Title IX, NYS Enough is Enough 
(Article 129A and 129B) and Sexual Misconduct

Incident Report Form

To report an incident to the University, please call one of our Title IX Coordinators above. If you prefer, submit a report, which may be completed anonymously, via this form. 

ENOUGH IS ENOUGH (Article 129A and 129B)

New York State has the most aggressive policy in the nation to fight against sexual assault on college campuses. By standing up and saying “Enough is Enough,” we made a clear and bold statement that sexual violence is a crime, and students can be assured they have a right to have it investigated and prosecuted as one.

The new “Enough is Enough” legislation requires all colleges to adopt a set of comprehensive procedures and guidelines, including a uniform definition of affirmative consent, a statewide amnesty policy, and expanded access to law enforcement. With this law, we will better protect all of New York’s college students from rape and sexual assault. Click  New York State Enough is Enough for more information.
 

General Policies (NYS Article 129A):

Section 6430: Policy on the Maintenance of Public Order:
Monroe University adopts the following rules for the maintenance of public order on campus and other College property used for educational purposes.

Rules of Conduct

1. All members of the University community—students, faculty, and staff—shall comply with federal, state, and local laws and ordinances affecting the maintenance of order on College premises.
   1. Conduct that is violative of such laws and ordinances occurring on College premises may be subject to both College discipline and public sanctions as circumstances may warrant or dictate.
   2. Conduct that violates applicable laws and ordinances occurring off College premises will ordinarily not be subject to College discipline, unless such conduct seriously affects the interests of the University, or occurs in close proximity to College premises and is connected to violative conduct on College premises.
2. All members of the University community are prohibited from engaging in conduct leading to or resulting in any of the following:
   1. Interference with or disruption of the regular operations and activities of the University.
   2. Denial of, or unreasonable interference with, the rights of others—including visitors ,invitees, and licensees—on University premises.
   3. Injury to College property, real or personal.
   4. Unauthorized access to or occupation of nonpublic areas on College premises, including but not limited to classrooms, laboratories, libraries, faculty and administrative offices, auditoriums, and recreational facilities.
   5. Unauthorized access to or use of personal property, including files and records.
   6. Recklessly or intentionally endangering mental or physical health or forcing consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
3. Visitors, invitees, and licensees are expected to conduct themselves in a manner that is consistent with the maintenance of order on Monroe University premises. Visitors, invitees, and licensees who violate this obligation may be removed or excluded from the University.  A trespasser has no privilege of any kind to be on College property but is nevertheless subject to these regulations governing the maintenance of order.
4. Any authorized member of the University community, after properly identifying themself, may in the course of performing his or her duties, request identification from members of the University community. Refusal to identify oneself may result in a presumption that the individual is not a member of the University community and is not authorized to be on the premises.  “Authorized” members of the Monroe University community shall include: (a) Members of the University administration; (b) Faculty in the performance of teaching or supervisory duties; and (c) College Public Safety officers.

Enforcement

1. Visitors, Invitees, Licensees, and Trespassers. When an administrative officer or public safety officer of the University in his or her discretion determines that the privilege of an invitee or licensee to be on College premises should be withdrawn, they are authorized to ask the invitee or licensee to leave the premises, and the invitation or license shall thereby be terminated. If any person, whether initially a trespasser, licensee, or invitee, fails to leave College premises promptly upon request, the University will use all reasonable means, including calling for the assistance of the police, to remove them.
2. Individual Community Members
   1. Summary Suspension of Members of the Monroe University Community. Summary suspension pending disciplinary proceedings may be imposed upon employees (faculty and staff).  Summary suspension may be imposed upon students  when, after an individualized assessment, the student’s continued presence is deemed to pose a threat to the health and safety of one or more members of the community. 
   2. Disciplinary Action. A member of the University community who is charged with a violation of the rules above are subject to appropriate disciplinary action in accordance with the relevant code of conduct (e.g. student code of conduct, employee code of conduct, etc.)
   3. Penalties. Penalties for violation of College rules that may be imposed upon members of the University community include, but are not limited to, the following:
      1. Reprimand
      2. Censure
      3. Removal of privileges
      4. Suspension
      5. Dismissal or expulsion
3.  Organizations. Any College organization that authorizes conduct prohibited by these rules may have its permission to use the facilities of the University and to operate as a College organization rescinded and may be subject to any additional penalties pursuant to the penal law or any other applicable provision of law.

Section 6431: Advisory Committee on Campus Security:
The President of the University annually appoints a committee made up of students, faculty, and administrators to review campus security policies and procedures and provide recommendations for their improvement.  The committee will report its findings and recommendations to the President at least once per year.  Topics for consideration include but are not limited to: efforts to educate the campus community about personal safety and crime prevention, reporting mechanisms, support resources, and guidelines for referral to law enforcement.

