Sexual Misconduct

Title IX states "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under an educational program or activity receiving federal financial assistance".

Molloy is committed to a learning, working, and living environment where all members of the community feel safe and respected. Acts of sexual harassment are serious violations of our policies and our values. Any form of sexual misconduct will not be tolerated. Our policy aims to ensure that all members of the Molloy community can study and work together without being subjected to sexually inappropriate behavior. You may read the Molloy University's employee sexual misconduct policy here.

Affirmative Action is designed to ameliorate the present effects of prior discrimination as a result of which certain groups are under-represented in the College's working community. Under representation is an imbalance between those in the labor force who possess the relevant qualifications and their representation within the specific job category in the College. Read the full affirmative action policy.

The College is committed to compliance with all provisions of the Americans with Disabilities Act of 1991 and to ensure the fair treatment and consideration of persons with disabilities in all areas of employment. Read the complete policy here.

At Molloy University, all clubs, teams, and organizations must abide by the Anti-Hazing Rule, adopted by the Board of Trustees to govern public order on campus and throughout all Molloy properties. Familiarize yourself with the Molloy University anti-hazing policy.

An individual who may be, but who is not required to be, an attorney, that is selected by a Party or appointed by the University to aid the Party during the grievance process. Parties are permitted to be accompanied by the Advisor of their choice to any grievance process related meeting or proceeding. At a hearing conducted pursuant to 34 CFR § 106.45, such as a Process A hearing, Advisors are permitted to ask the other Party and any witnesses all relevant questions and follow-up questions, including those challenging credibility, on the Party’s behalf, as Parties are not permitted to personally conduct cross-examination. If a Party does not select an Advisor and a hearing pursuant to 34 CFR § 106.45 is required, the University will appoint an Advisor for that Party for the purposes of conducting cross-examination.

A knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding the willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.

The following six principles, along with the above definition, will be used to evaluate whether affirmative consent was given:

1. Consent to any sexual act or prior consensual activity between or with any Party does not necessarily constitute consent to any other sexual act.
2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
3. Consent may be initially given but withdrawn at any time.
4. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or by being asleep, being involuntarily restrained, or if an individual otherwise cannot Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent (In New York, a person under the age of seventeen cannot legally consent to sexual activity and is considered incapacitated).
5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
6. When consent is withdrawn or can no longer be given, sexual activity must stop.

A person who observes a crime, impending crime, conflict, potentially violent or violent behavior or conduct that is in violation of rules or policies of the University.

Unreasonable pressure, including emotionally or physically manipulative actions or statements, or direct implied threats, in order to compel the person to engage in sexual activity.

An individual who is alleged to be the victim of conduct that could constitute sexual misconduct or conduct that could constitute retaliation, as defined herein.

It is a Process B document filed by a Complainant (meaning a document or electronic submission (such as electronic mail) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint) or signed by the Title IX Coordinator alleging conduct that may constitute a violation of this Policy, other than Title IX sexual harassment, against a Respondent and requesting that the University investigate the allegation of misconduct. A Complaint initiates the formal Process B grievance process.

May be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. § 1092(f) and 20 U.S.C. § 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality. Even university offices and employees who cannot guarantee confidentiality will maintain privacy to the greatest extent possible. The information provided to a non- confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.

As defined by the Violence Against Women Act (VAWA) at 34 U.S.C. § 12291(a)(10), the term “dating violence” means violence committed by a person: who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of the relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

An action taken by the University against a Respondent who has completed either the informal resolution process or formal grievance process of Process A or Process B and was found responsible for a violation of the Sexual Misconduct Policy.

As defined by the Violence Against Women Act (VAWA) at 34 U.S.C. § 12291(a)(8), the term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

The written determination containing the information required in 34 CFR § 106.45(b)(7), as modified by any appeal by the Parties. A determination becomes a final determination either on the date that the University provides the Parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

Using physical violence and/or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance. The use of force to cause someone to engage in sexual activity is, by definition, non-consensual contact, and is prohibited.

