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Policies and Procedures Concerning Sexual Assault, Stalking and Domestic and Intimate Partner Violence 1

It is the policy of Pace University to provide a safe environment, one that is free from violence, for every member of its community. Accordingly, the University prohibits and does not tolerate acts of violence that occur on University owned or controlled premises or at University-sponsored off-campus programs or events. Violent acts covered by this policy include sexual assault, stalking and domestic and intimate partner violence against any member of the University community.

This policy applies to all students, faculty and staff, as well as to visitors, guests, vendors, contractors and other third parties. Violators of this policy are subject to criminal prosecution as well as discipline by the University, including, but not limited to, termination of employment, expulsion from the University, and/or other appropriate sanctions that may be imposed by the University.

Pace University is committed to the following goals:

  • Providing up-to-date information regarding the laws applicable to sexual assault, stalking and domestic/intimate partner violence and the criminal penalties for commission of those offences;
  • Providing information to help members of the University community identify situations that involve sexual assault, stalking or domestic/intimate partner violence on college campuses;
  • Providing clear and concise guidelines for students and other members of the University community to follow in the event that they or someone they know have (or think they have) been the victim of sexual assault, stalking or domestic/intimate partner violence;
  • Providing an education program, which includes orientations for incoming students and other programs to help students and other members of the University community prevent sexual assault, stalking and domestic/intimate partner violence.
  • Educating and training staff members, including counselors, security officers and Student Affairs and Human Resources staff to assist victims of sexual assault, stalking or domestic/intimate partner violence;
  • Assisting victims of sexual assault, stalking or domestic/intimate partner violence in obtaining necessary medical care and counseling; and
  • Ensuring that disciplinary procedures are followed in the event that the alleged perpetrator is a Pace student or employee.

Definition of Sexual Assault 2

Sexual assault is defined in this policy as any unwanted physical contact, or attempts to have physical contact, of a sexual nature without the clear and express consent of both individuals, or under threat or coercion. A sexual assault can be committed by a male or a female on a member of the opposite or the same sex. Sexual assault can occur forcibly and/or against a person’s will. It can also occur when a person is incapable of giving consent (i) due to intoxication by drugs or alcohol, (ii) because she or he is under the age of 17, and/or (iii) because she or he has a disability (whether temporary or permanent, or mental or physical) or is unconscious or asleep and consequently is unable to give consent. Consent must be given freely, voluntarily, and with knowledge of the act proposed by the other person.

Examples of sexual assault include, but are not limited to, rape (whether by an acquaintance or a stranger) including penetration with a body part or foreign object, sodomy, oral copulation, sexual abuse, sexual battery, fondling (e.g., unwanted touching or kissing for purposes of sexual gratification), and threats of sexual assault. 3

Definition of Stalking 4

In simplest terms, stalking is the unwanted pursuit of another person. By its nature, stalking is not a one-time event. The individual's actions must be considered in connection with other actions to determine if someone is being stalked. It includes repeated harassing or threatening behavior toward another person, whether that person is a total stranger, slight acquaintance, current or former intimate partner, or anyone else. Stalking behaviors can include any behaviors if they have no reasonable legitimate purpose, depending upon the context in which they are done. The acts committed are limited only by the stalker's creativity, access, and resources. 5

Definition Of Domestic/Intimate Partner Violence

Domestic/Intimate Partner violence is abusive behavior - emotional, psychological, physical, or sexual - that one person in an intimate relationship uses in order to control the other. It takes many different forms and includes behaviors such as threats, name-calling, preventing contact with family or friends, withholding money, actual or threatened physical harm and sexual assault. Stalking can also be a form of domestic/intimate partner violence.

Most domestic/intimate partner violence is committed against women by their male partners or ex-partners. It also occurs in lesbian and gay relationships and occurs too often in teenage dating relationships. In a small number of cases, men are abused by female partners. Every victim of domestic/intimate partner violence, whether female or male, gay or heterosexual, has the right to legal relief.

What To Do If You Have Been The Victim Of Sexual Assault, Stalking Or Domestic/Intimate Partner Violence

Safety. If you have been the victim of sexual assault, stalking or domestic/intimate partner violence you may be fearful for your safety. If so, it is important to get to a place that is safe and secure as soon as you can. It may be helpful to contact someone you can trust and who will stay with you until the crisis has subsided and you feel safe again. This person may be a friend or a counselor or another person of your choosing.

