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Grievance Procedures for Sex and Gender-Based Misconduct
Anyone who believes they have been subjected to sex or gender-based discrimination or harassment (“gender-based misconduct”) is encouraged to report these incidents. Uponreceiving a report, Barnard College (“the College”) will respond promptly, equitably, impartially and fairly. In addition, the College will take steps to prevent the recurrence of the alleged gender-based misconduct and to correct its effects. Individuals involved in a gender-based misconduct matter may request academic, residential, or work accommodations by contacting the Title IX Coordinator. The College is committed to providing an employment, learning and campus living environment free from gender-based discrimination or harassment.
Consistent with its commitment to addressing gender-based misconduct, the College complies with Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities. Gender-based misconduct, as defined within the Policy Against Discrimination and Harassment of Barnard College (“Policy”) is a form of sex discrimination prohibited by the College and under Title IX. The College is committed to encouraging meaningful, candid dialogue on alleged discrimination or harassment in an educational context. A discussion on the Concept of Academic Freedom and Harassment can be found in the Policy.
The grievance procedures below are specifically for the adjudication of complaints of gender- based misconduct when such complaints involve Barnard College students, faculty, staff, administrators and/or third parties. The College takes seriously complaints of gender-based misconduct and takes prompt, effective action, including disciplinary action, upon a finding of a Policy violation. The College also takes steps to address the effects of discriminatory action on Complainants and the College community. Inquiries regarding Title IX can be referred to the Title IX Coordinator:
Title IX Coordinator Barnard College
105 Milbank Hall
Online reporting at barnard.edu/doc/titleIX
Inquiries may also be directed to:
- Confidentiality & Request for Anonymity
- Definitions & Examples
- Reporting Process
- Use of Alcohol
- Right to Advisor
- Interim Measures
- Informal Resolution
- Adjudication Process
- Range of Sanctions
- Appeals Process
- Procedure Timeline
- Complainant & Respondent Rights
Any College official (with the exception of the few designated confidential resources) informed of an allegation of gender-based misconduct involving students or other members of the College community is required to share that information with the Title IX Coordinator.
Confidentiality may be offered by certain designated College resources who are not required to report known incidents of sexual assault or other crimes to College officials, consistent with state and federal law, (including but not limited to 20 USC 1092(f) and 20 USC 1681(a)). At Barnard, Furman Counseling Center clinicians are confidential resources. In addition, Barnard students can seek confidential support and assistance from advocates, on campus, at the Sexual Violence Response Rape Crisis/Anti-Violence Support Center or off campus at St. Luke’s Crime Victims Treatment Center. (Contact information for on and off campus confidential resources can be found at http://barnard.edu/doc/titleix/resources).
When a report of gender-based misconduct is investigated, the Complainant, the Respondent and all identified witnesses who are interviewed in the investigation, will be notified of the College’s expectation of maintaining privacy, and the available confidential resources. The College does not place restrictions on the right of parties to disclose the outcome of matters resolved under these Procedures. The College will make all reasonable efforts to maintain the privacy of the parties involved in gender-based misconduct investigations. Even College representatives who cannot guarantee confidentiality will maintain privacy to the greatest extent possible. Breaches of privacy will be reviewed, may be considered a violation of the Policy and may result in additional disciplinary action.
COMPLAINANT REQUEST FOR ANONYMITY
A Complainant may request anonymity because he/she does not want his/her identity known to the Respondent or witnesses (wishes to remain confidential). The Complainant has the opportunity to meet with the Title IX Coordinator to discuss available options for moving forward and available resources. The Complainant may request anonymity or express whether the Complainant consents to an investigation or wishes to participate in such investigation. The College will make all reasonable attempts to comply with such a request; however, the College’s ability to investigate and respond may then be limited. The College will provide a Complainant seeking anonymity information about relevant confidential hotlines provided by New York State agencies and not-for-profit entities (information also at the end of this document).
In addition, the College is required by Title IX to weigh the Complainant’s request for anonymity or lack of consent to investigation with the College’s commitment to provide a reasonably safe and non-discriminatory environment. If the College cannot maintain a Complainant’s request for anonymity or it is deemed necessary to proceed with investigation with the College as Complainant, she/he will be notified by the Title IX Coordinator. In situations where a member of the College community becomes aware of a pattern of behavior by a single Respondent, the College will take appropriate action in an effort to protect the College community.
