VAWA Amendments to Clery
THE LONG ISLAND BUSINESS INSTITUTE (LIBI) is
committed to creating and maintaining an educational environment free from all forms of sex discrimination, including sexual misconduct. Any act involving sexual harassment, violence, coercion, and intimidation will not be tolerated. Specifically, LIBI strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking. These acts have a real impact on the lives of victims. They not only violate a person’s feelings of trust and safety, but they can also substantially interfere with a student’s education. It is the policy of LIBI that, upon learning that an act of sexual misconduct has taken place, immediate action will be taken to address the situation and punish the perpetrator. This includes working with State and local law enforcement to bring possible criminal charges, seeking disciplinary action through the college, and enforcing mandatory transcript notifications so other institutions are on notice of the offense committed. LIBI encourages the reporting of sexual misconduct that is prompt and accurate. This allows the college community to quickly respond to allegations and offer immediate support to the victim. LIBI explicitly expects that any employee or other member of the LIBI community who receives a report of an incident of sexual misconduct will keep that report private to the extent permitted under the law and college policy. This means that the individual who receives the report regarding an incident of sexual misconduct may have to promptly report it to college officials, but will not broadcast the information beyond what is required by law and policy. All allegations will be investigated promptly and thoroughly, and both the victim and the accused will be afforded equitable rights during the investigative process. It is the collective responsibility of all members of the LIBI community to foster a safe and secure campus environment. In an effort to promote this environment and prevent acts of sexual misconduct from occurring, the college engages in ongoing prevention and awareness education programs. All incoming students and employees are required to participate in these programs, and all members of the college community are encouraged to participate throughout the year in ongoing campaigns and trainings focused on the prevention of sexual misconduct on campus.
Long Island Business Institute | Violence Against Women Act (VAWA)
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SCOPE OF POLICY WHO: This policy applies to all members of the LIBI community, including students,
faculty, staff, visitors, independent contractors, and other third parties who are on campus and involved in an incident of sexual misconduct (this can be someone who witnessed an incident or who wishes to report an incident on behalf of another). The policy applies to these parties regardless of sexual orientation or gender identity.
WHAT: This policy prohibits all forms of sexual misconduct. This broad term includes, but is not limited to, acts of sexual harassment, sexual violence, sexual coercion, sexual threats or intimidation, domestic violence, dating violence, sexual assault, stalking, and cyber-stalking. Students should refer to the Student Code of Conduct Section in the Student Handbook for a complete list of terms and prohibited acts. Employees should review the Employee Handbook for further explanation of terms and prohibited conduct.
WHERE: This policy covers conduct that takes place on the college campus. This in-
cludes any building or property owned or controlled by LIBI and used in direct support of, or in a manner related to, the school’s educational purposes, including public property within or immediately adjacent to and accessible from campus. Please see the Safety Report for a complete listing of Cleary-defined areas for each LIBI location.
PROGRAMS: This policy covers all educational, extracurricular, and other campus programs. ACTIVITIES: This policy covers all campus and school-related activities, including, but not limited to, student clubs and organizations (academic, multicultural, religious, service, support, social and recreational), community organizations with student and/or faculty participation, and all other educational or extracurricular events hosted by or at LIBI.
RELATIONSHIPS: This policy covers sexual misconduct occurring between individuals in various
types of relationships. These include, but are not limited to, student to student, staff to staff, faculty member to faculty member, visitor/contracted employee to faculty/staff, faculty member to student, staff to student, and supervisor to subordinate. Sexual misconduct may be acts committed by an individual or collective actions committed by members of a group or organization. These acts may be committed against an individual or against a group, club or organization. These acts may be committed by a stranger, an acquaintance, or someone with whom the victim has a social, romantic, or intimate relationship. These acts may be committed by or against any individual, regardless of sexual orientation or gender identity.
CONFIDENTIALITY: The college is committed to maintaining the privacy of all individuals involved
in a report of sexual misconduct. While the college encourages victims to report an incident of sexual misconduct, there are many options available for students to speak with someone about what happened while maintaining confidentiality. Please also see the Student and Employee Handbook sections on Reporting Procedures and Resources Available for Support.
