- When the accused is a student, to have the college issue a “No Contact Order,” meaning that continuing to contact the protected individual is a violation of college policy subject to additional conduct charges; if the accused and a protected person observe each other in a public place, it is the responsibility of the accused to leave the area immediately and without directly contacting the protected person. Both the accused/respondent and reporting individual may request a prompt review of the need for and terms of a No Contact Order, consistent with Nyack College policy. Parties may submit evidence in support of their request. Nyack will establish appropriate schedules for accused and respondents regarding access to applicable buildings at times when reporting individuals are not accessing them.
- To have assistance from College Officials in initiating legal proceedings in family court or civil court, including but not limited to an Order of Protection or, if outside of New York State, an equivalent protective or restraining order.
- To receive a copy of the Order of Protection or equivalent and have an opportunity to meet or speak with local police and college officials who can explain the order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s); that burden does not rest on the protected person(s).
- To give an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension.
- To have assistance from Nyack College Campus Safety in effecting an arrest when an individual violates an Order of Protection or, if outside of New York State, an equivalent protective or restraining order within the jurisdiction of the local police. Since Nyack College Campus Safety does not have arresting powers, they will call on and assist local law enforcement in effecting an arrest for violating such an order.
- When the accused is a student and presents a continuing threat to the health and safety of the community, to have the accused subject to interim suspension pending the outcome of a conduct process. Parties may request a prompt review of the need for and terms of an interim suspension, including potential modification and may submit evidence in support of their request.
- When the accused is not a student, but is a member of the college community, and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, the employee handbook, and Nyack College policies and rules.
- When the accused is not a member of the college community, to have assistance from Nyack College Campus Safety or other college officials in obtaining a persona non grata letter, subject to legal requirements and college policy.
- Student Reporting Individuals:
To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to ensure safety, prevent retaliation, and avoid an ongoing hostile environment consistent with Nyack College policies and procedures. Parties may request a prompt review of the need for and terms of any interim measures and accommodations that directly affect them, including a potential modification, and they may submit evidence supporting the request. While reporting individuals may request accommodations through any of the offices referenced in this policy, the following office can serve as a point to assist with these measures:
- Student Development, Boon Campus Center Room 202, X4793 or (845) 675-4793
- NYC: Student Development, 21st Floor, Room 2111, x 6131 or (646) 378-6131
- Employee Reporting Individuals:
Depending on the particular allegations of a reported issue, employee victims may be given an adjustment to their work environment while an investigation proceeds. Whenever possible and appropriate, the interim adjustments would be made to the accused employee, rather than to the complainant. Such adjustments may include a work location change, supervisor change, work duties change and/or an administrative leave. Employees and their dependents may contact the Employee Assistance Program for confidential support, resources, and information. Human Resources can also assist with referral to professional counseling.
Any violation of this policy shall result in disciplinary action including, but not limited to, warning, reprimand, probation, suspension, expulsion or dismissal. Retaliation against an individual for bringing a sexual harassment complaint is prohibited by law and will lead to further disciplinary action. Nothing in this policy shall preclude a student from seeking redress through external legal proceedings.