office of student services
Table of Contents
Commitment to Students and Diversity
Notice of Nondiscrimination
MCNY is committed to providing a learning and working environment not impaired by unlawful discrimination. MCNY prohibits discrimination or harassment by students, employees, or third parties against any person on the basis of race, color, sex, gender, pregnancy, religion, creed, marital status, partnership status, age, sexual orientation, gender identity, gender expression, national origin, disability, military status, or any other legally protected category in the admission to and administration of its educational programs or the employment of individuals in College administered programs and activities.
Sexual harassment and sexual violence are forms of sex discrimination prohibited by Title IX of the Education Amendments of 1972 ("Title IX"). Consistent with Title IX and other federal, state and local laws, including Article 129-B of the New York State Education Law, and MCNY policy, the College is committed to maintaining a community that prohibits sex discrimination, including sexual harassment, sexual violence, and gender-based misconduct. For College procedures and resources regarding sexual and gender-based misconduct click here.
As stated above, and consistent with Section 504 of the Rehabilitation Act of 1973 ("Section 504") the College does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs and activities. Inquiries regarding the application of Section 504 and its implementing regulation may be referred to the Section 504 Coordinator named below or to the U.S. Department of Education, Office for Civil Rights. The College's 504 Coordinator is responsible for the coordination of compliance with all aspects of Section 504. For College grievance procedures regarding claims of disability discrimination perpetrated by students, employees, or third parties, and for other disability-related issues please click here.
Inquiries or complaints regarding any form of discrimination or harassment may be directed to:
U.S. Department of Education
Code of Conduct for Students
MCNY students are expected to comport themselves as adults, and to behave in a manner that facilitates the College's mission. The College recognizes that freedom of inquiry and the transmission of knowledge are the foundations of higher learning. However, any assertion of rights or freedoms must be balanced by a readiness to assume corresponding responsibilities. These include respecting the rights of others in the academic community and accepting responsibility for one's own behavior.
Jurisdiction over student conduct and behavior of a non-academic nature resides with the Dean of Students.
Discrimination, Harassment, Sexual Assault, Hazing, Disruptive and/or Illegal Conduct
In the interest of protecting the rights of all individuals on campus, the College has established standards of conduct and policies and procedures prohibiting discrimination, harassment, sexual assault and other disruptive and or illegal conduct.
Students must refrain from:
While these items address major standards of conduct, it is not realistic to list every potential infraction; the College reserves the right to extend these principles to similar acts.
Procedure for Non-Academic Conduct Violations
Any member of the faculty, administration, staff, or student body may file a complaint against a student for any offense by following the procedure below. Complaints must be filed within 30 days of the initial incident. While this procedure will suffice for reporting most offenses, students should review the special sections for reporting instances of sexual harassment, discrimination, hazing and sexual assaults.
Filing a Complaint
A complaint must be filed, in writing, to the Dean of Students. It must be typed, or legibly written, dated, and signed (electronic signature is sufficient). The complaint must clearly describe the incident, including specific time and date of the occurrence and all persons involved.
The College may suspend the subject(s) of the complaint immediately, pending an investigation and hearing, if there is a credible allegation of a threat of physical harm. Such suspension shall last no longer than 48 hours. If after the investigation there is sufficient circumstantial evidence to indicate that allowing the subject(s) on campus presents a risk, the suspension will be extended pending a disciplinary hearing.
In other cases, the Dean of Students may designate a representative to conduct an investigation into the allegation(s). The designated representative of the Dean will notify the accused party and may schedule a fact-finding meeting to begin the investigation.
As part of the fact-finding process, the accused may submit a written response to the allegations.
During the fact-finding process, upon agreement of all parties, the Dean of Student's designated representative may attempt mediation to informally resolve the issue. Sexual harassment claims shall not be subject to mediation directly between the parties, but a mutually acceptable resolution may be facilitated by the representative of the Dean of Students. Sexual assault claims shall not be subject to mediation. If the issue is not resolved at this level, the designated representative of the Dean of Students will refer the complaint for a disciplinary hearing.
Disciplinary Hearing and Due Process
The Dean of Students will convene the Conduct Review Board to hear the complaint. The board is comprised of two students, one faculty member, and one professional staff member, all of whom are impartial. The Associate Director of Student Services will chair the board but will not be a voting member.
The accused and the complainant will be notified of the hearing, and will be requested to attend. If either, or both parties choose not to attend, the College reserves the right to conduct the hearing in their absence. If it is determined that the accused poses a threat of physical harm, the Board may request that the accused submit a written response to the allegations rather than attend the hearing in person. Hearings will be open only to individuals and witnesses who are invited by the Board. The accused or complainant can request assistance for the hearing, subject to approval by the Conduct Review Board. The Board must be given at least 24 hours notice that the presence of such assistance is desired at the hearing. Individuals may not be accompanied by attorneys.
