Policies

UNRECOGNIZED GROUPS

All groups that fail to gain recognition are unable to gain access to any University facilities and services in the name of the group. This extends to participation in intramural and recreational programs under the name of the unrecognized group or under a pseudonym where 50 percent of the individuals are members of an unrecognized group. In this case, the director of recreation and intramural sports shall disband the team and disqualify it from further competition. Actions that will result in being charged as an unrecognized group include but are not limited to:

1. Wearing or displaying the insignia, name or crest of the unrecognized organization.
2. Affiliating the group with Hofstra University or using Hofstra's name or brand without Hofstra's written permission either in literature, on the internet, or with an outside source (i.e., restaurant, catering establishment, etc.).
3. In-taking new members, initiating, receiving or recruiting new members into the unrecognized group.
4. Utilizing University services in the name of an individual or group for use by the unrecognized group.

Participating as a member of a group that has been denied official recognition by the University, suspended by the University, or that has never sought recognition from the University is a violation of University policy.

1. Wearing or displaying the insignia, name, crest or other identifying symbol of the unrecognized group.
2. Reorganizing an unrecognized group under an alias.
3. In-taking, initiating, receiving and/or recruiting new members into an unrecognized group.
4. Affiliating a group using Hofstra University's name, brand or likeness thereof.
5. Utilizing Hofstra facilities or services for activities in support of an unrecognized group.

Each Hofstra University residence hall is equipped with an interior fire alarm system with detectionthroughout the building, including smoke and heat detectors, and pull-box stations. All residencehalls are protected with a building fire sprinkler system. Where required, some residence halls areprotected by carbon monoxide detectors. All fire safety and building access systems are monitored bythe Department of Public Safety, 24 hours a day, 365 days a year. Additional information about firesafety on campus is available in the Annual Security and Fire Safety Report, which can be accessed athofstra.edu/campussafetyreport or by calling Public Safety at 516-463-6606.

Hofstra University policies relating to fire safety are in accordance with New York state law and NassauCounty ordinances. Our primary concern is the safety and well-being of the members of our community,and, as such, new policies have been created and existing policies have been modified to ensure thatHofstra University provides a safe environment and is in compliance with all New York State FireCodes and those of the Nassau County Fire Marshal's Office. Students must comply with the specific policies listed below as well as all other policies listed in The Living Factor, Hofstra University's guideto residential living. In addition, as per the current New York State Fire Code (NYSFC), information and training related to fire safety must be presented to all students enrolled in higher education on an annualbasis. Any violation of these guidelines is also considered a violation of the Student Conduct Code.

1. Door Chocking (Propping): A door leading out to a main hallway (common area), used as fire and/or smoke door, should not be chocked (propped) open, blocked or obstructed to prevent the normal self-closing operation of said door. [ref; NYSFC F-703.2]
2. Electric Wall Outlets: All electric cords from devices must be plugged directly into a wall outlet or an approved surge protector strip. All surge protector strips must be plugged directly into the wall outlet. No extension cords are permitted in residential halls. Furniture should not obstruct a wall outlet as to prevent an electrical plug from easily being removed from the outlet (without first moving the furniture). [ref; NYSFC F-605.5]
3. Items Suspended from Ceilings and Walls: No items shall be suspended from the ceiling or within 24" of the ceiling as to obstruct or cover lighting, smoke detectors and/or sprinkler heads. [ref; NYSFC-901.6 and 805.1 and 315.2.1] No decorative, holiday or themed lighting shall be placed/hung on or around doors or windows.
4. Decorations: No tapestries or fabric items (including flags) shall be placed on the ceilings or walls of any room. Wall coverings may include pictures and posters, but may not exceed 50 percent of total wall space. Tapestries and/or fabric items (including doormats) shall not be placed in common areas. [ref; NYSFC304.1] No window curtains or valances are permitted to be hung in rooms/suites/apartments.
5. Natural Cut Trees: No natural cut trees of any sort shall be erected in the common or living space of any residence hall [ref; NYSFC 804.1.1]
6. Candles/Incense: No candles (including those used for "decoration only"), incense or anything that burns are permitted in residence halls.
7. Smoking: Hofstra University is a smoke-free environment. There is no smoking or lighting of smoking-type products, including e-cigarettes, in any residence hall/room or facility on the Hofstra University campus.
8. Malicious Damage/False Alarms: The alteration and/or destruction of fire safety equipment affects the safety of all members of the Hofstra community. Malicious damage to any fire safety equipment, including fire extinguishers, exit signs, fire doors, emergency lighting and/or the activation of a fire pull station (when the threat of fire is not present), is a crime, is not tolerated at Hofstra University and will be prosecuted to the fullest extent of the law.
9. Refrigerator/Microwave: Residents may bring their own refrigerator for their residence hall room or suite. The size and number of these refrigerators are limited (one per room or two per suite) due to the electrical current they draw and the limited electrical outlets in the residence hall rooms and suites. The refrigerator must be an energy-efficient model and may not exceed five (5) cubic feet in size. Any refrigerator larger than five (5) cubic feet in a residence hall room and/or suite is a violation of Residential Programs policy. Additionally, personal microwaves are prohibited in on-campus residence hall rooms and suites. The University has made arrangements with a vendor to provide both refrigerator and refrigerator/microwave rental units at competitive prices. (Visit Residential Programs website for contact information for the vendor.) Although students can purchase refrigerator/freezer units of 5.0 cubic feet or less for use in residential rooms, for safety reasons, only those refrigerator/freezer/microwave multi-units rented through a University-sanctioned vendor are permitted in on-campus residence halls.
10. Electrical Appliances Policy: Due to safety issues, the following items are prohibited in the residence halls: hot plates, electrical skillets, toaster ovens, toasters, hot oil popcorn poppers, halogen lights, sun lamps, electric heaters, refrigerators larger than five cubic feet, microwaves, electric grills, deep fryers, coffee makers, humidifiers, multiple outlets, extension cords and any other appliances deemed by the Office of Residential Programs as being inappropriate for residence hall use. Additionally, black light bulbs in University light fixtures are prohibited. Residents of the Graduate Residence Hall are permitted to have coffee makers and toasters (NOT toaster ovens).
11. Cooking Policy: There is a $100 fine, per appliance, for possession of prohibited cooking and/or electrical appliances in the residence halls. Any additional violation of this policy is grounds for further disciplinary action and/or fines. There are various food and beverage vending machines located in the lobbies or lounges of the residence halls. Report malfunctioning kitchen appliances or vending machines to the Resident Assistant. For refunds for vending machine purchases, follow instructions posted on the front of vending machines.

All students must comply fully with all Hofstra University fire safety regulations. Violations may result in monetary, educational, and/or conduct sanctions.

