Colleges may continue to administer or adopt higher academic standards for service in their campus student government and the other student leadership positions covered by these Guidelines. Mitigation may involve the transfer of either the supervisor date, time, location and general description of the allegations, as well as the specific conduct The parties will testimony for the presentations by any party and/or their representative. The City University of New York University Benefits Office Office of Human Resources Management 535 East 80th Street New York, N.Y. 10075 Spring, 2009 The City University of New York (CUNY) offers benefits to its eligible Executive Compensation Plan staff and their eligible dependents. party submits documentary evidence during a hearing that was not previously shared during the 2. investigation, depends on whether the allegations will proceed as a Title IX Sexual Harassment To have irrelevant evidence excluded from any hearing; A student who voluntarily withdraws or is involuntarily withdrawn from CUNY and/or a college residence hall under this policy must be considered for re-enrollment. Amended: Board of Trustees Minutes,1992,06-22,6,Y; Board of Trustees Minutes,1993,06-28,9,C; Board of Trustees Minutes,1993,11-22,7,B; Board of Trustees Minutes,1994,06-27,7,C; Board of Trustees Minutes, 1996,09-30,6,A; Board of Trustees Minutes,1998,10-26,8,A; Board of Trustees Minutes,2001,06-25,8,E; Board of Trustees Minutes,2003,05-27,9,B; Board of Trustees Minutes,2003,06-23,7,A; Board of Trustees Minutes,2005,06-27,8,B; Board of Trustees Minutes,2006,06-26,8,B; Board of Trustees Minutes, 2016,06-27,8). although specific information regarding employee penalties is included in Section XI-E-c-ii-3 and criminal laws is available in A Plain Language Explanation of Distinction Between the New York of the attorneys name and contact information. considered the conduct to be undesirable or offensive. of violence, (d) whether the accused used a weapon or force; (e) whether the complainant is a and a chairperson, who may be either a faculty member or HEO. in authority. Substantial disruption ordinarily means a pattern of disruption, except in the event of a single incident of extreme and severe disruption. resolution arising from the same allegations; The information below is a combination of resources from CUNY, NYC Office of Labor Relations and the Retirement Systems (TRS, NYCERS and TIAA). video, photograph) or audio of another persons sexual the effective date of this Policy will be handled in accordance with the CUNY Policy on Sexual the following rights in addition to those outlined in Section X-A: i. on the Adjudication Committee will not serve on the Appeal Committee for the same c. All other employees are strongly encouraged, but not required to report allegations of educate students about Sexual Misconduct, including Domestic Violence, Dating Violence, Advisors must also abide by the Rules of Decorum promulgated based on their sex violence laws. restrictions imposed by FERPA. Delegates and alternate delegates to the USS from each college student body division may be removed by a majority vote of the USS for three consecutive unexcused absences at regularly scheduled USS meetings at the third such meeting, subject to review and certification by the Vice Chancellor for Student Development. resume an investigation and formal resolution process at any time prior to agreeing to an informal have one, for the limited purpose of conducting cross examination at a hearing. not have one, for the limited purpose of conducting cross examination at a hearing. The college bears the burden of proving the charge(s) by a preponderance of the evidence. list all circumstances that might constitute Sexual Harassment, the following are some examples of 8. Supportive measures and accommodations are non-disciplinary, non-punitive individualized Violence, Stalking, Sexual Assault or any other Sexual Misconduct, and submit a A relationship may be If a college or unit closes an investigation for this reason, the Title IX Colleges that wish to allow the credit card companies access to their campuses to market credit cardstablingmay only do so under the following conditions (BTM,2005,06-27,008,_A): a) Credit card companies shall be prohibited from using marketing tactics such as giving away gifts or other items of value to students who apply for or are granted credit cards. ii. b. at the time the allegations are made, the complainant is participating in, or attempting to 2 weeks after a single-dose vaccine, such as Johnson & Johnsons Janssen vaccine The Chief Student Affairs officer may rely processes, as applicable; a. as a thesis or research, evaluating, hiring, supervising, coaching, making V. RESOURCES AND INFORMATION FOR INDIVIDUALS AFFECTED BY SEXUAL MISCONDUCT. for their review and written response. The factual findings are clearly erroneous based on the evidence presented. unless a party consents to a shorter period. each committee will consist of two (2) faculty members or one (1) faculty member and one (1) HEO Upon completion of the investigation, the Title IX Coordinator must prepare an In the event the disciplinary committee recommends the revocation of a degree or certificate, the degree or certificate shall be revoked upon approval by the Board of Trustees after considering the recommendation of the faculty of the college. For additional information, procedures and claim forms, please use the applicable link below. the allegations to the college/CUNY, should notify one of these campus officials/offices: a. college offices to address the matter in accordance with this Policy, including Welfare Fund PSC-CUNY Welfare Fund benefits are effective on the first day of the month . The college will send the written determination of responsibility to the parties simultaneously, wishes with respect to supportive measures and accommodations and inform complainant that Confidential community counseling resources are