Sexual Misconduct | Title IX Policy

• Non-Discrimination Policy
• Title IX Coordinator
• Amnesty Policy
• Definitions
  • Affirmative Consent
  • Bystander
  • Bystander Intervention
  • Campus Crime Statistics
  • Confidentiality
  • Consent
  • Dating Violence
  • Domestic Violence
  • Hate Crime
  • Privacy
  • Sexual Assault
  • Sexual Assault with an Object
  • Sexual Exploitation
  • Sexual Harassment
  • Stalking
• Resources for Reporting Individuals
• Reporting Procedures
• Protections, Interim Measures & Accommodations
• Grievance and Judicial Procedures
• Title IX Committee Members
• Campus Safety Report
• Campus Climate Survey Results

SEXUAL MISCONDUCT/TITLE IX POLICY

For God gave us a spirit not of fear but of power and love and self-control.
2 Timothy 1:7 ESV

Sexual misconduct of any form is a violation of a person's rights, dignity and integrity. An act of sexual misconduct represents a fundamental failure by a community member to recognize and respect the intrinsic worth and dignity of another. Acts of sexual misconduct are harmful, illegal and prohibited at Concordia College. Such acts corrupt the integrity of the educational process, are contrary to the mission and values of the Concordia College community and are against College policy.

All members of the Concordia College community should be free from sexual misconduct in the classroom; the social, recreational and residential environment; and the workplace. The College seeks to foster a climate free from sexual misconduct through a coordinated education and prevention program, the promulgation of clear and effective policies, as well as investigative and grievance procedures that are prompt, equitable, and accessible to all. In response to any reported sexual misconduct, the College will take all appropriate steps to address the misconduct, prevent its recurrence and mitigate its effects.

Concordia College seeks to foster healthy, mutually respectful relationships and provide for the safety and security of our community, the College expects all community members to take action to prevent acts of sexual misconduct. Creating a safe campus environment is the responsibility of all members of the College community, both individually and collectively.

In order to encourage reporting of sexual misconduct, the College will actively educate the community, respond to all allegations promptly, provide interim measures to address safety and emotional well-being, and act in a manner that recognizes the inherent dignity of the individuals involved.

In order to achieve equitable results, the College will carefully review and/or investigate all reports with an earnest intent to understand the perspective and experiences of each individual involved, and provide for fair and impartial evaluation and resolution.

Non-Discrimination Policy

Concordia College does not discriminate and prohibits illegal discrimination, including harassment, against any individual on the basis of race, color, sex, disability, age, gender, religion, national or ethnic origin, military status, marital status, or any other characteristic or classification protected by federal, state or local law in the administration of any of the College’s educational programs or activities, admissions policies, athletic or other school administered programs, scholarship or loan programs.

Concordia College also does not discriminate based on race, color, sex, disability, age, gender, national or ethnic origin, military status, marital status, domestic violence victim status, predisposing genetic characteristics, alienage or citizenship status, or any other characteristic or classification protected by federal, state or local law, in any of its employment practices. Concordia College, however, is a Christian educational institution affiliated with The Lutheran Church-Missouri Synod and in compliance with Title VII of the Civil Rights Act of 1964, reserves the right to give preference in employment based on religion.

Pursuant to, and consistent with its obligations under, Title IX of the Educational Amendments Act of 1972, Concordia College does not discriminate on the basis of sex, and prohibits sexual harassment, sexual misconduct and sexual violence, in connection with any of its educational programs, activities or employment practices.

Title IX Coordinator

Concordia College has designated a Title IX Coordinator, who is primarily responsible for overseeing the College’s compliance with Title IX and other federal, state and local laws relating to sex/gender-based discrimination, harassment, and misconduct. Questions about the Sexual Misconduct/Title IX Policy should be directed to Concordia College’s Title IX Coordinator:

Ms. Kimberly Gargiulo
Director of Institutional Effectiveness and Research/Assistant Professor of Psychology and Title IX Coordinator
Scheele Memorial Library and Krenz Academic Center, 2nd floor
171 White Plains Road
Bronxville, New York 10708>
(914) 337-9300, ext. 2281
kimberly.gargiulo@concordia-ny.edu

Questions or inquiries regarding the application of Title IX may also be directed to:

The Assistant Secretary
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, D.C. 20202-1100

Amnesty Policy

The health and safety of every student at Concordia College is of utmost importance. Concordia 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. Concordia 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 Concordia’s officials or law enforcement will not be subject to Concordia’s Student 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.