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RESOURCES FOR IMMEDIATE ASSISTANCE The information below provides contacts for trained on- and off- campus advocates who can provide an immediate response in a crisis situation.
ON-CAMPUS TITLE IX COORDINATORS Catherine Crimi
Anna Venturino
Peter Agcaian
Nazaret Kiregian
136-17 39th Avenue, 4th Floor. Room A129 Flushing, NY 11354 347-368-1193 ext. 109 ccrimi@libi.edu
408 Broadway, 3rd Floor. Room 301 New York, NY 10013 212-226-7300 ext. 350 aventurino@libi.edu
408 Broadway, 2nd Floor. Room 310 New York, NY 10013 212-226-7300 ext. 353 pagcaian@libi.edu
6500 Jericho Turnpike. Suite 202 OFC 4 Commack, NY 11725 631-499-7100 ext. 13 nkiregian@libi.edu
Flushing Campus Annex Building
LIBI NYC
LIBI NYC
Commack Campus
OFF-CAMPUS OPTIONS FOR CONFIDENTIALLY DISCLOSING SEXUAL VIOLENCE LIBI wants you to get the information and support you need regardless of whether you would like to move forward with a report of sexual violence to campus administrators or to police. You may want to talk with someone about something you observed or experienced, even if you are not sure that the behavior constitutes sexual violence. A conversation where questions can be answered is far superior to keeping something to yourself.
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New York State Domestic and Sexual Violence Hotline: 1-800-942-6906 English & Español, Multi-Language Accessibility National Relay Service for Deaf or Hard of Hearing: 711
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New York City: 1-800-621-HOPE (4673) / 311, 1-866-604-5350 (TTY)
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National Domestic Violence Hotline: 1-800-799-7233 / TTY 1-800-787-3224. http://www.thehotline.org
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Rape, Abuse & Incest National Network (RAINN): 1-800-656-HOPE (4673)
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Safe Phone Helpline (sexual assault support for the DoD community): 1-877-995-524
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Safe Horizon stalking victims’ hotline (assessment & referrals provided): 1-866-689-4357
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The New York State LGBTQ Domestic Violence Network hotline: 212-714-1141 24-hour bilingual (English/Spanish) help. Hotline calls are free and confidential. http://www.avp.org
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SEEKING MEDICAL ATTENTION You may also call the National Sexual Assault Hotline at FOR IMMEDIATE 800.656.HOPE (4653) to be referred to an appropriMEDICAL ATTENTION ate local health facility that can care for survivors of sexual CALL 911 assault. This organization can also send an advocate to help walk victims through the process of receiving medical care during this tough time. It is best for the victim not to shower or cleanse after the sexual misconduct and to avoid showering or bathing before arrival. If the victim is able to, a change of clothes should be brought to the medical exam.
CONFIDENTIALITY AND REPORTING PROTOCOL If a crime of sexual misconduct has occurred, including dating violence, domestic violence, sexual assault, or stalking, LIBI encourages accurate and prompt reporting of these crimes to the Title IX Coordinator or State and local police agencies. However, LIBI recognizes that it can be difficult for a victim to come forward after such an event, and there are several options available for students who wish to maintain confidentiality while getting the support they need. Different employees on campus have different abilities to maintain a victim’s confidentiality:
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Non-professional counselors and advocates: These employees may talk to a victim in confidence, and generally only report to the College that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not trigger a College investigation into an incident against the victim’s wishes.
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Responsible Employees: These employees are required to report all the details of an incident (including the identities of both the victim and accused) to the Title IX coordinator. A report to these employees (called “responsible employees”) constitutes a report to the College—and generally obligates the College to investigate the incident and take appropriate steps to address the situation.