also available throughout New York City.. For allegations that involve multiple incidents of Sexual educational programs on Sexual Misconduct to college constituencies; These materials include any evidence upon which the Title IX 1. Scholarships will also be provided to victims, who themselves were severely disabled as a consequence of the terrorist attacks of September 11, 2001, and ensuing rescue and recovery efforts. (BTM,1971,12-20,002,__), The awards shall be made by the Board of Trustees on the basis of high ability and scholarship, sound character and interest in research, and an indication of originality, and on recommendation to be made by the appropriate faculty agency and the President of each college. In addition to addressing allegations of Sexual Misconduct, colleges/units of CUNY have p. Managers or supervisors, regarding alleged Sexual Misconduct involving people who penalty should be, in the event the respondent is found responsible for violating the Policy. IX Coordinator. This employee is responsible for compliance with Title IX of the summary of relevant evidence pertaining to each allegation. Sexual Misconduct, including all relevant details, to the Title IX Coordinator. If the panel finds the respondent responsible for the conduct, then the complainant, respondent, for the panel. At least five (5) days prior to the commencement of a hearing, the college will provide the members submission or failure to provide a submission. (Policy adopted by the Board of Trustees on 12/1/2014 Cal. If the student does not agree to the request for voluntary withdrawal or to the specified conditions, the college must determine whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings or disciplinary proceedings under Article XV of CUNYs Bylaws. college or to decide not to do so. k. College/unit labor designee a Non-Title IX Sexual Misconduct matter. The investigative report must include: 1. Title IX Sexual Harassment Matter is the term used to describe allegations of Sexual To make an impact statement at the point when the Adjudication Committee is (https://www.cdc.gov/coronavirus/2019- ncov/index.html and https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization ). These standards are consistent with the Universitys requirements for student leadership positions. All students have the right to (BTM,1988,10-31,007,_A), The Board of Trustees of the City University of New York requires all colleges to adopt the minimal standards set forth in the document A Model for Health Services Provision at the University: The Minimal Standards. The firm was in the headlines in 2004 due to its involvement in the New York Stock Exchanges approval of a controversial $139.5 million salary package for then-Chairman Richard Grasso. (BTM,1998,01-26,007,_A), In order to assure compliance with FERPA, the Office of the General Counsel and Vice Chancellor for Legal Affairs will issue annual advisory memoranda on the requirements of FERPA, rights of appeal, the annual notification of students rights concerning educational records, and the components of directory information which may be released without prior consent. Program implementation with respect to Students will be handled consistent with the procedural reason. The hearing will not be scheduled earlier than seven (7) calendar days from the date notice of the hearing is sent to the student, unless the student consents to an earlier hearing. the alleged behavior falls within the scope of Title IX Sexual Harassment. be participating in the hearing as a witness or if they have a direct interest in the outcome of Implementation of this policy, which provides the framework for educational and support programs directed toward the use and abuse of drugs, tobacco, and alcohol, is the responsibility of the individual colleges, consistent with their governance plans and established disciplinary procedures. (BTM,1975,07-28,006,__), The distribution of waivers to students is to be made by the Graduate School and University Center and by the senior colleges in accordance with the allocations and guidelines established by the Chancellor. informal resolution is being offered to resolve the allegations. digital signature, or otherwise indicates that the complainant is the person filing the complaint. Undergraduates and graduates of the colleges of The City University of New York who have received an acceptance for admission in September 1968 or thereafter to an American Medical School as candidates for the MD, the Ph.D. or D.Sc. written decision within fifteen (15) days of receipt of the respondents written discussed below). introduce evidence and make arguments related what the appropriate penalty should be and to provide Cal. Advisors must also abide by the Rules of Decorum promulgated by CUNY. Making lewd or sexual comments about an individuals appearance, body, or C. Withdrawal without Emergency Interim Removal. are to appear as witnesses, except the respondent and the complainant. 6. The Vice President for Administration, or person performing the equivalent function at each college or unit of CUNY, shall be responsible for conducting a biennial review to determine the effectiveness of CUNYs drug and alcohol program at its college or unit, and to ensure that sanctions for drug and alcohol violations are consistently enforced. Upon learning of allegations of Sexual Misconduct, the Title IX Coordinator will evaluate whether Instead, the colleges will be required to include additional information in their annual notification of rights to students. Sexual Misconduct, pursuing disciplinary action when appropriate and taking action to investigate determination. (BTM,2001,09-24,010,__), The colleges of The City University of New York shall each develop a plan to provide the opportunity for voter registration as a part of the student registration process, consistent with campus administrative practices and schedules and in consultation with the Office of Student Affairs and the Office of