Definitions

• Affirmative Consent is 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. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
• Bystander is a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of the College.
• Bystander Intervention means safe and positive options that may be carried out by a person or persons to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.
• Confidentiality means information shared by an individual with designated campus or community professionals cannot be revealed to any other entity without the express permission of the individual, unless required by law. These campus and community professionals include licensed mental health counselors, medical providers and pastoral counselors. Students seeking confidential assistance may do so by speaking with the Director of Health Services, the Director of Counseling and/or the Campus Chaplain. These individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to self or others, or if a report involves suspected abuse of a minor under the age of eighteen (18). Confidential entities, like many other professions, including employees in higher education, are required by state law to notify Child Protective Services or local law enforcement in cases of suspected child abuse.
• Consent is defined as Affirmative Consent, included above and the principles of consent are explained below:

a. Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.
b. A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. It is not an excuse that the individual respondent of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other.
c. Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint, and/or from the taking of incapacitating drugs.
d. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent.
e. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.
f. Consent, cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
g. A minor below the age of consent according to state law cannot consent to sexual activity. This means that sexual contact by an adult with a person below the age of consent is a crime as well as a violation of this policy, even if the minor appeared to have wanted to engage in the act.

• Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

1. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

2. For the purposes of this definition
(i) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
(ii) Dating violence does not include acts covered under the definition of “domestic violence”.

• Domestic Violence is a felony or misdemeanor crime of violence committed

(i) by a current or former spouse or intimate partner of the victim;
(ii) by a person with whom the victim shares a child in common;
(iii) by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
(iv) by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
(v) by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

• Hate Crime is a crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For the purposes of this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.
• Privacy generally means the information related to a report of alleged sexual misconduct brought to the College’s attention will only be shared with a limited number of trained college professionals who “need to know” in order to provide support for the individual and to ensure safety for individuals and the community as well as legal compliance. The circle of people with knowledge of the situation will be limited as much as possible to preserve privacy and ensure safety. College employees serve as required reporters who are responsible to maintain the privacy of students’ information. Required reporters include all employees of the College (Faculty, full-time and part-time Staff, and Adjuncts) and volunteers working under the auspices (authority) of the College. Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with applicable laws, including informing appropriate College officials.
• Sexual Assault is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes, but is not limited to, the offenses defined below.

1. Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
2. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the person, including instances where the person is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
3. Incest is nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape is nonforcible sexual intercourse with a person who is under the statutory age of consent.

• Sexual Assault with an Object is the use of an

a. object or instrument to unlawfully penetrate, however slightly,
b. the genital or anal opening of the body of another person,
c. forcibly and/or against that person’s will; or
d. not forcibly or against the person’s will where the person is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Note: Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.

• Sexual Exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of Sexual Assault or Sexual Harassment. Examples of sexual exploitation include, but are not limited to:

1. Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed).
2. Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent).
3. Prostitution.
4. Sexual Exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent.

• Sexual Harassment is defined as

i) unwelcome, sexual or gender-based verbal, written or physical conduct
ii) that is, sufficiently severe, persistent or pervasive that it,
iii) has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the college’s educational, social and/or residential program, and is based on real or reasonably perceived power differentials (quid pro quo), the creation of a hostile environment or retaliation.

• Stalking is defined as

1. engaging in a course of conduct directed at a specific person that would cause a reasonable person to

(i) fear for the person's safety or the safety of others; or
(ii) suffer substantial emotional distress.

2. For the purposes of this definition

(i) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.

Campus Crime Statistics
The Public Safety & Security Office will provide, upon request, all campus crime statistics as reported to the United States Department of Education. This information can also be found on the College website and online at http://ope.ed.gov/Security/GetOneInstitutionData.aspx.

Resources for Reporting Individuals

Any member of the College community who believes they are a victim of discrimination or harassment has the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.

More details about the reporting and grievance process are provided below.

a. All reporting individuals (victims, survivors) have the right to:

• notify university police or campus security, local law enforcement, and/or state police;
• be assisted by campus authorities in notifying law enforcement if victim chooses;
• decline to notify such authorities

b. All reporting individuals have a right to emergency access to a Title IX Coordinator or other appropriate official, listed below.

c. Right to report confidentially to institution representatives, which include with the Director of Health Services, the Director of Counseling and/or the Campus Chaplain. For more information about what it means to report confidentially, see the confidentiality definition above.

