CARE/Sexual Misconduct FAQ

A student who believes they have experienced sexual and related misconduct is strongly encouraged to report these situations to the University. There are several options, but please report to the Department of Public Safety immediately if you feel you are in any way in danger or in need of emergency assistance.

Other options include the following:

• Confidential Resources: The student may confidentially explore the situation and options available with a clinical counselor in Counseling and Psychological Services, a pastoral counselor in Campus Ministry, and/or a medical provider in University Health Services without filing an official complaint. In doing so, this is not reported to the University and allows the student to understand their options.

• Internal Reporting: The student can make a formal complaint to the Dean of Students, the Department of Public Safety, a deputy Title IX coordinator, and/or the Title IX Office which includes the Title IX Coordinator and the Assistant Dean, and the University will investigate the complaint internally.

• External Reporting: The student has every right to report the situation to the New York Police Department or the Harrison Police Department (in Westchester). If the student chooses to make such a report, a member of the University staff will be available to accompany the student throughout the process.

Students are encouraged to report incidents to the Department of Public Safety; the Dean of Students; the Title IX coordinator; the Assistant Dean in the Title IX Office; a deputy Title IX coordinator; a member of the staff, such as a resident assistant, commuter assistant, or resident director; a faculty member; or another member of the University’s administrative staff.

With the exception of clinical counselors in Counseling and Psychological Services, pastoral counselors in Campus Ministry, and medical providers in University Health Services, when a member of the faculty or staff is notified of a potential sexual and related misconduct incident, they are obligated by law to notify the Department of Public Safety.

There is also a direct form to report a Title IX concern to the University on the Title IX website, however if there is immediate danger present or if it is after hours, we strongly encourage you to report directly to Public Safety. This office may interview the complainant and conduct an investigation. If an investigation is conducted, the Department of Public Safety will send the completed incident report to the Title IX Coordinator to be handled as part of the University’s student conduct process.

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 (NYPD). 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.

Yes. These policies and resources are meant for all students. Sexual and related misconduct crosses the boundaries of gender, gender identity, age, class, race, and sexual orientation.

Men also experience sexual and related misconduct. Men are increasingly coming forward to seek assistance despite what for some may be complicated questions related to sexuality, shame, stigma, or reluctance to seek medical attention following an incident. The Fordham student conduct process is confidential. Meetings and interviews are private and include the complainant, the administrative support person, an advisor of choice (if requested), and the hearing officer.

In addition to the complex thoughts and feelings with which all survivors of sexual assault grapple, students identifying as lesbian, gay, bisexual, transgender, queer and/or gender non-conforming may have particular concerns, especially if a reported incident involves intolerance, hate, or other violence. The Fordham student conduct process is confidential and staff will protect student privacy.

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

Under the current Title IX guidance from the Federal government, should there be a reported incident that meets the threshold of a Title IX investigation, each party involved is required to participate in a hearing at which all parties are present with their Advisor of Choice. The parties would not speak directly with one another during the hearing, and outside of the hearing, all parties are strongly advised to not speak with one another for their safety or they can request a formal No Contact Agreement. If the process does not meet the threshold for a Title IX hearing, then it will be routed through Fordham’s typical conduct process where each party is met with individually, so they will not have to face one another in that setting. Students are still encouraged to not engage with one another, and can also request a formal No Contact Agreement.  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.

No. A reporting individual acting in good faith or a bystander acting in good faith that discloses any incident of sexual or related misconduct to Fordham officials or law enforcement will not be subject to adjudication under Fordham University’s Code of Conduct for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the sexual or related misconduct.

The health and safety of every student at Fordham University is of utmost importance.

Fordham University recognizes that students who have been drinking and/or using recreational/illicit 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. Fordham University strongly encourages students to report sexual and related misconduct to institution officials.

No, through our Informal Resolution process there is no forced mediation process. The Informal Resolution process has multiple options students can select, however all Informal Resolution must be a mutual decision between the parties and can be dismissed at any point by the Title IX Coordinator, the Hearing Officer, or their designee.

The Informal Resolution Process is designed to assist the parties in coming to an agreement with the assistance of a facilitator. The Informal Resolution Process may not begin until a Formal Complaint is filed.The Informal Resolution Process cannot be used to resolve Title IX allegations if the complainant is a student and the respondent is an employee.