WHO ARE THE RESPONSIBLE EMPLOYEES I CAN TALK TO? FLUSHING CAMPUS: 136-18 39th Avenue. 5th Floor. Flushing, NY 11354 Connie Zheng
Jhonatan Aybar
718-939-5100 ext. 149 szheng@libi.edu
718-939-5100 ext. 111 jaybar@libi.edu
Registrar
Executive Assistant to the President
LIBI NYC: 408 Broadway. 2nd Floor. New York, NY 10013 Kai Mah
IT Manager
212-226-7300 ext. 343 kai.mah@libi.edu
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Long Island Business Institute | Violence Against Women Act (VAWA)
COMMACK CAMPUS: 6500 Jericho Turnpike. Commack. NY 11725 Sheila Baldwin
Administrative Assistant
631-499-7100 ext. 10 sbaldwin@libi.edu
IS THERE A CONFIDENTIAL ADVOCATE AT LIBI? Non-Professional Counselors & Advocates Non-professional counselors and advocates: These employees may talk to a victim in confidence, and generally only report to the College that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not trigger a College investigation into an incident against the victim’s wishes. A victim who at first requests confidentiality may later decide to file a complaint with LIBI or report the incident to local law enforcement, and thus have the incident fully investigated. These non-professional-counselors and advocates will provide the victim with assistance if the victim wishes to do so. Following is contact information for these non- professional counselors and advocates: FLUSHING CAMPUS: 136-18 39th Avenue. 5th Floor. Flushing, NY 11354 Karin Chang Advising Office
718-939-5100 kchang@libi.edu LIBI NYC: 408 Broadway. 2nd Floor. New York, NY 10013 Peter Agcaian
Maritza Waknine
212-226-7300 ext. 353 pagcaian@libi.edu
212-226-7300 mwaknine@libi.edu
Dean of Academic Programs and Assessment
LIBI Faculty
COMMACK CAMPUS: 6500 Jericho Turnpike. Commack. NY 11725 Michelle Houston
Assistant Campus Director - LIBI Commack
631-499-7100 mhouston@libi.edu
EMPLOYEE ADVOCATE: Victims who are LIBI employees and wish to report an incident confidentially may speak to: Peter Agcaian
Dean of Academic Programs and Assessment
212-226-7300 ext. 353 pagcaian@libi.edu
Non-professional counselors or advocates can typically maintain confidentiality but should not be considered completely confidential resources because, under certain circumstances (including, for example, in cases of immediate danger or when an individual is a threat to him or herself or others, or in cases of mandatory reporting of child abuse), these individuals must make appropriate notifications. Additionally, there may be instances when after learning the nature of the incident, the Title IX Coordinator may determine that the request for confidentiality cannot be honored due to the severity of or seriousness of the incident.
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PRIVACY VERSUS CONFIDENTIALITY All LIBI employees, even though they cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to any LIBI employee will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible under the law for tracking patterns and spotting systemic issues. LIBI will limit the disclosure as much as possible, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.
ANONYMOUS DISCLOSURE A student may call the Provost anonymously at 212-226-7300 to talk about the situation and find out information about the student’s options. The student should simply tell the Provost that he or she would prefer not to give his or her name. The student can talk confidentially with Provost Johnson, and disclose as much or as little information as the student would like to. The student may also complete a Sexual Assault Anonymous Report and drop it into the white drop box located by the libraries at all three LIBI locations. If you wish to report an incident electronically you may do so by e-mailing safe@libi.edu. This email is only a reporting mechanism. Intervention, resources and referrals will be difficult or not possible unless the email contains contact information. All members of the LIBI community are strongly encouraged to submit suggestions, questions, or concerns regarding safety at LIBI by e-mailing safe@libi.edu. LIBI strongly encourages anyone experiencing domestic violence or sexual assault to contact the New York State Hotline for Sexual Assault and Domestic Violence: 1-800-942-6906.
