III. Reporting Sexual Misconduct, Sexual Assault, Stalking, or Relationship Violence

Any individual may report a possible violation of this policy, whether the person is reporting behavior they have experienced or they learned about in another way (e.g., in conversation with a student, on social media, etc.). The person who originally brings the behavior to the College’s attention is not obligated to participate in any review the College may undertake, but as described below, the College may pursue the matter without the person’s involvement.

The College encourages all individuals to report behavior that may violate this policy. If that behavior is also criminal in nature, the College also encourages that the matter be reported to law enforcement in the applicable jurisdiction. In this document, the person alleging a violation of policy is referred to as the “Reporting Party.” The person who is alleged to have violated campus policy is referred to as the “Responding Party.”

A Reporting Party may report to the College and/or law enforcement; these are not mutually exclusive options. Both College and criminal complaints may be pursued simultaneously.

A Reporting Party is encouraged to report sexual misconduct, domestic violence, dating violence and stalking regardless of where the incident occurred, or who committed it. Even if the College does not have jurisdiction over the Responding Party, the College will still take prompt action to provide for the safety and well-being of the Reporting Party and the broader campus community.

To report a sexual misconduct violation, contact the Title IX Coordinator, Rebecca Mattis-Pinard, by telephone at (212) 517-0563, by email at rpinard@mmm.edu, or in person in the President’s Office.

Students may also contact the Vice President for Student Affairs, Dr. Carol L. Jackson by telephone at (212) 774-0756, by email at cjackson@mmm.edu, or in person at 221 E. 71st Street, Carson Hall 807.

Faculty and staff may also report violations to the Director of Human Resources, Bree Bullingham by telephone at (212) 517-0532, by email at bbullingham@mmm.edu, or in person at 221 E. 71st Street, Carson Hall 305 C.

A. Bill of Rights for Reporters of Sexual Misconduct

All reporters of sexual misconduct have the right to:

Make a report to local law enforcement and/or state police;
Have disclosures of sexual violence treated seriously;
Make a decision about whether or not to disclose a crime or incident and participate in the conduct or criminal justice process free from outside pressures from College officials;
Be treated with dignity and receive from College officials courteous, fair, and respectful health care and counseling services;
Be free from any suggestion that the person reporting sexual misconduct is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such a crime;
Describe the incident to as few individuals as practicable and not be required to unnecessarily repeat a description of the incident;
Be free from retaliation by the College, the accused, and/or their friends, family and acquaintances;
Exercise civil rights and practice of religion without interference by the investigative, criminal justice or conduct process of the College;
Receive resources, such as counseling and medical attention;
Confidentially or anonymously disclose a crime or violation;
Make a report to an employee with the authority to address complaints, including the Title IX Coordinator or the Director of Human Resources; Campus Security; Local law enforcement; and/or Family Court or Civil Court; and 12. Receive reasonable accommodations in academic, living, or working environments.

B. Reports that Involve Underage Drinking or Illegal Drug Use:

The health and safety of every student at the College is of utmost importance. The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time a sexual misconduct occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report incidents of sexual misconduct to campus officials. A reporter of sexual misconduct or a bystander reporting in good faith who reports a sexual misconduct incident to College officials or law enforcement will not be subject to campus conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the sexual misconduct incident.

C. Confidentiality and Disclosures to the College

The College encourages reporters of sexual misconduct to talk to somebody about what happened so a reporting person can get the support they need and the College can respond appropriately. Sexual misconduct includes sexual assault, domestic violence, dating violence, and stalking.

When a report of a violation is made to an employee of the College, whether the employee is required to inform the Title IX Coordinator depends on whether the individual is a “counseling” member of the school community or “responsible employee” of the College. Healthcare, professionals, and pastoral counselors are considered confidential resources whereas responsible employees are non-confidential reporters.

1. Confidential Disclosures:

Healthcare providers, professional and pastoral counselors who provide advocacy, health, mental health or sexual assault-related counseling to students are considered a “counseling” member of the school community. As such, they are not required to report any information regarding an incident of sexual violence to the Title IX Coordinator. Individuals may confidentially report the incident to College officials who can assist in obtaining support services.