On campus confidential resources:
Counseling Center: extension 2144
Health Services: extension 2243
Campus Pastor, Reverend Dr. Victor Belton: extension 7000

NOTE: Concordia College- NY employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a nonconfidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

To obtain services from the state and local hotlines. Additional disclosure and assistance options are catalogued by the Office for the Prevention of Domestic Violence and presented in several languages: http://www.opdv.ny.gov/help/index.html

Off-campus resources:
NY State Domestic and Sexual Violence Hotline: 1-800-942-6906
NY State Office of Victim Services 1-800-247-8035
NY State Police Hotline: 1-844-845-7269
The Westchester Hispanic Coalition: 1-844-926-6627

d. To disclose the incident to college officials who can offer privacy, which include all employees of the College. The definition of privacy can be found in the Definitions section above.

e. File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX Coordinator and other appropriate institution representatives for information and assistance.

Mandatory Reporters: Employee Roles and Responsibilities

All college employees are mandatory reporters, except for the Campus Pastor, Mental Health Counselors in the Wellness Center and Medical Providers in the Health Center.

• If an emergency occurs, contact Security.
• As soon as a person starts to reveal their complaint, inform them that you are not a confidential resource and anything shared will be investigated as a Title IX complaint with the upmost respect to privacy.  
• Any possible Title IX complaints should be directed to the Title IX Coordinator or any Deputy Title IX Coordinator or Title IX Committee member (Kimberly Gargiulo, Stephen Bonura, Susan Crane, Erik Graybosch, Kathy Laoutaris, Mandana Nakhai, Monique Nunes, Bill Salva, Michelle Timol, Gary Vega, Theresa Vidal) by providing our contact information.
• Complaints can also be logged in (anonymously or not) through our on-line Incident Reporting Form, which can be found on our main Intranet web page: https://intranet.concordia-ny.edu/ and internet website:  https://cm.maxient.com/reportingform.php?ConcordiaCollegeNY

Reporting Procedures

Any student, faculty or staff member (the “complainant”) of Concordia College who believes that he or she has been a victim of discrimination or harassment is strongly encouraged to bring a complaint to the appropriate Title IX Coordinator listed below. The Student Code of Conduct provides guidance regarding the appropriate steps to be taken in filing, addressing and resolving complaints related to illegal sexual discrimination, harassment or misconduct, as well as retaliation and malicious reporting related to any of these violations. Every complaint of sexual discrimination, harassment or misconduct or retaliation will be thoroughly and promptly investigated. The investigation of any complaint of sexual discrimination, harassment or misconduct or retaliation will be kept confidential to the fullest extent possible under the circumstances, with due regard to the rights and wishes of the parties involved and consistent with Concordia’s legal obligations. In order to conduct a thorough and effective investigation, however, limited disclosure may be required, so complete confidentiality cannot be guaranteed in all instances.

Important Information with regards to Reporting Procedures as per noted sub-divisions in section 6444 of NY State Enough is Enough legislation: 

• The College’s investigation timeline differs and does not depend upon a criminal investigation’s process; these are two different processes. (C-4)
• Prior sexual history and mental health are precluded from investigations. (C-6)
• The designated hearing or investigatory officer or panel shall provide a written statement detailing the factual findings supporting the determination and the rationale for the sanction imposed. (C-7)
• Accused and reporter have a right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.(C-8)

Complaints or reports relating to discrimination, general or discriminatory harassment or retaliation, should be reported to the appropriate Deputy Title IX Coordinator as follows:

For reports or complaints against a student (non-athletic student), the Deputy Title IX Coordinator is:

Mrs. Monique Nunes, or a designee
Senior Director Student Experience
Sieker Hall, First Floor
914-337-9300 x 2217
Monique.Nunes@concordia-ny.edu

For reports or complaints against an athletic student, the Deputy Title IX Coordinator is:

Ms. Kathy Laoutaris, or a designee
Associate Director of Athletics
Meyer Athletic Center
914-337-9300 x 2442
Kathy.Laoutaris@concordia-ny.edu

For reports or complaints against a member of the faculty, the Deputy Title IX Coordinator is:

Dr. Mandana Nakhai, or a designee
Vice Provost of Undergraduate Academic Affairs
Feth Hall, First Floor
914-337-9300 x 2236
Mandana.Nakhai@concordia-ny.edu

For reports or complaints against others, the Deputy Title IX Coordinator is:

