including, but not limited to: the Complainant’s accessibility or unresponsiveness, witness availability or unresponsiveness, the number of witnesses, the timing of the investigation (i.e. if an investigation is being conducted at a time when students are taking final exams or on recess), etc. The process allows for extension with good cause shown. The burden to develop facts surrounding the investigation and/or prove that an incident lacked consent is on the institution, not the reporting individual. A reporting individual may withdraw a complaint or report from the institution at any time. Such individual will not be penalized for withdrawing such complaint. Please note that the institution may, consistent with other provisions of this law as well as federal law, still have obligations to investigate and/or take actions even if the complaint has been withdrawn.

Availability of Counseling
As required under Title IX Touro College through its investigations and/or Title IX Coordinator will offer its internal counseling services to any complainant who has begun the complaint process. It is ultimately the complainant’s decision of whether or not to accept the counseling service offered by Touro College.

Accommodations and Protective Measures Available for Victims
Upon receipt of a report of domestic violence, dating violence, sexual assault or stalking, Touro College will provide written notification to the students and employees involved about accommodations available to them, including academic, living, transportation and working situations. The written notification will include information regarding the accommodation options, available assistance in requesting accommodations, and how to request accommodations and protective measures (i.e., the notification will include the name and contact information for the individual or office that should be contacted to request the accommodations).

At the victim’s request, and to the extent of the victim’s cooperation and consent, College offices will work cooperatively to assist the victim in obtaining accommodations. If reasonably available, a victim may be offered changes to academic, living, working or transportation situations regardless of whether the victim chooses to report the crime to campus police or local law enforcement. Examples of options for a potential change to the academic situation may be to transfer to a different section of a class, withdraw and take a class at another time if there is no option for moving to a different section, etc. Potential changes to living situations may include moving to a different room or residence hall. Possible changes to work situations may include changing working hours. Possible changes in transportation may include having the student or employee park in a different location, assisting the student or employee with a safety escort, etc.

Certain remedial measures may be taken to protect both parties during the pendency of the investigation, including changes to academic, living, transportation, and working situations or other protective measures. Touro may make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

To request changes to academic, living, transportation and/or working situations or protective measures, a victim should contact the Director of Security Lydia Perez at 646-565-600 x55134 or the Title IX Coordinator Matthew Lieberman at 646-565-6000 x55667. If the victim wishes to receive assistance in requesting these accommodations, she or he should contact the Director of Security Lydia Perez at 646-565-600 x55134 or the Title IX Coordinator Matthew Lieberman at 646-565-6000 x55667.

Notice and Timely Access and Preservation of Evidence
The proceeding will be consistent with Touro College’s policies and transparent to both the accuser and the accused. Both accuser and accused will receive timely notice of meetings at which either accuser, accused, or others (upon request) may be present. Both accuser and accused will receive timely and equal access to information that will be used during formal and informal disciplinary meetings or hearings. Touro College will endeavor to protect the privacy of the participating parties and/or witnesses.

It is very important that the victim preserve any proof or evidence of any criminal offense. Such incidents will be reviewed and investigated in an expedient and professional manner.

Intake Interview
After receipt of a complaint, the Title IX Coordinator or his/her designee will meet with the complainant as soon as possible, usually within one week, but not later than thirty (30) days after receipt. The complainant must make himself/herself available to meet.

The meeting will be an intake interview where the Title IX Coordinator or his/her designee will inform the complainant about the investigation procedure and timeline. The complainant will have an opportunity to provide or present evidence and witnesses on their behalf. The complainant may sign a formal complaint form at that time (under the above guidelines) if he/she has not already done so. A complaint will proceed even in the absence of a signed written complaint.

Complaints about Students, Faculty, Other Employees or Third Parties
The College’s disciplinary process includes a prompt, fair, and impartial investigation and resolution process from the initial investigation to the final result. Upon receipt of a complaint, the Title IX Coordinator or his/her designee shall investigate the circumstances of the complaint. This investigation will include documented interviews of the complainant, the person against whom the complaint is written, and witnesses with relevant knowledge, if any. Further, the investigation will include a review of relevant documents and any other evidence. Touro will use the preponderance of the evidence standard in the investigation and disciplinary action, as VAWA requires.