INSTITUTIONAL CRIME REPORTING Reports of certain crimes occurring in certain geographic locations will be included in the LIBI Clery Act Annual Security Report in an anonymous manner that neither identifies the specifics of the crime or the identity of the victim/survivor. The individuals responsible for compiling the security report are: ON-CAMPUS TITLE IX COORDINATORS: Catherine Crimi
Anna Venturino
Nazaret Kiregian
136-17 39th Avenue, 4th Floor. Room A129 Flushing, NY 11354 347-368-1193 ext. 109 ccrimi@libi.edu
408 Broadway, 3rd Floor. Room 301 New York, NY 10013 212-226-7300 ext. 350 aventurino@libi.edu
6500 Jericho Turnpike. Suite 202 OFC 4 Commack, NY 11725 631-499-7100 ext. 13 nkiregian@libi.edu
Flushing Campus Annex Building
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LIBI NYC
Commack Campus
Long Island Business Institute | Violence Against Women Act (VAWA)
DEPUTY COORDINATORS: Jhonatan Aybar
Executive Assistant to the President
136-18 39th Avenue, 5th Floor. Flushing, NY 11354 347-368-1193 ext. 111 jaybar@libi.edu LIBI is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the victim/ survivor). A victim/survivor will never be identified in a timely warning.
VICTIMS OF CAMPUS SEXUAL ASSAULT: STATEMENT OF PRINCIPLES AND RIGHTS Sexual Violence Victim/Survivor Bill of Rights.
TIMELY WARNINGS AND EMERGENCY NOTIFICATIONS Timely Warnings shall be issued whenever a Clery Crime that is considered to represent a serious or continuing threat to students and employees is reported a local police agency and has occurred within LIBI’s Clery designated geographical area. Whenever a timely warning is sent it may be sent to the entire Campus Community or to the relevant population if technology allows. Emergency Notifications will be issued when a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurs on the campus. Emergency notifications will be issued without delay unless doing so would compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency.
An immediate notification for a confirmed emergency or dangerous situation may not be issued if doing so will compromise efforts to: assist a victim, contain the emergency, respond to the emergency, or otherwise mitigate the emergency.
HOW TO HELP AS A BYSTANDER Please refer to the Student Code of Conduct and the Student Handbook for a complete description of LIBI’s safety policies and procedures. Educating and engaging bystanders are effective ways to help prevent acts of sexual misconduct. Bystanders can help in several different ways, including direct intervention, seeking assistance from an authority figure, notifying the security guard or campus personnel, or calling 911. LIBI offers ongoing training programs to help members of the community feel comfortable safely intervening should they witness an incident or a risky situation on campus. Through consistent awareness and education efforts LIBI expects all members of the campus community to know how to take reasonable and prudent actions to prevent harm or to intervene if someone is at risk of being assaulted.
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POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY The health and safety of every student at the Long Island Business Institute (LIBI) is of utmost importance. LIBI recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. LIBI strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to LIBI’s officials or law enforcement will not be subject to LIBI’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
IF YOU SEE AN ACT OF SEXUAL MISCONDUCT It is important to understand that no individual has the right to be violent, regardless of whether people are in a relationship. Recognizing that an act of sexual misconduct is occurring is the first step to intervention. LIBI offers ongoing campus education and training programs to help members of the LIBI community recognize sexual misconduct is taking place. If you make the decision to intervene, do so safely— without increasing risk of harm to yourself or the potential victim. The key concept to keep in mind is that violent acts do not stop violence. If you cannot stop what is happening with your words, call 911 or immediately seek the help of a LIBI employee. Alert other students and ask them to obtain the assistance of campus personnel or to call 911. LIBI endorses the Rainn.org model of bystander intervention summarized by:
A good friend knows how to CARE.
C reate a distraction. A sk directly. R efer to an authority. E nlist others. DEFINITION OF AFFIRMATIVE CONSENT Affirmative consent is a clear, unmistakable, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. This definition of consent applies to everyone
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Long Island Business Institute | Violence Against Women Act (VAWA)
irrespective of the participant’s sex, sexual orientation, gender identity or gender expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
NY EXPANDS ‘YES MEANS YES’ POLICY TO PRIVATE COLLEGES The new law contains a “yes means yes” definition of consent that requires a clear, affirmative agreement between partners. It also creates a victim’s bill of rights and boosts training for law enforcement, faculty and students. The new law also provides for a victim’s bill of rights that guarantees students the right to report any incident to campus police or local law enforcement. The law also creates a uniform reporting system to ensure each campus accurately reports cases of sexual violence to the state. It also includes provisions that give students who report sexual violence immunity from any student disciplinary actions relating to alcohol or drugs.
