The university defines sexual assault in the following way:

Non-consensual sexual intercourse or sexual contact, which includes any non-consensual oral, anal, or genital penetration with any object, by an individual or group upon an individual or group, without consent. It also includes any intentional sexual touching (intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice), with any object, by an individual or group upon an individual or group, without consent.

Sexual exploitation, including instances in which a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual assault offenses. Examples of sexual exploitation include but are not limited to: prostituting another student; non-consensual video- or audiotaping or photographing of sexual activity; unauthorized posting or distribution of materials involving the sexual activity of another person(s); going beyond the boundaries of consent (such as voyeurism or secretly watching others); tampering with birth control or condoms; and knowingly transmitting a sexually transmitted infection such as HIV to another student.

This definition includes conduct that may be considered criminal under the New York State Penal Code. New York State Law contains the following legal provisions defining the crimes related to sexual assault, which can be viewed at the following website: ypdcrime.com/penal.law/article130.htm

The university defines sexual assault in the following way:

The presence of consent involves explicit communications and mutual approval for the act in which the parties are/were involved. A sexual encounter is considered consensual when individuals willingly and knowingly engage in sexual activity. Consent can be revoked at any time for any reason. Consent is active, not passive: Lack of resistance, physical or verbal, does not imply consent, nor does silence, in and of itself, imply consent. Consent must be given for every act and for every time that the act occurs, regardless of history, past behaviors, or reputation. In order to give effective consent in New York State, one must be of legal age (17).

Consent cannot be procured by use of pressure, manipulation, compelling threats, intimidating behavior, substances and/or force, nor can it be given if an individual is mentally or physically incapacitated by alcohol or other drug use, unconsciousness, mental disability, sleep, and/or involuntary physical restraint. Intoxication does not excuse behavior that violates this policy.

Students are encouraged to speak to staff at the university to file a report of sexual assault. Students have the right to expect that incidents of sexual assault will be taken seriously by the university when reported and to have those incidents investigated and properly resolved through administrative procedures.

To file a report, a New School employee, whether staff or faculty, should report the sexual assault to the Senior Vice President for Human Resources or to the Office of the General Counsel.

A student should file a report of sexual assault to any of these university offices:

• Student Support and Crisis Management
  79 Fifth Avenue, 5th floor
  212.229.5900 x3189 or x3710
  

• Student Rights and Responsibilities
  79 Fifth Avenue, 5th floor
  212.229.5349
  

• Campus Security
  55 West 13th Street, mezzanine level
  212.229.7001 (24 hours)

Once a report is filed, the university official receiving the report or another appropriate official will provide the following information:

• Clear explanation of the university investigative and hearing procedures
• Where to access medical care
• Information about legal options
• Where to access support services on and off campus

There may be circumstances in which the university must take immediate action to protect the university community prior to a formal hearing. Actions such as interim suspension and/or removal from housing may be deemed necessary by a senior university official.After reporting sexual assault, a student may request the following:

• Change of on-campus housing assignment or exploration of alternative housing
• Transfer to a different class section when available, without academic penalty
• Determine feasibility of incompletes or leave of absence
  

If after filing a report a student expresses reluctance or unwillingness to proceed, the university, in accordance with the belief that a victim of sexual assault should be given this right, may comply with this request after appropriate investigation, as long as doing so maintains the health and safety of the university community.

1 The Assistant Vice President for Student and Campus Life is the University's Title IX Coordinator.

Removing Barriers to Reporting
The university encourages the reporting of code of conduct violations and crimes. Victims are sometimes hesitant to report to university officials out of a fear that they themselves may be accused of policy violations, such as underage drinking, at the time of the incident. To encourage reporting, the university pursues a policy of offering victims of sexual assault limited immunity from policy violations related to the incident; this also extends to students who offer help and assistance to others in need. While violations cannot be completely overlooked, the university will provide educational options (e.g., utilizing university support resources) rather than punishment in such cases.

Confidentiality
When a report is filed, every effort will be made to protect a student's privacy, and sharing of information will be on a need-to-know basis only. If a student seeks to make a confidential disclosure, this can be made to a medical or mental health professional, as protected by law, either on campus at Student Health Services or off campus (see resource section at end of this policy).

Investigative and Hearing Procedures
For the purposes of this Policy, the student making the complaint of sexual assault will be referred to as "the accuser" and the student alleged to have committed the assault will be referred to as "the accused." Complaints will be investigated and processed expeditiously.

Complaints of sexual assault will be reviewed under the Non-Academic Disciplinary Procedures and handled as a Level II Review. Under Section III.B.3 (e) of the Non-Academic Disciplinary Procedures, if the accused accepts responsibility for the alleged violations, the accused may waive the disciplinary review by the Disciplinary Review Panel. The Senior Vice President for Student Services or his/her designee will then determine sanctions, if applicable.