Investigation of Complaints
The Title IX Coordinator or his/her designee shall have thirty (30) days from the intake interview to complete the investigation of the event in question. Usually, the resolution of domestic violence, dating violence, sexual assault and stalking complaints are completed within 60 days of the report. However, each proceeding allows for extensions of timeframes for good cause with written notice to the accuser and the accused of the delay and the reason for the delay. College officials involved in the investigation or adjudication of domestic violence, dating violence, sexual assault and stalking complaints are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking as well as how to conduct an investigation and hearing process that protects the safety of the victim and promotes accountability. Such thirty (30) days may be extended in the event that one of the following occurs:

  • Availability or unavailability of a witness or relevant/material documents;
  • Reluctance of a witness and/or any necessary party;
  • Delay or other uncooperative actions of any necessary party;
  • Numerosity of witnesses;
  • Holidays and vacation periods;
  • Any other unforeseeable events/circumstances.

Both the complainant and respondent will have the same opportunities to have others present during any disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. Touro will not limit the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding, but Touro may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

During any such investigation, the complainant and the accused will each reserve the right to exclude their own prior sexual history with any persons other than the party involved in the hearing during the judicial or conduct investigation process. Both will also reserve the right to exclude any mental health diagnosis and treatment during the institutional disciplinary stage which determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the stage that determines sanction.

Generally speaking an investigation will take less than 60 calendar days following receipt of the complaint. This may not be practicable in every investigation and may vary depending on the complexity of the investigation and the severity and extent of the harassment. The institutional disciplinary procedures will not be conducted by officials who have a conflict of interest or bias for or against the accuser or the accused.

Notice of Determination and Further Action
The Title IX Coordinator or his/her designee shall report the findings of the investigation to a designated, impartial Fact Finder. The Fact Finder shall endeavor to issue a determination within fifteen day after receipt of the investigation file to determine and detail: (a) whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint, (b) a description of actions taken, if any, to prevent similar problems from occurring in the future, and (c) the proposed resolution of the complaint. Both parties will be informed of the outcome reached and sanctions imposed as a result of such investigation and determination.

Both the complainant, the party who filed the complaint or the alleged target of the sexual harassment or sexual assault, and the respondent, the accused, shall be informed of the fact finder’s decision, including the outcome reached and sanctions imposed, in writing simultaneously within ten days of the conclusion of the fact finder’s deliberation. They will both be notified simultaneously and in writing of the outcome of the proceeding; appeal procedures; any change to the result before it becomes final (if applicable); and when the result becomes final. Questions concerning these actions should be addressed to the Title IX Coordinator, Matthew Lieberman. Notification to the appropriate law enforcement officials and other assistance to the student or staff member in notifying law enforcement officials will be provided, if requested.

Touro will provide the victim a written explanation of her/his rights and options with respect to the report when the victim reports to Touro about the misconduct.

Notification to Victims of Crimes of Violence
The College will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as the result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

Appeals
The complainant and respondent alike will be provided with at least one level of appeals.

Both the complainant and the respondent are eligible to file an appeal to the determination based on (i) a procedural error occurred, (ii) new information exists that would substantially change the outcome of the finding, or (iii) the sanction is disproportionate with the violation.

The request for an appeal, including the grounds upon which the request is based, should be submitted in writing to the Title IX Coordinator within seven (7) business days following the date on the outcome letter. The Appeal should state the remedy sought by the appealing party. Each party may respond in writing to any appeal submitted by the other party. Written responses to the other party’s appeal must be submitted within three (3) business days following delivery of the notice of the written appeal. Written requests for appeal submitted by one party will be shared with the other party.

Appeals will be conducted in an impartial manner by trained College officials without conflict of interest or bias for or against either party. A party with a concern about a conflict of interest or bias should contact the Title IX Coordinator. The Appeals Panel can determine whether a change in the decision is warranted. If applicable, both the accuser and accused will have an opportunity to be present or have others present during any disciplinary proceedings. If a change in this decision is necessary, the Appeals Panel will review the appeal and rationale and make a final decision. Both parties will be informed of the outcome reached and sanctions imposed as a result of such proceedings.

Appeals will not be reviewed or considered beyond the Appeals Panel. Appeals decisions will be rendered within twenty (20) business days after the receipt of the formal request for appeal. The appeal decision will be provided in writing to both parties and the appeal decision is final. However, information obtained during the course of the conduct or judicial process will be protected from public release until the appeals process is final, unless otherwise required by law.

Touro has a grade appeal process, which is not circumvented by this policy. This procedure is not a substitute for a grade appeal. A grade appeal may be suspended until a determination has been made by the fact finder.