WHAT WILL LIBI CONSIDER STALKING? Students will be considered to be in violation of LIBI’s anti-stalking policy if the student engages in any acts (two or more times) that directly, indirectly or through third parties harass, annoy, threaten, intimidate, cause fear, or alarm another student or member of the LIBI community. The term stalking means intentionally engaging in a course of conduct, directed at a specific person, which is likely to causes a reasonable person to fear for his or her safety or the safety of others (a member of such person’s immediate family or a third party with whom such person is acquainted) or cause that person to suffer substantial emotional or mental health harm. Some examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means (cyberstalking), with such person(s) in a manner likely to harass, intimidate, annoy, creates a nuisance or alarm. LIBI also considers any behavior that is likely to cause someone to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, to be stalking. More information...
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WHAT DOES LIBI CONSIDER DOMESTIC VIOLENCE AND WHY DOES LIBI GET INVOLVED? Domestic violence is any violent felony or misdemeanor crime committed by a current and/or former spouse and/or intimate partner of the victim. An intimate partner includes: • persons legally married to one another; • persons formerly married to one another; • persons who have a child in common, regardless of whether such persons are married or have lived together at any time; • couples who are in an intimate relationship, including but not limited to, couples who live together or have lived together, or persons who are dating or who have dated in the past, including same sex couples. An act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act. All Colleges and Universities in the US have the responsibility to provide positive leadership regarding the conduct of its students and employees. All Higher Education institutions are responsible for implementing the Violence Against Women Act (VAWA) on their campuses. VAWA is a federal legislation that seeks to improve the criminal justice and community-based responses to domestic violence, dating violence, sexual assault and stalking in the United States. Independent of the federal regulation mandates, LIBI is committed to the promotion of safety and respect within the campus community and to the support of those who are in need of help. National statistics show that 1 in 5 women will be victim of a sexual assault during her college career. LIBI finds these statistics alarming and believes that the problem of sexual assault needs to be addressed directly by the community. LIBI is involved to provide the students and employees tools to learn about resources and ways to help prevent sexual assault, and if necessary, to know how and where to seek help.
WHAT BEHAVIOR OR ACTIONS WILL LIBI CONSIDER TO CONSTITUTE SEXUAL ASSAULT? In its simplest definition, sexual assault is unwanted sexual contact. Sexual assault includes the act of rape (oral, anal, or vaginal intercourse without consent) or forced penetration by a foreign object (including a finger). It also includes non-penetrating acts such as touching an unwilling person’s sexual parts (e.g. breast, buttocks, genitalia), naked or through clothing, or forcing an unwilling person to touch another’s sexual parts. Force includes the use of physical aggression, threats of physical aggression, or sexual contact with a person who is unable to consent (e.g. unconscious, too intoxicated to consent, asleep, etc.).
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Non-forceful coercion can also be used, for example, threatening to reveal secrets, to tell others that the victim and perpetrator had sexual intercourse, to fire an employee or fail a student (these cases also fit the definition of sexual harassment) or threatening the victims friends or family members are all forms of coercion.vvv
WHO COMMITS A SEXUAL ASSAULT? Sexual assault can be committed by someone the victim doesn’t know OR by someone the victim knows well. Statistics show that majority of reported rape and sexual assault crimes are committed by someone the victims know (friends, acquaintances, dates, romantic partners, and spouses or domestic partners).
WHO ARE VICTIMS OF SEXUAL ASSAULT? “Sexual assault affects many lives—both directly and indirectly. It can span age, sexual orientation, religion and gender, and affects people of all socioeconomic backgrounds and education levels. A 2010 study by the Centers for Disease Control found that:
• One in five women are raped in their lifetime in the United States—almost 22 million women. • One in 71 men are raped in their lifetime, or approximately 1.6 million men affected in the United States.”
See more at: http://www.joyfulheartfoundation.org/learn/sexual-assault-rape/about-issue Unfortunately, many people often make the mistake of associating rape with something that only happens to women. Even though the Violence Against Women Act (VAWA) implies that it protects only women, it in fact applies to everyone. The stark reality is that both men and women are sexually assaulted, as are people of every ethnicity, age, culture, religion, economic background, sexual orientation, or sexual identity.