The Board will hear all testimony relevant to the complaint and will be allowed to ask questions of all parties and witnesses, if any. The accused and complainant will generally not be permitted to directly question each other during the hearing, and may be called before the Board separately. The Board may choose to record the hearing at its discretion. Upon completion of the hearing, the Board will meet in private to deliberate and form a recommendation on its findings and applicable sanctions, if any. The recommendation and findings shall be based on a preponderance of the evidence standard. This recommendation shall be submitted to the Dean of Students within two working days of the hearing.
The Board may recommend the dismissal of the allegations or the imposition of disciplinary sanctions, as noted below which include suspension or dismissal from the College. Based on the Board's findings, the Dean of Students or her designee will make a decision on the complaint and determine the appropriate sanction(s) if any. The Dean will notify the accused, in writing, of the decision and the right to appeal within 10 calendar days of the hearing.
Notification will also be made to the victim of an alleged perpetrator of a crime of violence including forcible sex offenses, or a non-forcible sex offense (incest or statutory rape) concerning the final results of a disciplinary hearing (including any violation found to have been committed and sanctions imposed) with respect to the alleged crime, regardless of the outcome of the hearing.
Notification may also be made to any third party regarding the final results of a disciplinary proceeding related to a crime of violence or non-forcible sex offense if the student who is the alleged perpetrator is found to have violated the College's rules or policies. The disclosure of the final results will only include: the name of the alleged perpetrator, the violation committed, and any sanction imposed against the alleged perpetrator. The disclosure will not include the name of any other student, including a victim or witness, without the written consent of that other student.
The complainant in sexual harassment cases will be notified of any sanctions that relate directly to the complainant if sexual harassment is found to have occurred, for instance sanctions that the harasser avoid contact with the complainant or leave the College. Regardless of whether harassment is found to have occurred, both sides shall be given notice of the outcome and the right to appeal.
The College is required by the Cleary Act to give the campus community timely warning of crimes that represent a threat to the safety of students or employees. Such information is exempted from FERPA under the exception of health or safety emergencies.
The complainant and any individual who cooperates with an investigation will be protected against retaliation. Any acts of retaliation should be reported to the Dean of Students or other College administrator immediately and will be thoroughly investigated.
Decisions made by the Dean of Students or her designee may be appealed, in writing, to the Executive Vice President for Enrollment Management within 14 calendar days of the date of the notification. Failure to submit an appeal within this period shall constitute a waiver of the right to appeal. All appeals will be limited to a review of the original hearing, including any supporting documents. Appeals will be limited to:
The sanctions imposed will be determined by the severity of the violation, prior misconduct and the student's understanding and willingness to accept responsibility for the behavior. Possible sanctions include, but are not limited to the following:
The College reserves the right to combine sanctions, as appropriate. Any student who is suspended or dismissed will be responsible for tuition charges incurred, in accordance with the tuition liability policy.
General Grievance Procedure
Any student who has an issue or complaint against the College may request consideration under the general grievance procedure. This includes situations where the student feels the College policies and procedures do not comply with applicable laws, or where a College administrator, staff member, or faculty member is perceived as acting unfairly or improperly in carrying out assigned tasks or responsibilities. The general grievance procedure will apply to situations outside of the specific procedures outlined in this Handbook for grade appeals, harassment complaints, or disciplinary actions against students for misconduct.
Students should also feel free to report incidents, whether or not they have decided to file a formal complaint. They may merely want to discuss an incident or matter, they may want to review ways to deal with the situation personally, or they may want information on how to file a formal complaint. Even if a student is undecided about whether or not to file a formal complaint, consultation may help in defining the problem and in exploring the options for solving it. The best avenue for such discussions is with an Advisor in the Office of Student Services.
I. Informal Resolution
Prior to initiating a formal complaint, it is generally recommended that the student first attempt to discuss the matter with the individual most directly responsible. This may be done verbally or in writing. If the matter cannot be resolved informally, or if there are circumstances that make direct contact inappropriate, the matter should be brought to the Dean of Students. The Dean may also attempt to resolve the grievance informally. If there is no mutually acceptable informal resolution, if the resolution is inconclusive, or if either party is dissatisfied with the progress of the informal procedure, the Dean of Students will promptly to proceed to a formal review.
II. Formal Complaint
The student may file a formal complaint following the procedures below:
A. When to File a Complaint
Complaints must be filed in a timely manner, as soon as possible after the initial concern arose.
