Hearing Procedures
Title IX Hearing Panel
B. Hearing Procedures
Restrictions from Activities or Privileges: Students may be restricted from active status or participation in any and all organized College activities other than required academic endeavors for a designated period of time not to exceed two full semesters/32 weeks of enrollment. Visitation and guest privileges in the residence halls or elsewhere on campus may also be revoked. The right to maintain a vehicle on campus may also be revoked.
No Contact Contract: A formal directive issued by the College. Requires signatures of both parties in any interpersonal conflict to have no direct or indirect interaction. A No Contact Contract remains in effect until it is officially removed in writing by the College. A violation of a No Contact Contract should be reported to either Campus Safety, the Office of Residence Life, Dean of Students or Human Resources. A violation of a No Contact Contract is subject to disciplinary action. Under this Policy, a No Contact Contract may also be instituted as a non-punitive interim remedy.
Mandatory Counseling: In some instances students may be mandated to visit the Counseling and Wellness Center for evaluation. Students mandated to undergo counseling will be given a deadline by which they must have made an appointment to be seen. If, based on the original evaluation, the Counseling and Wellness Center recommends additional sessions the student is required to continue counseling until the Counseling and Wellness Center recommends cessation. Failure to follow through with mandated counseling could result in removal from the residence halls or dismissal from the College.
Disciplinary Probation: Disciplinary probation is an official documentation that is recorded in the student's conduct record, compelling the student to exhibit good conduct during the probationary period. There is a range of sanctions (up to and including residence hall suspension) that may accompany disciplinary probation at the discretion of the Title IX Coordinator. The Title IX Coordinator may also direct the student to be professionally evaluated for any negative behavioral patterns suggested by the particular offense he/she committed. Terms of disciplinary probation shall be for a designated period.
Residence Hall Reassignment: This sanction will be recommended in situations where the College feels the individual needs a change of environment in order to conform to acceptable group living standards. Students receiving this sanction must relocate within 24 hours after the Title IX Coordinator makes the decision, unless an extension is granted. Under this Policy, a Residence Hall Reassignment may also be instituted as a non-punitive interim remedy.
Residence Hall Suspension: A student is required to move out of the residence halls without refund of room fees. Students receiving this sanction must move out within 48 hours after the Title IX Coordinator meets with the student, unless the Title IX Coordinator grants an extension or requires the student to vacate his/her room immediately. The Title IX Coordinator will decide the term of a student's ineligibility to live in a residence hall.
Deferred Suspension: Deferred separation from the College for a period of review during which the student must demonstrate an ability to comply with college rules, regulations, and all other stipulated requirements. If, during the period of the deferred suspension, the student is again found responsible for violating any college rule or regulation or an order from a College official, the student will be immediately suspended from the College.
Suspension: Separation from the College for a designated time period. Typically the suspension period is 2 semesters. A suspended student will be ineligible to graduate until the term of suspension has been served.
Expulsion/Dismissal: The Title IX Coordinator may decide that a student’s enrollment be canceled and the student be permanently separated from the College. A student who is dismissed will be ineligible to return or graduate from Manhattanville College.
Issuance of an acceptable apology and commitment to cease and desist.
Mandatory Counseling: In some instances, the employee may be mandated to follow through with an administrative referral to our Employee Assistance Program for evaluation and/or counseling.
No Contact Contract: A formal directive issued by the College. Requires signatures of both parties in any interpersonal conflict to have no direct or indirect interaction. A No Contact Contract remains in effect until it is officially removed in writing by the College. A violation of a No Contact Contract should be reported to either Campus Safety, the Office of Residence Life, Dean of Students or Human Resources. A violation of a No Contact Contract is subject to disciplinary action. Under this Policy, a No Contact Contract may also be instituted as a non-punitive interim remedy.
Alternate Work Station: Change of work location.
Restrictions from activities or privileges: i.e. removal of Chair position.
Suspension with or without pay/Termination: In the event of a serious infraction, a fast-track approach may be taken that could include suspension without pay or immediate termination. Typically, the suspension would range from 3 days to 2 weeks.
Procedural Appeal to Title IX Appeal Officer
- For any complaints that are not appropriate for informal conflict resolution or are not resolved following the investigative process, the Title IX Coordinator or designee will initiate a formal Hearing.
- The Title IX Coordinator or designee will select three members from a pool of trained hearing officers to a Title IX Hearing Panel. None of the members will have been previously involved with the investigation. The composition of the Panel will depend, in part, on whether the Respondent is a Faculty member, Staff, or student. Investigators will be witnesses in the hearing of the complaint and therefore may not serve as Hearing Panel members. If either the Complainant or Respondent is a Faculty member, the Hearing Panel will consist of two Faculty and one Staff member. In all other Hearings, the Panel will consist of two Staff and one Faculty member. The College reserves the right to have its own attorney present during the Hearing.