Medical Attention. If you have been injured or believe you may have been injured as a result of a sexual assault, stalking or domestic/intimate partner violence, seek immediate medical attention. Injuries and medical treatment can be identified during a medical examination. In addition, if you have been raped, evidence that will be needed in case you decide to press criminal charges can be obtained during a medical examination. If you have been raped, it is important to try to preserve all physical evidence so that it can be collected during a medical examination. Therefore, do not bathe, shower, douche, or change clothing before a medical examination. Testing for sexually transmitted disease can be conducted during a medical examination and any necessary follow up arranged.

Reporting A Crime. Sexual assault, stalking and domestic/intimate partner violence are crimes and the University urges victims to report crimes. Reporting a crime is not the same as pressing criminal charges; the decision to press criminal charges can be made at a later time. Sexual assault, stalking and domestic/intimate partner violence may be reported to the University’s Safety and Security Department and/or to the local police department, both of which are available 24 hours a day to aid victims. Pace University has adopted a Security and Police Coordination Plan for Investigation of Criminal Offenses (Including Violent Felony Offenses) And Missing Students Report, which provides for the investigation of any violent felony offense occurring at a University owned or leased facility or at a University-sponsored off-campus program or event.1 University security officers and the local police can help ensure your safety at the scene as well as accompany you to the hospital for medical attention or arrange for ambulance service.

Counseling. Immediate crisis intervention services are available to victims of a sexual assault, stalking, or domestic/intimate partner violence as well as longer term supportive services. There are hotlines that are staffed 24 hours a day by staff trained to help you deal with the legal, medical and emotional issues associated with a sexual assault, stalking and domestic/intimate partner violence. The University’s Counseling Center is available to provide psychological support to victims of a sexual assault, stalking and domestic/intimate partner violence and to assist them in evaluating their options for legal action and medical care. Deans for Students, Directors for Residential Life, Residential Advisors and Human Resources staff can also refer you to appropriate resources.

The phone numbers and addresses for resources available to victims of sexual assault, stalking and domestic/intimate partner violence may be found in Appendix B to this policy.

Internal University Procedures For Handling Sexual Assault, Stalking And Domestic/Intimate Partner Complaints Against Members Of The University Community

The University shall act promptly in response to information that a student, faculty member or staff member has committed a sexual assault or has engaged in stalking or domestic/intimate partner violence. Upon receipt of a complaint, pursuant to the appropriate University procedures, the University will investigate promptly the allegations and implement appropriate sanctions. Except as otherwise provided for, all members of the University community are expected to cooperate with the University's investigation and disciplinary and discrimination grievance procedures, and failure to do so may be grounds for discipline. Any member of the University community who retaliates against an individual reporting or complaining of sexual assault, stalking or domestic/intimate partner violence will be subject to University disciplinary action.

If you believe that you are the victim of a sexual assault committed by a Pace student, faculty member or staff member, you may file a complaint with the University’s Equal Opportunity and Affirmative Action Office even if the assault did not occur on campus and/or at a University-sponsored off-campus program or event. The University urges the prompt reporting of complaints of sexual assault and encourages people who believe they have been subjected to sexual assault in violation of this policy, to invoke the University’s discrimination investigation and grievance procedures http://www.pace.edu/human-resources/affirmative-action/complaint-procedures which are incorporated by reference into this policy).

If you believe that you are the victim of stalking or domestic/intimate partner violence committed by a Pace student, faculty member or staff member, if you are a student, you may report the incident(s) to your campus Dean for Students; and if you are an employee, you may report the incident(s) to the Vice President for Human Resources. If you are a visitor, guests, vendor, contractor or other third party, you may report the incident(s) to University Security. The University urges the prompt reporting of complaints of stalking and domestic/intimate partner violence and encourages people who believe they have been subjected to such conduct in violation of this policy, to invoke the University’s investigation and disciplinary procedures applicable to students, faculty and staff. http://www.pace.edu/general-services/safety-security http://www.pace.edu/human-resources/ which are incorporated by reference into this policy.

