In the four years since I started college, 10 of my close childhood female friends told me that they had been raped. They attend different universities across the country, but they share a similar story: No one reported her alleged violation to her school, or to law enforcement.
I think about this often. What would I do if I were a victim of discrimination or sexual misconduct on campus? How would I report my Title IX complaint to The New School? I consulted the university website in search of answers, but found myself lost in links and pages of information. I felt overwhelmed, and I wasn’t even in a real situation of wanting to report an incident.
As the lead investigative reporter for the New School Free Press, I’ve interviewed students, faculty, and staff members with experiences and opinions to share about the way The New School handles gender-based offenses. I’ve reported on the administration’s proposed Title IX policies and about a scholar sanctioned for bullying behavior. Figuring out the simplest way for an individual to report a Title IX violation to The New School was challenging. The Free Press has requested interviews with the administrators in charge of Title IX several times, but they have not been available.
The amount of reported alcohol and drug violations at The New School dramatically surpassed the number of reported sex offenses and incidents of domestic violence, dating violence and stalking on campus, according to the university’s 2017-2018 campus safety report released on Oct. 1. This doesn’t mean that the university is free from sexual violence.
Incidents of sexual harassment and abuse are under-reported on college campuses, according to the Association of American Universities’ landmark 2015 Campus Climate Survey on Sexual Assault and Sexual Misconduct.
Title IX protects students, faculty, and all employees from gender-based discrimination and sexual harassment and assault. The New York Office of Civil Rights requires complaints be reported within 180 days — about a semester’s worth of time — after the most recent violation occurrence, but The New School does not appear to offer a deadline or statute of limitations for reporting Title IX complaints. However, the Sexual Harassment Policy, which is posted on the website separately from Title IX procedures, requires sexual harassment complaints, which fall under Title IX, to be made no more than 60 days after the alleged act occurred. The proposed Title IX policy, shared by the New School administration in Sept., removes any statute of limitations for reporting, but has not been officially implemented yet. New School community members were invited by the administration to submit comments on the proposed policy through a confidential GoogleForm; according to a Nov. 5 university announcement email, the comment period closes on Nov. 30.
There may not be an easy way to deal with trauma — but there is a way to file a complaint. For anyone who has experienced or witnessed discrimination, sex-based harassment and/or assault, here is a simplified guide to reporting informal and formal Title IX complaints with The New School, according to the current Title IX reporting recommendations listed on the Student Conduct and Community Standards webpage. This webpage is also linked to the Title IX section of the MyNewSchool mobile application.
SHARE THE DETAILS OF AN INCIDENT ANONYMOUSLY, WHICH WON’T START AN INVESTIGATION:
The university has an online system called the Anonymous Sexual Assault Incident Report for people who want to report Title IX violations anonymously. Filing a complaint through the form will not trigger an investigation and “the university will only follow up if any specific, identifying information is provided in this report,” as stated in the online system.
Inputting personal information, contact information for others involved in the incident, and documentation unrelated to the situation is optional. The form requires the date, location, and the “story of the event.”
Students can talk to healthcare providers at Student Health Services and student Ombuds, and school employees can meet with faculty and staff Ombuds, all of whom who are considered “confidential employee[s that] will not report information to the university’s Title IX Coordinator (or anyone else) without permission from the person who disclosed that information,” according to the university website.
FILE A FORMAL INCIDENT REPORT THROUGH A FORM OR WITH A “RESPONSIBLE EMPLOYEE” TO START THE TITLE IX INVESTIGATION PROCESS:
Contacting the Title IX Office directly, filling out a form with your identifying personal information, and/or speaking with “university responsible employees” are first steps in initiating a formal Title IX investigation.
Jennifer Francone and Rhonnie Jaus oversee Title IX at The New School.
Francone is the university’s official Title IX coordinator and is the contact person for claims regarding students. Jaus was hired by the university in February to assist in drafting the new Title IX policy, and is the contact person for claims of Title IX violations involving faculty and staff. Jerry Cutler is The New School’s Chief Legal and Human Resources Officer and can be a contact person for Title IX incidents involving full-time and part-time faculty and administrative staff.
Title IX coordinators’ “responsibilities include overseeing all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints,” according to the Department of Education’s “Know Your Rights” fact-sheet.
The New School offers a form titled the “Concerning Behavior” form, on the The New School Portal for Incident Reporting, for formal complaints to be filed. While it is not drastically different from the Anonymous Sexual Assault Incident Report form, some of the examples of concerning behavior offered for respondents to choose on this form (like “academic concern”) don’t necessarily pertain to TItle IX’s jurisdiction. Inputting personal information to the “Concerning Behavior” this form is optional, even though the Title IX office needs to know the identity of the person complaining to look into their situation.
A hardcopy incident report form can also be printed and sent to the Student Rights and Responsibilities Office.
“Responsible employees” are any school staff members that have the “authority or duty” to report claims of sexual misconduct to the Title IX office, according to the DOE. Both full-time and part-time professors, as well as security staff and administrators, are typically considered “responsible employees.”
The administration’s new proposed Title IX policy clarifies that all university employees (who are not in the Counseling Center, Student Health Center, or faculty/staff/student ombuds) are “responsible employees,” as well as resident advisors and resident housing directors, teaching assistants and fellows, peer advisors, and orientation leaders.