Code of Community Standards

Evacuation/Fire Alarm Procedures: Evacuation is necessary when any building's fire alarm hasbeen activated or the building becomes uninhabitable because of an event such as a fire, flood, gas leak,contamination, pandemic flu, extreme weather conditions or the loss of critical services. The responsedepends on the extent of the emergency. Hofstra community members should familiarize themselveswith the evacuation routes posted in the buildings they live in or use frequently. If an evacuation order isissued for a building, cooperate fully with Public Safety/emergency personnel and:

• Don't panic. Stay calm.
• If possible, take keys, wallets and essential belongings with you.
• If possible, wear weather-appropriate clothing.
• If your door feels hot, place a wet towel under it and DO NOT OPEN IT. Instead, open your window slightly, if you need air. While you await rescue, call Public Safety at x3-6789 or 911 to ascertain that they know your location. Make your presence known by waving something from your window.
• If the hallway is filled with smoke, crouch down as low as possible (smoke rises) and hug the wall. Walls eventually lead to doors.
• DO NOT USE ELEVATORS. USE ONLY STAIRS; elevators turn into chimneys when there is a fire and may malfunction due to heat/smoke.
• Close, but DO NOT lock doors.
• Provide assistance to those with physical disabilities.
• Evacuate in a safe and orderly fashion to the nearest Evacuation Assembly Point (as determined by University personnel) and await additional instructions.
• Move away from the building. Do not return to the building until instructed to do so by Public Safety or a residence hall staff member.
• Find your RA or the RA on duty for the purpose of letting someone know you have safely evacuated the building.

General Evacuation Procedures: Public Safety officers will move evacuees to an Evacuation Assembly Point where University personnel will conduct a census to establish that the evacuation is complete. (Each building has been assigned an Evacuation Assembly Point; check with your RA for your building's Assembly Point.)

Evacuation of Individuals With Physical Disabilities: Public Safety officers will assist individuals with physical disabilities in an evacuation, making every attempt to lead them to safety. Hearing-impaired students have TTY phone capability in their residence hall rooms, and the fire alarm system is connected to strobe lights. If you have a disability that could impair your ability to perform any of the above:

• Please inform Public Safety or the Services for Students with Disabilities Office of your circumstances upon arrival to campus and request a meeting to discuss any special emergency response accommodations needed.

If you are a resident student:

• Please note that a master list of all resident students requiring assistance during a building evacuation is maintained by the Office of Residential Programs. Please contact your Resident Assistant to ensure inclusion on this list.

Any student may:

• Call the Department of Public Safety at 516-463-6789 or call 911 and tell them where you are and what assistance is needed.
• Notify his/her professor that assistance will be needed if an evacuation is deemed necessary.

See the Hofstra University Harassment Policy

See the Hofstra University Nondiscrimination Policy

1. Introduction
   The Policy on Alcohol, Illegal Drugs, and Other Controlled Substances is intended to further the educational mission of Hofstra University. Hofstra is committed to fostering a campus community whereby each member is responsible for their own actions and is expected to respect the rights of others to participate in the academic and social life of the University. Consistent with its educational mission, the University sponsors programs for students regarding the misperceptions about alcohol use among college students, to promote open, honest dialogue about alcohol use and abuse, and to increase awareness of the physical, psychological, social, and behavioral effects of alcohol consumption.
   
   The policy emphasizes individual and shared responsibility, healthy and informed decision-making, and a caring University environment. All students are expected to be familiar with the Policy on Alcohol, Illegal Drugs, and Other Controlled Substances as outlined below. Any violation of these policies by a student is a violation of the Code of Community Standards.
2. Alcohol Policies
   1. Standards of Conduct
      Violations of any federal, state, or local laws or University policies regarding alcohol, including Hofstra University’s Policy on Alcohol, Illegal Drugs, and Other Controlled Substances are noted below but are not limited to:
      • Knowingly remaining in the presence of alcohol in a residence hall room/suite while under the legal drinking age.
      • Possessing, consuming, and/or distributing any quantity of alcohol on property owned or controlled by the University or as part of any University activity while under the legal drinking age.
      • Distributing any quantity of alcohol to an individual under the legal drinking age.
      • Misrepresenting yourself or using another person’s identity with the intent to purchase, possess, and/or consume alcohol.
      • Acting in a disruptive/disorderly manner, regardless of age, while under the influence of alcohol.
   2. Campus Buildings and Spaces
      Students who are of legal drinking age may consume alcohol on campus only in accordance with all policies listed here, and only in a residence hall room assigned to them or to another student who is also of legal drinking age, or at events held in accordance with Section II. D. The possession or consumption of alcohol is strictly prohibited in all public campus buildings and spaces, without prior written approval from a divisional vice president or vice president’s designee. This includes:
      • Buildings and hallways (other than in a residence hall room assigned to them or to another student who is also of legal drinking age, or at events held in accordance with Section II. D.)
      • Offices
      • Student organization offices and workspaces
      • Lounges
      • Outdoor spaces (e.g., intramural fields, quads, lawns, etc.)
      • Parking lots (e.g., tailgating)

      Hofstra residential students and any guests visiting a Hofstra residence hall must adhere to all policies outlined, as well as the following:

      • Possession or consumption of alcohol in student lounges, floor lounges, study lounges, or hallways is prohibited.
      • Bulk alcohol is not permitted. Bulk alcohol is defined as any container other than a bottle or a can, such as wine boxes, beer balls, and kegs.
      • Glass beer bottles are not permitted in the residence halls.
      • Drinking paraphernalia (e.g., funnels) and drinking games are not permitted in the residence halls.
   3. Use of University Funds for Purchases of Alcohol
      No Hofstra University funds, including student organization fees, revenue from organizational fundraisers, member contributions, or gifts, may be used for the procurement of alcohol.
   4. Events with Alcohol
      Event sponsors are responsible for following this policy, as well as other relevant University policies, at any authorized University event or activity sponsored by an authorized student or University organization where alcohol is served. Policies include but are not limited to:
      • Alcohol consumption must not be interpreted as the primary focus of any event.
      • Authorized servers, such as University Dining Services or an approved third-party vendor, must provide and distribute the alcohol.
      • Alcohol sold must include a price that could not reasonably be interpreted as providing unlimited drink specials (e.g., nickel drafts, specific persons drink free).
      • Two forms of identification proving legal drinking age must be shown to the server to consume alcoholic beverages on campus.
      • An appropriate amount of food and nonalcoholic beverages must be offered at the event.
      • No one visibly intoxicated may be given or allowed to consume alcoholic beverages.
      • If the event is held at an approved off-campus venue (e.g., catering hall, restaurant, etc.), enforcement of alcohol laws rests with the off-campus vendor.
      • An approved organization/department advisor must be present for the entire duration of the event at both on- and off-campus events where alcohol is served.
   5. Promotional Activities/Event Marketing
      Print, electronic, and broadcast media funded in whole or in part by University funds, or bearing the University’s name, may not contain inappropriate references to alcohol, or emphasize alcohol as the primary purpose of an event. Images of alcohol are strictly prohibited in all advertising, including advertising for events where alcohol is served.
   6. Responsible Drinking
      It is the expectation of Hofstra University that individuals of the legal drinking age who choose to consume alcohol will do so responsibly. The rapid consumption or excessive drinking of alcoholic beverages is strictly prohibited. Indicators that individuals are not drinking responsibly include but are not limited to the following:
      • Drinking games
      • Consuming shots of alcohol
      • “Shot gunning” alcohol
      • Instruments of abuse (e.g., beer bongs, funnels)
      • Bulk alcohol (e.g., kegs, wine boxes, beer balls, etc.)
      • Alcoholic punch, gelatin shots, or drinks containing grain alcohol
      