Even if the alleged victim does not file a disciplinary or discrimination grievance complaint, the University may, at its discretion, initiate an investigation or disciplinary or discrimination grievance procedure against the accused party and impose appropriate sanctions. Furthermore, if a Pace student, faculty member or staff member is accused of committing a sexual assault, or has engaged in stalking or domestic/intimate partner violence on a person not associated with the University, the University reserves the right to investigate and impose such sanctions as may be appropriate, whether or not criminal charges have been or will be brought or a civil action commenced, and even if the assault did not occur on campus or at a University-sponsored off-campus program or event.

Pending completion of the an investigation or disciplinary or discrimination grievance procedure and/or the criminal proceeding, at the request of the alleged victim or the accused party, or pursuant to the University’s own initiative, the University may implement changes in the academic, living, and/or workplace environments of the alleged victim and/or the accused party, provided such changes are reasonably practicable.

The University’s investigations and its disciplinary and discrimination grievance procedures are separate from and independent of any criminal or civil proceedings that may be initiated as the result of a sexual assault, stalking or domestic/intimate partner violence. Consistent with the Pace University Security and Police Coordination Plan for Investigation of Criminal Offenses (Including Violent Felony Offenses, the University reserves the right to report any crime that is brought to its attention to the appropriate law enforcement agencies. Furthermore, at the request of the alleged victim or the accused party, or at the University’s own initiative, the University may suspend its internal investigation or disciplinary or discrimination grievance procedure until the completion of any criminal proceedings.

Any faculty member or employee in a supervisory capacity who witnesses or receives a written or oral report or complaint of sexual assault must promptly report it to University Security or the University’s Equal Opportunity and Affirmative Action Officer. A failure to comply with this obligation is a violation of this policy and may subject the offender to disciplinary action. This obligation to report sexual assault does not apply to an individual who is required by her or his profession and University responsibilities to maintain the confidentiality of certain communications received while performing those University responsibilities, e.g., counselor. Nevertheless, such individuals should, to the extent it is consistent with their role and the purpose of their position, strongly encourage any person who believes she or he has been subjected to sexual assault to report it to University Security or the Equal Opportunity and Affirmative Action Officer.

Sanctions

If it is determined either through criminal prosecution or a civil action or by the University’s investigation in response to a report or complaint that a member of the University community committed a sexual assault, stalking or domestic/intimate partner violence, the University will impose appropriate sanctions. Sanctions may include, but are not limited to, termination of employment; suspension or termination of faculty status; letters of apology; warnings; reprimands; academic probation; suspension from employment, the University and/or residence halls; demotions; expulsion from the University and/or residence halls; reassignments of work or class, and/or residential space; reduction in wages; community service; a prohibition against contacting the alleged victim; and the like. Any sanction imposed by the University is in addition to any penalty that may be imposed as a result of a criminal proceeding.

Preventing Sexual Assaults And Other Violent Assaults

Crime may be prevented by anticipating, recognizing, and appraising crime risk and initiating some action to remove or reduce the risk. Actions that can reduce the risk of becoming a victim of a sexual assault and other violent assaults include but are not limited to:

  • If you feel uncomfortable traveling on campus by yourself at night, you may use the University’s Safety and Security Department's escort service or the campus bus.
  • Avoid working or studying alone in buildings at night.
  • Lock the door to your room when you are sleeping.
  • Never prop open exterior doors; a door that is propped is an invitation to a thief or attacker.
  • Comply with the rules of your residence hall. Sign in visitors. Do not allow anyone you do not know to enter the residence hall with you when the outside doors are locked.
  • Never allow access to residence halls or apartments to anyone you do not know; do not open the door unless you know the caller.
  • Do not use windows or fire escapes to enter or exit residence halls.
  • Call the University Safety and Security Department or notify the Resident Assistant if you see anyone in a residence hall who appears suspicious or does not belong there.
  • Never hitchhike or pick up hitchhikers.
  • Lock your car doors and keep your car windows rolled up whenever possible. Always check the rear seat of your car before entering your automobile.
  • Use only your last name and the initial of your first name on your door, mailbox, and telephone listing.
  • Never dress in front of a window. Draw blinds and curtains after dark. Call the University Safety and Security Department immediately if you believe someone is loitering outside your window, door or building.
  • Never hide your keys outside your room or apartment. Do not put your name and address on your keys.
  • Be clear about your own sexual intentions and communicate your limits clearly. Do not give mixed messages. Say "yes" when you mean "yes" and "no" when you mean "no."
  • Trust your instincts. If you feel uneasy or sense something is wrong, get away from the situation immediately. Do not worry about being polite.

