Westchester Community College, State University of New York

Westchester Community College values and respects the self-worth of all individuals in our community and affirms their right to have a safe, nonthreatening, and respectful environment. The College has no tolerance for sexual misconduct and sexual violence of any kind, which includes sexual harassment, stalking, intimate partner violence, and sexual assault.

Community members who have been or know someone who has been the victim of sexual violence, assault, harassment, stalking, domestic/dating violence, or any other form of sexual misconduct are encouraged to make a report to the College. Individuals can learn about available options to file a report. Anonymous reports are accepted.

Individuals can ask questions about reporting options or any question related to sexual violence response to the Title IX Coordinator at titleixcoordinator@sunywcc.edu or at 914-606-6313.

New Title IX Regulations

The U.S. Department of Education’s new Title IX regulations governing how educational institutions respond to sexual assault, sexual harassment, and other forms of sexual misconduct took effect August 14, 2020.

It is important to note that the federal regulations do not apply to all sexual misconduct as it limits the definitions of such behavior and the geographic scope. However, Westchester Community College remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule. The college will assess each complaint to determine whether the federal regulations, New York State Education Law 129-B, WCC policy, or any may apply. In short, we will continue to address all complaints regardless of where the alleged conduct occurs. It is also important to note that when the federal regulations do apply, the adjudication process will include a hearing and verbally conducted cross-examination. This is true for both student and employee matters.

Persons who experience unwelcome sexual behavior may respond to the experience in many different ways, including feeling confused, overwhelmed, and vulnerable, out of control, embarrassed, angry, distrustful, or depressed. The College provides a variety of resources for support and advocacy to assist individuals who have experienced sexual violence. The College will also provide reporting individuals with information about how to report the violence, should they chose to do so. Reporting individuals have the right to emergency access to one of the following College representatives:

Title IX Coordinator
914-606-6313
titleixcoordinator@sunywcc.edu

Personal Counseling
914-606-7784
personalcounseling@sunywcc.edu

Security
914-606-6911 (available 24 hours)
security@sunywcc.edu

The above representatives are trained in interviewing victims of sexual assault and will be available upon the first instance of disclosure by a reporting individual to provide written information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic exam or other medical examination as soon as possible. These representatives can also provide information about an administrative investigation by the College and the criminal justice process and will inform the individual about the different standards of proof utilized by each process.

On Campus Resources

Counseling Centers

Off Campus Resources

Off Campus Resources

Health Centers

The State University of New York and Westchester Community College are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College/College-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations, 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, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad.

All students have the right to:

1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the College;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services, where available;
6. 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;
7. Describe the incident to as few College representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the College, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the College;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

For a downloadable PDF version of the Student’s Bill of Rights, please click here.

To have the Student’s Bill of Rights translated to another language, please visit the Sexual Assault & Violence Response (SUNY SAVR) Resources Website found here.

Westchester Community College wants individuals who have experienced sexual violence of any kind, including but not limited to sexual assault, sexual harassment, stalking, or domestic/dating violence to get the information and support that they need regardless of whether they would like to move forward with a report to campus officials or to police. A person may want to talk with someone about something they have observed or experienced, even if they are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to one’s self.

There is no time limit for when an individual can give a report and reports can be withdrawn at any time. The College encourages any community member to make a report of sexual violence/misconduct and learn about the resources and support available to help. Anonymous reports are accepted.

There are a variety of ways an individual can file a report. For each, confidentiality varies, so it is important community understand how confidentiality applies to the different resources that may be available. Individuals can ask questions about reporting options or any question related to sexual violence response to the Title IX Coordinator at titleixcoordinator@sunywcc.edu or at 914-606-6313.

Confidential Reporting

Reporting to the College

Westchester Community College's Sexual Violence Response Policy establishes our commitment to value and respect the self-worth of all individuals in our communit spond to acts of sexual violence, so as to identify resources for individuals reporting sexual violence and for individuals accused of or responding to allegations of sexual violence. This document contains a comprehensive set of policies and procedures that detail critical information regarding:

• options to file reports;
• rights in the process;
• sources of support and assistance for victims, reporting individuals, and respondents;
• requests for protections and accommodations to ensure safety and personal well-being;
• investigation and adjudication options and protocols;
• and more.