      Students who drink alcohol to excess, whether on campus or off campus, and require medical attention, will be required to meet with a member of the Dean of Students Office to discuss/develop more responsible behaviors related to alcohol consumption.
   7. Health Risks
      Use of alcohol may result in mood changes, impulsive actions, loss of judgment, and loss of coordination. Excessive use of alcohol may cause heart damage, liver damage, damage to the digestive tract, cancer, brain damage, mental disorders, loss of sexual function, blood disorders, and birth defects. In addition, long-term alcohol use may affect relationships, employment, academic and athletic performance, and self-esteem. Consumption of alcohol while using over-the-counter or prescription medications, where such use is contraindicated, can lead to unintended health consequences. Acute alcohol poisoning, occurring when an individual consumes a large amount of alcohol in a short period of time, may result in changes in breathing and heart rate, the gag reflex, and can lead to coma and death. More information regarding the use of alcohol at college and the health risks associated with the consumption of alcohol can be found at www.collegedrinkingprevention.gov.
   8. University Sanctions for Students
      Students who violate any of the above alcohol regulations will receive, at minimum, a verbal and/or educational sanction. Subsequent offenses will result in more serious action(s). For a complete listing of possible sanctions, please refer to the Sanctions section in the Code of Community Standards found here in the Guide to Pride and available at hofstra.edu/guidetopride.
   9. Violations of Law
      In addition to sanctions imposed by the University, alcohol violations may be referred to the appropriate external authorities. Under state and local laws, such as the New York State Penal Law, Vehicle and Traffic Law, and Alcoholic Beverage Control Law, violations may result in penalties ranging from fines through suspension of a driver’s license and possible imprisonment.
3. Illegal Drugs and Other Controlled Substances Policy
   1. Standards of Conduct
      Violations of any federal, state, or local laws or University policies regarding drugs, including Hofstra University's Policy on Alcohol, Illegal Drugs, and Other Controlled Substances, are noted below but are not limited to:
      • Remaining in the Presence (Illegal Drugs) – Knowingly remaining in the presence of illegal drugs and/or drug paraphernalia/illegal drug use on campus or at a University-sponsored activity.
      • Drug Paraphernalia – Using/possessing drug paraphernalia on campus or at a University-sponsored activity. Examples of items that could be defined as drug paraphernalia include but are not limited to scales, rolling papers, bowls, pipes, bongs, grinders, spoofs, hookahs, or any other device that is fashioned for the purpose of drug use.
      • Improper Use/Abuse/Possession (Legal Drugs) – Improperly using or abusing over-the-counter or prescription drugs and/or possessing legal drugs prescribed to another individual.
      • Use/Possession (Illegal Drugs) – Using and/or possessing illegal drugs.
      • Aiding/Abetting (Drugs) – Aiding and abetting in the sale/distribution/use/possession of illegal drugs or prescription drugs prescribed to another person.
      • Manufacture/Sale/Distribution (Drugs) – Manufacturing, distributing, dispensing, and/or selling illegal drugs or prescription drugs prescribed to another person.
   2. Health Risks
      The health risks caused by drug use vary depending on the drug involved, and the use of legal prescription and nonprescription drugs without a doctor’s supervision, as well as the use of illegal drugs, may cause serious health difficulties. In addition, the abuse of any substance can adversely affect relationships, employment, academic and athletic performance, and self-esteem. Visit the National Institutes of Health webpage (www.drugabuse.gov/drugs-abuse/commonly-abused-drugs/health-effects) for the acute and long-term health effects of specific drugs.
   3. University Sanctions for Students
      A University conduct charge for drugs will be issued to students who violate any of the prohibitions listed above. Charges are issued based on evidence suggesting a violation has occurred (including witness statements, smell of marijuana, smoke, towel under door, open window, fan in operation, etc.). Students will have the opportunity to challenge evidence in accordance with the procedures set forth in the Code of Community Standards.
      
      Students found responsible for a drug violation will receive, at minimum, a verbal warning and/or educational sanction. Students found responsible for repeated drug violations may face more severe penalties, including suspension and/or removal from the residence halls. Students who are found responsible for the distribution of controlled or illegal substances or possession of such substances with the intent to distribute will be subject to a minimum sanction of suspension from the residence halls and/or the University, and could face expulsion from the University. For a complete listing of possible sanctions, please refer to the Sanctions section in the Code of Community Standards found here in the Guide to Pride and available at hofstra.edu/guidetopride.
   4. Violations of Law
      In addition to sanctions imposed by the University, drug violations may be referred to the appropriate external authorities. Violations of law, including the New York State Penal Law and the federal Controlled Substances Act, may result in penalties ranging from fines through imprisonment. If a student is convicted of offenses involving the sale or possession of illegal drugs, the student will not be eligible for any federal Title IV, HEA grant, loan, or work-study funds, if the conduct occurred while the student was enrolled in school and receiving assistance under federal Title IV, HEA financial aid programs.
4. Medical Amnesty
   Hofstra University’s priority is the safety and well-being of the students who attend the University. As such, medical amnesty is in effect to ensure that those individuals who require assistance for themselves or a friend who may have consumed excessive alcohol or drugs will turn to the appropriate personnel to seek emergency medical assistance without fear of reprisal for doing so.
   
   Students who seek emergency medical attention for themselves or someone else related to consumption of alcohol or drugs will not be charged with violations of the Code of Community Standards related to that consumption (specifically those violations as defined under the alcohol and/or drug codes), provided that the student subsequently complies with any designated educational intervention and/or behavioral assessment. Failure to complete this intervention/assessment may result in charges being filed with the Office of Community Standards. Additionally, students will be held accountable for any other violations of the Code of Community Standards related to the incident (endangering the health or safety of others, fire safety/emergency violations, failure to comply, vandalism, etc.).
   
   This policy provides amnesty only for violations of Hofstra University’s Student Conduct Codes. It does not grant amnesty from criminal or civil consequences for violations of federal, state, or local law.
   
   This policy is not intended to shield or protect those students who repeatedly violate Hofstra’s Code of Community Standards. In cases where repeated violations occur, the University reserves the right to initiate conduct action on a case-by-case basis, regardless of the manner in which the incident was reported. Additionally, the University reserves the right to adjudicate any case in which the violations are considered especially egregious. For amnesty from alcohol and drug policies in cases of disclosure of an incident of domestic violence, dating violence, stalking, or sexual assault, see the Title IX Grievance Policy and the Student Policy Prohibiting Sexual Assault, Domestic Violence, Dating Violence, and Stalking. (See policies in Section IV.)

Education, Treatment, Counseling, and Resources
Hofstra is committed to supporting the rights of individuals who choose not to drink, and helping individuals who choose to drink to do so in a responsible manner. Educational programs related to alcohol use and alcohol-free social alternatives are held throughout the year.
The University provides confidential counseling services to students who are concerned about their alcohol and/or substance abuse. Student Counseling Services provides individual and group counseling as well as referral resources for community treatment as needed. Student Counseling Services may be reached at 516-463-2273. Additional alcohol and drug-related resources may be found at hofstra.edu/wellnessresources.

