Metropolitan College of New York 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.

Office of Student Services

60 West Street, New York, NY 10006
Phone: 212-343-1234 ext. 5009
Fax: 212-334-6527
E-mail: studentservices@mcny.edu

Hours:
Mon & Thur: 10am - 7pm
Tues & Wed: 10 am - 6pm
Friday: 1pm - 6pm
1st & 3rd Sat: 10am - 2pm

Office of Student Services

463 East 149 Street, Bronx, NY 10455
Phone: 212-343-1234 ext. 2808
Fax: 718-665-7788
E-mail: studentservices@mcny.edu

Hours:
Mon, Tues & Thurs: 10am - 6pm
Wed: 11am - 7pm
Fri: By appointment
1st Sat: 10am - 2pm

Confidentiality of Student Educational Records MCNY complies fully with the Family Educational Rights and Privacy Act of 1974, as amended. This law provides that the institution will maintain the confidentiality of student educational records. Personally identifiable information from a student’s education record will not be disclosed without consent of the student, except to other school officials within MCNY whom MCNY has determined to have a legitimate educational interest, and to others to the extent the Family Educational Rights and Privacy Act authorizes disclosure without consent. A school official is a person employed by MCNY in an administrative, supervisory, academic, research or support staff position (including law enforcement unit personnel and health staff); a person or company with whom MCNY has contracted (such as an attorney, auditor or collection agent); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the College also discloses education records without consent to officials of another school in which a student seeks or intends to enroll. Directory Information Directory information refers to information contained in an education record of a student that generally would not be considered harmful or an invasion of privacy if disclosed. MCNY designates the following categories of student information as public or directory information. MCNY may disclose such information at its discretion, without the written consent of the student.

  • Name
  • Address
  • Telephone numbers
  • Email address
  • Photograph
  • Date of birth
  • Enrollment status (including full or part time)
  • Major field of study
  • Grade level or purpose
  • Dates of attendance
  • Degrees received
  • Honors and awards received
  • Most recent education institution attended
  • Student id number

A currently enrolled student may request that his or her directory information not be released by filing an opt-out form with the office of the registrar. Students should be aware that opting out does not prevent the release of information to school officials as described above, nor does it prevent a school official from identifying a student by name or from disclosing a student’s institutional email address in class. Right to Inspect Records The College respects the rights of students to inspect and review their educational records, with the exception of financial information submitted by parents and confidential letters and recommendations associated with admissions, employment or job placement. Students who believe their educational records contain inaccurate or misleading information should contact the office of the registrar regarding the policy for correction of inaccurate data as mandated by this law and implemented by MCNY. Students should complete a Review of Records Form available at the office of the registrar. MCNY will honor the request to review records within a 30-day period from receipt of the request. Complaints Each student has the right to file a complaint with the family policy and compliance office (address below) of the Department of Education if the College has failed to comply with the requirements of the law. Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-5901

Begin FERPA Tutorial

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 nonacademic 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:

  • Making any verbal or physical threats of violence, or behaving in a coercive, intimidating, hostile or threatening manner to students, faculty or staff.
  • Bringing weapons on campus—firearms, box-cutters, knives, mace, or any instrument or device used for attack.
  • Engaging in unprofessional and or illegal behavior or conduct, such as harassment, assault (see separate section on sexual harassment and sexual assault), falsifying official College documents, stealing, damaging personal or College property, using illegal substances, disrupting a class or activities in an area of the College’s premises, etc.
  • Uploading or downloading copyrighted works—music, movies, software, video games and other copyrighted works—without authorization of the owners. This is a violation of federal copyright law.
  • Viewing sexually explicit or other inappropriate websites on any of the College’s computers.
  • Any behavior that interferes with the operation of the College or any situation that recklessly or intentionally endangers or threatens the mental or physical health of any individual, including but not limited to threats, coercion, harassment or acts of violence.

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 Nonacademic 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 an attorney. 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 exempt 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.

Disciplinary Appeals

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:

  • Determining whether the original hearing was conducted in a fair manner and in accordance with College policy.
  • Determining whether the decision was based on a preponderance of the evidence.
  • Determining whether the sanctions were appropriate for the violation of conduct.
  • Consideration of new information that was not available at the time of the initial hearing.

Disciplinary Sanction

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:

  • Verbal and or written warning.
  • Community and or College service.
  • Behavioral contract.
  • Monetary fines and or restitution.
  • Social probation (suspension from a student club, group or activity).
  • Suspension from attending classes or being on College premises.
  • Dismissal.
  • Discretionary sanctions, which may include notation in the student’s permanent file.

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:

  1. The grievant’s (student filing the complaint) name, current contact information (address, IQMail address and phone number).
  2. A full description of the problem, including:
    1. The name of the individual(s) about whom the complaint is being made.
    2. The names of any witnesses.
    3. Copies of any materials that may be relevant to the complaint.
  3. A summary of the efforts made (if any) to resolve the issue informally.
  4. A statement of the remedy requested by the grievant.

C. Where to File a Complaint

The complaint is to be filed with the dean of students at Metropolitan College of New York, 60 West Street, New York,  NY 10006. The dean of students’ office is located on the 6th floor. Email: cibarradillon@mcny.edu.

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 on 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.

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 two doses of the measles vaccine were administered. Your healthcare 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.

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 email); 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:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of any individual’s employment.
  • Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual.
  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or creating an intimidating, hostile or offensive academic or working environment.

