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TITLE IX FAQ

What is Title IX?

Title IX of the Educational Amendments Act of 1972 is a federal law that prohibits discrimination on the basis of sex in all educational institutions receiving federal funding. The U.S. Department of Education enforces Title IX and defines discrimination on the basis of sex to include sexual harassment, sexual assault, and gender-based relationship violence and stalking.

The New School prohibits discrimination and harassment based on sex and gender in all education programs and activities of the university and in employment and admissions. The New School also prohibits discrimination and harassment based on all protected classes recognized in federal, state, and local laws.

The University will not tolerate discrimination or harassment based on an individual’s race, creed, color, national origin, sex, gender, gender identity or expression, age, mental or physical disability, ethnicity, sexual orientation, genetic predisposition or carrier status, religion, pregnancy, veteran status, marital or partnership status, caregiver status or any other basis protected by applicable local, state or federal laws. Nor does the University tolerate unprofessional or bullying behavior among members of the campus community.

This policy applies to students, employees, visitors, volunteers, guests, recipients and/or providers of The New School programs or services, participants in internships and field placements, subcontractors and applicants for employment. The policy also pertains to The New School sponsored events that occur off campus, as well as off campus incidents that have a substantial on campus impact or effect on members of the University community. This policy also applies to off campus and online speech or conduct that causes a substantial disruption to University operations and/or its mission or substantially and negatively impacts members of the campus community.

What are Title IX Violations?

Discrimination or harassment based on an individual’s race, creed, color, national origin, sex, gender, gender identity or expression, age, mental or physical disability, ethnicity, sexual orientation, genetic predisposition or carrier status, religion, pregnancy, veteran status, marital or partnership status, caregiver status or any other basis protected by applicable local, state or federal laws.

Discrimination
Discrimination is any action that deprives or tends to deprive individuals of educational or employment access, benefits or opportunities on the basis of the individual’s actual or perceived protected status, as described above, or practice that adversely impacts members of one protected class more than others.

Discriminatory Harassment
Discriminatory harassment is unwelcome conduct that creates an intimidating, hostile or abusive work, academic, student residential or co-curricular environment; alters the conditions of employment or education or unreasonably interferes with an individual’s work or academic performance on the basis of the individual’s actual or perceived membership in a protected class.

What are Non-Title IX Violations?

Non- Title IX Sexual Harassment
A form of discrimination that includes harassment on the basis of sex, gender, gender identity or expression, sexual orientation or the status of being transgender. Sexual harassment includes unwelcome conduct of a sexual nature or which is directed at an individual because of that individual’s sex, gender, gender identity or expression, sexual orientation or the status of being transgender.

Non-Title IX Hostile Environment
A hostile environment occurs when the unwanted and objectionable conduct is based upon the individual’s actual or perceived membership in a protected class and limits and denies or unreasonably interferes with an individual’s work or academic experience (including student residential, campus life or co-curricular). A single or isolated incident of harassment or discrimination may create a hostile environment.

Prohibited Relationships
All romantic, dating or sexual relationships between staff or faculty (those in instructional positions, including Teaching Assistants, Teaching Fellows and Tutors) and students (graduate and/or undergraduate) are prohibited by this policy.

All employees (faculty and staff) are prohibited from entering into a newly formed romantic, dating or sexual relationship with any employee for whom they have direct or indirect supervisory or evaluative responsibility.

All employees (faculty and staff) who have a pre-existing romantic, dating or sexual relationship with an individual for whom they subsequently assume supervisory or evaluative responsibilities (directly or indirectly) are required to report this relationship immediately to their Chief/Dean.

All employees (faculty and staff) who have a pre-existing romantic, dating or sexual relationship with any student (graduate and/or undergraduate) are required to report this relationship immediately to their Chief/Dean.

Sexual Misconduct

Sexual Assault
Sexual assault is sexual activity, including sexual acts and/or sexual contact, which occurs without affirmative consent (defined below) to engage in the activity

Sexual Exploitation
Sexual exploitation is non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, humiliation, harassment or any illicit purpose.

Affirmative Consent
Affirmative consent to engage in sexual activity is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by word or action, as long as those words or actions create clear permission to engage in the sexual activity. Silence or the lack of resistance, in and of itself, does not demonstrate consent.