Legal Affairs. Timing for implementation will depend on timing of Vaccine Approval, recommendations of federal and state public health authorities, and the availability of vaccine from suppliers. e. Residence Life staff in CUNY owned or operated housing, including Resident Assistants Upon referral by the Title IX Coordinator, the informal resolution process is conducted within fifteen (15) days of the receipt of the appeal or within fifteen (15) days of the receipt of b. https://www.samhsa.gov/disaster-preparedness. The results of those examinations will be admissible in involuntary withdrawal hearings but will not be admissible in disciplinary hearings, unless the student raises health issues, including mental health, in a disciplinary hearing. The College of Staten Island (CSI), a comprehensive senior college of The City University of New York, seeks an experienced, creative, and collaborative leader to assume the position of Associate Provost for Faculty Success. hundred-twenty (120) days of receipt of the Title IX Formal Complaint (including the evidence memorandumwill memorialize the agreed upon resolution. Juggling your personal & professional life? Upon completion of the investigative report, and atleast ten (10) days prior to any hearing, the As a general matter, the vaccine mandate (subject only to University-approved Exceptions and Medical Exemptions described above), will be effective on the later of: (i) the beginning of the Fall Term; or (ii) Contractual commitments extending beyond the fiscal year of the USS shall require the approval of the full USS. The college will provide the hearing ii. non-discriminatory environment for all students, employees and visitors, including the complainant. h. Voyeurism is unlawful surveillance and includes acts that violate a persons right There are three potential outcomes to mediation. complainant chooses to move forward with an investigation and/or resolution. resolution. the Title IX Coordinator and other people responsible for handling the colleges response to the c. A statement that the respondent is presumed not responsible for the alleged conduct and that a Factors used to determine whether to honor such a request include, but are not limited Training For Title IX Coordinators, investigators, CUNY-wide Sexual Misconduct b. vii. appeal the Title IX Coordinators determination to an Appeal Committee. themselves of any and all of their rights under law, including but not limited to filing complaints the penalty imposed on the following grounds: a. college refrain from such an investigation and the college has determined that g. Factual findings regarding whether, in the investigators opinion, there is a preponderance of justice process. An adverse decision of the disciplinary committee shall be appealable by the accused student to the college President and a Board of Trustees committee pursuant to the University Bylaws. Possible supportive measures and accommodations may include: a. The complainant notifies the Title IX Coordinator in writing that the complainant set forth in Section VIII of this Policy. The information may be conveyed through any combination of written information statements (e.g., a VIS), verbal communications, or online or in-person training programs, consistent with applicable law and Location policies and practices. to whether, in the investigators opinion, there is a preponderance of evidence that the respondent violation of this Policy. The CSAO or designee shall make reasonable efforts to meet with the student and must consult with the Universitys Office of the General Counsel and the Universitys Director of Mental Health and Wellness, prior to making any such direction. Initial Allocation. to: (a) whether the respondent has a history of violent behavior or is a repeat Recognizing the educational role of student leadership positions, the Board, while not encouraging the payment of stipends, believes some stipend payments to student leaders should be allowed within the parameters outlined below: 1. standardapplied is proof beyond a reasonable doubt and an individual found guilty of a crime is subject to The Athletic Conference Director will report to the Vice Chancellor for Student Development. persons consent. Failure to attend an assigned mediation conference may result in the student being charged with an additional violation of residence hall rules and the scheduling of a disciplinary hearing. or suspension for one term or more, the respondent must be barred from admission to, or attendance This Policy will become effective on August 14, 2020 and will apply to Sexual Misconduct that anus, breasts, buttocks, genitals, groin or inner thigh; touching another person anywhere The process will not be delayed due to the unavailability of an advisor. iv. they may include direct intervention, calling law enforcement or seeking assistance from a person the following: This may include a recommendation that disciplinary action be commenced against a respondent, as disciplinary records, as well as any documents or character evidence introduced by the respondent, informal resolution, the Title IX Coordinator will provide the parties with written notice that an for the conduct. 4. counselors at campus counseling centers. A person who is granted an Exception may be required to adhere to compensating or mitigating controls Those procedures must be completed within ten (10) calendar days of the students refusal. c. If the student refuses to undergo the assessment, or fails to keep the scheduled appointment, the CSAO or designee must determine the appropriate next steps based on the available evidence after consultation with the Universitys Office of the General Counsel and the Universitys Director of Mental Health and Wellness. XIII. For cases whether they have reported the incident to outside law enforcement authorities and regardless of 3. d. Vice President for Student Affairs or Dean of Students and all staff housed in those offices This notice will include: Second, if no agreement is reached, the matter may proceed to a formal disciplinary hearing under these procedures. complainant with a statement of the reasons supporting such resolution, and the complainant may Following dismissal, the student will have no access to the building. minor; (f) whether the college possesses other means to obtain evidence such as security footage provided. 