B. Filing a Complaint
All complaints must be submitted in writing and should include the following information:
C. Where to File a Complaint
The complaint is to be filed with the Dean of Students at Metropolitan College of New York, 341 Canal Street, New York, New York 10013. The Dean of Students' office is located in the Enrollment Suite on the 12th floor. Email: firstname.lastname@example.org.
D. Review and Investigation
The Dean of Students will delegate the review of the student's issue to the appropriate administrative office or official for prompt review and determination of required action. The review will generally be completed within 45 calendar days of receipt of the written statement.
The investigating official will promptly initiate an impartial investigation. He or she may interview, consult with, and/or request a written response from any individual believed to have information relevant to the complaint. This includes all faculty, staff and students.
E. Findings and Notification
Once the formal review has been concluded, the investigating official will provide a determination based of the evidence provided. The investigating official shall provide a written response to the complaint to the complainant, with a copy to the Dean of Students within 45 calendar days of receipt of the grievance. The deadline may be extended by the Dean of Students for good cause, such as extended breaks in the academic calendar (e.g. winter break) or unavailability of necessary parties.
Complaints will be handled in a manner respectful to the confidentiality of the parties involved to the extent possible. Retaliation against any individual who brings a complaint or participates in the process is prohibited. Any concerns of retaliation should be reported to the Dean of Students immediately.
Violation and Misuse of MCNY Identity and Logo
The College's name and logo are registered trademarks of Metropolitan College of New York., and may not be used without the written permission from the College. Such permission will set forth the name of the group, the nature of the use, and restrictions regarding the standards and quality of the goods and services in connection with which the trademark(s) are used. Violation of this rule is regarded as sufficient cause for dismissal.
Health and Well-Being at the College
New York State Immunization Laws
The New York State Public Health Law mandates that students residing in New York State and born on or after January 1, 1957, must provide the College with documentation of immunization for Measles, Mumps and Rubella within 30 days of enrolling. Students from out of state or International Students have 45 days from enrolling to provide acceptable documentation. The documentation consists of either of the following: Official blood test results confirming that you have been tested and you are immune to the above diseases. Arrangements for such blood tests are most easily made through your own physician, or, if you are part of a Health Maintenance Organization, then through its services; or a statement or form signed by a health provider confirming that you have been immunized by vaccine for the above diseases. This confirmation must also include the dates of immunization, and show that one dose of the mumps and rubella vaccines and 2 doses of the measles vaccine were administered.
Your health care provider or a City Health Department clinic can administer the immunizations and provide the appropriate documentation. In addition, if your employing company or organization has a medical office, you may be able to get your immunizations there. If you carry medical insurance or are part of a Health Maintenance Organization, check to see if the costs for either the blood test or the immunizations are reimbursable or covered. There are public health clinics where immunization can be obtained without charge. However, clinics tend to be crowded, particularly prior to the start of the semesters at colleges all over New York State. New York State also requires colleges to notify all students of the dangers of Meningitis an infection which can lead to high fever, headache, vomiting and skin rash. It is easily spread through nose or throat discharges of an infected person. Vaccines are available from your health practitioner. MCNY is required to inform all students of the dangers of this disease and secure a signed statement from each student that they are aware of the dangers of this disease and understand that they may take steps to be properly immunized and thereby protect themselves from infection.
Certain individuals are exempt from these new requirements, including those who sign a statement indicating that they hold sincere religious beliefs which prohibit such immunizations, and those with certain documented medical conditions - early pregnancy, for example. A physician's confirming statement is required and should be attached to the medical form already provided. Medical forms are distributed to all students at the time of admission. These must be completed and returned to the appropriate office within 30 or 45 days of enrolling, and will become part of the student's official record.
A student who fails to comply with this law may be administratively withdrawn and will not be allowed to register for the subsequent semester. Additionally, the student's financial aid may be negatively affected.
Policies with Regard to Alcohol, Drug-Free Schools and Communities
The unlawful use, manufacture, distribution, dispensation, sale, or possession of any illegal drug or controlled substance - without a valid prescription - is prohibited. This policy covers all illegal drugs, alcohol, and legal drugs, which impair a student's or employee's ability to successfully complete his or her work or educational program at the College. Students are prohibited from reporting to the College or to work or fieldwork while under the influence of any illegal drug or controlled substance, including alcohol. Violation of this policy may be grounds for serious disciplinary action, up to and including dismissal. Individuals suffering from drug or alcohol abuse are encouraged to seek assistance from their doctor who can refer them to proper treatment or rehabilitation programs. The College also reserves the right to require individuals to undergo a medical evaluation under appropriate circumstances. As an institution of higher education, the College believes that education and information about the risks imposed by the use of drugs will help reduce abuse. Therefore, as part of its educational effort each semester the College organizes at least one Drug Education Seminar for students, and encourages all to attend. This supplements material and information about drugs that are incorporated into the curriculum. A list of referrals regarding available treatment, special resources, community drug prevention programs, etc., is available by contacting the Office of Student Services.