The Title IX Coordinator has been charged with managing the College’s response to sexual assault, sexual harassment, dating violence, domestic violence, and stalking. Informed by current federal and state law and guidance, the Title IX Coordinator aims to ensure that the College responds promptly and effectively to reports of sexual violence, prevent its recurrence, and remedy its effects. Individuals can ask questions about reporting options or any question related to sexual violence response to the Title IX Coordinator. Individuals can learn about available options to file a report. Anonymous reports are accepted.

Chief Diversity Officer and Title IX Coordinator

Dr. Rinardo Reddick
titleixcoordinator@sunywcc.edu

Title IX Coordinator’s Responsibilities

• Oversee the College’s response to all forms of sexual violence, to ensure prompt and equitable resolution of all complaints.
• Provide a central place to report an incident and overseeing the reporting process.
• Provide information about College policies and procedures.
• Provide referrals to campus and community resources and victim advocates.
• Facilitate accommodations to address safety concerns and to support victims and complainants so that academic and professional pursuits may continue unimpeded.
• Keep records to ensure patterns of behavior are identified.
• Oversee investigations of misconduct to ensure fairness, impartiality, and equity.
• Coordinate and providing training, education, & prevention programs for the college community.
• Compile and submit any and all reports to maintain compliance with college, local, state, and federal agencies

Westchester Community College Employees

DEI@sunywcc.edu

Policy Statement

Westchester Community College is committed to maintaining the workplace and academic environment are free from sexual harassment. Sexual harassment is a form of discrimination. All employees and students are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of Westchester Community College’s commitment to a discrimination-free work environment Westchester Community College prohibits all kinds of harassment or discrimination based on any of the following protected characteristics: Age, Alienage, Citizenship Status, Color, Creed, Disability, Ethnicity, Familial Status, Marital Status, Military Status, National Origin, Predisposing Genetic Characteristics, Race, Religion, Sex, Sexual Orientation, or any other characteristic protected by law.

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Westchester Community College Employee Information

Sexual Harassment Prevention | Anti-Discrimination

In compliance with NYS law, all college employees are required to participate in sexual harassment prevention training. This training is facilitated online and sent to your WCC email.

Please familiarize yourself with the below College policies and ways to report.

The Sexual Harassment Prevention Policy
Sexual Harassment Complaint Form

The Equal Employment Opportunity Policy
The Anti-Harassment and Discrimination Policy

There are many terms used when discussing incidents and responds to sexual violence/misconduct. To create a shared understanding of terms used at the College, the following definitions have been established:

• Accused individual: A person accused of a violation who has not yet entered a judicial or College administrative conduct or review process.
• Affirmative consent: A knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or 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.
• Reporting Individual: Encompasses the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by the College to reference an individual who brings forth a report of a violation.
• Responding Individual: A person accused of a violation who has entered the College’s administrative review process or administrative student conduct process
• Sexual assault: Any physical sexual act committed without consent.
• Sex discrimination: Includes all forms of sexual misconduct by employees, students, or third parties against employees, students, or third parties. Students, College employees, and third parties are prohibited from harassing other students and/or employees whether or not the incidents of harassment occur on the College campus and whether or not the incidents occur during working hours.
• Sexual Misconduct: means sexual harassment or sexual violence and encompasses a wide range of behavior for sexual purposes that is against another’s will or at the expense of another. Sexual misconduct includes, but is not limited to sexual assault, intimate partner violence, stalking of a sexual nature, or any conduct of a sexual nature that is nonconsensual, or has the effect of threatening or intimidating another.
• Sexual violence: The term sexual violence as used throughout this policy includes sexual harassment, sexual assault, and domestic violence, dating violence, intimate partner violence and stalking.
• Sexual harassment: Unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the College’s educational program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

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Federal and State Laws referred to directly or indirectly throughout this policy

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
This federal law, passed in 1990, the “Clery Act” requires all colleges and universities who receive federal funding to share information about crime on campus and their efforts to improve campus safety through the publishing of an annual security report. Additionally, the act requires institutions to provide survivors of sexual violence with reasonable accommodations and assistance in reporting and it requires institutions to outline specific policies and procedures for the prevention of sexual violence in their annual security reports.