The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. Consent is required regardless of whether the person initiating the act is under the influence of drugs or alcohol. Consent may be initially given but withdrawn at any time.

Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by a lack of consciousness, being asleep, being involuntarily restrained or if the individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants may be incapacitated and therefore unable to consent. Consent cannot be given when it is the result of coercion, intimidation, force or threat of harm. An individual under the age of 17 cannot consent to sexual activity in New York. When consent is withdrawn or can no longer be given, sexual activity must stop.

Relationship Violence

Dating Violence
Dating violence is the use of physical violence, coercion, threats, intimidation or other forms of emotional, psychological or sexual abuse directed toward an individual, who is or has been in a social relationship of a romantic or intimate nature with the accused. It includes behaviors that intimidate, manipulate, humiliate, isolate, frighten, coerce, threaten or physically injure the individual. A romantic or intimate relationship may exist whether the relationship is sexual or not. Dating violence can be a single act or a pattern of behavior, depending upon the severity of the conduct.

Domestic Violence
Domestic violence is the use of physical violence, coercion, threats, intimidation or other forms of emotional, psychological or sexual abuse directed toward a current or former spouse, intimate partner, person with whom one shares a child or a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, or anyone protected from the accused’s acts under the domestic or family violence laws of New York. To categorize as domestic violence, the relationship between the complainant and the accused must be more than two people living together as roommates. The parties must be current or former spouses or have an intimate relationship.

Stalking
Stalking is a course of unwanted and repeated conduct directed at an individual or group of individuals, designed for no legitimate purpose and which causes a reasonable person to be in fear for their safety or the safety of others or to suffer substantial emotional distress.

What is Retaliation?

Retaliation is an intentional adverse action or threatened action taken by an accused individual or allied third party that harms or attempts to harm another individual as reprisal for filing a complaint, supporting a complainant or otherwise participating in a proceeding pursuant to this policy. Retaliation includes intimidating, threatening, disparaging, coercing or in any way discriminating against an individual as reprisal for the individual’s complaint or participation in an investigation or proceeding.

I am a student reporting another student, what should I do?

All students, employees and third parties who believe they have observed or been subjected to discrimination, harassment, including sexual assault, dating violence, domestic violence, stalking or retaliation are strongly encouraged to report this to the University in accordance with the procedures set forth in this policy.

Complaints Involving Students
Contact Cassita Charles-Bowie, Student Title IX Investigator at charlesc@newschool.edu.

Anonymous Reporting
https://www.pavesuite.com/Newschool/PublicPortal/AcademicMisconductIncident

Immediate Emergencies or Danger
Contact Campus Safety at 212-229-7001.

I am a student reporting a faculty or staff member, what should I do?

Complaints Involving Faculty, Staff or Third Parties
Contact Rhonnie Jaus, Vice President for Equal Employment Opportunity, Affirmative Action, Compliance and Title IX Coordinator at jausr@newschool.edu.

Immediate Emergencies or Danger
Contact Campus Safety at 212-229-7001

Harassment/Discrimination Reporting Form

What is the Student Amnesty Policy?

The health and safety of every student at The New School is of the utmost importance. The New School recognizes that students who have been drinking and/or using drugs (whether voluntary or involuntary) at the time of the violence, including but not limited to dating violence, domestic violence, stalking or sexual assault, may be hesitant to report such incidents due to fear of potential consequences for their conduct. The New School strongly encourages students to report dating violence, domestic violence, stalking or sexual assault to University officials. A bystander (witness) acting in good faith or a complainant acting in good faith, who discloses an incident of dating violence, domestic violence, stalking or sexual assault to University officials or law enforcement will not be subject to student conduct action for violations of alcohol or drug use occurring at or near the time of the commission of the dating violence, domestic violence, stalking or sexual assault.

What exactly does confidentiality mean?

Confidential resources will not release information without the express consent of the individual.

The New School strongly encourages all members of the campus community to report allegations of discrimination or harassment under this policy. However, there are confidential resources available for individuals who do not wish to make a formal report, but wish to speak with someone. Students may utilize the confidential on-campus resources of the Student Counseling Services and/or Student Health Services, or the Student Ombuds. Faculty and staff members may reach out to the Faculty and Staff Ombuds or call our Employee Assistance Plan.