Section 6432: Sexual assault, domestic violence, and stalking prevention information: Sexual Misconduct Policy and Annual Security Report (pages 5, 12-23)

Section 6433: Campus crime reporting and statistics: Campus Public Safety Page: Public Safety Department at Monroe University

Section 6434:  Investigation of violent felony offenses: Campus Public Safety Page: Public Safety Department at Monroe University, Sexual Misconduct Policy (pages 15-19) and Annual Security Report (pages 7-8,12)

Section 6435: Appointment of Security Officers – N/A

Section 6436: Bias-Related Crime Prevention Information:
Bias crimes, also known as hate crimes, are crimes motivated by the perpetrator’s bias toward certain actual or perceived personal characteristics of the victim. College policy and federal and state law prohibit crimes motivated by bias on the basis of race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

The University is required to report annually on the statistical incidence of bias crimes on or around campus as part of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act (the “Clery Act”). The Clery Act defines hate crimes as any of the crimes otherwise reportable under the Clery Act or any bodily injury to any person in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, national origin, gender identity or disability of the victim. 

New York State Penal Law specifies that a person commits a hate crime, when he or she commits a specified offense and either intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the person, regardless of whether the perception or belief is correct, or intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception with respect to the categories enumerated above. 

The specified offenses are assault in the third degree; assault in the second degree; assault in the first degree; aggravated assault upon a person less than eleven years old; menacing in the first degree; menacing in the second degree; menacing in the third degree; reckless endangerment in the second degree; reckless endangerment in the first degree; manslaughter in the first degree; manslaughter in the second degree; murder in the second degree; stalking in the fourth degree; stalking in the third degree; stalking in the second degree; stalking in the first degree; rape in the first degree; criminal sexual act in the first degree; sexual abuse in the first degree; aggravated sexual abuse in the second degree; aggravated sexual abuse in the first degree; unlawful imprisonment in the second degree; unlawful imprisonment in the first degree; kidnapping in the second degree; kidnapping in the first degree; coercion in the second degree; coercion in the first degree; criminal trespass in the third degree; criminal trespass in the second degree; criminal trespass in the first degree; burglary in the third degree; burglary in the second degree; burglary in the first degree; criminal mischief in the fourth degree; criminal mischief in the third degree; criminal mischief in the second degree; criminal mischief in the first degree; arson in the fourth degree; arson in the third degree; arson in the second degree; arson in the first degree; petit larceny; grand larceny in the fourth degree; grand larceny in the third degree; grand larceny in the second degree; grand larceny in the first degree; robbery in the third degree; robbery in the second degree; robbery in the first degree; harassment in the first degree; aggravated harassment in the second degree; or any attempt or conspiracy to commit any of the foregoing offenses. When a person is convicted of a hate crime where the specified offense is a violent felony offense, the hate crime shall be deemed a violent felony offense. When a person is convicted of a hate crime where the specified offense is a misdemeanor or a class C, D or E felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant’s conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable. 
The full text of the applicable NYS law may be found in Section 485 of the NYS Penal Code. As with any conviction for a misdemeanor or a felony under NYS law, the punishment for hate crimes may include fines and/or imprisonment, depending on the underlying crime.  
College Policy and Procedure 

An individual, who believes he/she may have been the victim of a hate crime or may have witnessed a hate crime, should contact the Department of Public Safety immediately. When Public Safety receives a report of a hate crime, an investigator will interview witnesses, collect evidence and make any and all notifications. Depending on the seriousness of the matter, the Department of Public Safety may refer the matter immediately to the local police department, may conduct an investigation, or may refer the matter for appropriate action under the relevant policy against discrimination.  
 

Resources
There are a variety of resources available to victims of hate crimes. Bias crimes, also known as hate crimes, are crimes motivated by the perpetrator’s bias toward certain actual or perceived personal characteristics of the victim. College policy and federal and state law prohibit crimes motivated by bias on the basis of race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.   

The University is required to report annually on the statistical incidence of bias crimes on or around campus as part of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act (the “Clery Act”). The Clery Act defines hate crimes as any of the crimes otherwise reportable under the Clery Act or any bodily injury to any person in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, national origin, gender identity or disability of the victim. 

New York State Penal Law specifies that a person commits a hate crime, when he or she commits a specified offense and either intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the person, regardless of whether the perception or belief is correct, or intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception with respect to the categories enumerated above. 

