Definitions

Accused	“A person accused of a violation who has not yet entered the College’s judicial or conduct process.”NY Educ. Law § 6439.
Alcohol and/or Drug Use Amnesty Policy	A bystander or a Complainant 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.SeeSexual Assault Amnesty Policy
Affirmative Consent	“A knowing, voluntary, and mutual decision among all participants to engage in sexualactivity.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 Consent may be initially given but withdrawn at any time.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 incapacitate 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 When consent is withdrawn or can no longer be given, sexual activity must stop.” NY Educ. Law § 6441.
Bias Behavior	Any act committed against a person or group because of the race, color, gender, creed, religion, sexual orientation, gender identity, age, disability, or national origin of the victim. Bias crimes or misconduct are based on fear, misunderstanding, or dislike of a certain group of people and will result in disciplinary action by the College.
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.”A bystander does not have equivalent rights under federal or state law as a Complainant directly impacted by the violence. NY Educ. Law § 6439. The College encourages community members to offer help and assistance to others in need, and pursues a policy of amnesty for those who do so.
Clear and Convincing Evidence	The legal standard of proof applicable to disciplinary proceedings under this Policy. Also characterized as evidence that is highly and substantially more likely to be true than untrue, or that the it is highly probable that the alleged violation occurred.
Code of Conduct	“The written policies adopted by the College governing student behavior, rights, and responsibilities while such student is matriculated at the College.”NY Educ. Law § 6439.
College Community	Board of Trustees, Faculty, Staff, students, volunteers, as well as anyone doing business with or for the College.
Complainant (“Reporting Individual”)	“Shall encompass the terms victim, survivor, claimant, witness with victim status, and any other term used by the College to reference an individual who brings forth a report of a violation.”A bystander to a violation, or a third party who reports information about a violation that they have learned from a Complainant, is not a Complainant.NY Educ. Law § 6439.
Confidentiality	“May be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of College employees who may offer confidentiality.”NY Educ. Law § 6439. 34 C.F.R. § 668.46.
Domestic violence	(ii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.” 34 C.F.R.§668.46.
Hate Crime	“A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator'sbias against the victim. For the purposes of this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.” 34 C.F.R. § 668.46.
Impact Statement	A written or oral statement from either the Complainant or Respondent describing how an incident has affected them.
Mandated Reporter	Any member of the College Community who is informed about and/or witnesses potential sex discrimination has the responsibility to report to the Title IX Coordinator or designee. Generally, climate surveys, classroom writing assignments, human subjects research, or events such as Take Back the Night marches or speak-outs do not trigger an employee’s duty to report.
No Contact Order	“May be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a Complainant or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate College officials.”NY Educ. Law § 6439.
Privacy	College officials and employees who cannot guarantee confidentiality will maintain privacy to the greatest extent possible. The information provided to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.
Reporting Individual	“A person accused of a violation who has entered the College’s judicial or conduct process.”NY Educ. Law § 6439.
Respondent
Retaliation	Any adverse action a College Community member experiences as a result of the individual making an inquiry, participating in an investigation, or making a reasonable good-faith report of possible non-compliance with laws, regulations and/or policies.
Sexual Activity	Shall have the same meaning as ‘sexual act’ and ‘sexual contact’ as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3). “(2) the term ‘sexual act’ means— contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (3) the term ‘sexual contact’ means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.” “Individuals must obtain affirmative consent prior to engaging in any of the activity referenced above.” NY Educ. Law § 6439.
Sexual Assault	“An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.” “Rape---The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. Incest—Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Statutory Rape—Sexual intercourse with a person who is under the statutory age of consent.”“ 34 C.F.R. § 668.46(Appendix A).
Sexual Discrimination	All forms of sexual harassment, including all forms of sexual assault, and other sexual violence committed by members of the College Community, which includes Board of Trustees, Faculty, Staff, students, and volunteers, as well as anyone doing business with or for the College.