Suspension of Federal Financial Aid Eligibility for Drug Related Offenses
A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any federal grant, loan, or work assistance during the period beginning on the date of such conviction and ending after the interval specified in the following table:
If convicted of an offense involving
In accordance with New York City Smoke-Free Air and New York State Clean Air Acts, smoking is prohibited in all areas of the College, including common area spaces and private offices. These areas include but are not limited to: hallways, lobbies, classrooms, corridors, bathrooms, stairwells, elevators and landings, the Computer Learning Centers, Library, lounge areas, meeting and conference rooms, storage rooms, machine and utility rooms. Smoking is defined as the burning of a lighted cigar, cigarette, electronic cigarette, pipe, or any other substance that contains tobacco.
Eating and Drinking
Please confine eating or drinking of non-alcoholic beverages to the student lounge area on the 12th floor and other approved non-classroom areas.
Children are not allowed in classrooms, the hall areas surrounding the classrooms, the learning centers, and the Library. Security will prevent students arriving with children from entering these areas. Another key concern is the safety of children, especially those who are unsupervised, or who stray from their guardians. The potential for accidents is the primary reason to exclude children from these areas. Children are permitted on the premises when accompanied by an adult, if the student is completing an administrative task, such as registration, financial aid counseling, payment and the like. If the child becomes disruptive, the student may be asked to leave the premises and return on another day to complete his or her transaction.
The College campus in Manhattan is open Monday through Friday until 10:30 pm. On Saturdays the campus closes at 7:00.
Use of Campus Facilities
Students who wish to reserve College classrooms, lounges or meeting areas for student activities must contact Student Services.
Other Prohibited Actions
As a general rule, and to the extent that these impact on others by way of disruptive endangerment or lack of academic integrity, the College also prohibits the following:
Security Procedures and Sexual Assault Prevention
The Laws of New York State require every post-secondary institution to provide specific information to incoming students about sexual assault prevention. The College is fortunate that its location is centralized, and in compact spaces, which facilitate the protection of students and staff. In addition, because we do not operate any residential facilities, we do not face the same level of security risk that other institutions do. The College remains committed to insuring the security of its students and staff, and to maintaining its enviable safety record.
The College maintains tight security at all times. An organization such as ours must be proactive in maintaining a safe learning environment. We are proud of our safety record. By law, we are required to provide annual statistics related to the security of our institution. Over the years, we have a few incidents and MCNY is doing everything it can to ensure that this record remains outstanding. While the safety procedures outlined below may seem an annoyance to some, our commitment to the security of our community should take precedence over the small inconveniences that the procedures sometimes cause us all. Student cooperation in this is expected and appreciated.
Listed below are items to help insure your safety while you are at the College:
If you forget your College ID card, you must show other identification and sign in with security. The Office of Student Services will organize one or more programs on sexual assault prevention during the semester. Students will be informed of dates and times of such programs. The College has a security guard on duty in the building from 6:00 p.m.-7:00 a.m. In addition, the College maintains its own security guard during evening hours as well as on weekends.
The College has security guards on duty whenever classes are in session. Any incidents of illegal behavior, including sexual assault, should be reported immediately to the security guard on duty, or in his or her absence, to one of the Deans or the College administrator responsible during evenings and weekends. The building security officer and the local police department must be called without delay.
All students must leave the building when Security makes the final evening check.
An additional list includes some suggestions that can help you protect yourself while you are off campus:
Policies and Procedures on Sexual Assault and Sexual Harassment
Sexual harassment violates Federal, State and City laws, and creates an unpleasant and unproductive working and learning environment. The College condemns and strictly prohibits sexual harassment of any member of the College community, whether such harassment is aimed at students, faculty, or other employees. Violators will be subject to disciplinary action. All college employees and students are responsible for maintaining this policy. The following activities are examples of possible harassment. Each of these activities alone may be considered serious enough to warrant immediate discipline, discharge, or expulsion. These examples are intended to be illustrative rather than exhaustive:
It makes no difference if the harassment is "just joking " or "teasing" or "playful." Jokes may be just as offensive as any other type of harassment, and will be dealt with in the same manner.