- At least one week prior to the Hearing, or as far in advance as is reasonably possible, the Title IX Coordinator or designee will send a letter to the parties with the following information. Once mailed via first-class mail, and/or emailed via College email, and/or received in person, notice will be presumptively delivered. The letter will contain:
- A description of the alleged violation(s) and a description of the applicable procedures.
- The time, date and location of the Hearing and a reminder that attendance is mandatory. If any party does not appear at the scheduled Hearing, the Hearing will be held in their absence. For compelling reasons, the Title IX Coordinator or designee may reschedule the Hearing.
B. Hearing Procedures
- Hearing procedures and accompanying rights of the Complainant and Respondent are set forth (see below)
- Best efforts will be made to complete the entire process (up to the final appeal) in a timely manner within 60 days of the initial report. Extenuating circumstances may arise that require the extension of time frames beyond the 60 days. These circumstances may include the complexity and scope of the allegations, the number of witnesses involved, the availability of the Complainant, Respondent or witnesses, the effect of a concurrent criminal investigation, any intervening school break or other unforeseen circumstances.
- The written decision of the Hearing Panel will be communicated to both parties via email, concurrently. This letter will be sent within five business days after the Hearing has concluded, barring any exigent circumstances that may cause reasonable delay. The final outcome letter will include: the finding as to whether there has been a policy violation, the rationale for the result, and a brief summary of the evidence on which the decision is based. The notice will also include the sanction and rationale for the sanction. Both parties will be informed of their right to appeal on procedural grounds.
- If a finding of responsibility is made, the Hearing Panel will consider, as part of its deliberations, whether sanctions will: (a) bring an end to the violation in question, (b) reasonably prevent a recurrence of a similar violation, and (c) remedy the effects of the violation on the Complainant and the College Community. In determining appropriate sanctions, the Panel may consider any record of past violations, as well as the nature and severity of such past violations. Any sanction imposed will be explained or supported in the written report.
- Student sanctions may include, but are not limited to:
Restrictions from Activities or Privileges: Students may be restricted from active status or participation in any and all organized College activities other than required academic endeavors for a designated period of time not to exceed two full semesters/32 weeks of enrollment. Visitation and guest privileges in the residence halls or elsewhere on campus may also be revoked. The right to maintain a vehicle on campus may also be revoked.
No Contact Contract: A formal directive issued by the College. Requires signatures of both parties in any interpersonal conflict to have no direct or indirect interaction. A No Contact Contract remains in effect until it is officially removed in writing by the College. A violation of a No Contact Contract should be reported to either Campus Safety, the Office of Residence Life, Dean of Students or Human Resources. A violation of a No Contact Contract is subject to disciplinary action. Under this Policy, a No Contact Contract may also be instituted as a non-punitive interim remedy.
Mandatory Counseling: In some instances students may be mandated to visit the Counseling and Wellness Center for evaluation. Students mandated to undergo counseling will be given a deadline by which they must have made an appointment to be seen. If, based on the original evaluation, the Counseling and Wellness Center recommends additional sessions the student is required to continue counseling until the Counseling and Wellness Center recommends cessation. Failure to follow through with mandated counseling could result in removal from the residence halls or dismissal from the College.
Disciplinary Probation: Disciplinary probation is an official documentation that is recorded in the student's conduct record, compelling the student to exhibit good conduct during the probationary period. There is a range of sanctions (up to and including residence hall suspension) that may accompany disciplinary probation at the discretion of the Title IX Coordinator. The Title IX Coordinator may also direct the student to be professionally evaluated for any negative behavioral patterns suggested by the particular offense he/she committed. Terms of disciplinary probation shall be for a designated period.
Residence Hall Reassignment: This sanction will be recommended in situations where the College feels the individual needs a change of environment in order to conform to acceptable group living standards. Students receiving this sanction must relocate within 24 hours after the Title IX Coordinator makes the decision, unless an extension is granted. Under this Policy, a Residence Hall Reassignment may also be instituted as a non-punitive interim remedy.
Residence Hall Suspension: A student is required to move out of the residence halls without refund of room fees. Students receiving this sanction must move out within 48 hours after the Title IX Coordinator meets with the student, unless the Title IX Coordinator grants an extension or requires the student to vacate his/her room immediately. The Title IX Coordinator will decide the term of a student's ineligibility to live in a residence hall.
Deferred Suspension: Deferred separation from the College for a period of review during which the student must demonstrate an ability to comply with college rules, regulations, and all other stipulated requirements. If, during the period of the deferred suspension, the student is again found responsible for violating any college rule or regulation or an order from a College official, the student will be immediately suspended from the College.
Suspension: Separation from the College for a designated time period. Typically the suspension period is 2 semesters. A suspended student will be ineligible to graduate until the term of suspension has been served.