Confidentiality

The University recognizes that confidentiality is particularly important to victims of sex crimes, stalking and domestic/intimate partner violence. If the victim seeks counseling from a licensed medical professional (for example, a staff psychologist at a Pace Counseling Center), those communications will be confidential. The University encourages victims in all circumstances to seek counseling in order to confidentially discuss her/his options and to begin recovery.

Information shared with other University representatives (for example, Security personnel, Deans for Students, Residence Hall Directors and Assistants, Human Resources staff and University administrators) is not confidential. However, while the confidentiality of those communications cannot be guaranteed, every effort will be made to maintain confidentiality on a “need to know” basis. Generally, the wishes of a victim not to report a sexual assault or incident of stalking or domestic/intimate partner violence to the police will prevail, though the University reserves the right to notify the police when it believes that such reporting is necessary for the protection of the University community. In addition, the University must adhere to legal mandates such as the Campus Security Act, which requires the University to issue campus-wide security alerts and make an annual report documenting the occurrence of violent crimes on campus, including sexual assault. However, these alerts and reports do not include any information identifying the individuals (including the victims) linked to these crimes.

Amendments

Like all of the University's policies, this policy statement does not create a contract and may be modified or amended at any time at the University's sole discretion. If the University makes any modifications or amendments to this policy, it will, to the extent possible, provide timely notice of the changes.


1 This policy has been adopted pursuant to NYS Education Law Section 6432.

2Sex offenses under New York State law are defined in Article 130 of the NYS Penal Code, which is available online Here. A summary of New York State Penal Code 130 sex offenses and the penalties for commission of sex offenses is attached to this policy as Appendix A.

3 Further information about sex offenses and resources for victims is available here

4 Stalking offenses under New York State law are defined in NYS Penal Code Sections 120.45 – 120.60, which are available online here.

5 Further information about stalking and stalking behavior and resources for victims is available at the New York State Office for the Prevention of Domestic Violence Website.

6 Further information about domestic violence and resources for victims is available at the New York State Office for the Prevention of Domestic Violence Website.

7 The Pace University Security and Police Coordination Plan for Investigation of Criminal Offenses (Including Violent Felony Offenses) And Missing Students Reports is available online here


Appendix A

For a Summary of New York State Penal Code 130 Sex Offenses and Penalties, click here (DOC).


Appendix B

Resources For Victims Of Sexual Assault

Local Police and University Safety and Security Department

  • New York City
    University Safety and Security Department: 212-346-1800
    New York City Police Department: 911
  • Briarcliff
    University Safety and Security Department: 914-923-2700
    Briarcliff Police Department: 914-941-2130
  • Pleasantville
    University Safety and Security Department: 914-773-3400
    Mount Pleasant Town Police Department (has jurisdiction over Pleasantville campus): 914-769-1941
    Pleasantville Police Department: 914-769-1500
  • Westchester County
    911
    Westchester County Police: 914-864-7700
  • White Plains
    University Safety and Security Department
    Graduate Center: 914-422-4166
    Law School: 914-422-4111
    White Plains Police Department: 914-422-6111

Other Key University Contacts

  • University Equal Opportunity and Affirmative Action Office
    156 William Street, 12th Floor
    New York, NY 10038
    212-346-1310

    861 Bedford Road (servicing Westchester County campuses)
    Costello House
    Pleasantville, NY 10570
    914-773-3856
  • University Deans for Students
    212-346-1306 (New York City)
    914-773-3351 (Westchester County campuses)
    914- 422-4146 (Law School)
  • University Directors for Residential Life
    212-346-1295 (New York City)
    914-923-2892 (Westchester County campuses)
  • University Human Resources Department
    212-346-1893 (New York City)
    914-773-3810 (Pleasantville)
    914-773-2768 (Briarcliff)