It is a Process A document filed by a Complainant (meaning a document or electronic submission (such as electronic mail) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint) or signed by the Title IX Coordinator alleging Title IX sexual harassment against a Respondent and requesting that the University investigate the allegations. A Formal Complaint initiates Process A. At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the University’s education program or activity.

Process A and/or Process B, excluding any informal resolution process that may occur during either grievance process.

Presides over the hearing conducted during Process A and issues a determination as defined herein.

Presides over the hearing conducted during Process B and issues a determination as defined herein.

An informal grievance process available under certain circumstances as an alternative to completing a formal grievance process. Should a matter be eligible for informal resolution, Parties are permitted to enter the informal resolution process at any point prior to a determination of responsibility being reached. Both Parties must consent to the informal resolution process.

Implied threats that reasonably cause another to fear for his/her safety or well-being.

The individual(s) appointed by Molloy to investigate the allegations of sexual misconduct and/or retaliation. Investigators are also charged with creating an investigative report that fairly summarizes relevant evidence.

A directive prohibiting contact between or among designated individuals through any means, direct or indirect, including personal contact, email, telephone, text message, social media, or by means of a third Party. Continued intentional contact would be a violation of university policy subject to additional misconduct and/or retaliation charges.

An employee of the University who has the authority to institute corrective measures on behalf of the University. The mere ability or obligation to report sexual misconduct, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the University.

Refers to all Complainants and Respondents involved in a case. The singular term "Party" refers to any one of these individuals.

The standard to determine responsibility under the University’s Policy. This means that it is more likely than not that a violation of the Policy occurred.

May be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual more than necessary to comply with applicable laws or University policy.

A formal grievance process in accordance with 34 CFR § 106.45 that applies only to conduct that constitutes Title IX sexual harassment, as defined herein. Process A is initiated by the filing of a formal complaint, as defined above.

A formal grievance Process that applies to all sexual misconduct and related retaliation that does not constitute Title IX sexual harassment. Complaints of sex/gender-based discrimination and harassment that do not involve Title IX sexual harassment are covered by Process B. Process B is initiated by the filing of a complaint, as defined above.

Information brought to the attention of the Title IX Coordinator, whether verbal or written, by any person, and which references sexual misconduct, including sexual harassment. Such a report can be made at any time (including non-business hours) in person, by mail, by phone, or by electronic email to the Title IX Coordinator. A report is not the same as a complaint or formal complaint and will not initiate either Process A or Process B. A Party may make a report and then subsequently file a complaint or formal complaint.

Shall encompass the terms victim, survivor, Complainant, claimant, witness with victim status, and any other term used by the University to reference an individual who brings forth a report of a violation of the Policy. This may or may not be the same as the Complainant, a witness, or a bystander.

The individual alleged to have committed acts constituting sexual misconduct or retaliation, as defined herein, regardless of whether such individual has entered into the University’s formal grievance process for responding to complaints or formal complaints of sexual misconduct described herein.

A university employee who is required under this Policy to disclose knowledge of incidents of sexual misconduct or related retaliation by employees or students to the Title IX Coordinator. This definition encompasses virtually every University employee, including all faculty, staff, and administrators, except those who are acting as pastoral and professional counselors and non-professional counselors and advocates (The University does not have actual knowledge of knowledge and/or reports known only by a Responsible Employee who is not also an Official with Authority).

Includes any “sexual act” or “sexual contact.”

• A “sexual act” means (a) contact between the penis and the vulva or the penis and the anus where penetration occurs, however slight; (b) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (c) the penetration, however slight, of the anal or genital opening of another by hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (d) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;

• “Sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

as defined in 20 U.S.C. § 1092(f)(6)(A)(v) means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (“FBI”). These offenses are defined as follows:

• Sex Offenses: any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving
  • Rape – Completed [SRS Definition]: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This definition includes either gender of victim or offender. Sexual penetration means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, or by a sex-related object. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.
  • Rape (except statutory rape) [NIBRS Definition – to be used only when SRS is retired]: the carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Sodomy: oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Sexual Assault with an Object: to use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical An “object” or “instrument” is anything used by the offender other than the offender’s genitalia, e.g., a finger, bottle, handgun, stick.
  • Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
• Sex Offenses: unlawful sexual intercourse
  • Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape: sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.