WHAT DOES LIBI CONSIDER DATING VIOLENCE? Dating violence is any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. LIBI will consider two people to be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary socializing between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the nature and length of the relationship and the frequency of interaction between the persons involved in the relationship.
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IF I WASN’T SERIOUSLY HURT, IS IT STILL SEXUAL ASSAULT? YES. Any form of sexual contact forced upon you by someone against your will is illegal, and violates LIBI’s student code of conduct. Even if you have been in a sexual relationship with that person in the past, or are currently in a sexual relationship with that person, but you don’t wish to go past certain limits, any violation of your will is considered non-consensual sexual activity. Some other examples may include:
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A stranger grabs your breast at a party or in a bar. A date insists that you have sex even after you tell them you don’t want to. Your romantic partner of 4 years forces you to have sex. Someone gets you drunk or slips a rape drug into your drink in order to get you to have sex with them.
CAN A SEXUAL ASSAULT OCCUR BETWEEN TWO PEOPLE OF THE SAME SEX? YES. Women can be raped or sexually assaulted by their female partners or dates, and men can be assaulted by their male partners or dates. Survivors of same-sex date rape have to deal with the same issues as survivors of opposite-sex date rape, with the addition of concerns about homophobic responses from others and beliefs that same-sex partners cannot sexually assault each other. These additional issues make it all the more important for LGBT survivors to find support in helping them to recover and cope with the trauma of having been sexually assaulted. Members of the LGBTQ experiencing intimate partner violence, domestic violence, dating violence, or stalking are urged to contact: The New York City Anti-Violence Project 116 Nassau Street, 3rd Floor New York, NY 10038 Hotline: 212-714-1141 (24-hour hotline) Office: 212-714-1184 www.avp.org The New York State Lesbian, Gay, Bisexual, Transgender & Queer Domestic Violence Network (“The Network”) is a statewide, multidisciplinary group of direct service providers, community-based agencies, advocates, educators, policy makers, and funders who are working on behalf of LGBTQ communities affected by domestic violence. If you have witnessed or experienced violence, please consider calling the 24-hour bilingual (English/ Spanish) AVP hotline at 212-714-1141, where you can speak with a counselor. You can also use the confidential online reporting form at www.avp.org. If you have experienced sexual violence, it is not your fault. If possible, consider medical attention or getting counseling after any incident; violence can create many physical and emotional issues that you may not be able to handle by yourself or in isolation.
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THINGS TO REMEMBER: • If you experience an incident of domestic violence, dating violence, intimate-partner violence, or
stalking, document the incident (take photos of any injuries; keep records of emails, texts, calls).
• If you were using alcohol or drugs when you experience sexual violence, it is NOT your fault. • If you attend a party with friends or people you don’t know, it is NOT your fault if your drink is drugged.
• If you consent to one sexual act with someone, it is NOT okay for that individual to assume you’re consenting to all or any other sexual acts with that person.
• If you consent to a sex act, you can change your mind at any moment and communicate that in
any way that works for you—no matter how far you’ve gone. Negotiating consent can be fun, sexy, and a way to explore what sex acts you’re comfortable with. Remember that everyone involved in a sex act decides for themselves when to give or take back consent, and can do so at any time. Some people create a safeword to let their partners know they want a scene or sex act to stop, which is taking back consent. If you and your partners agree to a safeword, but when you use it, your partners don’t stop, that is coercion and not consent. • If you decide to spend time with someone you don’t know well or you haven’t met before, it is NOT your fault if unwanted sexual acts happen. • If you are in a relationship, you can still say “no” to any sex acts, and it is NOT your fault if you experience sexual violence.