The University is committed to having a campus environment free from all bias, hate crimes, and harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national or ethnic origin, physical or mental disability, marital or veteran status (characteristics collectively referred to as “Protected Characteristic”). Bias and discriminatory harassment are prohibited in the campus environment, including all academic, athletic, and school-sponsored activities, and the University may be legally required to investigate both informal and formal complaints of discriminatory harassment. Where discrimination and/or harassment is found to have occurred, the University will take appropriate action to prevent recurrence of harassment and to correct its discriminatory effects, if appropriate.

Hate crimes, or bias related crimes, are a violation of the New York Penal Law and other laws of the State of New York, as well as the general regulations of the University. In addition to being subject to criminal prosecution as set forth more fully below, any student who engages in a bias-related or hate crime may be removed from the campus and, where appropriate, shall be subject to suspension, expulsion, or other disciplinary action. The University reserves the right to report certain acts of misconduct performed on University property to the appropriate civil authorities, including any criminal conduct in violation of the Laws of the State of New York or federal statute.

Any student who commits, aids, or attempts to commit any of the acts prohibited by the policies listed in this Policy on University property or during the course of a University activity is subject to disciplinary action under the procedure set forth below.

For reports of alleged discriminatory harassment by a faculty member, other University employee, or other non-student, consult the procedures set forth in the University’s Harassment Policy, available at hofstra.edu/harassment. Students may report these matters through the University’s online reporting hotline at hofstra.edu/ethicspoint or to the Vice President for Human Resources & Chief Human Resources Officer, who is the Title IX Coordinator for Employee Matters, and who can be reached at 516-463-6859 or HumanResources@hofstra.edu. Where a report of alleged discriminatory harassment falls under the jurisdiction of the Title IX Grievance Policy, consult the procedures set forth in Title IX Grievance Policy in the Guide to Pride.

The following offenses are prohibited under this Policy:

Hate Crimes/Bias-Related Crimes. Hate crimes are criminal acts, including acts of violence, intimidation, or destruction of property, based upon bias and prejudice. Under the New York State Penal Code, a person commits a hate crime when he or she commits a specified offense and either (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct. In addition to discipline under this Policy, the New York State Penal Code, including the Hate Crimes Act of 2000, subjects bias-related and hate crimes to criminal prosecution and severe punishment.

Bias-Motivated Interaction or Contact. Bias-motivated interaction or contact is behavior, whether physical or verbal, or in-person or through the use of electronics or by any other means, that is motivated by bias based on actual or perceived race, color, religion, sex, sexual orientation, gender, gender identity or expression, age, national or ethnic origin, physical or mental disability, or marital or veteran status, that has the effect of intimidating, taunting, humiliating, or otherwise impeding the rights of another individual.

Discriminatory Harassment. Discriminatory harassment is verbal, nonverbal, expressive, or physical conduct that denigrates or shows hostility or aversion to an individual on the basis of that person’s Protected Characteristic and creates an intimidating, hostile, or offensive academic or residential environment or otherwise adversely affects the individual’s academic opportunities or participation in a University program, activity, or benefit. Hofstra’s definition of discriminatory harassment is interpreted and applied consistent with current legal standards, as well as accepted standards of mature behavior and objective reasonableness. 

Examples include:

1. Verbal abuse, insults, or ridicule based on a person’s disability
2. Displaying or distributing offensive materials, pictures, or toys that denigrate or show aversion to an individual or group based on religion
3. Unwanted flirtations, advances, or propositions of a sexual nature
4. Threatening or intimidating an individual because of their national origin
5. Stereotyping or using slurs or epithets because of an individual’s or group’s race
6. Other adverse treatment because of a Protected Characteristic

Procedure

Any member of the University community may initiate a complaint against a student who is believed to have violated this policy after the incident takes place, by filing a report on the University’s online reporting hotline or by filing a report with the Department of Public Safety by calling 516-463-6606 or by visiting the Mack Public Safety and Information Center located on the corner of Hempstead Turnpike and California Avenue. You may contact the Dean of Students Office at 516-463-6913 for assistance with filing a complaint. Reports of bias or harassment on the basis of sex, sexual orientation, or gender identity or expression may also be made to the Title IX Coordinator for Student Issues, Brittany Rhoden, who can be reached at StudentTitleIX@hofstra.edu, 516-463-5841, Room 127 Wellness and Campus Living Center, Hempstead, NY 11549.

Upon receipt of a complaint of a violation of this Policy, the University may take interim steps to protect reporting individuals and the larger University community as necessary, pending the outcome of the conduct process. Interim measures may include no-contact orders and interim suspension. The University will ensure that alleged victims of hate crimes and/or harassment are informed of their rights and have the opportunity to discuss available resources.
Complaints of violations of this Policy will be investigated and adjudicated in accordance with the Student Conduct Process, and University student or employee complainants also have all the rights listed under “Rights of a Student Charged” as outlined under the Student Conduct Process. The Department of Public Safety will conduct an initial investigation. If there are grounds for disciplinary action, Community Standards will then proceed with the investigatory procedures as outlined under the Student Conduct Process until a resolution is reached. If a hearing occurs, both parties will receive written notice of the outcome of the hearing, and the complaining student will have the same ability as the student charged to submit an appeal, in accordance with the appeal procedures described in the Student Conduct Process. All appeals will be conducted in an impartial manner by an impartial decision-maker, in accordance with the above-referenced procedures. 

Retaliation

No individual shall be penalized or retaliated against by a member of the University community for their participation in the investigation or disciplinary process related to a report made under this Policy. Retaliation is defined by applicable federal laws, including Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964. Any such retaliation constitutes a further violation of this Policy, to be adjudicated under these procedures.

False Reports

Reports of discriminatory harassment cannot always be substantiated due to the nature of the offenses. Lack of corroborating evidence should not discourage any person from seeking relief through the procedures in this policy. However, reports found to have been intentionally dishonest or made maliciously or without regard for the truth will constitute a violation of this policy.

Sanctions and Remedies

Students found responsible for a violation are subject to sanctions as set forth under the “Sanctions” section of the Code of Community Standards. The University will offer counseling and academic support services, as necessary and appropriate, to any person found to be subjected to harassment or bias, and where appropriate, counseling to the person(s) who committed the harassment.

Resources

Student Counseling Services. Students have access to mental health counseling through Student Counseling Services. Crisis intervention, initial intake, consultations, workshops, and psychoeducational groups are offered by Student Counseling Services. Any enrolled student is eligible to receive short-term individual counseling and participate in all programs, including workshops and psychoeducational groups, at no cost. You can contact Student Counseling Services at 516-463-2273.

Public Safety. The Department of Public Safety is open 24 hours a day, 365 days a year, to assist students and staff. You can reach Public Safety at 516-463-6606 or by visiting the Mack Public Safety and Information Center located on the southeast corner of Hempstead Turnpike and California Avenue. In an emergency, call 516-463-6789.