Touro will provide the victim a written explanation of her/his rights and options with respect to the report when the victim reports to Touro about the misconduct.

6.0 SANCTIONS FOR VIOLATIONS

Student violators may be subject to the following sanctions and remedial measures on a case-by-case basis:

  • Warning: A written reprimand putting the student on notice that he/she has violated the Code of Conduct. A copy of this warning is placed in the student's folder.
  • No-Contact Order: A student may be ordered to temporarily not intentionally contact a victim through any medium.
  • Probation: A student may be placed on disciplinary probation for a definite period of time. While on probation, students may not hold office in Student Government Organizations, Clubs or Societies or represent the college in any capacity. Further violations while on probationary status will result in suspension or expulsion from the college.
  • Restitution: A student may be required to pay restitution to the college or to fellow students for damages and losses resulting from his/her actions.
  • Suspension: At any time during a student's enrollment at the college he/she may be suspended and barred from attending classes for a definite period, not to exceed two years. A student who is suspended is entitled to a written clarification with specific reasons for and description of the sanction. A student may not be automatically re-enrolled at the end of his/her suspension. He/she must apply to the Student Affairs Committee for re-enrollment.
  • Expulsion: Touro may terminate a student's status at the college at any time.

Faculty and staff (part-time and full-time) who violate the policy will be subject to disciplinary sanctions on a case-by-case basis as follows:

  • Censure: A written reprimand, outlining the violation(s) of college policies, may be placed in the personnel file of individual violators.
  • Probation: Faculty and/or staff may be placed on probation for a definite period of time up to a maximum of one year. In such instances, individuals may be required to enroll in a therapeutic counseling or treatment program.
  • Suspension: Faculty and/or staff may be suspended from employment without pay for a period of time ranging from seven days to a maximum of one year.
  • Termination of Employment: Faculty and/or staff may be dismissed from employment upon written notice by the Dean of Faculties (for faculty members) or the Vice President for Administration (all other employees).
  • Legal Action: Faculty and/or staff may be turned over to law enforcement authorities for criminal prosecution and legal action.

In both cases for students, faculty and staff, the existence of a progressive system of disciplinary sanctions measures does not preclude Touro College from levying a heavy sanction, without first resorting to a lesser sanction. By way of illustration and not exclusion, Touro College may expel a student or terminate a staff member for a violation of policy without first issuing a warning or putting that student or employee on probation.

College-Initiated Protective Measures
In addition to those protective measures previously described, the Title IX Coordinator or their designee will determine whether interim interventions and protective measure should be implemented, and, if so, take steps to implement those protective measures as soon as possible.

When the accused or respondent is a student, to have the institution issue a “no contact order” consistent with institution policies and procedures, whereby continued intentional contact with the reporting individual would be a violation of institution policy subject to additional conduct charges; if the accused or respondent and a reporting individual observe each other in a public place, it shall be the responsibility of the accused or respondent to leave the area immediately and without directly contacting the reporting individual. Both the accused or respondent and the reporting individual shall, upon request and consistent with institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request. Institutions may establish an appropriate schedule for the accused and respondents to access applicable institution buildings and property at a time when such buildings and property are not being accessed by the reporting individual.

Other examples of interim protective measures include, but are not limited to: a College order of no contact, residence hall relocation, adjustment of course schedules, a leave of absence, or reassignment to a different supervisor or position. These remedies may be applied to one, both, or multiple parties involved. Protective measures imposed may be temporary pending the results of an investigation or may become permanent as determined by Touro College. Violations of the Title IX Coordinator’s directives and/or protective measures will constitute related violations that may lead to additional disciplinary action including interim suspension pending the outcome of a judicial or conduct process consistent with Touro policy. Both the accused or respondent and the reporting individual shall, upon request and consistent with the institution’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of the request.

Policy For Transcript Notations
For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), Touro shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.” Touro will allow for appeals seeking removal of a transcript notation for a suspension, provided that such notation shall not be removed prior to one year after conclusion of the suspension, while notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed. (Section 6444(6) NYS Education Law Article 129-B)

7.0 CONFIDENTIALITY

Touro has independent obligations to report or investigate potential misconduct, even if a complainant does not wish to initiate an official process. Therefore, absolute confidentiality cannot be promised with respect to a complaint of discrimination, harassment, sexual harassment, sexual assault (i.e. rape, fondling, incest or statutory rape) or retaliation received either through Touro’s compliance hotline or otherwise. The phone number for the Touro hotline is 646-565-6000 x55330.