Hotlines

  • New York City
    New York City Police Department Sex Crimes Report Line: 212-267-7273 (available 24 hours a day)
    Safe Horizon Rape & Sexual Assault Hotline: 212-227-3000 (available 24 hours a day)
  • Westchester County
    Mental Health Association of Westchester Rape Hotline: 914-345-9111 (available 24 hours a day)
  • New York State
    New York State Hotline for Sexual Assault and Domestic Violence.
    1-800-942-6906
    Spanish: 1-800-942-6908
    1-800-818-0656 (TTY)
  • National
    National Domestic Violence Hotline: (800) 799-SAFE
    For the hearing impaired: 1-800-787-3224

Medical Treatment and Rape Crisis Centers

  • New York City

    Bellevue Hospital Center
    462 First Avenue
    New York, New York 10016
    General Information number: 212-562-4141
    Emergency Room (Adult): 212-562-4347

    Rape Crisis Program
    First Ave. & 27th St.
    C&D Building, 4th Floor, Rm 408
    New York, NY 10016
    212-562-3755

    Beth Israel Medical Center, Petrie Division
    16th Street and 1st Avenue
    New York, NY 10003
    General Number: 212-420-2000
    Emergency Services 212-420-2840

    Rape Crisis & Domestic Violence Intervention Program
    Dept. of Social Work
    317 E 17th St.
    New York, NY 10003
    212-420-4516

    Harlem Hospital Center
    506 Lenox Avenue
    New York, New York 10037
    212-939-1000

    Center for Victim Support
    Harlem Hospital Center, R. 6111 MLK
    506 Lenox Ave.
    New York, NY 10037
    212-939-4621
    Hotline: 212- 939-4613

    The Mount Sinai Medical Center
    One Gustave L. Levy Place
    1190 Fifth Avenue
    New York, NY 10029
    212-241-6500

    Mount Sinai Emergency Department
    101st Street and Madison Avenue
    212-241-7171

    Sexual Assault and Violence Intervention Program (Manhattan)
    1 Gustave Levy Place, Box 1670
    New York, NY 10029
    212-423-2140

    New York Presbyterian Hospital/Columbia Campus
    622 West 168th Street
    New York, NY 10032
    212-305-2500

    Domestic and Other Violent Emergencies Program
    622 W 168th St., HP2
    New York, NY 10032
    212-305-9060

    New York Presbyterian Hospital/Weill Cornell Medical Center
    525 East 68th Street
    New York, NY 10065
    212-746-5454

    NYU Downtown Hospital
    170 William Street
    New York, New York 10038-2649
    212-312-5000

    St. Luke’s-Roosevelt Hospital

    Roosevelt Hospital
    1000 Tenth Avenue at 58th Street
    212-523-4000

    St. Luke’s Hospital
    1111 Amsterdam Avenue at 114th Street
    212-523-4000

    Crime Victims Treatment Center
    411 W 114th ST., Suite 2C
    New York, NY 10025
    212-523-4728

    Saint Vincent’s Catholic Medical Centers
    St. Vincent's Hospital Manhattan
    170 West 12th Street, New York, NY 10011
    212-604-7000

    Rape Crisis Program
    41-51 E 11th St., 9th Floor
    New York, NY 10003
    212-604-8068

    University Health Care
    41 Park Row, Suite 313
    New York, NY 10038
    212-346-1600
    Monday-Friday, 9AM-5PM
  • Westchester County

    Hudson Valley Hospital Center
    1980 Crompond Rd
    Cortlandt Manor, NY 10567
    914-737-9000

    Lawrence Hospital Center
    55 Palmer Ave
    Bronxville, NY 10708
    914-787-1000

    Mount Vernon Hospital
    12 N 7th Ave
    Mount Vernon, NY 10550
    914-664-8000
    Northern Westchester Hospital

    400 East Main Street
    Mount Kisco, NY 10549
    914-666-1200

    Phelps Memorial Hospital Center
    701 North Broadway
    Sleepy Hollow, NY 10591
    914-366-3000

    St. John’s Riverside Hospital
    967 N Broadway
    Yonkers, NY 10701
    914-964-7990

    Sound Shore Medical Center
    16 Guion Place
    New Rochelle, NY 10801
    914- 632-5001

    University Health Care Center, Pleasantville Campus
    (serving Westchester County campuses)
    861 Bedford Road
    Pleasantville, New York 10570
    914-773-3760
    Mon, Tues, Wed: 9AM – 8 PM
    Thurs & Fri: 9AM – 5PM

    Westchester Medical Center
    95 Grasslands Rd, Bldg 3
    Valhalla, NY 10595-1696
    914- 493-7000

    White Plains Hospital Center
    41East Post Road
    White Plains, NY 10601
    914-681-060081

Counseling and Referrals

See also the hotlines and rape crisis centers listed above under Hotlines and Medical Treatment, respectively, for additional resources for counseling and referrals.

