Fordham University            The Jesuit University of New York
 


What do I do if I believe I am the victim of sexual assault, sexual violence, stalking and/or domestic or dating violence…  

READ BELOW AND, FOR MORE INFORMATION, Link to the Campus Assault and Relationship Education Page for your campus: ROSE HILL  |  LINCOLN CENTER

WHAT ARE MY OPTIONS?
A student who believes he/she is a victim of sexual assault, sexual violence, stalking and/or domestic or dating violence is strongly encouraged to report these situations to the University.  There are several options, but please report immediately to the Department of Public Safety if you feel you are in any way in any danger or need emergency assistance.  Other options include:

  • CONFIDENTIAL REPORTING:  The student may confidentially explore the situation and options available with a clinical member of the Fordham Counseling and Psychological Services and/or a pastoral counselor in Campus Ministry without filing an official complaint;
  • INTERNAL REPORTING:  The student can make a formal complaint to the Dean of Students which the University will investigate internally.
  • EXTERNAL REPORTING:  The student has every right to report the situation to the New York Police Department. If the student chooses to make such a report, a member of the University staff will be available to accompany the student throughout the charging process. 

How do I make a formal report with the University?
Students are encouraged to report incidents to the Department of Public Safety , the Dean of Students, a member of the staff such as a Resident Assistant, Commuter Assistant or Resident Director or another member of the University’s administrative staff. When a member of the administrative staff is notified of a potential sexual assault, sexual violence, stalking and/or domestic or dating violence they are obligated by law to notify the Department of Public Safety. This office may interview the victim and conduct an investigation. If an investigation is conducted, the Department of Public Safety will send the completed incident report to the appropriate Dean of Students to be handled in the University’s student conduct process.


If I do make a formal report with the University, do I have to go to the police?

No, but if the situation is reported to the police, the University will be available to accompany the student to the New York City Police Department. Fordham University encourages any student who is the victim of a crime to notify the Department of Public Safety immediately and to work with them to report the crime to the NYPD. In certain cases, the University reserves the right to notify local law enforcement as required by statute.  Students always have the right to report any alleged crime to law enforcement directly.


Will the person who did this know I am talking with the University?

If the student is meeting with a clinical counselor at Fordham’s Counseling and Psychological Services or a pastoral counselor in Campus Ministry to explore options, that meeting is almost always confidential unless there is an immediate threat to oneself or others. If the student reports the incident to another member of the University administrative staff and/or the Department of Public Safety, the alleged attacker may be interviewed.


If I do make a formal report, will I have to face the person in the judicial process?

No. Fordham’s process does not require or request that a student see or speak with the alleged attacker or be questioned by his/her representatives. Processes outside the University, such as those in the criminal justice system, may require this. Fordham will be available to support and accompany the student as these details are explained by outside authorities.


If I do make a formal report, will I have to participate in mediation with this person?

No. Fordham’s process in investigating sexual assault, sexual violence, stalking and/or domestic or dating violence does not require or even allow for mediation. The University handles the investigation with each party separately.

What if someone retaliates against me for making the complaint?

Any member of the University community who attempts to interfere with, restrain, coerce, discriminate against, or harass (whether overtly or covertly) any individual responsibly pursuing a complaint of sex discrimination of any kind, will be subject to prompt and appropriate disciplinary action.  An individual who brings a reasonable charge of sex discrimination, sexual assault, sexual violence, stalking and/or domestic or dating violence in good faith, even if it may be erroneous, will not be subject to discipline or the student conduct process.  However, the use of this policy for false, malicious, or frivolous purposes is strictly prohibited. Any student, faculty, or staff member who brings a false, malicious, or frivolous charge of sex discrimination, sexual assault, sexual violence, stalking and/or domestic or dating violence against another member of the University community may be subject to disciplinary action.


Will I have to move from my residence hall?

No. A reported victim of a sexual assault, sexual violence, stalking and/or domestic or dating violence will not be required to move. In the majority of cases, once a report is made and the investigation begins, the alleged attacker is moved to another location if he/she lives on the campus and in proximity to the reported victim.