The specified offenses are assault in the third degree; assault in the second degree; assault in the first degree; aggravated assault upon a person less than eleven years old; menacing in the first degree; menacing in the second degree; menacing in the third degree; reckless endangerment in the second degree; reckless endangerment in the first degree; manslaughter in the first degree; manslaughter in the second degree; murder in the second degree; stalking in the fourth degree; stalking in the third degree; stalking in the second degree; stalking in the first degree; rape in the first degree; criminal sexual act in the first degree; sexual abuse in the first degree; aggravated sexual abuse in the second degree; aggravated sexual abuse in the first degree; unlawful imprisonment in the second degree; unlawful imprisonment in the first degree; kidnapping in the second degree; kidnapping in the first degree; coercion in the second degree; coercion in the first degree; criminal trespass in the third degree; criminal trespass in the second degree; criminal trespass in the first degree; burglary in the third degree; burglary in the second degree; burglary in the first degree; criminal mischief in the fourth degree; criminal mischief in the third degree; criminal mischief in the second degree; criminal mischief in the first degree; arson in the fourth degree; arson in the third degree; arson in the second degree; arson in the first degree; petit larceny; grand larceny in the fourth degree; grand larceny in the third degree; grand larceny in the second degree; grand larceny in the first degree; robbery in the third degree; robbery in the second degree; robbery in the first degree; harassment in the first degree; aggravated harassment in the second degree; or any attempt or conspiracy to commit any of the foregoing offenses. When a person is convicted of a hate crime where the specified offense is a violent felony offense, the hate crime shall be deemed a violent felony offense. When a person is convicted of a hate crime where the specified offense is a misdemeanor or a class C, D or E felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant’s conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable. 

The full text of the applicable NYS law may be found in Section 485 of the NYS Penal Code. As with any conviction for a misdemeanor or a felony under NYS law, the punishment for hate crimes may include fines and/or imprisonment, depending on the underlying crime.  
 

College Policy and Procedure 

An individual, who believes he/she may have been the victim of a hate crime or may have witnessed a hate crime, should contact the Department of Public Safety immediately. 
When Public Safety receives a report of a hate crime, an investigator will interview witnesses, collect evidence and make any and all notifications. Depending on the seriousness of the matter, the Department of Public Safety may refer the matter immediately to the local police department, may conduct an investigation, or may refer the matter for appropriate action under the relevant policy against discrimination.  

Resources
There are a variety of resources available to victims of hate crimes. 

• Monroe University Department of Public Safety:  
  • BRONX Campus: 646-393-8495 
  • NEW ROCHELLE Campus: 914-740-6854
• Community Resources:
  • NYPD Special Victims Division Tel: (646) 610-7272, 24 hours 
  • Domestic and Other Violent Emergencies (DOVE) Tel: (212) 305-9060 
  • NYS Crime Victim Board Tel: (800) 579-0689 (888) 289-9747 (TTY) (718) 923-4325
  • NYC Gay and Lesbian Anti-Violence Project 240 West 35th Street, Suite 200 Hotline: (212) 714-1141 http://www.avp.org/ The nation's largest crime-victim service agency for the lesbian, gay, transgender, bisexual, and HIV-affected (LGTBH) communities, AVP assists thousands of crime victims every year from all five boroughs of the city, providing free and confidential advocacy, counseling, referrals and training. 

Section 6437: Prohibition on the marketing of credit cards:
Advertising, marketing or merchandising of credit cards directed at students is prohibited on campus.  Campus facilities, therefore, should not be used for such activities.  
 

Section 6438: Notification of fire safety standards and measures in all college-owned or college-operated housing:  Annual Security Report (pages 31)

Section 6438C:  Student-athlete compensation:  
Monroe University student-athletes are permitted to earn compensation from the use of their name, image, or likeness.  The University will not, however, provide a prospective student-athlete with compensation in relation to their name, image, or likeness.  The University does not prohibit a student-athlete from obtaining professional representation in relation to name, image, or likeness contracts or legal matters, provided that such representation is provided by a person registered or licensed by the state of New York, whether as agents or attorneys.  Before entering into a contract for compensation for the use of their name, image, or likeness, a student-athlete is required to disclose the contract to the Athletic Director.  Student-athletes are not permitted to enter into any contract for compensation relating to their  name, image, or likeness that: (i) causes the student athlete to violate a team contract; (ii) causes the student-athlete to violate the University’s code of conduct or any applicable College policy; (iii) the contract conflicts with any existing contract that the University already has; (iv) requires actions by the student-athlete during team activities or scheduled classes; (v) involves the use of the University’s name, brand copywritten materials, trademarks, service marks, symbols, nicknames, trade dress, insignia, mascot, uniform styles, colors, imagery, campus landmarks, or any other intellectual property or indicia; (vi)requires the student-athlete to display a sponsor’s product, logo, brank or other indicia, or otherwise advertise for a sponsor during official team activities; or (vii) requires the student-athlete to display a sponsor’s product, logo, brank or other indicia, or otherwise advertise for a sponsor at any time if such sponsor is a competitor of a sponsor of the University.

Title IX Coordinators

The University embraces its Title IX and Sexual Misconduct responsibilities. 

Our Title IX Coordinators serve as resources for any Title IX-related related questions or concerns. Such matters include, but are not limited to:  dating violence, domestic violence, rape, sexual assault, sexual harassment, and stalking.