Attempts, either directly or indirectly, to violate a University No Contact Restriction or to intimidate, threaten, retaliate against, interfere with, restrain, coerce, discriminate against, or harass any person for attempting to report misconduct, reporting misconduct, pursuing a complaint, serving as a witness, or being a potential witness in a University investigation regarding possible violations of any of the University’s policies regarding sexual and related misconduct are prohibited.

Members of the University community who engage in this conduct will be subject to prompt and appropriate disciplinary action, including possible termination or expulsion from the University. Individuals engaging in this conduct who are not members of the University community will be subject to campus bans and other actions deemed appropriate by the Title IX Coordinator or their designee.

No. A complainant in cases of sexual and related misconduct will not be required to move.

In some cases, once a report is made and the investigation begins, the respondent is moved to another location if they live on the campus and in proximity to the complainant.

Fordham’s student conduct process for sexual and related misconduct will take up to 120 days from the day the complainant requests that the University’s investigation and student conduct processes commence. 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 expedite these matters.

If these processes will take longer than 120 days, both the complainant and the respondent will be notified in writing as to the delay and the reason for the delay. Delay can sometimes, but not always, be imposed by complexity of the incident/complaint, holiday closures of the University, breaks in the class schedule, midterm and final examinations, as well as the need to coordinate multiple parties for interview meetings and hearings.

If you wish to report an incident to the University but not involve the local police, you will sign a form with Public Safety indicating you do not wish to submit a report to law enforcement. Once that is complete, Public Safety will initiate the internal reporting process and a University investigation will take place involving the Title IX Office.In certain cases, the University reserves the right to notify local law enforcement as required by statute.

No. Fordham does not place the burden of proving that an attack has occurred on the student. After the incident has been investigated by the Department of Public Safety and moves into the conduct process, the hearing officer works with a standard called “preponderance of evidence.” This means that the hearing officer will use their judgment based on all available information from public safety, the complainant, and the respondent 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.

If a student files a complaint that meets the requirements for the Title IX Grievance Process, both the complainant and respondent will have to testify in the presence of the opposing party, their Advisor of Choice and, possibly their ASP, as well as the Hearing Officer and the Title IX Coordinator who serves as the Hearing Facilitator.

If the complaint does not meet the requirements for the Title IX Grievance Process, and the complaint proceeds under the CARE process, there is not testimony before a panel.The Fordham student conduct process is confidential. Meetings and interviews are private and include the complainant, the administrative support person, an advisor of choice (if requested), and the hearing officer. The respondent is interviewed separately with their own administrative support person, an advisor of choice (if requested), and the hearing officer.

If the respondent or complainant appeals the outcome of the investigation, in either the Title IX Grievance process or the CARE process, however, it is possible that either the complainant, the respondent, or both parties, would be called by the appeals body. This body is called the Student Conduct Review Council and is composed of two faculty, two students, and one administrator who convene to hear appeals. While the hearing officer presents all relevant information to the appeal body, there may be circumstances under which the appeal body wishes to call the complainant to testify.

While every case is different, efforts will be made to assist the complainant in eliminating or minimizing contact with the respondent, including adjusting class schedules when possible,the Title IX Office will work with Academic Affairs to advocate for class adjustments during and after the investigation, as well as with Residence Life should the complainant and respondent live in the same residence hall. 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 respondent will be moved to a different residence hall or removed from residence or campus pending the outcome of the case. Unless notified that the respondent has been removed, the complainant should be prepared for the possibility of seeing the respondent on campus.

Complainants are encouraged to inform the administrative support person and the hearing officer as soon as possible if the complainant has classes or lives in the same residence hall as the respondent. In any case, it will be important to avoid direct contact with this person.

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

The University is not obligated to begin an investigation based on information that a person chooses to share during public awareness events that are designed and intended to be safe spaces for survivors to share experiences. These events could include candlelight vigils, “Take Back the Night,” protests, or other public events. The University may decide, however, to use the information learned at such an event to inform its efforts for additional education and prevention efforts.

You may use any of the reporting options listed above, but the investigation will be handled by the University’s Title IX coordinator. Fordham’s Title IX Coordinator is Liz Fanelli (TitleIX@ fordham.edu, 718-817-3112, Faculty Memorial Hall,Room 109).

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, and play the main role in providing support for you separate from the investigation.

No, it is the faculty or staff member whose conduct would be investigated for possibly violating the University’s policy because of the imbalance of power in the relationship.

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 (the data can be found at ope.ed.gov/security/GetOneInstitutionData.aspx), and will provide statistics to any interested member of the community who contacts the office (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.