Student Access Services. Students with questions or concerns about disability-related issues may contact the Director of Student Access Services at 516-463-7075 or SAS@hofstra.edu or by visiting Suite 107 Mack Student Center. Students in need of assistance with filing a disability-related complaint may contact the Director of Student Access Services, as indicated above.

Chief Diversity and Inclusion Officer. The Chief Diversity and Inclusion Officer (CDIO) provides vision and leadership in promoting an institutional culture that values and supports diversity and inclusion. You can contact the CDIO at 516-463-6898 or equity@hofstra.edu.

The state of New York has enacted a law that requires the University to file its rules and regulations relating to the subject of "hazing" with the Regents and the Commissioner of Education. The following rules and regulations regarding hazing are hereby adopted by the University and that the same be filed with the Regents and the Commissioner of Education and be disseminated among the University community. Hofstra University recognizes that membership in a fraternity/sorority or other campus organization (herein collectively referred to as an "organization") can be a meaningful experience in conjunction with other aspects of the educational process. Unfortunately, however, membership or prospective membership in an organization is sometimes accompanied by a wrongful activity commonly known as "hazing." Hazing is a violation of the Penal Law and other laws of the state of New York as well as the general regulations of the University. Accordingly, the University hereby reaffirms its policy that it will not condone hazing of any kind. To this end, any student, faculty member, staff member, visitor, licensee or invitee who engages in hazing may be removed from the campus and, where appropriate, shall be subject to suspension, expulsion or other disciplinary action. Similarly, the University may take any or all of the following actions against any organization that authorizes hazing or those members (whether individually or in concert) who engage in hazing: rescind permission for the organization to operate on campus property, rescind recognition of the organization, and prohibit the organization from using the University's name in any manner.

Hazing has been defined as generally including, among other things:

1. Any action or situation that recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.
2. Any other act or series of acts that cause or are likely to cause mental or physical harm or danger.
3. Mistreatment by playing stunts or practicing abusive, humiliating or ridiculous tricks that subject an individual to personal indignity, humiliation or ridicule.
4. Harassment by exacting unnecessary, disagreeable, or difficult work or harassment by banter, ridicule or criticism. Some examples of such prohibited activities are:
   1. Abnormal or unusual dress holding the wearer up to ridicule, e.g., extraordinary headwear, costumes, underwear, body painting, etc.
   2. Performing unusual or abnormal acts, e.g., dancing on tables, standing at attention, standing on windowsills, blindfolding, etc.
   3. Excessive or unusual physical activities, e.g., crawling, duckwalk, push-ups, sit-ups, skipping, hopping, squatting, etc.
   4. Verbal or written harassment or abuse, e.g., yelling, making demeaning remarks, etc.

Violations of any of the foregoing prohibitions are also considered violations of the Student Conduct Code and shall be dealt with by the University as follows:

1. In the case of any individual or group that is not a member of the University community: The authorization for such individual or group to remain on University property will immediately be revoked; and if the individual or group thereafter refuses to leave University property, necessary and appropriate action will be taken to remove such person or group from the University property. In addition, the University may, at its sole discretion, take all necessary and appropriate action to prevent any such individual or group that engages in hazing from reentry University property.
2. In the case of a student: The student shall be requested to cease and desist from such prohibited conduct and, if he/she fails to do so, necessary and appropriate action will be taken to restrain and remove such student from University property. In addition, disciplinary proceedings shall be commenced, pursuant to the Code of Community Standards, against any student who engages in hazing. In accordance with those procedures, the penalties of suspension, expulsion or other disciplinary action may be imposed.
3. In the case of a non-student member of the Hofstra community: The person shall be requested to cease and desist from such prohibited conduct and, if he/she fails to do so, necessary and appropriate action will be taken to restrain and remove such person from University property. In addition, charges shall be brought, in accordance with appropriate University policy, against any non-student members of the Hofstra community who engage in such inappropriate conduct. Appropriate disciplinary action will be imposed in accordance with University approved procedures.
4. In the case of an organization: The organization shall be requested to cease and desist from such prohibited conduct and, if the organization fails to do so, necessary and appropriate action will be taken to eject such organization from University property. In addition, charges shall be instituted pursuant to the disciplinary procedures of the University against any organization that authorizes or engages in hazing. A hearing shall take place and, to the extent applicable, those procedures shall be followed. In addition to the penalties set forth in those procedures, the penalties of temporary or permanent rescission of permission for the organization to operate on campus property and temporary or permanent rescission of use of the University's name in any manner by such organization may be imposed.
5. Whenever, in the opinion of the Dean of Students or the designated representative, the conduct of any individual or organization poses an imminent threat to the physical or emotional safety of himself/herself or others or to property, the Dean of Students or the designated representative may immediately suspend such individual or organization and/or eject such individual or organization from the campus pending an appropriate hearing and final determination.
6. In addition to the foregoing, the University reaffirms its right to utilize and seek the aid of public authorities and such judicial, civil and criminal processes and proceedings ,at the discretion of the University, as may be necessary and appropriate. Any penalty imposed by the University shall be in addition to any penalty pursuant to the Penal Law or any other law to which a violator or organization may be subject.
7. The foregoing rules and regulations shall be part of the bylaws of all organizations operating on the University's campus. Every organization shall annually review its bylaws with all individuals affiliated with such organization.

Student Policy Prohibiting
Sexual Assault, Domestic Violence, Dating Violence & Stalking

INTRODUCTION

As an academic institution of higher learning, Hofstra University is dedicated to providing an environment conducive to intellectual and personal growth, with all members of the community encouraged to participate to the fullest extent of their abilities. Our primary mission is to provide a quality education to our students in an environment that encourages, nurtures, and supports learning through the free and open exchange of ideas, for the betterment of humankind. Integral to this mission is a commitment on the part of our entire community to norms of interpersonal respect ensuring that no individuals are subjected to sexual assault, domestic violence, dating violence, or stalking The protections of this policy apply to all regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.

The lawful and ethical conduct of our students plays an essential role in achieving our educational mission.

This Policy prohibits sexual assault, domestic violence, dating violence, or stalking and provides a complaint process when any Hofstra University student commits, aids, or attempts to commit one of these offenses. Prohibited Conduct is defined below in the Definitions section. This Policy is required by and is intended to comply with applicable provisions of Article 129-B of the New York State Education Law (Implementation by Colleges and Universities of Sexual Assault, Dating Violence, Domestic Violence and Stalking Prevention and Response Policies and Procedures); and the Campus Sexual Violence (SaVE) Act, Section 304 of the Violence Against Women Reauthorization Act (“VAWA”) of 2013; and other applicable federal, state, and local laws and regulations relating to sexual violence.

APPLICABILITY AND SCOPE

Any student who commits, aids, or attempts to commit any form of Prohibited Conduct, as defined below, (1) in a manner that has a reasonable connection with the University and (2) does not fall within the University’s Title IX Grievance Policy, is subject to disciplinary action under this Policy. When incidents of Sexual Misconduct involve students from another educational institution, Hofstra may work collaboratively with the other institution(s) to address the conduct, consistent with FERPA. Hofstra students, however, remain responsible for compliance with this Policy regardless of any collaboration with another institution.