PERSONAL SAFETY REQUIRES SMART PLANNING • Before you go out, let someone you trust know your plans for the evening (who are you meeting, • • • • • • •
the location where you plan on being, the phone number of the person you are meeting, and your plans for the evening). Pick a “safety team” and establish a “standing plan” for safety. Be sure to set up a clear plan of what will happen if you ever feel unsafe and need to contact your safety team – will they alert the police? Will they come to you? Choose a safety word you can text or tell your safety team or a trusted friend. Consider arranging a time to check in with your safety team or a trusted friend to let them know you are safe. Agree on your plan before you go out. Use your technology to create a trail. Text yourself or your safety team where you’ll be or where you are throughout the night. Save messages on social media you like to use. Make sure your cell phone is with you and charged before you go out. Be aware of your surroundings and keep in mind that incidents can occur anywhere -- including crowded places, in restrooms, and trains. Be aware of others in the vicinity and stay near the exit where possible. Try to avoid isolated areas. Always meet a date in a public space. Don’t be afraid to make up a reason to leave if you don’t feel comfortable. Don’t be afraid to hurt the person’s feeling; being scared or in danger is more than sufficient reason to cut your date short! Trust your instincts: If you feel threatened or unsafe at any point, leave the area as quickly as possible.
• Accept only closed containers and be sure to always open your drink containers yourself. Never leave your drinks unattended.
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You can say no: No matter who initiates or how far you’ve gone, you can stop at any time for any reason.
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ADDITIONAL RESOURCES FOR NEW YORK CITY • Barrier Free Living: 212-677-6668 • Day One (Serves people up to 24 years of age): 212-566-8120 1-800-214-4150 (Helpline) • GRIOT Circle: 718-246-2775 • LGBT Bar Association of Greater New York: 212-353-9118 • New York City Anti-Violence Project: 212-714-1184 / 212-714-1141 (24-hour hotline) • The Safe Homes Project: 718-499-2151 (Hotline) • Safe Horizon: 212-577-3891 • Sanctuary for Families: 212-349–6009
WHAT SHOULD I DO IF I BELIEVE I HAVE BEEN SEXUALLY ASSAULTED? It is normal to feel lost, desperate, confused, or angry in moments of crisis, such as when a rape, or sexual assault occurs; the one thing to remember, however, is that help is available to you. If you were raped or sexually assaulted, or believe you were, speak to one of the advocates listed in the beginning of this document as soon as you can. The advocate will assist you in finding appropriate counseling help, connect you to health or mental health assistance, connect you with victim advocacy groups and legal assistance, and if applicable to your situation, assist you with finding advocacy organizations that can help you with your visa and immigration. This individual will also assist you with class schedule changes and student financial aid, if necessary. The advocates will determine if other services available for victims, both within the institution and in the community, would be beneficial for you. If you don’t feel comfortable talking to someone face-to-face there are anonymous hotline listed in this document. The organizations listed in this document will not contact LIBI.
HOW LONG DO I HAVE TO REPORT A SEXUAL ASSAULT? It is understandable that you may be unwilling to relive the trauma of a sexual assault after it happens, but it is critical that you seek assistance as soon as possible. A survivor can report the assault at any time after it happens; however, the time frame for evidence collection in NY State is 96 hours. Even if the 96 hour time frame elapses, it is very important that you report the sexual assault to ensure your own safety and the safety of others. Reporting sexual assault incidents helps survivors with the recovery process.
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WHAT IF I DON’T WANT THE COLLEGE TO KNOW ANYTHING ABOUT MY SEXUAL ASSAULT? It’s normal for survivors to feel a wide range of emotions after the assault. Some individuals internalize the pain and feel guilt or shame while others feel angry or desperate. A sexual assault is a deeply emotional and physical violation and each survivor handles it differently. The key in these crisis situations is to get the survivor help and on the road to recovery. If you don’t feel comfortable speaking to any of the college designated individuals, please reach out to one of the anonymous help centers mentioned in this document. There are resources available for you. YOU ARE NOT ALONE. Below are a few key helplines:
• National Child Abuse Hotline: 1-800-422-4453
www.childhelp.org
REMEMBER, IN AN EMERGENCY, CALL 911 !