Procedure for Reporting Sexual Harassment
Any MCNY student who believes that he or she has been the victim of sexual harassment, either on campus or off-campus involving a member of the College community, should:
In response to complaints against employees, the College will promptly conduct a thorough and impartial investigation to determine if sexual harassment has occurred. A preponderance of the evidence standard shall be used. The subject(s) of the complaint shall be afforded an opportunity to present his or her or their version of the event(s), and any additional information in defense. All individuals are required to fully cooperate in the investigation of harassment and discrimination complaints.
Both the complainant and the subject(s) will be given written notice of the results of the investigation.
The complainant in sexual harassment cases will be notified of any sanctions that relate directly to the complainant if sexual harassment is found to have occurred, for instance sanctions that the harasser avoid contact with the complainant or leave the College.
Notification will also be made to the victim of an alleged perpetrator of a crime of violence including forcible sex offenses, or a non-forcible sex offense (incest or statutory rape) concerning the final results of the investigation (including any violation found to have been committed and sanctions imposed) with respect to the alleged crime, regardless of the outcome of the investigation.
The appropriate College officials and or departments will also be notified. If it is concluded that harassment did occur, the College will take immediate corrective action. Corrective action may include: training, referral to professional counseling, and or disciplinary action such as warning, reprimand, suspension and dismissal, or any combination or other actions the College determines is appropriate to the circumstances. The complainant and any individual who cooperates with an investigation will be protected against retaliation. Any acts of retaliation should be reported to the Dean of Students or other College administrator immediately and will be thoroughly investigated.
If harassment occurs in a field placement, the College will address the issue with the field placement supervisor, and work with the student to transfer to a new field placement if necessary.
Other Types of Harassment and Discrimination
Just as sexual harassment is strictly prohibited, so is harassment on the basis of race, color, gender, ethnicity, disability, religion, national origin, age, veteran status, sexual orientation, or any other category protected by law. The College will not tolerate harassment or discrimination of applicants, employees, or students by anyone, including managers, supervisors, co-workers or students. Employees or students who believe they are being harassed or discriminated against on the basis of any of these factors should follow the same procedure outlined above in notifying the College. If you have any questions concerning the College's policy on sexual harassment, or other equal employment opportunity matters, please feel free to contact the Director of Human Resources.
Policies on Bias Crimes
A hate crime, also known as a bias-related crime, is a criminal offense committed against, a person, property of society which is motivated in whole or part, by the offender's bias against a race, religion, disability, sexual orientation, or ethnicity / national origin. Examples of bias-related crime that might occur on a college campus are racially or religiously targeted acts or attempted acts by any person, or group of persons, against the person or property of another individual or group which may in any way constitute an expression of racial or religious hostility, including threatening phone calls, certain types of graffiti, hate mail, physical assaults, vandalism, cross burning, fire bombing, etc. The College condemns all bias related actions, and will take prompt disciplinary action, up to and including discharge or expulsion, against any employee or student who commits a bias crime.
Reporting Sexual Assault or Bias Crimes
The following procedure should be followed in these instances:
Counseling for Victims of Sexual Assault, Harassment, Bias Crime or Discrimination
All students who are victims of or affected by a Sexual Assault, Bias Crime or other harassment or discrimination are urged to see Student Services to seek counseling and/or other appropriate services.
Domestic Violence and Stalking
According to the New York State Office for the Prevention of Domestic Violence, domestic violence is described as follows: Domestic violence is when one person does a variety of things to control another person in an intimate relationship. The shift in power can happen very slowly, over a period of time, so that the other person cannot even remember when it happened. Or it can happen very quickly after there is some sort of commitment or some change in the level of intimacy.
Many people wonder if what is happening to them is domestic violence because their partner has never hit them. Physical abuse is probably what most people think of when they think about domestic violence, but it is just one of the many ways that your partner might try to gain power and control in your relationship. Ways a person might try to gain power and control over their partner include:
These are some of the most common ways that abusers try to control their partners, but certainly not the only ones. If your partner does things that restrict your personal freedom or that make you afraid, you may be a victim of domestic violence.
Stalking is the term used to describe repeated harassing or threatening behavior toward another person. A stalker can be a stranger or someone the victim knows including a partner, an ex-partner, or a family member. Stalking is generally considered to be any unwanted contact between a stalker and his/her victim that directly or indirectly communicates a threat or places the victim in fear. If you are a victim of domestic abuse or stalking, you may be able to obtain protection through the court system through an Order of Protection. Some abusive behavior including stalking is also a violation of criminal laws and subject to prosecution. Victims of domestic abuse or stalking should see Student Services regarding resources for counseling and other support services.