Definitions and Examples
Gender-based misconduct comprises a broad range of behaviors focused on sex and/or gender discrimination that may or may not be sexual in nature. Sexual harassment, sexual assault, sexual exploitation, gender-based harassment, stalking, domestic violence and dating violence are forms of gender-based misconduct under the policy. Gender-based misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship (current or former). Gender-based misconduct can be committed by men or by women, and it can occur between people of the same or different sex. (See the Policy Against Discrimination and Harassment for full definitions)
Potential instances of Gender-Based Misconduct
- Pressure for a date or a romantic or intimate relationship
- Unwelcome touching, kissing, hugging, or massaging
- Use of coercion, threat, intimidation, or force to engage in sexual activity
- Continuing sexual activity after consent has been withdrawn
- Unnecessary and unwelcome references to various parts of the body
- Belittling remarks about a person's gender or sexual orientation based on gender- stereotyping
- Inappropriate sexual innuendoes or humor
- Videotaping and photographing activity of a sexual or personal nature without consent of those being recorded
- Obscene gestures of a sexual or gender-based nature
- Offensive sexual graffiti, pictures, or posters
- Sexually explicit profanity
- Use of email, the Internet, or other forms of digital media to facilitate any of the above referenced behaviors
These Procedures shall not be considered to abridge academic freedom and inquiry, principles of free speech, or the mission of the College.
FILING A REPORT
Any report of alleged gender-based misconduct by a student, member of the faculty, staff or administration of Barnard College or a person who is not a member of the Barnard College community can be filed with the Title IX Coordinator or other designated contact noted within the Policy Against Discrimination and Harassment (such as Human Resources). All members of the community are encouraged to consult with the Title IX Coordinator if they are unsure about how or what information to report. The Title IX Coordinator is obligated to act on any report of alleged gender-based misconduct, to ensure measures are taken to stop adverse behavior and prevent its recurrence, as appropriate. It is important to note, however that not every report leads to a disciplinary process. Each report is reviewed individually. Information can be shared via an online report form located on the Barnard website athttps://barnard-advocate.symplicity.com/public_report.
In cases where the gender-based misconduct is reported anonymously (e.g. through the online report without including information of the reporting party) or by an observer/concerned individual to the Title IX Coordinator, the Complainant will be notified by the Title IX Coordinator that a report has been received. The Title IX Coordinator will meet with the Complainant to discuss her/his options and available resources at the College and in the community. The Complainant has a right to withdraw involvement or withdraw complaint, however, in some circumstances, the College nevertheless may need to investigate, such as where it is necessary to ensure the safety of the College community. In such instances where the complainant withdraws the complaint or from involvement in the process, the College may proceed and serve as a complainant in the matter.
ADMINISTRATIVE CONTACTS FOR MAKING A REPORT
Anyone wishing to file a report of gender-based misconduct, seeking information, accommodation and/or resource information should contact the Title IX Coordinator. This may include reports of gender-based misconduct by a visitor to or vendor of campus, or when the identity of the alleged perpetrator is unclear. Anyone may consult with the Title IX Coordinator regarding reporting or may file a report electronically (https://barnard-advocate.symplicity.com/public_report).
Title IX Coordinator: Amy Zavadil
105 Milbank Hall
The Title IX Coordinator is responsible for coordinating the College’s response, disciplinary process, and for working with all involved parties. The Title IX Coordinator will assist in identifying options for complainants in situations when discipline of the Respondent is outside of the College’s jurisdiction (including students of other institutions).
Alternatively, reports may be made to Human Resources (Catherine Geddis,firstname.lastname@example.org).
The health and safety of every student at Barnard is of utmost importance. Barnard recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including, but not limited to domestic violence, dating violence, stalking or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Barnard strongly encourages students to report domestic violence, dating violence, stalking or sexual assault to College officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to College officials or law enforcement will not be subject to the College’s Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault. The College alcohol policy can be found on the Barnard website. (https://barnard.edu/policy/aod)
The use of alcohol and other drugs can have unintended consequences. Alcohol and other drugs can lower inhibitions and create an atmosphere of confusion over whether consent is freely and affirmatively given. The perspective of a reasonable person will be the basis for determining whether one should have known about the impact of alcohol and other drugs on another person’s ability to give consent. Providing alcohol or other substances to another person without their knowledge or for the purpose of incapacitation to coerce sexual activity is a violation of the Policy. Consent is required regardless of whether the person initiating the act is under the influence of alcohol and/or drugs. The personal use of alcohol and other drugs never makes someone at fault for being sexually assaulted.
Upon receipt of a report of an incident of sex or gender-based misconduct the Title IX Coordinator will insure the reporting individual has been advised of their rights (1) to make a report to local law enforcement and /or state police or choose not to report; (2) to report the incident to campus authorities; (3) to be protected from retaliation by the College for reporting an incident; and (4) to receive assistance and resources from the College. The reporting individual can choose to meet with the Title IX Coordinator to discuss these rights.
