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Sexual and Related Misconduct Policy and Procedures

VII. Non-University Resources

The following are selected non-university resources that may be of assistance to members of the University community.
24/7 Confidential Hotlines

  • RAPE Crisis Hotline: 914-345-9111
  • Safe Horizon’s Rape/Sexual Assault and Incest Hotline: 212-227-3000
  • NYC Domestic Violence Hotline: 800-621-HOPE (4673)
  • Gay and Lesbian Anti-Violence Project: 212-714-1141
  • Crime Victims Hotline: 212-577-7777
  • New York State Domestic Violence Hotline: 800-942-6906
  • New York State Office of Victim Services: 800-247-8035 or www.ovs.ny.gov

International Resources:

Medical Treatment: Anyone who is sexually assaulted or physically injured is encouraged to seek a medical examination to determine the extent of injuries. It is also important to understand that physical evidence is collected during a sexual assault examination as a way to preserve evidence should the victim want to pursue criminal charges with the police or a local prosecutor at a later time.

Hospitals: *The hospitals listed below conduct sexual assault examinations*

Rose Hill Campus:

  • Jacobi Medical Center—Pelham Parkway South, Bronx, NY, 718-918-5000
  • North Central Bronx Hospital—3424 Kossuth Ave., Bronx, NY, 718-519-5000

Lincoln Center Campus:

  • Mt. Sinai Roosevelt Emerg. Rm—59th St. on 9 th and 10 th Aves., NY, NY 212-523-6800
  • Mt. Sinai/St. Luke’s, Emergency Room—1111 Amsterdam Ave., NY, NY 212-523-3335

Westchester Campus:

  • Westchester County Medical Center—100 Woods Rd., Valhalla, NY, 914-493-7000

Calder Center:

  • Westchester County Medical Center—100 Woods Rd., Valhalla, NY, 914-493-7000

London Centre:

  • The Haven—Whitechapel, Royal London Hospital, Whitechapel, London, E1 5DG, 020 7247 4787
  • The Haven—Paddington, Imperial College Healthcare NHS Trust, Praed Street, London, W2 1NY, 020 3312 6666
  • The Haven—Camberwell, King’s College Hospital, Denmark Hill, London, SE5 9RS 020 3299 9000

Law Enforcement / Local Prosecutor: A victim/survivor of any criminal sexual offense has legal recourse outside the University and can commence civil or criminal proceedings against the offending person. Many of the prohibited behaviors of the University’s policies are also violations of New York State criminal laws where a person can be charged criminally with rape, sex abuse, stalking, and other charges. If convicted of such crimes, a person can be subject to severe penalties, including imprisonment for up to 25 years. If the action takes place outside New York State, a person is subject to the criminal laws of the applicable jurisdiction.

Family and Civil Court: Additionally, Family Court is a civil court option where a person can seek a civil court order of protection in many circumstances. University administrators and/or the Department of Public Safety can assist any victim in the finding of resources, accompanying a person to court, and in initiating a legal proceeding in family court or civil court.

  • The Bronx County Family Court is located at 900 Sheridan Ave, Bronx NY 10451 (corner of 161 Street).
  • The Westchester Family Court is located at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601.
  • The Manhattan Family Court is located at 60 Lafayette St., New York, NY 10013.
  • The Bronx Civil Court is located at 851 Grand Concourse, Bronx, NY 10451.
  • The Manhattan Civil Court is located at 111 Centre Street, New York, NY 10013.

Law Enforcement:

  • Rose Hill Campus: 48th Precinct—450 Cross Bronx Expressway, Bronx, NY | 718-299-3900
  • Lincoln Center Campus: 20th Precinct—120 West 82nd St., New York, NY | 212-580-6411
  • Westchester Campus: Harrison P.D.—650 North Street, Harrison, NY | 914-967-5110
  • Calder Center: North Castle Police Department —15 Bedford Road, Armonk, NY | 914-273-9500
  • NY State Police: 24-hour hotline for reporting sexual assault on NY college campuses | 844-845-7269
  • NYPD Special Victims Division: 646-610-7272
  • London Centre: Dial 112 or 999 for assistance.