Metropolitan College of New York is committed to providing faculty, staff and students with a safe and secure environment that is free from threats and acts of intimidation or violence. For the purpose of this policy, "workplace violence" shall mean any behavior, act or statement that:
MCNY policy and New York State Law prohibit all forms of hazing. Hazing is defined as any action taken or situation created which, regardless of location or consent of the participants, recklessly or intentionally endangers mental or physical health or involves forced consumption of alcohol or other drugs for the purpose of initiation into or affiliation with any organization at the College. All instances of hazing should be immediately reported to an MCNY official, such as the Campus Security Staff or the Dean of Students. All allegations of hazing shall be fully investigated. Individual violators are subject to disciplinary actions by the College, up to and including dismissal from the College. Any organizational violators may have their permission to operate on campus withdrawn. All students, faculty, staff and campus visitors or invitees are subject to these regulations. In addition, violators are also subject to any applicable provisions of the penal code.
Any act of intimidation, threat of violence, or act of violence committed against any person on the property of Metropolitan College of New York is prohibited.
Metropolitan College of New York will take prompt disciplinary action, up to and including discharge or expulsion, against any employee or student who engages in the above mentioned manner. The purpose of this policy is preventive. It is the responsibility of each employee and student to contribute to a safe working and learning environment. Metropolitan College of New York cannot do its part to prevent violence in the workplace without your full cooperation.
Violence Warning Signs
There is no exact method to predict when a person will become violent. One or more of these warning signs may be displayed before a person becomes violent, but they do not necessarily indicate that an individual will become violent. A display of these signs should trigger concern as people experiencing problems usually exhibit them:
Employees and students who are concerned about potentially violent behavior of coworkers or classmates should report their concerns to the appropriate College official.
Weapons in the Workplace and on Campus
Metropolitan College of New York strictly prohibits employees and students from possessing weapons of any kind on the premises. The prohibition explicitly includes firearms of any type, including those for which the holder has a legal permit, with the exception of firearms carried by off-duty police officers or other peace officers. Other examples may include but are not limited to box-cutters, knives, mace, or any instrument or device used for attack. Employees and students are not permitted to bring weapons to the work site or keep weapons on school property. The school property covered by this policy includes property of any nature owned, controlled or used by the College, including but not limited to offices, desks, file cabinets and lockers. This policy is designed to ensure the health and safety of all employees and students on campus. A violation of this policy may result in disciplinary action up to and including immediate discharge or expulsion. Police officers or peace officers who fall within the exception above must seek written approval from the College President to bring the weapon on campus, and provide any requested documentation to support the granting of this approval.
Workplace Violence Procedures
Employees and students who experience, observe, or become aware of acts of violence must immediately report such conduct to Security or, if Security is unavailable, must call 911. Confidentiality will be maintained to the extent that circumstances permit. Metropolitan College of New York will not tolerate any form of retaliation against any employee or student for making a report under this policy. Likewise, no employee or student will suffer any retaliation for having complied with this policy. The College will investigate any acts of violence that take place on the College campus in coordination with local law enforcement agencies.
Emergency Responses and Evacuation Procedures
The College will notify the campus community immediately of a significant emergency or dangerous situation involving an immediate threat on or near the College. The College offers an emergency alert system called E2Campus that can notify students of an emergency situation by text message, voice message, and/or email message. Students are urged to sign up to receive messages through this system through the College's web page. This notification system will be tested annually.
Advice and Updates to Students regarding Security Procedures
In addition to the information contained herein, the College Advisory Committee on Campus Safety reviews current campus security policies and procedures and makes recommendation for their improvement. Students and employees are advised and updated regarding campus security procedures in a number of ways. Depending on the nature of the change, letters may be sent out to the student body. The College's website is updated immediately and publications such as the Student Handbook are updated at their next printing. In addition to the above methods, College employees are notified of any policy changes through institution-wide emails, postings on bulletin boards, etc. The Advisory Committee on Campus Safety will provide upon request all campus crime statistics as reported to the United States Department of Education. To receive such information, please contact the Associate Director of Student Services at 212 343-1234, or visit the Department of Education website at: ope.ed.gov/security/index.asp.
MCNY's annual security report includes statistics for the previous three years concerning reported crimes that occurred on campus, in off-campus building or property owned or controlled by the College; and on public property within, or immediately adjacent to and accessible from the campus. The report also includes institutional policies concerning alcohol and drug abuse, crime prevention, the reporting of crimes, sexual assault and other matters. You can obtain a copy of this report by contacting Admissions (ext.. 5001), Student Services (ext.. 5009) or Security (ext.. 2000), or by accessing our website at mcny.edu.