The University reserves the right to adjudicate alleged violations of the Student Conduct Code arising from the same incident as an alleged violation of this Policy in one proceeding according to the procedures set forth in this Policy.

DEFINITIONS

All of the conduct defined in this section that does not fall within the University’s Title IX Grievance Policy is Prohibited Conduct under this Policy.

Domestic Violence
Domestic Violence is defined as felony or misdemeanor crimes of violence committed by a current or former spouse of the student, by someone who is or has cohabitated with the student as a spouse or intimate partner, by someone with whom the student has a child, by others to whom the student is related by consanguinity (blood) or affinity (marriage), or by unrelated persons who are (or have been in the past) continually living in the same household.

Dating Violence
Dating Violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the student. The existence of such a relationship shall be determined based on a consideration of the following factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.

Examples of domestic and dating violence include:

1. Slapping, kicking, pinching, biting, pulling hair, or punching an intimate partner
2. Threatening to hit, harm, or use a weapon on an intimate partner’s family
3. Pushing, grabbing, or choking an intimate partner
4. Physically restraining an intimate partner
5. Burning an intimate partner
6. Hurting or threatening to hurt the pet of an intimate partner

Stalking
Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for a student’s safety or the safety of others; or (2) suffer substantial emotional distress.
Stalking also includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used.

Examples of stalking include:

1. Constantly following a student
2. Repeatedly appearing at the student’s home, place of business, vehicle, or classroom for no legitimate purpose
3. Leaving unwanted messages, objects, or gifts at the student’s home, place of business, vehicle, or classroom.

Affirmative Consent
Understanding consent and how it relates to sexual encounters is key to understanding conduct that is prohibited by this policy. Consent is at the core of all healthy, respectful sexual interactions. As described in detail below, engaging in sexual activity without Affirmative Consent is Prohibited Conduct under this policy.

Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Affirmative Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of Affirmative Consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

1. Affirmative Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute Affirmative Consent to any other sexual act.
2. Affirmative Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
3. Affirmative Consent may be initially given but withdrawn at any time.
4. Affirmative Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Students who are charged with initiating sexual activity without consent cannot use as a defense that they themselves were under the influence of drugs and/or alcohol at the time they committed the violation.
5. Affirmative Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
6. When Affirmative Consent is withdrawn, or can no longer be given, sexual activity must stop. It is the responsibility of the student who initiates sexual contact to obtain this Affirmative Consent; in other words, to confirm that the person with whom the student is involved has consented to engage in a sexual activity.

Lack of Affirmative Consent exists where the accused knew, or a reasonable person in the position of the accused should have known, of the other person’s inability to consent. For example, there is no Affirmative Consent where the accused knew, or a reasonable person in the position of the accused should have known, that the other individual was unable to make an informed rational judgment due to the individual’s use of alcohol or other drugs.

Sexual Assault
Sexual Assault consists of any of the following:

1. Any intentional touching or fondling either directly or through the clothing, of a person’s genitalia, anus, groin, breast, inner thigh, or buttocks without Affirmative Consent where touching is done with an intent to abuse, humiliate, harass, degrade or arouse, or gratify the sexual desire of any person.
2. Any sexual penetration (anal, oral, or vaginal), however slight, with any object or body part, without Affirmative Consent.
3. Sexual act or sexual activity. The terms “sexual act” or “sexual activity” as used within this Policy refer to the acts described in the definition of Sexual Assault.

GENERAL PROVISIONS

As used in this policy, the “reporting individual” is the University student or employee who is alleged to have been harmed by a reported violation of this Policy, while the term “complainant” refers to the same student or employee after a Complaint has been filed, as described below. The terms “accused” and “respondent” both refer to the student accused of violating this Policy. Hofstra University remains the official charging party in proceedings under this Policy, but the complainant and respondent have certain rights in these proceedings as stated in this Policy.

This Policy is intended to provide a process to address, respond to, and adjudicate reports of Prohibited Conduct under this policy, where such conduct is alleged to have been committed by a Hofstra student. For reports of Prohibited Conduct against a faculty member, other University employee, or other non-student, consult the procedures set forth in the Harassment Policy, available at hofstra.edu/harassment. Students should report these matters to the Chief Human Resources Officer, who is the Title IX Coordinator for Employee Matters, and who can be reached at 516-463-6859, at HumanResources@Hofstra.eduor through the University’s online reporting hotline.

The University may pursue disciplinary action against a student for violation of this Policy at the same time the student is facing criminal charges for the same offense, even if the criminal prosecution is pending or has been dismissed, or the charges have been reduced. The University may delay any proceeding or investigation for up to ten (10) days when requested by external municipal entities for law enforcement purposes, and for a longer period of time when specifically requested and justified by law enforcement.

Supportive Measures and Interim Protections
Upon receipt of a report of a violation, the University will take steps to protect reporting individuals and the larger University community as necessary pending the outcome of the conduct process. Reporting individuals will be provided with reasonable and available supportive measures and accommodations that may include a change in academic, housing, employment, transportation, or other applicable arrangements in order to help ensure safety, prevent retaliation, and avoid an ongoing hostile environment, consistent with the University’s policies and procedures. Supportive measures may also include counseling, extensions of deadlines or other course-related adjustments, modifications of work and class schedules, campus escort services, and increased security and monitoring of certain areas of campus.

An accused may be subject to summary suspension when the University determines that the accused presents a continuing threat to the health and safety of the community. In the case of a summary suspension, the student may request an expedited hearing.

When the accused is not a student but is a member of the University community and presents a continuing threat to the health and safety of the community, the University will subject the accused to interim measures in accordance with University rules and policies. For procedures applicable where the accused is an employee, see the Harassment Policy at hofstra.edu/harassment.

Supportive measures may also include no contact orders when the accused is a student. All no contact orders will be mutual– i.e., neither student involved will be permitted to contact the other — unless the University determines, in its discretion, that a non-mutual order is appropriate. Any such no-contact order shall provide that if the accused and the reporting individual observe each other in a public place, it shall be the responsibility of the accused to leave the area immediately and without directly contacting the reporting individual. Continued intentional contact by the accused with the reporting individual when a no-contact order is issued under this section is a further violation of this Policy that would be subject to additional charges.

The University may establish an appropriate schedule for the accused and the reporting individual to access applicable University buildings and property at a time when such buildings and property are not being accessed by the reporting individual. Once a no-contact order is issued and has been sent to a party, it is considered to be in effect regardless of whether the party signs the no-contact order.

Failure of students to adhere to the parameters of any no-contact order is a violation of this Policy and may lead to additional disciplinary action.

Review Process: No-contact orders issued under this section and/or other interim or supportive measures and accommodations are subject to the following review process. Either student shall, upon written request to the Associate Vice President for Student Affairs or designee, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any no-contact order, interim or supportive measure, or accommodation that directly affects the student, including potential modification of such measure or accommodation, and shall be allowed to submit evidence in support of the student’s request. The other student will be notified of and entitled to review any such request and evidence submitted and will have the opportunity to oppose any such request in writing to the Associate Vice President for Student Affairs or designee at StudentAffairs@hofstra.edu. The other student’s opposition must be sent within two (2) business days of being sent a copy of the request.