Individuals reporting acts of sex or gender-based misconduct may also choose to file a report with the New York City Police Department (or appropriate agency with jurisdiction). The College system and police/legal system work independently from one another. Individuals can file reports with the College, or with NYPD, or with both systems simultaneously. Individuals also have the right to decline reporting. Because the standards for finding a violation of criminal law are different from the standards in this policy, criminal investigations or reports are not determinative of whether or not gender-based misconduct, under this policy, has occurred.
ADVISOR OF CHOICE
Complainant and Respondent each have the right to be accompanied to any related meeting or proceeding by an advisor of their choice. An advisor may be an individual who attends as a supportive presence. An advisor may take notes and quietly confer with the party being advised, but may not speak on behalf of the party or in any way disrupt any meeting or proceeding. Witnesses or others involved in the Gender-based Misconduct Process are not permitted to bring another person to any meeting or hearing.
Although the parties are not required to bring their advisor to all meetings, utilizing the same advisor throughout the process, unless there are extenuating circumstances, allows the process to move forward in an efficient fashion. In the event that a party wants to make a change to their advisor, they must provide notice to the Title IX Coordinator.
If a Barnard student Complainant or Respondent desires to have an attorney serve as her advisor, they may retain counsel independently or, in matters where both Respondent and Complainant are students, the College will arrange for an attorney-advisor, if the student so requests. In such cases, the College provides the designated attorney-advisor for the Gender-Based Misconduct Process at no cost to the student. Once an attorney-advisor is arranged by the College, the student may not request a different attorney-advisor from the College, but may make another advisor selection if she chooses. If the College is requested to arrange for an attorney- advisor for either the Barnard student Complainant or Respondent, it will notify the other party.
The College encourages prompt reporting, but does not limit the timeframe for filing a report of gender-based misconduct. Reports can be submitted at any time following an incident, although the College’s ability to take any action may be adversely affected/limited by the length of time between the alleged incident and the report. The current relationship to the alleged perpetrator may also limit the available range of disciplinary action (e.g., if an individual is no longer employed by the College or enrolled as a student). Once a report is received, projected timelines are provided in the steps of the procedure outlined below.
The College is able to respond formally to alleged incidents of gender-based misconduct:
- that occurred or may have a continuing effect on campus,
- that occurred in the context of official College programs or activities (regardless of location), or
- where the Complainant and Respondent are students, member of the faculty, staff or administration of Barnard College.
If the Respondent is affiliated with the College, but not a College student, faculty or staff member, procedures of the affiliated institution (Columbia University or Teacher’s College) may apply to the investigation and disciplinary process.
If the offender is unknown or is not a member of the College community, the Title IX Coordinator (or designee) will assist individuals in identifying appropriate on and off campus resources and/or provide access to local law enforcement authorities if the individual would like to file a report. In addition, the College may take other actions such as providing interim measures or accommodations to protect the individual and the campus community, regardless of whether there is a disciplinary process to proceed.
Any action by a member of the Barnard College community to penalize, intimidate, harass, take adverse action against a person who makes a report of discrimination or harassment, participates in an investigation or otherwise asserts rights protected by non-discrimination laws is prohibited. Retaliation may be found even when the underlying report does not constitute discrimination or harassment in violation of policy.
Any person who believes that he or she has experienced retaliation for reporting discrimination or harassment, participating in an investigation, or for acting as an advocate should immediately contact the Title IX Coordinator or Human Resources. The College takes such reports seriously, investigates reports of retaliation, and takes strong disciplinary action against individuals found to have engaged in retaliation, as appropriate. All members of the College community are expected to cooperate with investigations of violation of this policy.
Based upon the nature of a report, and particularly where the presence of the Respondent may be a continuing threat to the health or safety of the community, the College may impose restrictions, or interim measures, during the investigative process, up to or including suspension or other access restrictions. Requests for specific measures to be considered can be discussed with the Title IX Coordinator.
When the Respondent is a student, the College may issue a “no contact directive” consistent with College policies and procedures, whereby continued intentional contact with the reporting individual would be a violation of the College policy subject to additional conduct charges. If the Respondent and the Complainant observe each other in a given campus space, it shall be the responsibility of the Respondent to leave the area immediately and without directly contacting the Complainant. The College may work with both parties to establish an appropriate schedule for the Respondent to access applicable College buildings and property at a time when such buildings and property are not being accessed by the Complainant. No contact directives may also be imposed when the Respondent is a staff or faculty member of the College.