Involves treating someone unfavorably because of that person’s actual or perceived sex. It occurs when, on the basis of sex, gender, sexual orientation, gender identity, including transgender status and/or gender expression, an individual or group is excluded from participation in, or denied the benefits of, any University program or activity, including admissions and employment.

Abuse or non-consensual use of another person’s sexuality or nudity without consent, for the perpetrator’s own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Specific conduct that constitutes sexual exploitation could, but does not necessarily, constitute Title IX sexual harassment as defined herein. Examples of sexual exploitation include but are not limited to:

• prostituting or causing the prostitution of another individual
• Voyeurism (such as non-consensual observation, photographing or video or audio recording of sexual activity of another individual or of another individual who is in a state of undress, or in a place and time where such person has a reasonable expectation of privacy, such as a bathroom or shower or changing room, without the individual’s consent)
• exceeding the boundaries of consent with another individual (such as permitting third Parties to secretly observe you engaging in sex acts with another individual)
• inducing or attempting to induce incapacitation in another individual for purposes of compromising that individual’s ability to give Affirmative Consent to sexual activity, such as by administering alcohol or drugs (such as “date rape” drugs) to another person without their knowledge or consent for the purpose of sexual activity
• employment of another individual or achievement related inducements
• knowingly exposing another person to a sexually transmitted infection or virus without the other individual’s knowledge
• disseminating, streaming, or posting sexual activity of any form on social media or any other public forum without permission from the other individual
• non-consensual texting of sexual activity or images of another individual
• distributing intimate sexual information about another individual

Unwelcome conduct based on an individual's actual or perceived sex/gender. It includes slurs, taunts, stereotypes, or name-calling as well as gender- motivated physical threats, attacks, or other hateful conduct. It occurs when one person harasses another person for reasons relating to their gender or the gender with which they identify. The harassment conduct, however, does not need to be based on anything of a sexual or sexual nature.

Has various definitions under state and federal laws. See Section VI in the Sexual Misconduct Policy.

A broad term that encompasses a wide range of prohibited behaviors and a term used to refer to any form of discrimination, including harassment, based on actual or perceived sex, gender, sexual orientation, gender identity, and/or gender expression, sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, and any other form of non- consensual sexual activity or related misconduct prohibited by this Policy, as well as retaliation as defined in the Sexual Misconduct Policy.

As defined by 34 U.S.C. § 12291(a)(30) means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.

Non-disciplinary and non-punitive individualized services provided by the University, free of charge, to Complainants and Respondents before or after the filing of a complaint (Process B) or formal complaint (Process A), or where no complaint or formal complaint has been filed. Supportive measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties or the University’s educational environment, or deter sexual harassment. Supportive measures can include various forms of services as set forth in Section XIII.

After you complete your report, you will be assigned a unique code called a “report key.” Write down your report key and password and keep them in a safe place. After 5-6 business days, use your report key and password to check your report for feedback or questions.

National Coalition of Anti-Violence Programs (dedicated to LGBTQ individuals) Call/Text: (212) 714-1141 
 
New York State Domestic Violence Hotline  
Call: (800) 942-6906 
Text: (844) 997-2121 
 
Asian Task Force Against Domestic Violence 
Call: (617) 338-2355 
 
Circulo de la Hispanidad, Inc – Project SALVA 24/7 Bilingual Domestic Violence Hotline Call: (516) 889-2849 
 
Gay Men’s Domestic Violence Project – 24/7 Hotline 
Call: (800) 832-1901 
 
Nassau County – Crime Victims Advocate Center  
Call: (516) 571-4967 
 
Suffolk County – Crime Victims Center  
Call: (631) 689-2672 or 24/Hour Line (631) 332-9234 
 
Victim Information Bureau of Suffolk (VIBS) Rape 24/Hour Confidential Hotline Call: (631) 360-3606