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.

1.2.2 Investigation

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 their own 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, coworkers 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 email) 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.

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:

Clotilde Ibarra Dillon
Dean of Students
Title IX Coordinator/504 Coordinator
Metropolitan College of New York
60 West Street
New York, NY 10006
(212) 343-1234; cibarradillon@mcny.edu

U.S. Department of Education
Office for Civil Rights
New York – Region II
32 Old Slip, 26th Floor
New York, NY 10005
(646) 428-3800; OCR.NewYork@ed.gov

Students, employees, and third parties may file a complaint using these procedures. These procedures apply to discriminatory and harassing conduct carried out by employees, students, and third parties. All College staff members who observe potentially discriminatory or harassing conduct should intervene where it is possible and safe to do so and promptly report the incident to the College’s 504 Coordinator. The College reserves the right to reasonably extend any timeframe outlined below as may be necessary given the facts of the case, the parties involved, and academic calendar.

Reporting Misconduct

Anyone who feels that he or she has experienced or witnessed harassment or discrimination by a student, employee, or third party may file a written complaint with the College’s 504 Coordinator either in person or by email. The College’s 504 Coordinator is named below and can be reached at:

Clotilde Ibarra Dillon
Dean of Students
Title IX Coordinator/504 Coordinator
Metropolitan College of New York
60 West Street
New York, NY 10006
(212) 343-1234; cibarradillon@mcny.edu

Investigation

Upon receipt of a complaint of harassment and/or discrimination the 504 Coordinator, or her designee, will initiate an investigation. An investigation will consist of meeting with the complainant and anyone else the complainant identifies as having relevant information. The 504 Coordinator, or her designee, will also meet with the person alleged to have committed the harassment or discrimination. Both the complainant and the respondent will have the opportunity to submit evidence and information as well as identify witnesses. The 504 Coordinator, or her designee, will explain to each party separately their rights under this and other relevant College policies as well as discuss the supportive resources and interim measures available. An investigation will generally be completed within 20 business days of receipt of a complaint.

The 504 Coordinator, or her designee, will complete an Investigation Report generally within 10 business days of the close of an investigation. That Report will be maintained in the 504 Coordinator’s Office.

Interim Measures

The College may implement interim measures to protect the safety and well-being of those who report or experience discrimination/harassment, as well as those who have been accused of such conduct. Interim measures may include, and will depend on the availability of College resources, the nature and severity of the allegations, and the parties involved: changes in class schedules, changes in work assignments/supervisors, academic support, and/or temporary no-contact orders.

The College is able to refer those involved in a harassment or discrimination complaint to a variety of community-based counseling and support resources. For more information about the resources that exist any individual (student, employee, visitor) may contact the 504 Coordinator or the Dean of Students’ Office.

Resolution

The Investigation Report will be forwarded to an appropriate and impartial administrative officer for consideration and determination as to whether harassment or discrimination occurred based on a preponderance of the evidence. The parties will be notified in writing of the College’s determination.

Generally, a determination will be completed within 14 business days of the administrative officer’s receipt of the Investigation Report, but may take a reasonably longer period of time depending on the facts, the availability of the parities, the College’s academic calendar, complexity of the case, and other factors specific to each case.

The administrative officer’s final determination may contain a recommended sanction depending on the nature of the findings.

Remedies/Sanctions

Possible sanctions include, but are not limited to, training, written warnings, suspension, and expulsion/termination from the College.

The College may take additional steps to address discriminatory effects of the misconduct and to prevent recurrence. Such steps will depend on the nature and extent of the discrimination or harassment, but may include mandatory training/counseling for the perpetrator of the misconduct, campus-wide or targeted trainings, campus outreach, and/or reasonable academic/emotional support for those affected by the misconduct.

Appeal

Either party may appeal the administrative officer’s decision within 10 business days of notification of the College’s determination. The appeal must be made in writing to the Appeal Officer designated by the College in its determination letter. Appeals will be limited to circumstances where a party makes a compelling argument that: (1) there was a procedural error in the investigation or hearing of the complaint, and/or (2) relevant evidence has become available that was not available during the investigation or hearing. Appeals will be conducted in an impartial manner by an impartial Appeal Officer.

The decision of the Appeal Officer is final and will be delivered to both parties within 10 business days of receipt of the appeal.

Retaliation

The College strictly prohibits any form of retaliation, intimidation, or reprisal for making a complaint of harassment or discrimination or otherwise participating in the investigation and resolution process. Anyone who experiences or witnesses retaliation should inform the 504 Coordinator immediately. Any person found to have committed an act of retaliation, intimidation, or reprisal will be subject to disciplinary action, which could result in suspension or expulsion/termination from the College.

Connect

Your opportunity to share your ideas, suggestions and comments about MCNY.

Metropolitan College of New York is committed to providing the best services. Your feedback provides the information that allows for constructive and thoughtful review. What is being done right? What do you feel we can improve upon?

Please take a few moments and share an idea, a suggestion or a comments below, and be sure to leave an email and name if you would like to be contacted.



    CONNECT is a tool for all students, faculty and staff to use in communicating “The Good”, “The Bad”, and the “Ugly” It is away for all stakeholders to communicate with MCNY about what’s on their mind. The information is collected and every effort is made to respond and act on suggestions. This will allow MCNY to do a better job on issues that need improvement and maintain good practices going. Thank you.