State Laws Regarding Sex Offenses
The College is committed to educating the campus community about sexual harassment and sexual assaults. This includes raising awareness about the nature of the conduct, advising about the consequences of such behavior, and outlining the procedures to follow in the event of an instance. In addition to College sanctions, there are potential criminal penalties that can be imposed, as sexual assault is prosecuted criminally in New York State. The New York State Legislature has mandated that colleges make this information available to students as part of an ongoing effort to raise awareness, educate students, and combat sexual assault. Sex offenses are defined in the New York State Penal Code and include: rape, sodomy, sexual abuse, aggravated sexual abuse, and sexual misconduct. These offenses are ranked and carry different punishments ranging from a few months imprisonment for misdemeanors, to up to 25 years imprisonment for felonies.
In New York, a person can be found guilty of rape in the first, second, or third degree, all of which are punishable as felony crimes that carry prison sentences of up to 25 years. Rape in the first degree occurs when a person engages in non consensual intercourse with another by physical force, coercion or threat, or with a person who is incapable of consent by reason of being physically helpless or under age. Under the law, the term sexual intercourse has as its common meaning penile - vaginal - and occurs upon any penetration, however slight. It is a first-degree rape if the victim is mentally incapacitated by the influence of drugs, or alcohol is administered without consent.
Consent is an element of every sexual offense defined in the penal code, with the exception of consensual sodomy. In these sexual offenses, the sexual act was committed without consent of the victim. Lack of consent results from: forcible compulsion; incapacity to consent; or where the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or implied, acquiesce in the actor's conduct. Non-consensual sodomy, in its varying degrees, is a felony or misdemeanor crime, punishable by up to 25 years imprisonment. Sodomy occurs when a person engages in deviant sexual intercourse with another. Deviant sexual intercourse is defined as sexual conduct between persons not married to each other consisting of various contact between the mouth, sexual organs, and rectum.
Sexual abuse, in its varying degrees, can be a felony crime, and occurs when a person subjects another to sexual contact by forcible compulsion or when the other person is incapable of consent. Sexual contact means any touching of the genitals or other intimate parts of a person for the purpose of gratifying sexual desire. Convictions for sexual abuse include penalties ranging from three months to seven years imprisonment. Aggravated sexual abuse occurs when a person inserts a finger or foreign object into the vagina, urethra, penis or rectum of another person without the person's consent causing physical injury. Convictions for aggravated sexual assault include penalties of up to 25 years imprisonment.
Sexual misconduct occurs when there is sexual intercourse or sodomy without the consent of the victim. By law, a person under seventeen is considered incapable of giving consent. Sexual misconduct is a class A misdemeanor. A person is deemed incapable of consent when one is: less than 17 years old; or mentally defective; or mentally incapacitated or physically helpless.
For your reference, the penal code provides the following definitions: Mentally defective means that a person suffers from a mental disease or defect, which renders one incapable of appraising the nature of one's conduct. Mentally incapacitated means that a person is rendered temporarily incapable of appraising one's conduct owing to the influence of narcotic or intoxicating substance administered without one's consent, or to any other act committed upon the person without consent. Physically helpless means that a person is unconscious or any other reason, physically unable to communicate a willingness to act.
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 or another person, or in fear that he, she or another person will immediately be kidnapped. Alcohol or drug use will not be a defense against a charge of rape or sexual assault.
State Laws Regarding Bias Crimes
According to the Hate Crimes Act of 2000 (article 485), a person commits a hate crime when he or she commits a specified offense and either (a) intentionally select the person against whom the offense in committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.
The Hate Crimes Act provides for minimum sentences if a person is convicted of a hate crime, depending on the underlying specified offense.
When a person is convicted of a hate crime and the specified offense is a misdemeanor or a class C, D or E felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant's conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable.
When person is convicted of a hate crime and the specified offense is a class B felony:
When a person is convicted of a hate crime and the specified offense is a class A-1 felony, the minimum period of the indeterminate sentence shall be not less than twenty years.
Redress By law, a student, faculty member, or any other person who believes he or she has been aggrieved by an institution of higher education has the right to file a complaint first with the institution, and, subsequently, if he or she has been unable to resolve the issue directly with the institution, with the State Education Department. In the latter instance, and within three years of the alleged incident or problem, a written complaint should be directed to: The State Education Department, Postsecondary Complaint Registry, One Park Avenue, 6th Floor, New York, New York 10016. Contact the Office of the President for further information.