All interim no-contact orders, including those described in the section below, will expire at the earlier of:

1. a final resolution of a Complaint made to Public Safety in accordance with the Conduct Procedures below;
2. a final resolution in an Alternative Resolution process; or
3. where students have not taken the steps necessary to make a Complaint as described in How to Make a Complaint and Begin the Disciplinary Process, fourteen (14) days following the issuance of the no-contact orders, unless otherwise directed by the University. The time period for all other interim protections and accommodations will be determined by the University in its discretion.

Once a no contact order is issued and has been sent to a party, it is considered to be in effect regardless of whether the party signs the no contact order.

Assistance with Orders of Protection: Orders of protection are issued by New York state courts. The University does not issue orders of protection, but will ensure that students are referred to the appropriate officials to assist in obtaining a New York state court order of protection or an out-of-state equivalent. If the University receives a copy of an order of protection, the reporting individual will also have the right to receive a copy. In all instances where students obtain orders of protection, they will have an opportunity to be referred by the Title IX Coordinator for Student Issues to an appropriate individual, who can explain the order and answer questions about it, including information from the order about the accused’s responsibility to stay away from the protected person or persons, and an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension. Public Safety will also provide assistance to complainants in calling on and assisting local law enforcement in effecting an arrest for violation of an order of protection.

No Retaliation
No individual shall be penalized or retaliated against by a member of the University community for their participation in the investigation or disciplinary process related to a report made under this Policy.
Any such retaliation constitutes Prohibited Conduct and a further violation of this Policy, to be adjudicated under these procedures.

Title IX Coordinator for Student Issues

The Title IX Coordinator for Student Issues is responsible for overseeing the University’s response to reports and Complaints by students against students under this policy; and for addressing any patterns or systemic problems revealed by such reports and Complaints against students. The Title IX Coordinator for Student Issues is responsible for maintaining data about reports of Domestic Violence, Dating Violence, Stalking, and Sexual Assault against students. The Title IX Coordinator for Student Issues is also responsible for referring any reports of Domestic Violence, Dating Violence, Stalking, and Sexual Assault against employees or other nonstudents to the Chief Human Resources Officer, who serves as the Title IX Coordinator for Employee Matters. The Title IX Coordinator for Student Issues, Brittany Rhoden, is available to meet with students as needed. She can be reached at StudentTitleIX@hofstra.edu, 516-463-5841, Room 127 Wellness and Campus Living Center, Hempstead, NY 11549.

There are also designated Deputy Title IX Coordinators, who are available to students to receive reports of violations and to discuss issues related to this Policy and its procedures:

Jennifer Boscarino-Green, 516-463-4961, Vice Dean and Director for Student Outreach and Retention Initiatives, Center for University Advising, Room101F Memorial Hall

Chermele Christy , 516-463-6913, Dean of Students, Room 243 Mack Student Center North Campus 

Paul Ferrante, 516-463-6916, Assistant Director of Student Leadership and Engagement for Fraternity and Sorority Life, Student Leadership & Engagement, Room 244 Mack Student Center

Jodi Langsfeld, 516-463-7145, Associate Dean for Student Affairs (Medical School), Room 227A Zucker School of Medicine

Lisa Monticciolo, 516-463-4809, Dean of Students and Diversity and Inclusion Officer (Law School), Room 204A Deane School of Law

Zaibis Muñoz-Isme, 516-463-6558, Assistant Vice President for Student Enrollment, Engagement, and Success, Bernon Hall 115

Rachel Peel, , 516-463-4960, Senior Associate Athletic Director for Student Athlete Success, Room 0202 Shuart Stadium

Comila Shahani-Denning, 516-463-6343, Senior Vice Provost for Academic Affairs, Room 225 West Library Wing

Russ Smith, 516-463-6931, Director of Residential Education & First Gen Initiatives, Room 126 Wellness and Campus Living Center

Reporting Options
The University encourages students who have experienced Prohibited Conduct to talk to someone at the University about what happened – so students can get the support they need, and so the University can respond appropriately. This section describes reporting options for students.

Reporting a Violation.Students who wish to report Prohibited Conduct should contact the Title IX Coordinator for Student Issues, a Deputy Title IX Coordinator, or the Department of Public Safety. Students may also report a violation through the University’s online reporting hotline. Students making a report may ask to remain anonymous or that a Complaint not be pursued, and the University will weigh that request against its obligation to provide a safe, nondiscriminatory environment for the community.

Pursuing a Complaint.Students who wish to make a Complaint to begin the disciplinary process should file a Complaint with Public Safety, as described in the section How to Make a Complaint and Begin the Disciplinary Process.
Confidentiality.Students who want to keep information strictly confidential may speak to Confidential Resources. These are University employees, such as counselors in Student Counseling Services, who are required to maintain confidentiality and will not share information with school administration or other parties. See Confidential Resources section. All other University employees who receive information about Prohibited Conduct are encouraged to report all relevant information (including the identities of both the student complaining and the respondent) to the Title IX Coordinator for Student Issues.

Even Hofstra offices and employees who cannot guarantee confidentiality will maintain a student’s privacy to the greatest extent possible. The information students provide to a non-confidential resource will be relayed only as necessary for the University to respond.

Confidential Resources
Where a violation is reported to individuals at the University who serve in a professional role in which communication is protected under applicable federal, state, or local law or regulation or licensing authority – including counselors in Student Counseling Services and medical professionals in Student Health Services, and clergy in the Interfaith Center – such reports will not be further disclosed to the extent the communication is protected by law.

In other words, when a student talks to one of these Confidential Resources about an incident of Prohibited Conduct, that individual will not share the information with school administration or any other parties without the student’s permission except in rare, extreme circumstances required by law.

A student who speaks to one of these Confidential Resources must understand that, if the student wants to maintain confidentiality, the University will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. Where a student notifies any such counselor of conduct prohibited by this policy – i.e., where the communication is protected by law – the University will not be on notice of such Prohibited Conduct.

Note: Those students who are not sure whether the person to whom they are reporting will keep their report confidential should ask the person before disclosing the information.

Disclosure during Public Awareness and Advocacy Events
If a student discloses information through public awareness events such as candlelight vigils, protests, or other public events, the University will not take action based on this information. The University may use the information provided at such an event to inform its efforts for additional education and prevention.

University Disclosure – Clery Act and FERPA
Statistics generated from student reports of certain crimes occurring in certain geographic locations are included in the University’s Clery Act Annual Security and Fire Safety Report in an anonymous manner that does not identify the specifics of the crime or the identity of the reporting student.

The University is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the reporting individual). A reporting individual will not be identified in a timely warning.

The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, (2) when the student is a dependent on either parents’ prior year federal income tax return, or (3) when the student has filed a waiver of FERPA protections. Generally, the University will not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the permission of the reporting student.