Mr. Erik Graybosch, or a designee
Assistant Director of Admission Operations
Talbot House
914-337-9300 x 2142
Erik.Graybosch@concordia-ny.edu

If the complaint involves the President, the Director of Human Resources and Title IX Coordinator shall take steps to inform the Chair of the Board of Regents. If the complaint is against the relevant Deputy Title IX Coordinator, the complainant may seek assistance from one of the other Deputy Title IX Coordinators, or from the College’s Title IX Coordinator:

Ms. Kimberly Gargiulo
Director of Institutional Effectiveness and Research and Title IX Coordinator
Scheele Memorial Library and Krenz Academic Center, 2nd floor
171 White Plains Road
Bronxville, New York 10708
(914) 337-9300, ext. 2281
kimberly.gargiulo@concordia-ny.edu

Protections, Interim Measures & Accommodations

After notification of a report or complaint of alleged discrimination, harassment or assault, a Deputy Title IX Coordinator or the Title IX Coordinator may take any interim steps, such as reassignment or suspension, to protect the safety and well-being of the individuals involved in the complaint during the pendency of the investigation and resolution. Further, students who report a possible case relating to Title IX and/or sexual misconduct will be afforded interim measures and accommodations to ensure safety, prevent retaliation and avoid any hostile situations including but not limited to changes in academic and extra-curricular schedule, housing and employment.

A “no contact order” will be issued by the College when the accused or respondent is a student. The order will be issued consistent with College policies and procedures. Continued deliberate contact with the reporting individual is considered a violation of institutional policy and may be grounds for additional conduct charges.

Grievance and Judicial Procedures

f. Please refer to Student’s Bill of Rights and the Student Handbook for complete and detailed information about the College’s grievance and judicial procedures, sanctions and appeals.

Privacy in Legal Challenges law states that in any proceeding brought against an institution which seeks to vacate or modify a finding that a student was responsible for violating an institution’s rules regarding a violation covered by this article, the name and identifying biographical information of any student shall be presumptively confidential and shall not be included in the pleadings and other papers from such proceeding absent a waiver or cause shown as determined by the court. Such witnesses shall be identified only as numbered witnesses. If such a name or identifying biographical information appears in a pleading or paper filed in such a proceeding, the court, absent such a waiver or cause shown, shall direct the clerk of the court to redact such name and identifying biographical information and so advise the parties.

g. You may withdraw your complaint or involvement from the Concordia College-NY process at any time.

i. On-campus assistance and resources for reporters (Please see campus resources listed above).

j. Add protections and accommodations (See Student’s Bill of Rights on page 57).

Transcript Notations
Concordia College-NY shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.”

Campus Climate Assessments

In spring of 2017, Concordia College- NY will conducted a climate survey that measures student experience with and knowledge of Title IX-related matters. The Campus Climate survey has been approved by the College’s IRB.

The survey addressed the following knowledge about:

• The Title IX Coordinator’s role;
• Campus sexual assault policies and procedures;
• Reporting procedures of sexual violence as a victim/survivor or witness;
• Resources on and off campus;
• Bystander attitudes and behavior; and
• A general understanding of important terms such as consent, amnesty, confidentiality and privacy

The College takes every reasonable and expected measure to ensure that answers remain anonymous and that no individual is identified. Aggregate results are published on the campus Sexual Misconduct/Title IX website.

Student Onboarding and Ongoing Education
Concordia College-NY will offer education to the college community about domestic violence, dating violence, stalking, and sexual assault to remain in compliance with applicable federal laws. All students, faculty, staff and parents will be offered training on an on-going basis. In addition, the students listed below are required to be trained:

• New students
• Student leaders
• Student athletes

Training protocols will be assessed regularly to ensure their effectiveness.

State Reporting Requirements
By July 1, 2016 and each year thereafter, higher education institutions must file a certificate of compliance with the New York State Education Department.

In addition, by July 1, 2016 and once every ten years thereafter, except for one mandatory reporting due in 2024, higher education institutions must file a copy of all written rules and policies they have adopted to satisfy compliance with Article 129-B.

The NYS Education Department will create a reporting mechanism for campuses to annually submit information about the number of Title IX related incidents reported and the outcomes of said reports.

Title IX Committee Members

• Stephen Bonura
• Susan Crane
• Kimberly Gargiulo (Title IX Coordinator)
• Erik Graybosch
• Kathy Laoutaris
• Mandana Nakhai
• Monique Nunes
• Bill Salva
• Michelle Timol
• Theresa Vidal