Students may be subject to College discipline and sanctions for violations of the above policies that take place off-campus. In the discretion of the Dean of Students, the College may address such violations if the off-campus conduct impairs college-related activities or affairs of another member of the college community or creates a risk of harm to any member or members of the college community. Complaints of sexual assault or sexual harassment involving students will be addressed by the College through these procedures regardless of where they occur. Off-campus activities that are wholly unrelated to the College and its educational programs may be determined to be better handled by law enforcement authorities. The Dean of Students will determine whether the activities in question have sufficient connection to, or impact on, College activities to merit investigation and disciplinary action by the College.
Sexual Harassment Policy for Employees of MCNY
1.2 Sexual Harassment Policy
It is illegal under federal, state and local laws for an employer to discriminate or harass any employee on the basis of sex. Metropolitan College of New York prohibits sexual harassment of any member of the College community, whether such harassment is aimed at students, faculty, or other employees, and violators will be subject to disciplinary action. Sexual harassment may take many forms. Sexual assault and requests for sexual favors that affect educational or employment decisions constitute sexual harassment. However, sexual harassment may also consist of unwanted physical contact (including but not limited to patting, pinching or brushing against another's body); requests for sexual favors (including but not limited to propositions, innuendo, "jokes" or suggestive comments, whether transmitted orally, in writing, or electronically); visual display or circulation of sexual images (including through e-mail); sexually suggestive conduct, or offensive remarks of a sexual nature. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature will constitute sexual harassment when:
1.2.1 Procedures for Reporting a Complaint of Harassment and/or Discrimination
The College is committed to preventing sexual harassment and associated retaliatory behavior. All Metropolitan College of New York supervisors have a responsibility to act to stop harassment in the areas under their supervision. The College strongly urges the reporting of all incidents of sexual harassment and/or discrimination regardless of the offender's identity or position.
Individuals who believe they are being subjected to harassing or discriminatory conduct should promptly advise the offender that his or her behavior is unwelcome and request that it be discontinued. Individuals should then report the complaint, in writing, to the Director of Human Resources as soon as possible after the harassment has occurred.
Individuals who have experienced conduct they believe is contrary to these policies have an obligation to take advantage of the College's complaint procedure. Failure to fulfill this obligation may affect an individual's rights in pursuing legal action.
Early reporting and intervention have proved to be the most effective method of resolving actual or perceived incidents of harassment and/or discrimination. Therefore, the College strongly urges the prompt reporting of complaints or concerns so that rapid action may be taken.
The College will conduct a thorough and impartial investigation once a complaint of harassment or discrimination is made. Notice of the complaint shall be given to the subjects of the complaint at the appropriate time. The subject(s) of the complaint shall be afforded an opportunity to present his/her/their version of the events and any information they wish to offer in their defense. Both the complainant and the accused will be given written notice of the results of the investigation. All employees and students are required to fully cooperate in the investigation of harassment and discrimination complaints.
All complaints will be taken seriously and will be promptly and thoroughly investigated. Complaints will be treated as confidential matters and only those persons necessary for the investigation will be involved in the process.
1.2.3 Corrective Action
If it is concluded that harassment and/or discrimination did occur, the College will take immediate appropriate corrective action. Corrective action may include, by way of examples, training, referral to counseling, and/or disciplinary action, such as warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension with or without pay, demotion or termination.
Employees who in good faith make a complaint under this policy, or who cooperate with an investigation into possible harassment or discrimination, will be protected against adverse employment actions or retaliation for such complaint or cooperation. Follow-up interviews with the complainant will be conducted for an appropriate period of time to ensure that the harassment has not resumed and that no retaliatory action has been taken.
1.3 Policy on Other Types of Harassment and Discrimination
Just as sexual harassment is strictly prohibited, so is harassment or discrimination on the basis of race, color, sex, sexual orientation, religion, disability, age, veteran status, ancestry, national or ethnic origin, or any other category protected by law. The College will not tolerate harassment or discrimination of applicants, employees or students by anyone, including managers, supervisors, co-workers or students. Harassment consists of unwelcome conduct, whether verbal, physical or visual that is based upon a person's protected status, including those listed above. Harassing conduct includes, but is not limited to epithets, slurs, or negative circulation of written or graphic material (including through e-mail) that denigrates or shows hostility or aversion toward an individual or group. The College will not tolerate harassing conduct or discrimination that affects tangible job benefits, interferes with an individual's work performance, or creates an intimidating, hostile, or offensive working environment. Employees who observe or feel that they have been subject to such conduct should notify the College by following the procedures outlined in Section 1.2.1.
If you have any questions concerning the College's policy on harassment and discrimination, or other equal employment opportunity matters, please feel free to contact the Director of Human Resources.
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