  • New York City

    Pace University Counseling Center
    156 William Street, 12th Floor
    New York, NY 10038
    212-346-1526
    Monday-Friday, 9AM–5PM, evening hours by appointment

    Safe Horizon Rape & Sexual Assault Hotline
    212-227-3000 (available 24 hours a day)

    Safe Horizon Alternatives to Violence Program
    718-834-7471

    NYC Alliance Against Sexual Assault
    32 Broadway
    Suite 1101
    New York, NY 10004
    (212) 229-0345 phone (English)
    (212) 229-0676 fax
    Email: contact-us@svfreenyc.org
    Web site: http://www.svfreenyc.org/about.html
  • Westchester

    Mental Health Association of Westchester Rape Hotline
    914-345-9111 (available 24 hours a day)

    Victims Assistance Services
    Westchester Community Opportunities Program
    2269 Saw Mill River Rd, Bldg. #3
    Elmsford, NY 10523-3833
    914-345-3113
    1-800-726-4041 Hotline

    University Counseling Center, Pleasantville Campus
    (serving Westchester County campuses)
    861 Bedford Road
    Administration Center, 2nd Floor
    Pleasantville, NY 10570
    914-773-3710
    Mon-Fri: 9 AM–5PM by appointment
    Mon-Fri: 1:00-2:30PM walk-in hours

    Pace Women's Justice Center
    (Legal services for victims of domestic/intimate partner violence)
    Pace Law School
    78 North Broadway
    White Plains, NY 10603
    Phone: (914) 422-4069
    1-877-SAFE914 (1-877-723-3194)
    Fax: (914) 422-4102
    Helpline: (914) 287-0739
    Web site: http://web.pace.edu/page.cfm?doc_id=24082
  • New York State

    New York State Coalition Against Sexual Assault (NYSCASA)
    28 Essex Street, Albany, NY 12206
    Phone: 518-482-4222
    Fax: 518- 482-4248
    Email: info@nyscasa.org
    Web site: http://nyscasa.org/

    New York State Office for the Prevention of Domestic Violence
    80 Wolf Road
    Albany, NY 12205
    NYS Hotline: 1-800-942-6906 || Spanish: 1-800-942-6908
    Phone: 518-457-5800
    Fax: 518-457-5810
    Web site: www.opdv.state.ny.us

Miscellaneous Resources

  • Employee Assistance Program (for employees and faculty only) (24 hours)
    1-866-248-4096
    www.liveandworkwell.com
    Access code 61530

Sources for List of Individuals Registered As Sex Offenders

In accordance with the Campus Sex Crimes Prevention Act, law enforcement agencies must maintain a list of individuals that have registered as sex offenders with a state requiring registration, including employees, students, or persons carrying on a vocation with an educational institution within the jurisdiction of the local law enforcement agency. A list of the local law enforcement agencies having jurisdiction over each Pace site where a list of registered sex offenders is maintained follows below. Information may also be found at the New York State Offender Registry Information Line; 1-800-262-3257; http://criminaljustice.state.ny.us/nsor/index.htm.

  • New York City

    One Pace Plaza
    New York City Police Department
    1 Police Plaza
    New York, New York 10038
    646-610-5000
  • Midtown

    New York City Police Department
    Mid-Town North Precinct
    306 W. 54th Street
    New York, New York 10019
    212-767-8447-Community Affairs Unit
  • Briarcliff

    Briarcliff Manor Police Department
    111 Pleasantville Road
    Briarcliff, New York 10510
    914-941-2130
  • Pleasantville

    Mt. Pleasant Police Department
    914-769-1941
    www.mppdny.com (click on Sex Offender Registry)
  • White Plains
    White Plains Police Department
    77 South Lexington Avenue
    White Plains, New York 10601
    914-422-6224-Special Victims Unit