MSM Title IX/Sexual Misconduct Policy

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Preventing sexual harassment, gender-based harassment, dating violence, domestic violence, stalking, and sexual assault at Manhattan School of Music

Download a printable PDF of this webpage here.

Introduction

Manhattan School of Music complies with Title IX of the Higher Education Amendment of 1972 which prohibits discrimination on the basis of sex and gender in educational programs and activities. Title IX states as follows:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

Equal educational opportunity has been and will continue to be a fundamental principle at Manhattan School of Music.

Acts of sexual misconduct, as defined in this Policy, are considered a form of sex and/or gender discrimination prohibited by Title IX and this Policy. This Policy specifically addresses sexual harassment, gender-based harassment, sexual misconduct, domestic violence, dating violence, and stalking.

For more information regarding the School’s prohibition against discrimination on the basis of sex, race, color, religion, sexual orientation, age, national origin, marital status, citizenship, disability, and other characteristics protected by law, please visit MSM’s Equal Employment and Educational Opportunity Policies.

The School is committed to creating an environment in which students feel safe to focus on their education and their art.

It is our goal to:

  • Provide educational and preventative programs to minimize the occurrence of sexual misconduct
  • Provide needed support to individuals who have been impacted by sexual misconduct
  • Provide prompt and equitable investigation into allegations.

The United States government and Manhattan School of Music consider sexual misconduct and sexual harassment to be forms of sex discrimination.

Manhattan School of Music does not discriminate on the basis of sex (or any other protected category) in its employment or education.

Students who believe they have been subjected to violations of this Policy are encouraged to report these incidents so that the Institution can provide needed support and take steps to protect the community.

The Title IX policy is explained in detail on this page, and outlines procedures for making a report, including one that’s anonymous or confidential.

Sexual harassment, sexual misconduct (including sexual assault), domestic violence, dating violence, and stalking can be experienced by individuals regardless of gender or other personal characteristics. Manhattan School of Music is committed to addressing sexual violence on behalf of all members of the student community.

Meet our Title IX coordinator at MSM

In compliance with Title IX, Carol Matos, Vice President for Administration and Human Relations, is MSM’s designated Title IX Coordinator, who ensures compliance with Title IX.

Questions?

Manhattan School of Music is committed to addressing sexual violence on behalf of all members of the student community.

Jurisdiction

It doesn’t matter whether the incident or incidents happened on campus or off; if you are a Manhattan School of Music student and you have experienced sexual misconduct, we want to help.

Confidential and Anonymous Reporting

All MSM employees will treat reports of sexual misconduct as confidentially as possible; however, most personnel are required to report incidents they learn about to the Title IX Coordinator.

The exceptions are the Campus Health Nurse and the counseling staff, who are not required under Title IX to report the name and/or other identifying information about an alleged victim to the Title IX Coordinator.

Note: The School’s Campus Health Nurse and counselors are subject to Mandated Reporter requirements under New York State Law regarding abuse or maltreatment of persons under the age of eighteen.

How to reach MSM’s Campus Health Nurse or other school counselors

Please visit MSM’s Campus Health Nurse in Room 105, or connect via email campushealth@msmnyc.edu, and or phone: (917) 493-4278.

Our school counselors work in Room 104 and Room 106.  Connect with any of them by email to arrange an appointment during business hours:

You can make an anonymous sexual misconduct report with the School’s Campus Health Nurse or counseling counseling staff, or  you may fill out our anonymous on-line Sexual Misconduct Report Form.

For more information about MSM’s commitment to a harassment-free environment, please read  the School’s Equal Employment and Educational Opportunities Policy.

For a full description of New York State Law about sexual assault, including penalties under the law, see the 2017 MSM Annual Campus Security Report.

Prohibited by the Title IX policy:

Sexual harassment, gender-based harassment, sexual misconduct (including sexual assault and sexual violence), dating violence, domestic violence, and stalking are prohibited by this Policy. Any acts of retaliation or intimidation are also prohibited.

Immediate Assistance Resources for Students Who Experience Sexual Misconduct

If you believe you are a victim of violence, get to a safe place, and get help!

Further assistance for victims of all forms of sexual misconduct is available from:

  • The Dean of Students, Director of Student Engagement, or Director of Residence Life
  • Crime Victims Treatment Center, 40 Exchange Place Suite 510, (212) 523-4728
  • MSM’s Campus Health Nurse located in Room 105 and Counseling Staff located in Room 104 and 106 in the Main Building
  • Safe Horizon Sexual Assault 24-Hour Hotline at (866) 689-HELP (Safe Horizon offers 57 victims’ services program locations throughout New York City.)
  • National Domestic Violence Hotline at 1-800-799-7233
  • National Teen Dating Abuse Helpline at 1-866-331-9474
  • Stalking Resource Center at 1-202-467-8700
  • The New York State courts. For instructions regarding filing an Order of Protection in New York State go to: www.nycourts.gov/faq/orderofprotection.shtml
  • Center for Changing our Campus at www.changingourcampus.org

The School wants to help you. The counselors, the Campus Health Nurse, the Student Affairs staff, and the Title IX Coordinator can answer questions, assist in connecting you to resources, and provide moral support!