At Marymount, the following offices are staffed with healthcare or counseling members of the school community. Students who wish to speak to somebody in confidence about their concerns may contact these offices:

Counseling and Wellness Center, (212) 774-0700, Carson Hall 806. Mental health counselors (including those who act in that role under the supervision of a licensed counselor)
The College’s Campus Ministry – (212) 774-0759, Campus Ministry, Carson Hall 412.
Dow Zanghi Student Health Center, (212) 759-5870, 231 E. 55th St. (in the 55th St. Residence Hall)
A full-time faculty and/or staff member who wishes to speak to somebody in confidence about their concerns may contact:
Employee Assistance Program Services (Full-time faculty and staff only) (800) 964-HELPS (3577)

2. Non-Confidential Disclosures:

At Marymount, with the exception of health and counseling employees as set forth above, all employees of the College are considered responsible employees. As such, a responsible employee must report incidents of sexual misconduct to the Title IX Coordinator or other appropriate school designee.

Students are encouraged to report violations of this policy to the Title IX Coordinator, Rebecca Mattis-Pinard, by telephone at 212-517-0563, rpinard@mmm.edu, 221 E 71St Street. In addition to the Title IX Coordinator, violations of this policy may also be reported to the following persons/offices:

Dr. Carol L. Jackson, Vice President for Student Affairs, (212) 774.0756, Carson Hall 807
Rebecca Mattis-Pinard, Chief Diversity Officer, and Title IX Coordinator, (212) 517-0563, Office of the President
Campus Security, (212) 517-0411

Faculty and staff are encouraged to report violations of this policy to the Director of Human Resources, Bree Bullingham, (212) 517-0532, 221 E 71st Street, Carson Hall 305 C. Please note that faculty and staff who do not work in offices listed as confidential are obligated to refer concerns about violations of this policy to the Title IX Coordinator or the Director of Human Resources, or designee.

If a person discloses an incident to a responsible employee who is obligated to respond to or report sexual misconduct or sexual harassment, but the disclosing person wishes to maintain confidentiality or does not consent to the College’s request to initiate an investigation, the Title IX Coordinator must weigh the request against the College’s obligation to provide a safe, non- discriminatory environment for all members of the Marymount community. The College seeks consent from those who disclose prior to conducting an investigation. Declining to consent to an investigation will be honored unless the College determines in good faith that failure to investigate does not adequately mitigate a potential risk of harm to the disclosing person or the College community. If the College determines that an investigation is required, it will notify the disclosing person and take immediate action as necessary to protect and assist them.

Reports shall be investigated in accordance with College policies. Even if a person does not request confidentiality, to the extent possible, the Reporting Party’s identity shall remain private. The College shall only disclose information regarding incidents of sexual misconduct to individuals who are responsible for handling the College’s response.

3. Criminal Reporting:

In addition to reporting incidents of sexual violence to the College and consulting the College’s Title IX Coordinator for information and assistance, a Reporting Party may also file a criminal complaint with local law enforcement authorities and/or seek the assistance of campus security. The College encourages anyone who has experienced sexual violence, domestic violence, dating violence or stalking to report the matter to law enforcement.

It is not necessary to decide immediately whether or not to pursue a criminal complaint, but it is important to try to preserve all physical evidence. Collecting evidence immediately following a crime will be helpful in the event of later prosecution, or in the event that an order of protection is sought. For example, those who have experienced sexual assault are advised to seek medical attention immediately and not to drink, bathe, douche, brush teeth, change clothes, or comb hair, if possible.

For all types of misconduct covered by this policy, a Reporting Party should also retain text messages, emails, notes, and other evidence that may relate to the matter. Early reporting is encouraged to assist with a police investigation and prosecution, should the Reporting Party choose to pursue criminal prosecution, or again, if a protection order is sought. Reporting an incident covered by this policy to the police does not commit an individual to further legal action, but it helps to preserve options for the future.

4. Campus Security:

Campus security can assist reporters of sexual violence with information on how to obtain an order of protection. College personnel can explain the order and answer questions pertaining to the order, including information about the Responding Party’s responsibility to stay away from the Reporting Party.

5. Third Parties:

Complaints by or about third parties or vendors should be made to the Director of Human Resources, or HR designee, or the Title IX Coordinator.

6. Timeliness:

To promote timely and effective review, the College strongly encourages individuals to make reports of possible violations of this policy as soon as possible following the last occurrence of the behavior giving rise to the concern. Although the Title IX Coordinator or Director of Human Resources or designee may pursue a report at any time, delays may make it more difficult to gather relevant and reliable information.

7. Right to Withdraw Complaint:

Reporters of sexual violence have the right to withdraw a complaint or involvement from the College process at any time.