HOW THE TITLE IX INVESTIGATIONS AT THE NEW SCHOOL WORK:
The Student Conduct Title IX webpage gives a brief overview of the investigation process. The Non-Academic Disciplinary Procedures document, which applies to students, and the The New School Institutional Policies and Procedures Manual and “guidelines for dealing with issues of sexual harassment and discrimination” section of the Sexual Harassment Procedures, which apply for faculty, give more detailed explanations of the respective procedures.
According to the Non-Academic Disciplinary Procedures, once a formal incident report has been made by a student, the Title IX Office will review the complaint to determine its legitimacy.
Complaints can be classified as either a Level 1 Review, in which officers decide the violation “is unlikely to result in the suspension or expulsion of the student from the university,” or a Level 2 Review, in which “the nature of the alleged violation could result in the suspension or expulsion of the student from the university or falls under the Sexual Misconduct and Violence Policy.” (That’s another policy on a separate webpage in a separate document.)
The Non-Academic Disciplinary Procedures document also states that “if Student Conduct and Community Standards finds insufficient information or basis to support the complaint, the Office is authorized to dismiss the complaint.”
The Title IX officers will notify the complainant and accused in writing that the incident is being investigated. The privacy of both parties is respected throughout the investigation process as much as possible, but depending on the circumstance, the name of the complainant can be shared with the accused in order to help advance the investigation, according to past incident reports reviewed by the Free Press.
The university website explains that to investigate the allegations, Title IX officers will speak with witnesses, hold a disciplinary review meeting with the accused student to discuss the allegations, and look into other relevant details of the complaint.
Title IX will take “immediate remedial actions to ensure the safety and well-being of victims if appropriate in the given circumstances,” according to the process overview section of the Student Conduct Title IX page.
In dealing with previous Title IX complaints, the administration has moved accused students into different dorms and banned people from entering relevant university buildings, according to a series of incident reports about sexual misconduct at the university, reviewed by the New York Office of Civil Rights as part of their resolved 2011 investigation into The New School’s Title IX practices.
If, for example, a student accused of sexual misconduct is moved from one dorm into another, The New School cannot and does not notify students in the new dorm that the new resident is under Title IX investigation, as the investigation is not finalized at this time. Student privacy is protected under the federal law known as FERPA, the Family Educational Rights and Privacy Act. Considering someone innocent until proven guilty is a basic legal right and a foundation of due process.
At the conclusion of the investigation, both the person who filed the complaint and the person accused are notified by emailed documentation of Title IX Office’s decision.
The findings of the investigation will be presented to administrators for Level 1 violations. A disciplinary review hearing will be held for Level 2 violations, if the accused does not accept responsibility, according to the Non-Academic Disciplinary Procedures document.
An investigation is not final until any and all appeals are made. The final result will be reported by the Title IX Office to “relevant parties,” meaning the complaint and accused, according to the webpage.
Both parties can appeal the results of the investigation. Appeals must be submitted to Title IX officers in writing within 10 business days after receiving the decision, according to the Non-Academic Disciplinary Procedures document. If new information arises after the 10-day period that wasn’t available during the investigation and adjudication process, an appeal can still be made if the reasoning for not appealing sooner is appropriately explained.
The school is permitted to publicly share the name and other identifying information about students found guilty of sexual misconduct after the investigation is finalized once appeals are made, according to the legal blog Campus Clarity.
Students who are found responsible for sexual misconduct and leave The New School during an investigation or complete their sanctions following the decision can appeal to have notations of the investigation removed from their transcript.
Faculty members’ complaints are investigated through multiple procedures.
According to the Sexual Harassment Policy, reports made by clerical union employees are “handled through the grievance machinery established in the collective bargaining agreement.” Faculty members filing reports of sexual harassment, discrimination, or abuse can meet with Jaus or Culter to discuss the incident, relevant policies, and next steps. During the investigation, the accused and witnesses will be interviewed, and the officials will “determine whether the University’s anti-discrimination policies were violated, and recommend appropriate disciplinary/corrective measures” upon the investigation’s conclusion.
The Title IX investigation into Emanuele Castano, the former New School for Social Research psychology co-chair who was accused of sexual misconduct with students, faced scrutiny because it did not reach a result. Castano resigned one day prior to the investigation’s conclusion, and the Title IX Office’s letter to the complainant stated that “in light of Professor Castano’s resignation, we consider this matter closed.”
AFTER THE INVESTIGATION:
The New School doesn’t offer many any online resources detailing what occurs after an investigation is finished and finalized.
Students found responsible for sexual misconduct will be sanctioned by verbal and written warnings, disciplinary probation, restrictions on using university facilities, housing relocation and/or suspension, and removal from the university temporarily or entirely.
If a student feels uncomfortable or unsafe around certain people or in certain places after the investigation, the Title IX Office can make arrangements to accommodate the student’s well-being.
Complaints can be filed with the Office of Civil Rights (OCR) even after the university finalizes its own investigation.
“Complaints can be filed online via email to the regional Department of Education, Office of Civil Rights office where your school is located,” according to the victims advocacy organization End Rape on Campus. The online form is available here.
In 2011, a then-Lang sophomore filed a complaint with the New York OCR after The New School’s Title IX investigation into her sexual misconduct claim was finalized. She believed the university mishandled her case and had retaliated against her for reporting. The OCR investigated The New School and found four out of five of her allegations to be unfounded, but by bringing her complaint to the governmental office, she ultimately prompted the university to rewrite its Title IX policy to be compliant with federal law.
Photo by Orlando Mendiola