Where to File a Report Alleging a Violation of this Policy:

Students who believe they have experienced an incident of sexual misconduct, domestic violence, dating violence, or stalking may choose to report to the School and/or to law enforcement, or may choose not to make a report.

As noted above, allegations may be reported anonymously or confidentially to the Campus Health Nurse or counseling staff during office hours, or via the Sexual Misconduct Report Form: www.msmnyc.edu/sexual-misconduct-report-form (See note above).

MSM offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information students provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution. Students, faculty and staff can report an incident even if they are not the victim in order to make the School aware of the misconduct. If an individual discloses information through a public awareness event such as candlelight vigils, protests, or other public event, the institution is not obligated to begin an investigation based on such information. The institution may use the information provided at such an event to inform its efforts for additional education and prevention.

Allegations of violations of this Policy may be made to the Title IX Coordinator, Carol Matos, Vice President for Administration and Human Relations: cmatos@msmnyc.edu or (917) 493-4450. The Title IX Coordinator will handle all matters brought to her attention in as confidential a manner as possible. A victim who makes a report may choose not to participate in the MSM Sexual Misconduct Resolution process (outlined below), and will never be forced to do so. However, the Title IX Coordinator may choose to investigate the report to the extent possible without that cooperation, if she, in consultation with others, believes not to do so would pose a danger to the community or violate Title IX or MSM policy. A complainant may withdraw a complaint and/or his or her involvement in the MSM Title IX process at any time.

Emergency access outside of business hours

MSM provides emergency access to a trained official, the Director of Residence Life, when a student needs assistance outside of regular business hours. She/he can be reached at (917) 376-2418 or (917) 683-7864 at any time and can help students understand their options and their rights. Tell whoever picks up the phone that you wish to speak to the Director of Residence Life about a Title IX matter.

Students who wish to report a violation of this Policy may also approach any employee of Manhattan School of Music, including any faculty member or administrator — including the Student Affairs staff, the Provost, etc. — to make an allegation of sexual misconduct. In accordance with the requirements of Title IX, all College employees other than the Campus Health Nurse or the counseling staff are “responsible employees” who must report the allegation to the Title IX Coordinator.

It doesn’t matter whether the incident or incidents happened on campus or off; if you are a Manhattan School of Music student and you have experienced sexual misconduct, we want to help.

MSM 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.

MSM strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to School officials. A bystander acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to MSM’s officials or law enforcement will not be subject to MSM’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.

In addition, at a Complainant’s request, the School will review any disciplinary actions taken against the Complainant to see if there is a connection between the incident of sexual misconduct, domestic violence, dating violence, or stalking and the misconduct that may have resulted in the Complainant being disciplined (e.g., absence from class).

Filing a report with the NYPD

Students may also wish to file a report with the New York City Police Department or other local law enforcement agency, or may want to seek an order of protection. The MSM system for responding to allegations and the police/criminal justice system work independently. Thus, students can file a report with either or both institutions. Because the standards for finding a violation of criminal law are different from the lower standards of proof which colleges and universities are required to follow, findings in one system are not necessarily going to be the same as the findings in another. The School will investigate alleged or suspected violations of this Policy regardless of whether a victim chooses to pursue a criminal complaint.

www.knowyourix.org

New York State Sexual Misconduct Student Bill of Rights

All students have the right to:

  1. Make a report to local law enforcement and/or state
  2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.
  3. Make a decision about whether or not to disclose a crime or violation and to participate in the judicial or conduct process and/or criminal justice process free from pressure by the Institution.
  4. Participate in a fair and impartial process that provides adequate notice and a meaningful opportunity to be
  5. Be treated with dignity and to receive from the Institution courteous, fair and respectful health care and counseling services where (Note: MSM has a Counseling Center and Campus Health Nurse Office, both of which are committed to handling student needs with respect; MSM students also have access to the Crime Victims Treatment Center, which provides an advocate to accompany crime victims while they receive medical care at Mt. Sinai St. Luke’s Hospital.)
  6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.
  7. Describe the incident to as few Institutional representatives as practicable and not be required to unnecessarily repeat a description of the
  8. Be protected from retaliation by the Institution, any student, the accused and/or the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the Institution.
  9. Access at least one level of appeal of a (At Manhattan School of Music, appeals may be made to a panel chaired by the President.)
  10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process, including during all meetings and hearings related to such
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the Institution.