Sexual Harassment	Sexual Harassment is any unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct or communication of a sexual nature when: Submission to such conduct is explicitly or implicitly a condition of an individual’s academic or employment status; Submission to, or rejection of, such conduct is used as the basis for making academic or employment decisions affecting an individual; or Such conduct has the purpose or effect of interfering unreasonably with an individual’s academic performance or work or creates an offensive, hostile, or intimidating learning or working environment. Sexual Harassment falls into two categories: Quid Pro Quo: unwelcome sexual advances or requests for sexual favors from a person in authority in exchange for a grade, job, promotion or some other academic or employment benefit; or Hostile Environment: unwelcome behaviors of a sexual nature that a reasonable person would find so offensive, hostile, or intimidating as to impair an individual’s academic or employment rights.
Social MediaPolicy	This policy establishes a set of rules and guidelines for any activity and participation in “social media” by all Manhattanville students. The term “social media” applies, without limitation, to any web-based andmobile technologies, in use now or developed in the future, that enable individuals or entities to disseminate or receive information, communicate, or otherwise interact, and includes, without limitation, email, texting, messaging, social networking, blogging, micro-blogging, and bulletin boards through providers such as Facebook, LinkedIn, Myspace, Twitter, YouTube, Instagram, Vine, Snapchat and any other social media platforms. See Student Handbook.
Stalking	“(i) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—“Violence committed by a person who is or has been in a social relationship of a romantic orintimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition— Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.” “(iI) A felony or misdemeanor crime 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 the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, 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 the jurisdiction in which the crime of violence occurred. A formal directive issued by the College. Requires signatures of both parties in any interpersonal conflict to have no direct or indirect interaction. A No Contact Order remains in effect until it is officially removed in writing by the College. A violation of a No Contact Order should be reported to either Campus Safety, the Office of Residence Life, Dean of Students or Human Resources. A violation of a No Contact Order is subject to disciplinary action. Under this Policy, a No Contact Order may also be instituted as a non-punitive interim remedy. “Shall encompass the terms Complainant, survivor, Complainant, claimant, witness with Complainant status, and any other term used by the College to reference an individual who brings forth a report or a violation.”NY Educ. Law § 6439. Fear for the person’s safety or the safety of others; or Suffer substantial emotional distress. (iii) For the purposes of this definition— Course of conductmeans two or more acts, including, but not 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. Reasonable personmeans a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distressmeans significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. (iii) For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.” iv) For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.” 34 C.F.R.§668.46.
Students	Matriculated or non-matriculated, a person taking courses at Manhattanville College (on-campus or off), on a leave of absence recognized by the College, or s currently suspended by the College. A person who was administratively withdrawn or has actively withdrawn from the College is not considered a student.
Support Person	An individual, not otherwise a party or witness in the investigation, who mayaccompany the Complainant or Respondent to any meeting or related proceeding with an investigator or a College employee. While the Support Person may confer quietly with the Complainant or Respondent to provide advice or support, s/he may not speak or write on the Complainant or Respondent’s behalf or otherwise actively participate in the meeting or proceeding.
Title IX Coordinator	“The Title IX Coordinator and/or his or her designee or designees.”NY Educ. Law § 6439. Administrator responsible for coordinating Manhattanville’s efforts to comply with and carry out its responsibilities under Title IX. Oversees the College’s central review, investigation and resolution of reports of sexual harassment, sexual assault, dating/domestic violence and stalking under this Policy, and subject to the requirements and limitations of applicable federal regulatons.
Recordkeeping	Records for matters falling under this policy are defined as those records (maintained in any format) which relate exclusively to a violation of the Sexual Misconduct Policy which have been filed with the Title IX Coordinator, designee, investigators or Hearing Board. A case file includes and is limited to incident report forms, College-generated protocol forms signed by Complainant/Respondent, investigator’s interview notes (if notes are created), investigator’s summary, evidence as agreed to by the Complainant and Respondent, notification of decision by Title IX Coordinator, documents presented as evidence at the hearing, decision of Title IX hearing panel, appeal letter with accompanying documents, and final disposition of appeal. An individual, not otherwise a party or witness in the investigation, who mayaccompany the Complainant or Respondent to any meeting or related proceeding with an investigator or a College employee. While the Support Person may confer quietly with the Complainant or Respondent to provide advice or support, s/he may not speak or write on the Complainant or Respondent’s behalf or otherwise actively participate in the meeting or proceeding.

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Sexual Misconduct Policy