Expulsion/Dismissal: The Title IX Coordinator may decide that a student’s enrollment be canceled and the student be permanently separated from the College. A student who is dismissed will be ineligible to return or graduate from Manhattanville College.
- Employee sanctions may include, but are not limited to:
Issuance of an acceptable apology and commitment to cease and desist.
Mandatory Counseling: In some instances, the employee may be mandated to follow through with an administrative referral to our Employee Assistance Program for evaluation and/or counseling.
No Contact Contract: A formal directive issued by the College. Requires signatures of both parties in any interpersonal conflict to have no direct or indirect interaction. A No Contact Contract remains in effect until it is officially removed in writing by the College. A violation of a No Contact Contract should be reported to either Campus Safety, the Office of Residence Life, Dean of Students or Human Resources. A violation of a No Contact Contract is subject to disciplinary action. Under this Policy, a No Contact Contract may also be instituted as a non-punitive interim remedy.
Alternate Work Station: Change of work location.
Restrictions from activities or privileges: i.e. removal of Chair position.
Suspension with or without pay/Termination: In the event of a serious infraction, a fast-track approach may be taken that could include suspension without pay or immediate termination. Typically, the suspension would range from 3 days to 2 weeks.
| Policy Violation | Minimum Recommended Sanction | |
| Sexual Assault | Suspension from the College for a period of not less than one year and permanent eviction or restriction from College housing, and permanent restriction from campus. After the suspension is completed, the restriction from College housing and campus shall continue, except for the purpose of attending classes. Other sanctions deemed appropriate by the Hearing Panel may also be imposed. ___________ As per the Employee Handbook, all employees are subject to the progressive discipline process. | |
| Stalking | Suspension from the College for a period of not less than one year and permanent eviction or restriction from College housing, and permanent restriction from campus. After the suspension is completed, the restriction from College housing and campus shall continue, except for the purpose of attending classes. Other sanctions deemed appropriate by the Hearing Panel may also be imposed. ___________ As per the Employee Handbook, all employees are subject to the progressive discipline process. | |
| Dating/Domestic Violence | Suspension from the College for a period of not less than one year and permanent eviction or restriction from College housing, and permanent restriction from campus. After the suspension is completed, the restriction from College housing and campus shall continue, except for the purpose of attending classes. Other sanctions deemed appropriate by the Hearing Panel may also be imposed. ___________ As per the Employee Handbook, all employees are subject to the progressive discipline process. | |
| Sexual Harassment | College probation and an educational sanction. More severe sanctions may be imposed according to the intrusiveness of the contact. These may include permanent eviction and/or restriction from College housing, as well as permanent restriction from campus except for the purpose of attending classes. Other sanctions deemed appropriate by the Hearing Panel may also be imposed. ___________ As per the Employee Handbook, all employees are subject to the progressive discipline process. | |
| Retaliation | College probation and an educational sanction. More severe sanctions may be imposed according to the intrusiveness of the contact. These may include permanent eviction and/or restriction from College housing, as well as permanent restriction from campus except for the purpose of attending classes. Other sanctions deemed appropriate by the Hearing Panel may also be imposed. ___________ As per the Employee Handbook, all employees are subject to the progressive discipline process. | |
| These are minimum sanctions only. The College reserves the right to add additional sanctions as are appropriate. | ||
Procedural Appeal to Title IX Appeal Officer
- All requests for a final appeal must be submitted in writing to the Title IX Coordinator or designee within five business days of the delivery of the written findings of the Hearing Panel. Either party may appeal, but appeals are limited to the following:
- A procedural error or omission occurred that significantly impacted the outcome of the Hearing or the sanction imposed;
- New evidence, unknown or not reasonably available during the investigation or Hearing, that could substantially impact the original finding;
- Review of whether sanctions imposed are substantially disproportionate to the severity of the violation.
- The appeal will be considered in an impartial manner by the Title IX Appeal Officer. Dissatisfaction with the Hearing Panel’s decision is not grounds for appeal. The party requesting appeal must show that the grounds for a request have been met, and the opposing party may counter that the grounds have not been met.
- All sanctions imposed by the Hearing Panel will be in effect during appeal. The original finding and sanctions will stand if the appeal is not timely filed or is not based on the grounds listed above.
- Appeals are not intended to be full re-hearings of the case, but are confined to a review of the written record of the original Hearing and pertinent documentation regarding the grounds for appeal.
- The original finding and sanctions are presumed to have been decided reasonably and appropriately. The Title IX Appeal Officer can affirm the original findings, alter the findings where there is clear error, and/or alter the sanctions, depending on the basis of the requested appeal. Appeals granted based on new evidence should normally be remanded to the original Hearing Panel unless otherwise directed by the Title IX Appeal Officer.
- The Title IX Appeal Officer will issue a written decision via email and letter to all parties within five business days of receipt of the appeal from the Title IX Coordinator. The decision of the Title IX Appeal Officer is final and may not be appealed.