Touro wishes, however, to create an environment in which legitimate complaints are encouraged, while also protecting the privacy of all involved in an investigation. Complaints about violations of these policies will therefore be handled in strict confidence, with facts made available only to those who need to know in order for Touro to promptly and thoroughly investigate and resolve the matter. Touro employees will explain to the reporting individual whether he or she is authorized to offer the reporting individual privacy. Even Touro offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution. (this exact language must be included)

Reporting individuals may request confidentiality and choose not to consent to an investigation by Touro, and the Title IX Coordinator must weigh the request against the institution’s obligation to provide a safe, non-discriminatory environment for all members of its community. If Touro determines that an investigation is required, it must notify the reporting individuals and take immediate action as necessary to protect and assist them. Touro should seek consent from reporting individuals prior to conducting an investigation, and declining consent will be honored unless Touro determines in good faith that failure to investigate does not adequately mitigate a potential risk of harm to members of the community. If an individual discloses information through a public awareness event, Touro is not obligated to begin an investigation based on such information.

Touro will complete publicly available record-keeping for purpose of Clery Act reporting and disclosure. These reports will not include identifying information about the victim or accused and shall maintain confidentiality of any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of Touro to provide the accommodations or protective measures.

The College does not publish the name of crime victims or other identifiable information in the Daily Crime Log or in the annual crime statistics that are disclosed in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Furthermore, if a Timely Warning Notice is issued on the basis of a report of domestic violence, dating violence, sexual assault or stalking, the name of the victim and other personally identifiable information about the victim will be withheld.

By only sharing personally identifiable information with individuals on a need-to-know basis, without the inclusion of identifying information about the victim (to the extent possible), the institution will maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of Touro to provide the accommodations or protective measures.

8.0 RETALIATION

Retaliation is any kind of reprisal, adverse action, or negative action taken against an individual because he or she has:

  • Complained about alleged discrimination, harassment or sexual assault as defined above,
  • Participated as a party or witness in an investigation relating to such allegations, or
  • Participated as a party or witness in a proceeding regarding such allegations.

Retaliation can occur contemporaneously during the complaint process or subsequent to it, once the retaliator is aware of the recipient’s participation in the process. Retaliation does not exist in the absence of an adverse action. An individual is protected from retaliation even when the complaint at issue is ultimately found to lack merit, as long as the complaint was made in good faith.

Touro does not allow, nor tolerate any conduct by any Touro member that may be regarded as retaliatory. Retaliation against any individual, whether said person submitted a complaint, will not be tolerated.

Upon the first instance of disclosure by a reporting individual to a Touro representative, the individual will be informed:

“You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting that incident; and to receive assistance and resources from your institution.”

Reporting individuals or bystanders who report an incident of sexual assault in good faith will receive amnesty for drug and alcohol use. The following is Touro’s Alcohol and/or Drug Amnesty Policy:

“The health and safety of every student at the Touro is of utmost importance. Touro 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. Touro strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Touro officials or law enforcement will not be subject to Touro’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.” Employees, faculty and students who violate Touro’s policies may be subject to disciplinary action. Individuals, who retaliate against someone who files a complaint, or against a witness, representative, or advocate for a complainant, will be subject to further disciplinary action.

9.0 ASSISTANCE FOR VICTIMS: RIGHTS & OPTIONS

Regardless of whether a victim elects to pursue a criminal complaint or whether the offense is alleged to have occurred on or off campus, the College will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with a written explanation of their rights and options. Such written information will include:

  • the procedures victims should follow if a crime of dating violence, domestic violence, sexual assault or stalking has occurred;
  • information about how the institution will protect the confidentiality of victims and other necessary parties;
  • a statement that the institution will provide written notification to students and employees about victim services within the institution and in the community;
  • a statement regarding the institution’s provisions about options for, available assistance in, and how to request accommodations and protective measures; and
  • an explanation of the procedures for institutional disciplinary action

Rights of Victims and the Institution's Responsibilities for Orders of Protection, “No Contact” Orders, Restraining Orders, or Similar Lawful Orders Issued by a Criminal, Civil, or Tribal Court or by the Institution

Touro College complies with New York law in recognizing orders of protection. Any person who obtains an order of protection from New York or any reciprocal state should provide a copy to Campus Security and the Office of the Title IX Coordinator. A complainant may then meet with Campus Security to discuss the order, its consequences, and/or develop a Safety Action Plan, which is a plan for campus police and the victim to reduce risk of harm while on campus or coming and going from campus. This plan may include, but in not limited to: escorts, special parking arrangements, providing a temporary cellphone, changing classroom location or allowing a student to complete assignments from home, etc.) The College cannot apply for a legal order of protection, no contact order or restraining order for a victim from the applicable jurisdiction(s). However the individual may receive assistance from police or campus security, or have them call the appropriate agency in order to effect an arrest when an individual violates an order of protection.