If the accused does not accept responsibility or accepts responsibility but does not waive his/her right to a disciplinary review by the Disciplinary Review Panel, the Assistant Vice President for Student and Campus Life will convene the panel. Panelists are selected by recommendation by the Faculty Senate, the University Student Senate, the Provost, and the Senior Vice President for Student Services. Members of the panel will be trained prior to panel hearings on sexual assault, its impact, and other information appropriate to this type of panel hearing. The Assistant Vice President for Student and Campus Life facilitates the hearing but does not weigh in on determining responsibility or sanctions.

The Hearing
If the matter is referred to a Panel for its review, the Panel shall set to begin as soon as possible after the accused has received notice of the complaint. The accuser and the accused will have the option to appear before the panel separately. The accuser and the accused may choose not to appear before the panel and may submit a written statement to be read to the panel. At the review, the Panel hears statements from both parties, asks questions, and then makes a decision based upon whether there is a preponderance of evidence that the sexual assault occurred. Preponderance of evidence means that it is more likely than not that the facts the accuser seeks to prove are true. The Panel's recommendation will then be sent to the Senior Vice President for Student Services, who will review the recommendation of the Panel and decide on a sanction, if appropriate.

The accuser and accused party are each entitled to have a support person present during a panel hearing (an ally, friend, family member). A lawyer can be considered a support person and attend but cannot ask questions or direct the hearing process.

Past sexual history or sexual character of a party will not be admissible by the other party in hearings unless such information is determined to be highly relevant. All such information will be presumed irrelevant. Although previous conduct violations by the accused student are generally not admissible as information about the present alleged violation, the Assistant Vice President for Student and Campus Life may supply previous complaint information to the hearing panel or may consider it him/herself if s/he is hearing the complaint.

Sanctions Statement
The university conduct process is founded on educational ideals that reflect the university's mission. As much as possible, the university is committed to educating students to be aware of policy, to respect others, and to be accountable for their actions. The Hearing Panel attempts to look at each situation independently and consider all variables in recommending a fair and reasonable sanction in a timely manner.

• Any student found responsible for violation of The Policy on Sexual Assault will receive a sanction ranging from warning to expulsion; depending on the severity of the incident, and taking into account any previous campus conduct code violations.

The outcome of a hearing panel is part of the educational record of the accused student, and is protected from release under the federal law, Family Educational Rights and Privacy Act (FERPA). However, the university observes the following legal exceptions:

• The accuser has an absolute right to be informed of the outcome and sanctions of the hearing, in writing, without condition or limitation.
• The university may release publicly the name, nature of the violation, and the sanction for any student who is found in violation of a university policy that is a "crime of violence," including but not limited to sex offenses and assault. The university will release this information to the accuser in these offenses regardless of outcome.

The accuser and the accused have the right to appeal the decision of the hearing panel. This appeal must be received in writing within ten (10) working days of the hearing outcome. The appeal will be reviewed by the Senior Vice President for Student Services in consultation with the Provost and the dean/director of the program for which the accused is enrolled. That decision will be final. In making this determination two things should be considered as grounds for an appeal: (i) clear and specific demonstration of being denied a fair review, and (ii) flagrant discrepancy between the infraction and the imposed sanctions.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act (Clery Act) is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies.

• Institutions must publish an annual report disclosing campus security policies and three years worth of selected crime statistics

• Institutions must make timely warnings to the campus community about crimes that pose an ongoing threat to students and employees

• Each institution with a police or security department must have a public crime log

• The United States Department of Education centrally collects and disseminates the crime statistics

• Campus community sexual assault victims are assured of certain basic rights

• Institutions must notify victims of their option to report their assault to the proper law enforcement authorities

• Students, faculty, and staff who have questions or concerns regarding this policy or the application of this policy may contact the following university offices:

• Student Rights and Responsibilities
  Address: 79 Fifth Avenue, 5th floor
  Phone: 212.229.5349

• The Office of the General Counsel
  80 Fifth Avenue, 8th floor
  Phone: 212.229.5432

The university defines sexual assault in the following way:

The presence of consent involves explicit communications and mutual approval for the act in which the parties are/were involved. A sexual encounter is considered consensual when individuals willingly and knowingly engage in sexual activity. Consent can be revoked at any time for any reason. Consent is active, not passive: Lack of resistance, physical or verbal, does not imply consent, nor does silence, in and of itself, imply consent. Consent must be given for every act and for every time that the act occurs, regardless of history, past behaviors, or reputation. In order to give effective consent in New York State, one must be of legal age (17).

Consent cannot be procured by use of pressure, manipulation, compelling threats, intimidating behavior, substances and/or force, nor can it be given if an individual is mentally or physically incapacitated by alcohol or other drug use, unconsciousness, mental disability, sleep, and/or involuntary physical restraint. Intoxication does not excuse behavior that violates this policy.