Title IX and CUNY Policy on Sex-Based Misconduct

Title IX and CUNY Policy on Sex-Based Misconduct

Title IX: Title IX of the Education Amendments of 1972 (“Title IX”) is a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities at universities receiving federal funds. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion

More information on CUNY’s policy: Title IX at CUNY

Training materials: Policy on Sexual Misconduct Training Series

Please visit our Public Safety page for more information on public safety at CUNY SPH, including information on how to report a sexual assault, as well as other crimes, and to view our Annual Security Report.

Policy Implementation Workflow – these charts reflects the resources available to the CUNY SPH community in the implementation of various relevant policies.

Combating Sexual Assault and Other Unwelcome Sexual Behavior

Anyone – of any gender, gender identity, sexual orientation, religious affiliation, citizenship status, race, class or educational level – can suffer from sexual harassment, including sexual violence. The goal of this website is to help you understand what sexual harassment means and let you know that there are people at CUNY and in the community who can help if you or others experience it. We want to make sure you understand your rights as a student, CUNY’s policies, and other issues related to sexual harassment, gender harassment and sexual violence.

On every CUNY campus there is a person who has special training in helping students who are facing issues related to sexual harassment and sexual violence. We urge you to contact this person (who is known as the “Title IX Coordinator”) for guidance or information.

Mandatory reporter’s responsibilities

• All faculty and staff, except confidential employees are mandatory reporters and must report sex-based misconduct to the Title IX Coordinator.
• If a student discloses a pregnancy to a faculty or staff member, that faculty or staff member must provide the student with the Title IX Coordinator’s information and make them aware that accommodations are available. Students who are pregnant and need accommodation options should contact the Title IX Coordinator or the Office of Accessibility Services.

Important Information and Resources for Victims/Survivors of Sexual Violence

If you have been subjected to sexual violence (including sexual assault; dating, domestic and intimate partner violence; stalking and/or voyeurism)

You Have the Right

• to make a report to campus security, local law enforcement, and/or state police or choose not to report
• to report the incident to the College
• to receive assistance and resources from the College
• to be protected by the College from retaliation for reporting an incident

Complaint Form

Please use this CUNY Sexual Misconduct Allegation Form and submit to:

Sahana Gupta
Chief Diversity Officer/Title IX Coordinator/ADA-504 Coordinator
CUNY Graduate School of Public Health & Health Policy, Room 521
sahana.gupta@sph.cuny.edu

Stay Safe and Preserve Evidence

1. GET TO A SAFE PLACE. If you are being stalked or threatened, or are concerned about your personal safety, call CUNY Public Safety at (646) 664-2911 or the NYC Police Department at 911 or go to a police station or hospital.
2. CALL FOR ASSISTANCE. Call your campus Counseling Service, Public Safety or the NYC Police. A public safety officer or counseling staff member can accompany you to a hospital or police station. Contacting the police does not require you to file charges.
3. SEEK MEDICAL ATTENTION from a listed Resource or at an Emergency Room as soon as possible. These Resources can provide treatment for injuries and for possible exposure to sexually transmitted diseases or emergency contraception.
4. PRESERVE ANY PHYSICAL EVIDENCE. You can decide whether to press charges later, but you can only preserve physical evidence now. Many NYC hospitals have specially trained “sexual assault forensic examiners” (SAFE) who gather evidence usable in court. SAFE exams are free and you can stop them at any time if you are not comfortable. If possible, avoid drinking, eating, showering, brushing teeth, combing hair or changing clothes before seeing a SAFE. But if you have done any of these things, evidence can still be collected and it remains important to seek medical attention. Evidence collection does not require you to make a police report or press charges, it just preserves these options. For more information, please check out our SAFE Guide. SAFE Centers: https://www.health.ny.gov/professionals/safe/

Confidentiality and Privacy

Confidentiality. Some Resources can provide confidentiality; they are not required to report incidents to the Title IX coordinator or other CUNY or law enforcement officials. These Resources generally include licensed health care providers, rape crisis counselors and clergy.

Privacy

Many CUNY faculty and staff are legally obligated to notify Title IX coordinators. Listed CUNY resources who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible and share information only on a need-to-know basis. The information you provide to a non-confidential resource will be shared only as needed to investigate or seek a resolution.

Confidential and Private Resources

Confidential and Private Resources are available on an emergency basis. You may speak with a trained resource who can provide information about your options, confidentiality and privacy, preserving evidence and obtaining a sexual assault forensic examination, and the differences between the criminal justice process and CUNY processes.

Please remember: criminal proceedings and campus proceedings are different: only law enforcement officials, such as the NYPD or DA’s Office, can advise whether specific conduct violates criminal laws.

For more information visit CUNY’s Title IX page or see Resources below.

Resources

* Available 24/7.