The College may issue an institutional no contact order if deemed appropriate or at the request of the victim or accused. If the College receives a report that such an institutional no contact order has been violated, the College will initiate disciplinary proceedings appropriate to the status of the accused (student, employee, etc.) and will impose sanctions if the accused is found responsible for violating the no contact order.

It is very important that the victim preserve any proof or evidence of the criminal offense. Such incidents will be reviewed and investigated in an expedient and professional manner. The employee or student can also file a grievance as per Touro’s grievance policy described in the Administrative Handbook. The federal laws require that both accuser and accused have the opportunity to object to Touro Participants as impartial.

Procedures the College Will Follow When a Crime of Domestic Violence, Dating Violence, Sexual Assault and Stalking is Reported

The College has procedures in place that serve to be sensitive to victims who report sexual assault, domestic violence, dating violence, and stalking, including informing individuals about their right to file criminal charges as well as the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services on and/or off campus as well as additional remedies to prevent contact between a complainant and an accused party, such as housing, academic, transportation and working accommodations, if reasonably available. The College will make such accommodations, if the victim requests them and if they are reasonable available, regardless of whether the victim chooses to report the crime to the Campus Security department or local law enforcement. Students and employees should contact Lydia Perez at 646-565-6000 x55134 or the Title IX Coordinator Matthew Lieberman at 646-565-6000 x55667

The following Student Bill of Rights is a summary of many of the procedures listed above in Section 5. Under this Bill of Rights all students have the right to:

  1. Make a report to local law enforcement and/or state police;
  2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
  3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by 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; and
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

If a report of domestic violence, dating violence, sexual assault or stalking is reported to the College, the College will follow the procedures above in Section 5.

10.0 VICTIM ASSISTANCE

In cases of rape and/or sexual violence, there are many sources of support available to victims.

ON CAMPUS

  • Emergency Assistance
  • Employee on staff is available to work with the Touro community to meet immediate need.
  • Accompaniment
  • Security is available to provide support and escort around campus, and in certain instances to assist the individual in getting home.
  • Other available community resources may be provided based on client’s individual needs.

OFF CAMPUS

NEW YORK

NATIONAL

ISRAEL

24 HOUR HOTLINES

  • Nycagainstrape.org for all city hotlines, emergency rooms with trained rape crisis counselors and examiners, and referrals for on-going support.
  • NYC Gay & Lesbian Antiviolence Project: (212) 714-1141
  • DAYONE – Not 24 hours but free legal assistance for teens under 23
  • RAINN – Rape, Abuse, and Incest National Network: 1-800 656-HOPE
  • Safe Horizon: (212) 577-7777
  • Victims Services Agency: (212) 577-7777
  • Sexual Assault Victim’s Counseling Program: (212) 227-3000
  • Victim Assistance Services, Westchester County: (914) 345- 9111
  • Coalition Against Domestic Violence Nassau County Hotline: (516) 542-0404
  • Victim Information Bureau of Suffolk Hotline: (631) 360-3606
  • Orange County, New York (Middletown) Helpline: (800) 832- 1200

SEXUAL ASSAULT SERVICES AT MEDICAL CENTERS

  • Bellevue Hospital, Rape Crisis Coordinator: (212) 562-3435
  • Beth Israel Medical Center, Victim Services Director: (212) 420-4516
  • Long Island College Hospital, Rape Crisis Director: (718) 780-1459
  • Mt. Sinai Medical Center, Rape Crisis Director: (212) 423-2140
  • North Central Bronx Hospital, Rape Crisis Coordinator: (718) 519-4912
  • National Domestic Violence Hotline: 1-800-621-HOPE
  • St. Luke’s Roosevelt Hospital: (212) 523-4728

NYPD Special Victims Division: (646) 610-8718 is committed to providing a safe learning and working environment, and in compliance with federal law has adopted policies and procedures to prevent and respond to incidents of sexual violence including sexual assault, domestic violence, dating violence and stalking. These guidelines apply to all students, faculty, staff, contractors, and visitors.

