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. 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.
Reporting Sexual Misconduct
MCNY previously had one process for addressing sexual misconduct. Given the new Title IX Regulations promulgated in May 2020 and effective August 14, 2020, MCNY will now have two processes for addressing sexual misconduct. The Title IX regulations provide a more restrictive definition of “sexual harassment” and a more restrictive geographic scope that MCNY must investigate and adjudicate pursuant to the requirements of Title IX. The Title IX reporting, investigation and adjudication process reflected in this policy will apply only to allegations that meet the Regulations’ definitions (“Title IX Category Violations”).
MCNY will also address any allegations of violations of its policies, including those that do not meet the strict definitions of the Regulations. Those allegations (“College Category Violations”) will be addressed through separate policy and procedures.
Both policies addressing the College’s handling of sexual harassment and assault can be found in the document entitled Policy and Procedures for Sexual Assault Prevention and Reporting Sexual Misconduct.
Reporting any form of Discrimination or Sexual Misconduct
Inquiries or complaints regarding any form of discrimination, harassment or sexual misconduct, may be directed to:
Dean of Students
Title IX Coordinator
Metropolitan College of New York
60 West Street, 6th floor
New York, NY 10006
(212) 343-1234; extension 2800
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
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 Title IX 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.
More about Title IX
Know your rights
Discrimination/Harassment Reporting and Resolution Process
Metropolitan College of New York is committed to providing a learning and working environment not impaired by unlawful discrimination or harassment, including discrimination and harassment based on 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. The College’s internal grievance procedure outlined below is designed to further the equitable and prompt resolution of complaints and address the effects of harassment and discrimination.
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.
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:
Dean of Students
Title IX Coordinator/504 Coordinator
Metropolitan College of New York
60 West Street
New York, NY 10006
(212) 343-1234 ext. 2800; email@example.com
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.
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.
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.
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.
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.
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.