A person may report an incident to either the police or the University, or to both simultaneously. A complainant has the right to have the institution’s process run concurrently with a criminal justice investigation. The filing of a complaint of sexual and related misconduct under this Policy and Procedures is independent of any criminal investigation or proceeding. The University will not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation or to take any necessary interim measures to protect the complainant and the University community.

However, the University may temporarily delay its investigation to enable law enforcement to gather evidence and to engage in a preliminary investigation of sexual misconduct matters that may also violate the state criminal code.

There may be times when the Department of Public Safety or another administrator may contact the police regarding the nature of an alleged incident. However, it is always the complainant’s decision as to whether or not to cooperate with any police or University investigation. The Department of Public Safety and other administrators stand ready to assist in reporting incidents to the police or local prosecutors. Department of Public Safety supervisors are former ranking members of law enforcement who have prior experience and training working with victims of all crimes.

A Plain Language Explanation of Distinctions Between the New York State Penal Law and the Fordham University Student Disciplinary Processes

  Criminal Justice System University Disciplinary System
Goals Safety
Deterrence
Punishment
Education
Safety
A safe and supportive campus
Governing Law New York State Penal Law
New York State Rules of Criminal Procedure
Federal Criminal Law
Federal Rules of Evidence
Title IX
The Clery Act, Amended
New York State Education Law Sections 129A and B
How to Report Crimes Involving sexual violence may be reported to:
  • Fordham University Public Safety
  • New York City Police Department
  • Local Police
  • New York State Police
  • Federal Law Enforcement Agents
Victims may disclose sexual violence to:
  • Department of Public Safety (non-confidential)
  • Dean of Students (non-confidential)
  • Title IX Coordinator (non-confidential)
  • Counseling and Psychological Services (confidential)
  • Pastoral Counselors in Campus Ministry (confidential)
  • University Health Services (Confidential)
Will there be an investigation? Determination is made by law enforcement agency. An investigation may be conducted without the consent or participation of a reporting individual. The ultimate decision whether to have a criminal prosecution is made by a prosecutor. Disclosures made to a Confidential Resource will not trigger an investigation. A decision to investigate disclosures made to the Title IX Coordinator and other Non-Confidential Resources will be investigated only if deemed necessary after weighing a request for confidentiality against the continuing safety of the reporter and best interest of the campus community.
Who Investigates? Police or law enforcement Investigators, employed or retained by Fordham, in different departments including, but not limited to, Public Safety and Student Affairs
Procedures Governing state or Federal law University policies and bylaws, which incorporate requirements of governing law
Standards of Evidence Crimes must be proven "beyond a reasonable doubt" A violation of disciplinary rules must be found by a "preponderance of evidence," which basically means "more likely than not" the conduct occurred.
Confidentiality/Privacy A criminal charge and trial must be public. Fordham offers confidential resources and disciplinary proceedings are kept as private as possible but pursuant to law. Relevant information must be shared with those involved.
Who are the Parties? The Prosecution and the Defendant. The victim is not a party. The reporting individual (also referred to as the complainant) and the accused (also referred to as the respondent). The University acts as the finder of fact.
Participation in the Process A criminal prosecution can proceed without the participation or cooperation of the reporter, but the burden of proof is harder to achieve Reporting students cannot be required to participate in the University process. The University will be limited in its ability to respond if the reporting individual does not participate.
Who Initiates Proceedings? A Prosecutor The University
Testimony Generally Public.  Witnesses/reporters can be cross-examined. Reporter's testimony is private. No cross examination.
Role of Attorneys Both state and defendants are represented by counsel. Parties may be advised by attorneys but can only speak with their client.
Mental Health/Sexual History Generally, but not always, a reporter's prior sexual and mental health history is inadmissible in a criminal case. Generally not admissible but subject to very limited exceptions. Education Law 129-b permits a party to exclude information of their prior sexual history with persons other than the other party.  Evidence of mental health history is also excluded in the fact finding phase of the disciplinary process.
Possible Results Defendant may:
  • plead guilty
  • have case dismissed
  • be charged guilty or not guilty by a judge or jury
If there is a formal proceeding, the respondent may be found “responsible” or “not responsible” for violations of university policy.
Sanctions Fined, imprisoned or both Sanctions range from a warning to suspension or expulsion from the University