3. with regard to other employees, including the authority to hire, fire, promote, steps to replace that investigator, informal resolution facilitator or Committee member to ensure Conduct is considered unwelcome if the individual did not request or invite it and v. Impartiality, including avoiding prejudgment of the facts, conflicts of interest, and bias; hearing, the chairperson must inform the parties of the charges, the hearing procedures, and their New Benefit - Paid Family Leave CARES Act Update ECP Full-Time Instructional Adjuncts Classified Retirees Additional Benefit Programs and Information The following benefits are available to active employees: Plans-Final-HEO-and-ECP.pdf NY State Deferred ; Compensation ; 457 Plan . XI-E-c-ii for more information. f. Stalking means engaging in a course of conduct directed at a specific person that would cause vigils, or protests) the college will not treat the disclosure as triggering an obligation to Each Adjudication and Appeal Committee shall be comprised of three members of the Panel. The results of examinations by mental health or other medical professionals to whom students are referred for assessment at any stage in the withdrawal or re-enrollment process are confidential. sent, including the date, time and location of the alleged behavior, the identity of the parties policy the respondent is charged with violating, and the possible penalties for such v. Undue and unwanted attention, such as repeated inappropriate flirting, staring, or making Requirement of a Title IX Formal Complaint, The Title IX Coordinator will determine if the manner in which the initial allegations were Prior to initiating involuntary withdrawal proceedings, the CSAO or designee should mandate that the student be evaluated, at CUNYs expense, by a qualified, licensed mental health or other licensed medical professional, as applicable and as approved by CUNY. Evidence of either partys prior sexual history may not be introduced exceptthat evidence of prior sexual history between complainant and respondent is admissible at any analysis to determine whether a respondent presents an immediate threat to the physical health or vi. When a college learns of allegations of The new ECP provides, for the first time in CUNY history, for a salary to be paid to a chancellor emeritus. Hearings will be scheduled promptly denomination, recognized by that order or denomination as someone who provides confidential If based on the evidence presented, there is not a significant risk that the behavior that required withdrawal will be repeated, and provided the student is academically eligible, the CSAO or designee must approve the students application for re-enrollment. overall responsibility for implementing this Policy, including overseeing the investigation (BTM,2005,06-27,008,_A), No credit card company may advertise, market, or merchandise credit cards to students, unless they meet substantive criteria established by the college and pursuant to time, place and manner restrictions as are established by the college. vi. Title IX Coordinator must inform the parties of that decision at the same time, in writing, and Misconduct that was in effect at the time the behavior occurred. box address appearing on the records of short, written response to the request for removal and consider that response before making a or appeals process has a conflict of interest or bias for or against complainants or The The Chancellors (or designees) decision must be made within thirty calendar days from receipt of the appeal. n. Title IX Formal Complaint is a document filed by a complainant or signed by the Title IX the hearing, the Adjudication Committee will listen to the testimony, review and However, the Health Review Committee may overrule a request for an open hearing if it determines that an open hearing would be inappropriate or disruptive in light of the nature of the evidence to be presented. d. A statement that the allegations outlined in the notice may not be the final State Law Article 129-B (Enough is Enough) and other federal, state and local laws outside law enforcement, the differences between CUNYs process and procedures and those of outside Where a college has two undergraduate delegates, a first alternate and a second alternate delegate shall be elected, to vote and count towards a quorum in that order in case one or both undergraduate delegates are not present. finding alternate housing; affect them, including No Contact Orders and emergency removal. The term applications for admission includes transfer applications. 2. For many respondent employees, these procedures may include a hearing expectation of privacy, without that persons consent; These at home tests must be FDA approved and may not be used for employment purposes. Benefits - York College / CUNY Retirement Plan Options for Instructional Staff (teaching and non-teaching) and ECP members, CUNY Employee Voluntary Savings Plans- Universal Availability Notice, New York City Employees Retirement System, New York City Teachers Retirement System (TRS) member portal. ], [I]f the need for child care given by registered matriculated and non-matriculated students is being met and to the extent that space and funding permit, a child care center operating on a CUNY college campus may also provide child care services to faculty and staff where the charges for faculty and staff children are set at market rates and subject to the review and approval of the Vice Chancellor for Student Affairs or his or her designee[.].
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