Information on New York state criminal statutes can be found at:

http://codes.lp.findlaw.com/nycode/PEN/THREE/H/130

Please see the Touro College and University Systems Sexual Violence Policy in the Appendix for more information.

11.0 EXTERNAL REPORTING

Touro will conduct a campus climate assessment every other year to ascertain general awareness and knowledge of the provisions of this policy, including student experience with and knowledge of reporting and college adjudicatory processes, which shall be developed using standard and commonly recognized research methods. The aggregate results of these campus climate assessments shall be posted on Touro’s website with no identifying information about respondents. Touro will also annually submit to the New York State Education Department aggregate data and information about reports of domestic violence, dating violence, stalking, and sexual assault.

Members of Touro are always subject to local, state, and federal laws, and nothing in these procedures is intended to limit or postpone the right of an individual to file a complaint or charge with appropriate federal, state, or local departments or agencies.

It is the rights of victims and the responsibilities of all members of the community to comply with protective orders issued by a criminal, civil or tribal court or by Touro.

U.S. Department of Education Office for Civil Rights

Among other options, individuals may contact the Office for Civil Rights of the U.S. Department of Education for inquiries concerning the application of Title IX as well as the implementation of its regulations. The Office for Civil Rights can be contacted using the following information:

U.S. Department of Education
Office for Civil Rights
32 Old Slip, 26th Floor
New York, New York 10005
Phone (646) 428-3800
Fax (646) 428-3843
Email: OCR.NewYork@ed.gov

New York State Division of Human Rights (DHR)

The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with DHR or in New York State Supreme Court.

Complaints with DHR may be filed any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged discrimination. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to Touro does not extend your time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment. You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that discrimination has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If discrimination is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying monetary damages, attorney’s fees and civil fines.

NYS Division of Human Rights,
One Fordham Plaza, Fourth Floor,
Bronx, New York 10458
Phone (718) 741-8400
Website www.dhr.ny.gov

Contact DHR at (888) 392-3644 or visit hr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.

United States Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred.

If an employee believes that he/she has been discriminated against at work, he/she can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed.

EEOC
Phone 1-800-669-4000 (1-800-669-6820 (TTY))
Website www.eeoc.gov
Email info@eeoc.gov

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights.

Law Enforcement Bureau of the NYC Commission on Human Rights
40 Rector Street, 10th Floor,
New York, New York;
Phone 311 or (212)306-7450;
Website www.nyc.gov/html/cchr/html/home/home.shtml

Contact the Local Police Department

If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.

12.0 POLICY ON MONITORING CRIMINAL ACTIVITY

Touro College monitors and records criminal activity by students at non-campus locations of student organizations officially recognized by Touro, including student organizations with non-campus housing facilities through local police agencies. Touro has a memorandum of understanding with the New York Police Department and the Suffolk County Police Department that they are to provide Touro with any information regarding issues that may affect Touro College. While the Miami Dade Police Department does not honor memorandums of understanding, they too have an obligation to inform Touro of any issues that may affect Touro College.

13.0 PROGRAMS

All new students, including transfers, student leaders, student athletes, and officers of student organizations, will attend a program about the provision of this policy and how to prevent, and best protect themselves and others against sexual assault, domestic violence, dating violence, and stalking. On at least an annual basis, the Office of the Dean of Students or the Vice-President of Division of Graduate Studies at each of the College's campuses/sites will provide a formal educational program to increase awareness of sexual offenses, including rape, acquaintance rape, dating violence, domestic violence, sexual assault, stalking and other forcible and non­forcible sexual offenses.

Touro engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault and stalking that:

  • Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and
  • Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels.

The programs will include discussion of what constitutes these offenses, penalties for these offenses, definition of consent, prevention and awareness programs and ongoing prevention and awareness campaigns, risk reduction for students and faculty, safe and positive options for bystander intervention and security measures to protect against the occurrence of these offenses. Touro will advertise the date, time and content of these educational programs on posters displayed in those areas regularly used by students and employees of Touro.