During an investigation and until resolution of the matter, other reasonable and available interim measures and accommodations may be provided, including bans from campus, and/or appropriate changes in academic, housing, transportation or employment or other applicable arrangements in order to help ensure safety, prevent retaliation and avoid an ongoing hostile environment. Failure to adhere to the parameters of any interim measures is a violation of policy and may lead to additional disciplinary action.
Both the Respondent and the Complainant shall, upon request to the Title IX Coordinator, be afforded a prompt review of interim measures that may affect both parties, including the ability to provide information and/or evidence, reasonable under the circumstances, of the need for reviewing terms of a no contact order or parameters of other interim measure, including interim suspension, as well as including proposed potential modification.
All students affected by experience of gender-based misconduct, whether or not the matter is to be adjudicated by the College, may request accommodations to support safety, well-being, and access to education. The Title IX Coordinator will work with the student, in light of available information at the time of the request, to identify reasonable accommodation. Accommodations may include, but are not limited to housing reassignment, adjustments to academic or campus work schedules, providing access to tutoring or academic support, or allowing a student to withdraw from or retake a course without penalty.
Informal resolution options are not an available in cases involving allegations of sexual violence (e.g. rape, sexual assault, sexual coercion), even on a voluntary basis.
INDEPENDENT INFORMAL RESOLUTION
In cases involving some forms of alleged gender–based misconduct, an individual may choose to deal with the alleged offender directly through a face to face discussion, a personal telephone conversation, e-mail correspondence, or other written correspondence. In some cases, this approach may resolve the situation; in others, it may be ineffective or place the individual in an uncomfortable, insecure, or compromised position. Under no circumstances should an individual feel pressured to address the alleged offender directly or otherwise handle the matter alone, and a decision not to confront an individual she/ he believes to be discriminatory or harassing will not be viewed negatively. If efforts to address a matter directly prove unsuccessful or impractical, an individual may choose to meet with the Title IX Coordinator to pursue other methods of resolution as described in these procedures.
FACILITATED INFORMAL RESOLUTION
In cases involving some forms of alleged gender-based misconduct, the Title IX Coordinator (or designee, in collaboration with the Title IX Coordinator) will determine whether there is an appropriate facilitated informal resolution mechanism that may be considered based on information provided about the incident. This may include shuttle diplomacy, facilitated conversation, and/or training and education for individuals or groups.
If it is determined that a facilitated informal resolution may be appropriate, the Title IX Coordinator will speak with the Complainant about this option. If the Complainant agrees, the Title IX Coordinator (or designee) will speak with the Respondent. Facilitated informal resolution will be pursued only with the consent of both parties; either party may terminate the facilitated informal resolution process at any time and the Complainant may choose to pursue or resume the formal resolution process instead. If the facilitated informal process results in a resolution, both parties will receive outcome notification that the process has concluded and the case will be closed. If the parties are unable to reach a resolution in a timely manner, or if either party requests to terminate the facilitated informal resolution process, the investigation and disciplinary process will proceed. It is anticipated that facilitated informal resolution efforts will occur promptly and generally will be completed within forty-five (45) days, unless both parties agree to an extension of time and such extension is approved by the Title IX coordinator.
Promptly following the receipt of a report, information will be reviewed by the Title IX Coordinator to determine if there may be reason to believe that a policy may have been violated. An initial inquiry will be undertaken by the Title IX Coordinator, if necessary, to determine whether a formal investigation must commence. If further information is necessary, it may involve prompt discussions with the Complainant and others, as appropriate. The Complainant may be accompanied by an advisor of choice to all meetings. An advisor may attend, but not participate in, all meetings and interviews. The Complainant may be offered reasonable accommodations and will be offered resources, as appropriate, regardless of whether or not there is reason to proceed with an investigation. If the findings of the initial inquiry indicate there is not sufficient reason to believe a violation may have occurred, the Complainant will receive prompt notice of this outcome and rationale, and will be afforded the opportunity to appeal the decision not to commence a formal investigation. Inquiry is a prompt process that should not take longer than five to ten (5-10) days. If a formal investigation is to commence, the Respondent will be notified that a report has been filed. In cases of investigation of an employee as Respondent, the employee’s supervisor may be notified of the investigation at the same time the Respondent receives notification.
Vendors or other agencies in contract with the College will be promptly notified if any of their employees are alleged to have violated policy, and such employees may be banned from any or all college properties and may also be subject to action deemed appropriate by their respective employer. Restrictions regarding access to College property or events may also be imposed.