• National Domestic Violence Hotline: 1-800-799-7233 or (TTY) 1-800-787-3224
www.thehotline.org
• Rape, Abuse & Incest National Network: 1-800-656-4673 www.rainn.org
• National Teen Dating Abuse Helpline: 1-866-331-9474
www.loveisrespect.org
• National Suicide Prevention Lifeline: 1-800-273-8255
www.suicidepreventionlifeline.org
• WomensLaw.org: Provides legal information and support to victims of domestic violence and
sexual assault. www.womenslaw.org
WHAT HAPPENS AFTER I ALERT LIBI? LIBI will conduct a timely review of all complaints of sexual harassment, nonconsensual sexual contact, non-consensual sexual intercourse and/or penetration, nonconsensual physical violent contact during consensual sexual contact, domestic violence, dating violence, and/or stalking. Absent extenuating circumstances, review and resolution is expected to take place within sixty (60) calendar days from LIBI’s receipt of the complaint. Complainant(s)/Respondent(s) will be given timely notice of any substantial meetings regarding the complaint.
PRELIMINARY REVIEW: Absent extenuating circumstances LIBI will usually conduct any necessary interviews/investigations and put in place any necessary interim measures, within twenty (20) calendar days of receipt of the complaint. The specific interim measures implemented and the process for implementing those measures will vary depending on the facts of each case. Number of factors in determining what interim measures to take, including, for example, the specific need expressed by the complainant; the age of the students involved; the severity or pervasiveness of the allegations; any continuing effects on the complainant; whether the complainant and alleged perpetrator share classes, transportation, or job location; and whether other judicial measures have been taken to protect the complainant (e.g., civil protection orders).
Long Island Business Institute | Violence Against Women Act (VAWA)
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COMPREHENSIVE REVIEW: Absent extenuating circumstances the subsequent, LIBI will usually conduct a comprehensive review and investigation of the complaint, including interviews with all involved parties and evidence gathering, within thirty (30) calendar days of receipt of the complaint. Once the Comprehensive Review is completed a written outcome will be produced and issued within forty (40) calendar days of receipt of the complaint. Absent extenuating circumstances, formal notice of charges are typically issued within forty (40) calendar days of receipt of the complaint.
SPECIAL NOTE: WAIVERS Following receipt of a notice of charges, a student may elect not to contest the charges and to accept responsibility for them. If this election is made, the student must sign a waiver of their right to a hearing, and must accept the sanction(s) imposed by LIBI. The decision to waive a hearing and accept the sanction is final and not appealable. The Hearing/Review Panel will typically occur within fifty (50) calendar days of the initial complaint. Concurrent written notice of the outcome/result of the complaint and the rationale for the result and sanctions will be provided to both the complainant and the respondent. The complainant and respondent will also receive:
• notice of the appeal procedures, • any possible changes to the outcome/results that may occur before it becomes final, • dates of when the outcome/result becomes final. SPECIAL NOTE: TIME FRAME EXTENSIONS AND APPEALS All deadlines and time frames referenced in LIBI’s Student Code of Conduct may be extended for good cause as determined by the President of the College, Dean of Administration, the Provost or appropriately qualified designee. In all cases, both the respondent and the complainant will be notified in writing of the delay, the reason for delay, and will be provided the date of the new deadline or event. Extension requests by either the complainant or respondent will not be longer than 3 business days.
BURDEN OF PROOF The standard used by the hearing panel is the “the preponderance of the evidence” or “more likely than not” standard. The burden of proof in all cases is whether it is “more likely than not” that the sex discrimination, dating violence, domestic violence, sexual assault, or stalking occurred.
HOW IS LIBI’S HEARING PANEL DIFFERENT FROM CRIMINAL COURT? LIBI’s code of conduct and conduct hearing panels are completely independent of criminal proceedings, and procedures under both can take place concurrently. The hearing panel serves an administrative function and determines whether a transgression or violation of LIBI’s code of conduct has occurred. Unlike the criminal court, LIBI’s hearing panel does not use technical “rules of evidence” and requires lower standards of proof to reach a conclusion.
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www.LIBI.edu FLUSHING (Main Campus)
MANHATTAN
COMMACK
136-18 39th Ave. 5th Floor Flushing, NY. 11354 Phone: 718-939-5100 Fax: 718-939-9235
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6500 Jericho Turnpike Commack, NY. 11725 Phone: 631-499-7100 Fax: 631-971-0113