I have filed a complaint, what are the next steps in the process?

Upon receipt of a complaint (or notice) of discrimination, harassment or retaliation (non Title IX offenses), an investigation of the allegations will be commenced. The investigation will be conducted in a prompt, thorough and impartial manner.

An individual from the Title IX office will contact you and set up a meeting. During the meeting you will be asked to provide as much information as possible about the allegations, as well as provide us with relevant witnesses and/or supportive materials. After the initial meeting, we will meet with each witness.

Next, we will meet with the accused. The accused will be offered the same process. We will discuss the allegations with the accused and ask if they have any relevant witnesses they would like us to speak to and/or any supportive materials. After the initial meeting we will meet with their witnesses and review their supportive materials.

For more detailed information please view our policy.

Someone has filed a complaint against me, what are the next steps in the process?

Upon receipt of a complaint (or notice) of discrimination, harassment or retaliation, an investigation of the allegations will be commenced. The investigation will be conducted in a prompt, thorough and impartial manner.

Prior to receiving your notice, our team has already met with the individual who filed the complaint against you and has already interviewed all of their relevant witnesses. Next, we will meet with you.

For more detailed information please view our policy.

What are interim measures?

At any time during the investigation, the investigator may recommend reasonable interim protections or measures for the parties involved. These measures may include separating the parties, placing limitations or restrictions, no-contact orders, suspension, alternative workplace schedules, student residential housing adjustments, transportation or academic accommodations or adjustments.

These measures are available regardless of whether the complainant pursues a complaint under this policy. Efforts will be made to minimize the burden on the complainant whenever practicable. Upon reasonable request, the accused and/or complainant will be afforded a prompt review of the interim measures, including potential modification. Either party will be permitted to submit evidence in support of such a request.

What is an investigation?

The university has the burden of gathering evidence during the investigation.
The university will speak with all parties involved, other witnesses and collect and review evidence.
All parties have the opportunity to present evidence and request that witnesses be interviewed.
All parties will be provided with written notice of meeting dates/times, as well as the right to attend meetings with an advisor of choice. The advisor of choice may act only in an advisory capacity at these meetings.
The university cannot restrict the right of either party to discuss the evidence in the case.
The university will send the investigative report (including all relevant evidence) to each party and their advisor, if any, at least 10 calendar days prior to the hearing for review. If a party wishes to submit a written response to the investigative report, the party must submit the report at least 2 calendar days prior to the scheduled start of the hearing.

What should I know about the hearing process?

The university will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing.
No party can waive the right to a live/virtual hearing. The university can still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through evidence that does not constitute a statement of that party. A decision maker cannot draw an inference about the determination of responsibility based solely on a party’s absence from the live hearing or refusal to answer cross examination questions.
The hearing will be conducted live/virtually in real time.
A decision maker or panel of decision makers will render the decision in the hearing.
Each party must be accompanied to the hearing by an advisor of choice.
The advisor can ask the party (or parties) or witnesses relevant questions on cross examination. Questions may only be asked by the advisor of choice. Parties are not permitted to ask questions of witnesses or other parties themselves during the hearing.
The standard of evidence used at the hearing is the preponderance of the evidence (see definition in official policy).
Complainants cannot be asked questions about their sexual history, unless it goes directly to the issue of consent to the alleged conduct or the identity of the accused.
Privileged evidence of a party/witness may not be used during the hearing without the consent of the party/witness.
Both parties will receive a written outcome determination letter of the proceedings that includes findings of fact, conclusions of policy violations, the rationale for the decision, as well as any disciplinary sanction or recommendation, if any. The letter will also contain information about how to file an appeal.
The university will maintain a record of the proceedings.

How do I appeal a decision I don't agree with?

Both parties have the right to appeal (1) the determination of responsibility at the hearing, and (2) dismissals of a formal complaint or any allegations therein, on one of the following grounds:

All appeal requests must be sent in writing to the Appellate Decision Maker within 5 calendar days of being notified of the determination of responsibility or dismissal of the formal complaint.
The Appellate Decision Maker will then issue a written decision on the outcome of the appeal to both parties within 10 business days, which will be final.
If no appeal request is filed within 5 calendar days—the determination of responsibility or dismissal of the complaint will be final.

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