The Respondent and Complainant, with their respective advisor of choice, will be given the opportunity to meet separately with the Title IX Coordinator (or designee) to review the Policy and procedure, as well as related rights (see complete list of rights at the end of these procedures).
Reports of alleged gender-based misconduct will be equitably investigated in a fair, impartial, thorough and prompt fashion, providing a meaningful opportunity for participants to be heard. Investigation will be conducted by individuals without a conflict of interest or bias for or against either party. Every effort is made to resolve complaints within sixty days. The formal investigation process may vary depending upon the nature and complexity of the case and the time of year (and thus availability of parties). Typically the investigation process may take 30-40 days (inclusive of initial inquiry, if applicable).
A trained Title IX Investigator (who may be a College employee or external investigator), will interview the Complainant, Respondent, and available witnesses, as appropriate. The Complainant and Respondent may each have an advisor of choice present at all meetings and interviews. The Investigator will also gather any pertinent evidentiary materials (this may include, but is not limited to, emails, written documents, or photographs).
During the investigation process, both the Complainant and the Respondent will have an equal opportunity to provide the investigator with relevant evidence and/or specific witness information. It is possible that more than one meeting may be necessary for Complainant and Respondent to have opportunity to respond to information obtained.
The Investigator will prepare an investigative report that will include a summary of relevant information of each interview, provide a summary of factual information, and include any relevant documentation collected. It should be noted, some information disclosed during investigation may not be relevant or appropriate to include in the investigative report. Specifically, the parties’ sexual history with anyone other than each other (to the extent relevant to the complaint) or disclosure of medical or mental health conditions, diagnoses, and/or treatment generally will not be included.
The Complainant and Respondent will each have opportunity to review the investigative report, in the presence of a College official, and deliver a response to the investigative report. An impact statement may be provided, in writing, to be provided for review by the Adjudicator. The investigative report is then delivered to the Adjudicator for review and adjudication.
In some instances, during or at the conclusion of the investigation, the parties may voluntarily agree to end the formal process and utilize one of the informal resolution processes described above. Where informal resolution is appropriate for the circumstances (and such circumstances do not involve allegations of sexual violence), the Title IX Coordinator will make a decision about whether the matter may be resolved through an informal process.
At any point the College may institute community-based efforts such as educational initiatives and/or trainings, as appropriate for prevention.
The College, at the discretion of the General Counsel, may conduct an investigation independent of, or in addition to, the procedures provided herein at any time.The investigation may involve complaints or allegations concerning gender-based misconduct against the College, or any of their employees or students.
Upon review of the investigative report, the Respondent will be given the opportunity to respond to the alleged violation of policy in the following ways: 1) No response; 2) Not Responsible; or 3) Responsible.
If the Respondent accepts responsibility, the appropriate “Adjudicator” will be notified, and both parties will receive notification and that the matter has been forwarded for sanctioning. See Determination of Sanctions below.
If the Respondent declines responsibility, or chooses not to respond, the Complainant will be notified and the case will be forwarded to the appropriate Adjudicator for review and adjudication.
REVIEW OF INVESTIGATIVE FINDINGS
The trained Adjudicator is charged with fairly, promptly and impartially determining, based on a preponderance of the evidence, whether it is more likely than not that policy has been violated upon a review of the investigative materials. Adjudication will be conducted by officials of the College without a conflict of interest or bias for or against either party. A party with concern about a conflict of interest or bias should contact the Title IX Coordinator.
The trained Adjudicator will review the investigative report and materials within five (5) days of delivery. If the Adjudicator requires clarification on any of the materials, the Investigator and/or Title IX Coordinator will assist the Adjudicator in obtaining such clarification. Though it is typically not necessary, the Adjudicator may consult, as needed, with the Title IX Coordinator to request further information from the Respondent, Complainant and/or any of the witnesses to clarify information in the investigative materials. If such follow up is necessary, the Complainant and the Respondent, will again each have the opportunity to review and respond to the updated investigative report.
The trained Adjudicator will decide, upon a complete review of the investigative report and materials and based on a preponderance of the evidence, whether there has been a violation of any gender-based misconduct policies. Preponderance of evidence means that the Adjudicator is convinced based on the information provided that a violation of policy was more likely than not to have occurred.
If the Adjudicator determines that a violation has occurred, the Respondent is “Responsible” and the Adjudicator will then determine the appropriate sanctions. This determination will be made within ten (10) days of receipt of the investigative report. If found “Not Responsible”, both Respondent and Complainant will be notified in writing of the outcome, rationale for the not responsible finding, and any related action (including communication of continued measure such as a no contact directive), as well as instructions about the right to appeal the outcome and/or sanction(s) to the Appeals Panel.