Presentations will be made by guest speakers and appropriate members of Touro's faculty and staff. The training programs’ topics are as follows:

    • Protect Your Possessions and Identity
      • Most property is lost due to people being inattentive. We will instruct them that opportunist will take advantage of an easy grab. Not to leave items lying around, locking up your room, proper techniques to protect your property while walking around. To be aware of your surroundings and whose around you, i.e. ATM usage. We will also discuss Online/telephone scams to protect ones identity. Never giving out ones information to strangers or bogus request from online scams and or telephone solicitation. Offered as follows:
        • Campus Security Lecture
        • DVR for Site Training
        • NYPD Lecture
        • Online Video (Portal)
        • Operation ID
    • Everyday Safety
      • We will elaborate that you should be aware of your surroundings and that you could be safer while out enjoying the scenes. We provide tips on safety while in elevators, subway, buses, and in dorms etc. Offered as follows:
        • Campus Security Lecture
        • DVR for Site Training
        • NYPD Lecture
        • Online Video (Portal)
    • Common-Sense Defense
      • We may not all be fighters or large individuals, but there are tactics that could be used to allow you to survive a dangerous interaction. These methods will be shown and instructed. We focus on the art of verbal communication. Offered as follows:
        • Campus Security Lecture
        • DVR for Site Training
        • NYPD Lecture
        • Online Video (Portal)
    • Forming Healthy Relationships
      • We discuss methods on how to read another’s actions and determine if this is a good or bad relationship. We offer tips on healthy relationships and how do deal with an unhealthy relationship. Offered as follows:
        • Campus Security Lecture
        • DVR for Site Training
        • Online Video (Portal)
        • We have the capability of inviting agencies such as RAINN, NYPD Domestic Violence Officer
    • Dating Violence/Domestic Violence
      • We discuss warning signs, tips, available agencies to assist our community and reporting of such incidents. Offered as follows:
        • Campus Security Lecture
        • DVR for Site Training
        • Online Video (Portal)
        • We have the capability of inviting agencies such as RAINN, NYPD Domestic Violence Officer
        • Controlling Behavior
    • Controlling Behavior
      • We discuss the signs that a person maybe displaying in a controlling situation. We discuss the psychological issues that arise in these relationships and how you can defend yourself or others from this behavior. Offered as follows:
        • Campus Security Lecture
        • DVR for Site Training
        • Online Video (Portal)
        • We have the capability of inviting agencies such as RAINN, NYPD Domestic Violence Officer
    • Racism, Classism, Religious, and Sexual orientation and Gender Identity (Discrimination)
      • We discuss discrimination and how it affects us. We will identify the trends that are presently being observed and how to combat them. We will instruct those on how to report incidents involving discriminations occurring here at Touro. Offered as follows:
        • Campus Security Lecture
        • DVR for Site Training
        • Online Video (Portal)
        • Sexual Misconduct/Assault
      • Sexual Misconduct/Assault
        • We discuss our Policy, Protocol, Procedure and Prevention. We will identify what is Sexual Misconduct/Assault and how to report if an incident should occur. How to attend to those who have been victimized and how these incidents will be investigated. Present what resources there are for those who have been victimized. We also offer tips on how to prevent these incidents and what to do if you become a victim or know someone who is a victim. We discuss buddy system and we encourage our students to contact us if they are in a situation that they can’t handle. Offered as follows:
          • Campus Security Lecture
          • DVR for Site Training
          • NYPD Lecture
          • Online Video (Portal)
          • We have the capability of inviting agencies such as RAINN, NYPD Domestic Violence Officer
      • Stalking
        • Familiarize those with what stalking actually is and how it could affect their daily lives. With the Internet and Social Media, those who seek knowledge about others are easily obtained. We will discuss ways of protecting oneself from this intrusion. We also discuss on what to do if you are a victim of Stalking. Offered as follows:
          • Campus Security Lecture
          • DVR for Site Training
          • NYPD Lecture
          • Online Video (Portal)
      • Bystander Intervention
        • The goal of Bystander Intervention is to block bad behavior before it goes too far. We will educate our Touro community of their role and how they can prevent this behavior. We offer tips on what they can do to prevent any of the behaviors identified.
        • Tips for a Bystander
          • Be honest and direct talk about the consequences of their actions.
          • Don’t let resentment prevent you from stepping in.
          • Don’t turn a blind eye.
          • Don’t wait for someone else to act.
          • Give the person an out “Call their cell phone, distract the other person.
          • If it doesn’t feel safe to say something you can call the police or any other person of authority.
          • If the person is your friend, communicate by either asking the person “Are you okay”, “Is he bothering you”.
          • If you are attending a social gathering with a friend remember the same principles applied in every scenario be mindful of your friend make sure you come and go together and if you don’t leave together that your friend is able to make decisions on her/himself.
          • If you see someone at risk, get involved.
          • Solicit help from other bystanders.
        • Offered as follows:
          • Campus Security Lecture
          • DVR for Site Training
          • NYPD Lecture
          • Online Video (Portal)
      • Active Shooter Awareness
        • We train our College community on what to do in the event of an active shooter, how to report these types of incidents and what behaviors we need to report. Offered as follows:
          • Campus Security Lecture
          • Consultant Lectures
          • DVR for Site Training
          • NYPD Lecture
          • Online Video (Portal)
      • Suspicious Package/Mail Awareness
        • We train our people on how to identify/detect suspicious packages, particularly to Mail Room Staff. Offered as follows:
          • Campus Security Literature
          • NYPD Lecture
          • Postal Inspector also available for Lecture and review of our mailrooms.
      • Faculty Orientation
        • We utilize the time allotted to inform new employees of Security measures and policies in place. i.e., the need and use of ID badges, Panic alarms, aware of their surroundings work place violence policies, Emergency Contact numbers. Offered as follows:
          • Campus Security Literature
          • Portal on line training
      • Student Orientation
        • During these Orientations we process the students into using/wearing their ID badges. We also go through Clery Compliance requirements including but not limited to VAWA, alcohol/drug usages, self-safety awareness, property and identification protection. Offered as follows:
          • Campus Security Literature
          • DVDs available
          • NYPD lectures
      • Resident Assistants Orientation
        • We emphasize their role as Resident Assistants. We instruct them as to their responsibilities as guardians of the students and facilitate emergencies as they arise. They are processed as “College Security Authority” (CSAs). Offered as follows:
          • Campus Security Lectures/Literature
          • CSA Online required training
          • DVDs available
          • Portal General Training
      • Work Place Violence
        • Training May Include:
          • Consultant training
          • DVDs
          • Literature
          • NYPD Lecture
      • Risk reduction
        • Touro have Officers at 95% of our campuses/sites, in addition to CCTV and access control measures. When any incidents/crimes have been reported to Touro, Security staff would work with the person(s) involved to assure that all their needs (i.e. escort to mode of transportation, weekly calls to follow-up, referrals to agencies, etc.).