New York State Education Law Article 129-B
Also known as “Enough is Enough”, requires all colleges in the State of New York to adopt a comprehensive set of policies and guidelines, including a uniform definition of affirmative consent, a statewide amnesty policy, and expanded access to law enforcement.

Title IX of the Education Amendments of 1972
Title IX is a comprehensive federal law that protects people from discrimination based on sex in education programs or activities which receive Federal financial assistance. The law prohibits discrimination on the basis of sex in any federally funded education program or activity. Colleges must promptly respond to known instances of gender discrimination, which includes sexual harassment and sexual violence, in a way that limits its effects and prevents its recurrence.

Violence Against Women Act ("VAWA") Reauthorization Act of 2013
This federal law requires colleges and universities to: (1) report dating violence, domestic violence, sexual assault, and stalking, beyond crime categories the Clery Act already mandates; (2) adopt certain student discipline procedures, such as for notifying purported victims of their rights; and (3) adopt certain institutional policies to address and prevent campus sexual violence through the education and training of an institution’s community.

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Prohibited Conduct

The following conduct is prohibited by Westchester Community College’s Student Code of Conduct and is applicable to students:

Sexual Harassment
Unwelcome verbal or physical conduct of a sexual nature that creates an intimidating, hostile or offensive campus, educational or working environment for another person. This includes unwelcome sexual advances or requests for sexual favors, inappropriate sexual or gender-based activities, comments or gestures, or other forms of verbal or physical conduct or communications constituting sexual harassment. Obscene or indecent behavior, which includes, but is not limited to: indecent exposure or the display of sexual behavior that would reasonably be offensive to others; disorderly, lewd, indecent, or obscene conduct or expression.

Stalking
Intentionally engaging in a course of conduct, directed at a specific person, which is likely to causes a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage. Stalking does not require direct contact between parties and can be accomplished in many ways, including through the use of electronic media such as the internet, pagers, cell phones, or other similar devices. Examples include, but are not limited to:

1. Repeatedly committing unwanted acts that alarm, cause fear, or seriously annoy a member of the College community or family member that serve no legitimate purpose.
2. Repeatedly engaging in unwanted communications, including electronic means, with any member of the College community in a manner likely to alarm, cause fear, or seriously annoy that serve no legitimate purpose.
3. Repeatedly following another person without his or her consent.
4. Contacting any member of the College community after being asked or ordered not to contact this person.

Intimate Partner Violence
Intimate partner violence includes dating violence and domestic violence, both are defined below. Intimate partner violence can occur in relationships of the same or different genders. Dating Violence Any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. Domestic Violence Any violent action committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabiting with the victim as a spouse or intimate partner. Includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Rape, Sexual Assault & Sexual Exploitation
Any form of non-consensual sexual activity or sexual assault, including: Sexual Assault I Sexual intercourse or any sexual penetration, however slight, of another person’s oral, anal, or genital opening with any object (an object includes but is not limited to parts of a person’s body) without the active consent of the victim. Sexual Assault II Touching a person’s intimate parts (defined as genitalia, groin, breast, or buttocks), whether directly or through clothing, without the active consent of the victim. Sexual Assault II also includes forcing an unwilling person to touch another’s intimate parts.

Sexual Exploitation
Nonconsensual, abusive sexual behavior that does not otherwise constitute Sexual Assault I, Sexual Assault II or Sexual Harassment. Examples include but are not limited to: intentional, nonconsensual tampering with or removal of condoms or other methods of birth control and STI prevention prior to or during sexual contact in a manner that significantly increases the likelihood of STI contraction and/or pregnancy by the non-consenting party; nonconsensual video or audio taping of sexual activity; allowing others to watch consensual or nonconsensual sexual activity without the consent of a sexual partner; observing others engaged in dressing/undressing or in sexual acts without their knowledge or consent; trafficking people to be sold for sex; and inducing incapacitation with the intent to sexually assault another person.