DETERMINATION OF SANCTIONS
If the Respondent has accepted responsibility or the Adjudicator has made a finding of responsibility, based on review of the investigative report and related materials, the Adjudicator (or designee) will determine the appropriate sanctions.
Consideration may be given to the nature of and the circumstances surrounding the violation, prior disciplinary violations, precedent cases, College safety concerns and any other information deemed relevant by the Adjudicator. Past findings of domestic violence, dating violence, stalking or sexual assault may be admissible for consideration during sanctioning. The Adjudicator will render a written decision detailing the factual findings supporting the determination and the rationale for the sanction(s) imposed, if applicable.
The sanctioning determination is to be made by the Adjudicator within five (5) days of receiving the investigative report with indication of the Respondent accepted responsibility or Adjudicator determination of responsibility. Both respondent and complainant will be notified in writing of the outcome, rationale for finding and sanctions, and/or remedies, as well as instructions about the right to appeal the outcome and/or sanction(s) to the Appeals Panel.
Faculty, staff or administrators who are found in violation of any sex or gender-based misconduct policy are subject to disciplinary action, up to and including discharge. Students are subject to disciplinary action, up to and including suspension or expulsion. In any case, educational programming or alcohol/substance assessment may be required. Sanctions may include reassignment of work duties or location; reassignment of class meetings; reassignment of or removal from living accommodations; restrictions on contact with Complainant; access restrictions to College property and/or events, disciplinary probation, suspension or expulsion. More than one sanction may be imposed. As described in the Code of Conduct, a student found responsible for a certain gender-based misconduct policy violations who is suspended or expelled or who withdraws before conclusion of an investigation of sexual assault, dating violence, domestic violence or stalking (as well as certain other policy violations) will have such noted on her transcript.
Guests and other persons who are alleged to have engaged in sex or gender-based misconduct are subject to corrective action, which may include removal from campus, ban from campus, and/or termination of contractual arrangements. Vendors or other agencies in contract with the College will be promptly notified if any of their employees are alleged to have violated policy, and such employees may be banned from any or all college properties and may also be subject to action deemed appropriate by their respective employer. Restrictions regarding access to College property or events may also be imposed.
Regardless of how a matter proceeds in this process, remedies may be made by the College, such as reviewing protocol, providing or enhancing training to staff and/or students. Protective measures may also be taken, such as issuing no-contact directives or access restrictions or implementing reasonable accommodations. Accommodation requests are reviewed on a case by case basis, and may include, but are not limited to, measures such as moving a student’s housing assignment, adjusting a campus work schedule, assisting with academic support, seeking extensions for assignment, or allowing a student to withdraw and/or retake a course without penalty.
The role of the Adjudicator (or designee) is determined by the role of the Respondent.
Adjudicator (or designee)
Natalie Friedman, Dean of Studies; designee: Alina Wong, Associate Dean of Student Life
Patricia Denison, Associate Provost; designee: Lisa Hollibaugh, Dean of International and Global Strategy
Catherine Geddis, Vice President for Human Resources; designee Harry Alvia, Robin Beltzer, Alexcia Gayle or Benjamin Riendeau
The Respondent and Complainant may request an appeal of the decision and sanctions rendered by the Adjudicator on one of the following three grounds:
- The party believes a procedural error occurred, which the party feels may change or affect the outcome of the decision;
- The party has substantive new evidence that was not available to the investigator at the time of the hearing and that may change the outcome of the decision;
- The party feels that the severity of the sanction is substantially disproportionate given the details of the case.
Disagreement with the finding or sanctions is not, by itself, grounds for appeals.
The request for an appeal, including the grounds upon which the request is based, should be submitted in writing to the Appeals Panel (as identified in the outcome letter) within five (5) business days following the date on the outcome letter. The other party will be notified if an appeal request is submitted and be provided the opportunity to respond in writing.
However, in situations where the Respondent is a Member of the Faculty who has been sanctioned with either suspension or dismissal, the Respondent has the option to appeal the severity of the sanction to the Committee on Grievance in accordance with the Code of Academic Freedom and Tenure. In such instances, as above, the Complainant will also have the ability to respond to such appeal request.
Appeals will be conducted in an impartial manner by trained College officials without conflict of interest or bias for or against either party. A party with a concern about a conflict of interest or bias should contact the Title IX Coordinator. The Appeals Panel can determine whether a change in the Adjudicator’s decision is warranted. If a change in this decision is necessary, the Appeals Panel will review the appeal and Adjudicator’s rationale and make a final decision. The appeals decision is final.
