A Plain Language Explanation of State and University Disciplinary Processes

	Criminal Justice System	Fordham University Disciplinary System
Goals	Safety, deterrence, and punishment.	Education, safety, and creating a safe and supportive campus.
Governing Law	NYS Penal Law, NYS Rules of Criminal Procedure, Federal Criminal Law, Federal Rules of Evidence.	Title IX, the Clery Act, VAWA NYS Education Law Articles 129-A & 129-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, or Federal Law Enforcement Agents.	Victims may disclose sexual violence to: Department of Public Safety (non- confidential), Dean of Students (nonconfidential), Director of Gender Equity/Title IX Coordinator (nonconfidential), Human Resources (non-confidential)Counseling and Psychological Services (Confidential), Pastoral counselor in Campus Ministry (Confidential), University Health Services (Confidential), and Other Community Members Listed in Section VI of the policy.
Will there be an Investigation?	Determination is made by the 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.	In most instances, an investigation will not take place if the complainant does not want an investigation to occur. The University may conduct its own investigation when it determines, in good faith, that it is in the best interest of the complainant or University community to do so.
Who Investigates?	Police or law enforcement officials.	Trained, qualified investigators employed or retained by the University.
Procedures	Federal, state, or local law.	University policies, statutes, or bylaws, which incorporate the requirements of governing law.
Standard of Evidence	Crimes must be proven “Beyond a Reasonable Doubt.”	A violation of disciplinary rules must be determined by a “Preponderance of Evidence.”
Confidentiality/Privacy	A criminal charge and trial must be public.	Fordham offers Confidential Resources. Non-Confidential Resources maintain privacy to the greatest extent possible.
Who are the Parties?	The prosecution and 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.	Parties 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. All non-party students, faculty, staff, and administrators are required to participate in all investigations under the Policy and Procedures.
Who Initiates Proceedings?	A prosecutor.	The complainant or the University in the role of the complainant.
Testimony	Generally public. Witnesses/reporters can be cross examined.	Testimony is private. Crossexamination is only permitted in hearings under Title IX of the Education Amendments of 1972.
Role of Attorneys	Both the state and defendants are represented by counsel.	Attorneys may serve as Advisors of Choice under the Policy and Procedures.
Mental Health/Sexual History	Generally, but not always, a reporter’s prior sexual and mental health history is inadmissible in a criminal matter.	Generally not admissible but subject to limited exceptions.
Possible Outcomes	Defendant may: plead guilty have matter dismissed *be charged guilty or not guilty by a judge or jury	The respondent may be found “responsible” or “not responsible” for violations of University policy, agree to an Informal Resolution, or the matter may be dismissed.
Possible Sanctions	Fined, imprisoned, or both.	Sanctions range from a warning to suspension or expulsion from the University.