14.0 RESOURCES FOR SEXUAL HARASSMENT VICTIMS

Touro will provide resources for sexual harassment victims, regardless of whether the victims choose to report the crime to campus police or local law enforcement. Touro will provide written notification to victims about options for, and available assistance in, changing academic, living, transportation, and working situations. These resources include but are not limited to:

      • Crisis Intervention Counseling
        • In-person or telephone services which support clients and their families in their effort to cope with the trauma of victimization and provide assistance in the recovery process.
      • Emergency Assistance
        • Counselors will work with clients to determine and meet immediate needs for mental health counseling, medical care, etc.
      • Accompaniment
        • Security is available to provide support and escort around campus, and in certain instances to assist the individual in getting home.
      • Others
        • Victims will have access to a sexual assault forensic examination with a nurse.
        • Available community resources will be provided based on client’s individual needs.

15.0 REGISTERED SEXUAL OFFENDERS

Touro makes available to the public over the Internet information about certain sex offenders required to register under Megan’s Law.

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, volunteers services or is a student. The sex offender registry for New York can be found at the following address:
www.criminaljustice.state.ny.us/

16.0 IMPLEMENTATION

This policy shall be implemented by the Department of Human Resources and the Office of Campus Security.

17.0 SOURCE DOCUMENTS

      • 34 CFR 106.8 and 106.9
      • 34 CFR 668.46
      • Revised Sexual Harassment Guidance: Harassment of Students By School Employees, Other Students, or Third Parties, dated January 19, 2001
      • “Dear Colleague Letter” from the Assistant Secretary, U.S. Department of Education, Office of Civil Rights, dated April 4, 2011.
      • “Dear Colleague Letter” from the Assistant Secretary, U.S. Department of Education, Office of Civil Rights, dated July 14, 2014.
      • Touro College Title IX Policy

18.0 APPROVAL

This policy has been approved by the Human Resources Department, the Officer of Campus Security and the Office of Institutional Compliance.

The Office of Civil Rights (Region II) reviewed portions of this policy on October 28, 2013.