I have heard that investigations at other schools take a long time. How long will Fordham's process take?

Fordham’s student conduct l process for sexual assault, sexual violence, stalking and/or domestic or dating violence typically takes 60 days. Some cases are more rapid while others can take longer depending on the details of the case, the time of year and other factors. Fordham works to make things move as quickly as possible. If the process will take longer than 60 days, both the victim and the alleged attacker will be notified in writing as to the delay and the reason for the delay.


If I would like to make a formal complaint with the University (but not to involve NYPD), what happens?

A victim is encouraged to report the incident to the Department of Public Safety, the Dean of Students, a member of the staff such as a Resident Assistant, Commuter Assistant or Resident Director or another member of the University’s administrative staff. When a member of the administrative staff is notified of a potential sexual assault, sexual violence, stalking and/or domestic or dating violence they are obligated by law to notify the Department of Public Safety.   A member of the staff in the Department of Public Safety may contact you to schedule a meeting and take your complaint. Public Safety may then interview the alleged attacker and any witnesses and the final report will be forwarded to the appropriate Dean of Students. The Dean of Students will have a member of the Student Affairs professional staff reach out to the student. That staff member will accompany the student during the entire process and act as the Administrative Support Person.  After the initial report and once the University’s investigation/conduct process begins, the student may also choose to be accompanied by one advisor of choice who may be present for related meetings or proceedings. (For additional information, please refer to Advisor of Choice section in the CARE brochure.) The Dean of Students will ask the victim and the alleged attacker to provide a written statement and the Dean of Students will schedule a time to meet with each student and their respective Administrative Support Person to review the statements and answer any questions regarding the process. In most cases, the dean will meet with the students and Administrative Support Persons a second time to check facts and then have a final meeting to explain the outcome of the case which both students will also receive in writing. In certain cases, the University reserves the right to notify local law enforcement as required by statute.


Do I have to prove that I have been the victim of sexual assault, sexual violence, stalking and/or domestic or dating violence?

No. Fordham does not place the burden of “proving” that an attack has occurred on the student. As the incident is investigated, the Dean of Students works with a standard called “preponderance of information.” This means that the dean will use his/her judgment based on all available information from public safety, the victim, the alleged attacker and witness interviews to determine whether there is enough information to confirm that a violation of University policy has occurred and what the appropriate action by the University will be.


Do I have to tell my story before a panel?

No, the Fordham process of investigation is confidential. Meetings and interviews are private and include the victim, the Administrative Support Person, an advisor of choice (if requested) and the Dean of Students only. The alleged attacker is interviewed separately with his/her own Administrative Support Person, an advisor of choice (if requested) and the dean of students.. If a student appeals the outcome of the investigation, however, it is possible that the victim would be called by the appeals body. This body is called the University Judicial Council and is a group of three faculty, three students and one administrator who convene to hear appeals of student suspensions or expulsions. Calling victims to present information before an appeals body is strongly discouraged by the Senior Vice President for Student Affairs/Associate Vice President for Student Affairs who manage the appeals process and is also discouraged by the Dean of Students who presents all relevant information to the board instead.


What if I have class with the person who attacked me?

While every case is different, efforts will be made to assist the student victim in eliminating or minimizing contact with the alleged attacker. When a situation is reported and/or being investigated, all parties are warned to avoid direct contact or risk possible conduct violations. In some cases, the alleged attacker will be moved to a different residence hall or removed from residence or campus pending the outcome of the case. Unless notified that the alleged attacker has been removed, the student should be prepared for the possibility of seeing the alleged attacker on campus. Student victims are encouraged to inform the Administrative Support Person and the Dean of Students as soon as possible if the student has classes or lives in the same residence hall as the alleged attacker. In any case, it will be important to avoid direct contact with this person.


Can I make a report about someone with whom I have been in a relationship?