Appeals will not be reviewed or considered beyond the Appeals Panel. Appeals decisions will be rendered within ten (10) business days after the receipt of the formal request for appeal. Both parties will be notified in writing of appeals outcome.
A panel of three administrators will serve as the Appeals Panel. Typically, the Appeals Panel will be comprised of the Appeals Officer of the Respondent’s area and two additional Appeals Officers (described below).
If the Respondent is a student: Avis Hinkson, Dean of the College, designee: Jennifer Fondiller;
If the Respondent is a faculty member: Linda Bell, Provost, designee: Leslie Cawley; and
If the Respondent is a staff member: Robert Goldberg, Chief Operating Officer, designee Eileen Di Benedetto.
Both the Complainant and Respondent will be concurrently notified of results, in writing, at the following times:
- Commencement of the Investigation Process
- The parties will receive notice of the date, time, location and description of the alleged violation and possible sanctions related to such allegation.
- Commencement and Conclusion of Facilitated Informal Resolution (if applicable)
- Notice of the approval of request for independent or facilitated resolution (or termination) of such informal resolution.
- Conclusion of the Investigation
- After the conclusion of the Investigation, each party, accompanied by his or her advisor of choice, will be notified and provided the opportunity to review the investigative materials, in the presence of a College official.
- Administrative Resolution
- Notice that the Respondent accepts responsibility for being “in violation” (if applicable).
- Notice of the sanctions determined by the Adjudicator (or designee) after the Respondent accepts responsibility.
- Adjudication and/or Sanctioning Outcome
- Notice of the Adjudicator’s finding of “responsible” or “not responsible”.
- Notice of the sanctions determined by the Adjudicator (or designee) upon a finding that the Respondent is “responsible.”
- Notice to both parties of the right to appeal the sanctioning by the Adjudicator (or designee).
- Appeals Process
- Notice that an appeal has been filed by either party at any point in the outcome phase.
- Conclusion of Appeals Period
- Notice of the Appeals Panel determination or final resolution of the appeals process, if applicable.
The goal of the College is to provide a prompt resolution, upon receipt of a report, seeking to resolve matters within sixty days whenever possible. Best efforts will be made by the College to adhere to the time frames provided in this procedure. If time frames cannot be met, the appropriate officer (typically the Title IX Coordinator or designee) will notify the Complainant and Respondent in writing of the reason for the delay and will provide an estimated timeline by which that step of the process will be completed.
Generally, the time line will be as follows:
- Inquiry completed within 5-10 days after the initial report
- Investigation completed within 30-40 days after the initial report (inclusive of inquiry)
- Adjudicator review the investigative report and materials with 5 days of delivery
- Determination of the Adjudicator issued within 10 days after receipt of investigative report
- Notice of sanctions issued within 5 days after the determination of Adjudicator
- Appeals due from either party within 5 business days following the date on the outcome letter
- Appeals decisions rendered within 10 business days after receipt of the formal request of appeal
Each of these steps as explained in greater detail within these procedures.
The College’s primary concern is with the health, safety, and well-being of the members of the Barnard College community. If you or someone you know may have experienced any form of gender-based misconduct, we urge you to seek immediate assistance. Student assistance can be obtained 24 hours a day, 7 days a week from:
STUDENT ON-CAMPUS CONFIDENTIAL RESOURCES
Columbia University Rape Crisis/Anti-Violence Support Center, (212) 854-HELP
Barnard Furman Counseling Services, (212) 844-2092 and Primary Care Health Services, (212) 854-2091
After Hours Clinician-on-Call, (855) 622-1903
The Office of the University Chaplain is also a confidential serfice - (212) 854-1493 710 Alfred Lerner Hall
Staff can access the Employee Assistance Program (Humana can be reached at 800-448-4358 or at www.hriworld.com)
ALL COMMUNITY MEMBERS
All members of the community can seek assistance through the following contacts:
- Public Safety
- Barnard, (212) 854-3362
- Columbia, (212) 854-2796
- Title IX Coordinator, (212) 854-0037
- St. Luke’s Hospital Crime Victims Treatment Center, (212) 523-4728,http://www.cvtc-slr.org (Confidential Off Campus Resource)
- Safe Horizon, (212) 523-4728 (Confidential Off Campus Resource)
- New York Police Department, 911 (Manhattan Special Victims (212) 335-9373)
- NYC Family Justice Center, (212) 602-2800http://www.nyc.gov/ocdv/html/help/fjc.shtml
- Manhattan District Attorney’s Office, Sex Crimes Division (212) 335-9373 http://manhattanda.org/sexual-assault-and-criminal-justice-system
- Confidential Hotlines
- New York City Alliance Against Sexual Assault, M-F 9a-6p (212) 514-7233
- Safe Horizon Sexual Assault Hotline, 24 hours, (866) 689 - HELP (4357)
- Rape Abuse & Incest National Network (RAINN), 24 hours (800) 656 - HOPE (4673) A note about protective orders: In Manhattan, the Family Justice Center or the District Attorney’s office assist with the civil process of seeking an Order of Protection. NYPD and/or the DA’s office may seek an Order of Protection related to criminal cases. Advocates, Public Safety or the Title IX Coordinator can provide assistance in accessing these resources. The College will assist in appropriate planning, as it may relate to access to campus or related protections, for any individual who obtains an Order of Protection, and shares it with Public Safety.