Yes, a student can make a report about anyone they believe has violated the University’s policy on sexual offenses, stalking and/or domestic or dating violence. There may be times when this person has an existing relationship with the victim. People in relationships can violate the sexual offenses, stalking and/or domestic or dating violence policy and it is important for the victim to receive assistance and know their options for reporting the incident. Students are encouraged to contact staff if they are in this situation.


What if the incident involves a staff or faculty member?

You may use any of the reporting options listed above, but response will be handled by a staff member called the “Title IX Coordinator.” The Title IX Coordinator for the University is Anastasia Coleman, the Director of Equity and Compliance (acoleman11@fordham.edu, 718-817-3112, Administration Building 114). The Department of Public Safety and the Dean of Students will coordinate and assist in the investigation conducted by this office into any complaints involving staff or faculty, as well as, play the main role in providing support for you separate from the investigation.


Where can I see how many violations of Fordham’s sexual offense, stalking and/or domestic or dating violence policy are reported?

All crime statistics reported to Fordham are, in turn, reported to the community and the federal government. The Department of Public Safety keeps crime statistics for the campus and surrounding areas, is required to report these statistics to the federal government (anyone can find the data here: http//ope.ed.gov/security/GetOneInstitutionData.aspx) and will provide statistics to any interested member of the community (phone: 718.817.2222). All crime statistics are also shared with faculty, staff and students on an annual basis and student media such as the student newspapers routinely review public safety reports and publish items from which names and identifying information have been removed for privacy.


What if I am a bystander and see something is wrong?  How should a bystander intervene if she/he suspects or sees something is wrong?

If someone suspects a friend, acquaintance, or stranger may be in a high risk situation for becoming a victim, is being victimized, or has been victimized of any form of sexual offense, stalking, and domestic or dating violence, it is important to decide as a bystander whether there is a safe and reasonable way to intervene effectively, and to act in a way to assist a person whether it is before, during, or after an incident takes place.  

The following are suggestions for safe and positive bystander actions:

Do's

  • Remind friends that “consent” is the difference between sex and sexual assault and that someone can be too intoxicated to consent;
  • Take the initiative to help friends who aren't thinking clearly from becoming targets of violence (or) take steps to stop a friend who chooses to use violence;
  • Prevent an intoxicated friend/person from going to a private location with an acquaintance or friend;
  • Ask a friend, acquaintance, or stranger who is attempting to take sexual advantage of another to stop and leave the location;
  • Recognize dating or domestic partners who cause fear or physical pain to their partner and voice your concerns where appropriate (i.e. one suggestion is referring the person to the counseling center);
  • Contact Fordham University Department of Public Safety (718) 817-2222, the Dean of Students or another person of authority who can assist.

Don’ts:

  •  Don’t walk / run alone in secluded areas or at night;
  • Avoid situations where intoxicated people (victims, perpetrators, or both) may be unable to consent;
  • Don’t leave a friend or acquaintance alone at a party or bar.

Am I required to intervene and act as a bystander?
No, there is no legal obligation in New York State for a bystander of a potentially violent situation or crime to intervene or act.

How can I help create a safer campus environment.

Fordham University educates students in the Jesuit tradition which includes promoting deep respect for individuals and strives for a community of responsible citizens.  Bystanders are encouraged to act if there are safe and reasonable ways to intervene and/or discourage people from being uncivil towards each other in an effort to foster a safer   environment for everyone.  People who are designated as Campus Security Authorities are required to act in certain circumstances and must report all incidents immediately.


Who should I contact with any questions about the policies and process in this FAQ?

The best source of information is the Dean of Students for your campus:

          Rose Hill Dean of Students:                  718.817.4755

            (also responsible for Calder Center)

          Lincoln Center Dean of Students:          212.636.6250

            (also responsible for the Westchester campus)

Students are also encouraged to speak with a member of Residential Life, Student Leadership and Community Development, Student Health Services, Counseling and Psychological Services and the Department of Public Safety.

Updated: August, 2014


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