Additional information about gender-based and sexual misconduct can be found on the Barnard website at www.barnard.edu/doc/titleix
RELEVANT GOVERNMENT RESOURCES
The below government agency may provide additional resources for anyone wishing to file a complaint of gender-based misconduct:
U.S. Department of Justice, Office on Violence Against Women,http://www.ovw.usdoj.gov/
U.S. Department of Education, Office for Civil Rights, New York—Region II via email OCR.NewYork@ed.gov or online athttp://www.ed.gov/ocr
The following rights are available to both parties in this process:
- To be treated with respect, dignity, and sensitivity throughout the process.
- To seek support services at the College or referrals for support services off campus.
- To privacy and protection under the Family Education Rights and Privacy Act (FERPA), as applicable. The College will make all reasonable efforts to ensure preservation of privacy, restricting information to those with a legitimate need to know.
- To be informed of the College’s Policies and Procedures related to Gender-Based Misconduct.
- To a prompt and thorough investigation of the allegations, investigated and adjudicated in an impartial, timely and thorough manner by trained individuals.
- To receive similar and timely access to information, and periodic updates on the progress of the process.
- To review all applicable documents prior to the review by the Adjudicator.
- To challenge the individuals responsible for administering these procedures, if a conflict of interest is present.
- To participate or decline to participate in the disciplinary procedure. However, the Adjudicator will determine an outcome with the information available to him/her.
- To discuss alternatives to procedures, where alternatives may be reasonable and acceptable to involved parties.
- To refrain from making self-incriminating statements. However, the Adjudicator will determine a resolution with the information available to him/her.
- To be afforded an appeal process regarding outcome and/or sanctioning (as applicable).
- To be notified, in writing, of the case resolution – including the outcome of any appeal.
- To report the incident to law enforcement if she/he wishes to do so, and receive assistance with this if requested.
- To understand that information collected in this process may be subpoenaed in criminal or civil proceedings.
These rights apply regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.
New York State Students’ Bill of Rights
All students reporting dating violence, domestic violence, sexual assault and/or stalking have the right to:
- Make a report to local law enforcement and/or state police;
- Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the conduct process and/or criminal justice process free from pressure by the College;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few College representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by the College, any student, the respondent and/or their friends, family and acquaintances within the jurisdiction of the College;
- Access to at least one level of appeal of a determination;
- Be accompanied by an advisor of choice who may assist and advise a reporting individual or respondent throughout the conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of the College.
Federal Reporting of Crime Statistics
In compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) the College must record and report certain information about campus safety, including the number of incidents of certain crimes on or near campus, some of which constitute gender-based misconduct investigated under these procedures. The Title IX Coordinator works in collaboration with Public Safety to insure such incidents are captured for statistical reporting purposes while protecting the identity of the victim of such crimes. These notifications may include the classification and location of the reported crime but do not identify the students involved. The Clery Act also requires the College to issue a “timely warning” when it receives a report of certain crimes that pose a serious or continuing threat to the community. The College may disclose aggregate information regarding incidents investigated and related outcomes. Such reports will not contain identifying information.
Procedures revised and in effect August 2015
1 A Complainant is the individual who files a report or the person who a report is filed on behalf of by another party. In some instances, the College may be the Complainant.
2 A Respondent is the person against whom a report has been filed.
3 The Complainant and/or Respondent may sometimes be referred to as party or parties. Others, such as advisors and witnesses are not considered parties.
4 An “Adjudicator” is the College Official designated, and trained, for fair and impartial decision making based upon the position of the Respondent.
5 The Appeals Panel receives appropriate training in handling misconduct cases in a fair and impartial manner, as do Adjudicators.
6 In a situation when the Respondent is a Barnard student and the Complainant is a Columbia University student, the Appeals Panel shall consist of the Dean of the College, the Dean of the Complainant’s school and a third Appeals Officer.