Alternative Resolution
At any time after a report of Prohibited Conduct, but before any determination regarding responsibility is made, an alternative resolution may be pursued where any reporting individual/complainant and the respondent involved so desire and the University deems it to be appropriate. Alternative resolution, which is optional, is designed to obtain an expedient, mutually acceptable solution without the necessity for conducting further formal proceedings. The purpose is to attempt through discussion and inquiry to make an effort to resolve or work out the issue in a non-adversarial manner. The Title IX Coordinator for Student Issues, the Director of Community Standards, or designee is authorized and encouraged to explore alternative resolution any time after the report of an incident is received. If the report is resolved to both students’ satisfaction, the Title IX Coordinator for Student Issues, the Director of Community Standards, or designee will provide the students with a written statement reflecting the terms of the resolution and stating that the agreed-upon resolution will be undertaken. This written statement should be signed by the reporting individual/complainant and the accused/respondent. Upon the signing of the written statement of alternative resolution, the matter will be deemed closed, and no party will be permitted to appeal, contest, re-open, or otherwise attempt to set aside the terms of the alternative resolution as long as the terms are adhered to unless agreed to by both parties and the University in writing.

Remaining Anonymous or Declining to Pursue a Complaint

Students may report Prohibited Conduct to an employee but ask to remain anonymous, ask that no Complaint be pursued, and/or request that no investigation into a particular incident be conducted or disciplinary action taken. In any of these instances, the University will weigh that request against the University’s obligation to provide a safe, nondiscriminatory environment for all.

If the University honors the request, a reporting individual must understand that the University will have only a limited ability to investigate the incident meaningfully or to take disciplinary action against the alleged accused.

The University may take proactive steps, such as training or awareness efforts, to combat domestic violence, dating violence, stalking, or sexual assault in a general way that does not specifically identify those who disclose or the information disclosed.

The University shall assist with academic, housing, transportation, employment, and other reasonable and available accommodations regardless of the student’s reporting choice.

How to Make a Complaint and Begin the Disciplinary Process

Students who wish to pursue a Complaint of a violation of this Policy and pursue disciplinary proceedings against the respondent should make a Complaint regarding the Prohibited Conduct (referred to in this Policy as “Complaint”) through the Department of Public Safety by calling 516-463-6606 or by visiting the Mack Public Safety and Information Center located on the corner of Hempstead Turnpike and California Avenue. Complaints can also be filed with the Title IX Coordinator for Student Issues by calling 516-463-5841, visiting 127 Wellness and Campus Living Center, or emailing StudentTitleIX@hofstra.edu. A Complaint under this Policy must allege Prohibited Conduct, and request that the University investigate the allegations.
Public Safety is available 24 hours a day. Public Safety can assist in connecting students with counseling, medical, and other support services, and in notifying the law enforcement authorities, if such assistance is requested. Students may choose to proceed through both criminal and University disciplinary processes simultaneously, or may choose to decline to notify outside authorities. For additional information, please refer to the “Safety and Security Policies” section of the Guide to Pride or call 516-463-6606.

Amnesty
The health and safety of every student at Hofstra University is of utmost importance. The University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that domestic violence, dating violence, stalking, sexual assault, or other violence occurs, may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Hofstra University strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to University officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to University officials or law enforcement will not be subject to the University’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.

Advisors
Both the complainant and the respondent will have the right to be accompanied by an advisor of choice who may assist and advise the student throughout the conduct process under this Policy, including during all meetings and hearings relating to the process. It is the student’s responsibility to retain an advisor and notify the advisor of meetings and hearings; meetings and hearings will not be rescheduled to accommodate an advisor’s schedule. All guidelines stated in “Advisor’s Role in University Proceedings” in the Code of Community Standards apply to the Advisor’s role under this Policy. Students must identify their Advisor and complete an Advisor Form from the Office of Community Standards, which must be signed by their Advisor.

Advisors will not be permitted to speak or ask questions on behalf of students during meetings or hearings. The University has a long standing practice of requiring students to participate in the process directly and not through an advocate or representative. The advisor is not an advocate. A witness to the matter may not serve as an advisor.

Annual Training
All Title IX Coordinators, investigators and members of an Administrative Board or appeal panel that is adjudicating cases under this Policy, as well as any individual who facilitates an alternative resolution under this Policy will receive annual training in the following: conducting investigations and grievance processes for allegations of Prohibited Conduct, including hearings, appeals, and informal resolution processes, as applicable, in accordance with a process that protects the safety of victims, ensures due process protections for all parties, and promotes accountability; the effects of trauma; the scope of the University’s education program or activity, how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made pursuant to this Policy; and other issues relating to domestic violence, dating violence, sexual assault, and stalking, including the definition of the offenses. Decision makers will receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence.

Conflicts of Interest
Any individual who has been designated by the University as Title IX Coordinator, investigator, Administrative Hearing Board member, or any person designated to facilitate an alternative resolution process, must not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

Upon being notified of the members of the board and the Hearing Officer, the parties have the right to request the removal of a member of the board or the Hearing Officer if a conflict of interest exists. The request must be made to the Dean of Students or designee, and the party must be prepared to substantiate this contention. Removal of a member of the board or the Hearing Officer may be granted or denied based on the Dean of Students or designee’s determination as to whether or not there is just cause.

False Reports
Reports of Prohibited Conduct cannot always be substantiated due to the nature of the offenses. Lack of corroborating evidence should not discourage any person from seeking relief through the procedures in this policy. However, reports found to have been intentionally dishonest or made maliciously or without regard for the truth will constitute a violation of this Policy.

CONDUCT PROCEDURES
These procedures are provided for the prompt and equitable resolution of Complaints brought by University employees and students alleging Prohibited Conduct by a student that does not fall within the University’s Title IX Grievance Policy. The process set forth below will be conducted in a reasonable, prompt, and efficient manner, with the timing depending on a variety of factors, including the severity, extent, and complexity of the allegations, and timing of report in connection with the academic calendar.

Complaint
Complaints against students should be initiated as soon as possible after the incident takes place by filing a Complaint with the Department of Public Safety or the Title IX Coordinator for Student Issues, as described above in How to Make a Complaint. Students may contact the Dean of Students Office or the Title IX Coordinator for Student Issues for any assistance they need with filing a Complaint.

The University may dismiss the Complaint or any allegations therein, if at any time during the investigation or hearing: A complainant notifies the Title IX Coordinator for Student Issues in writing that the complainant would like to withdraw the Complaint or any allegations therein; the respondent is no longer enrolled at the University; or specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Complaint or allegations therein. The dismissal of a Complaint may be appealed in accordance with the procedures outlined in the “Decisions and Appeals” section below, by sending a written appeal to the Dean of Students within seven (7) calendar days of after receiving notice of the dismissal of the Complaint.

The University may consolidate Complaints as to allegations of Prohibited Conduct against more than respondent, or by more than one complainant against one or more respondents, where the allegations of Prohibited Conduct arise out of the same facts or circumstances.

Investigation
Investigations of Complaints will be prompt, thorough, and impartial.

Both the complainant and the respondent will have the opportunity to offer evidence during the investigation. The complainant and respondent should present all proposed evidence, including pictures, documents, or other written or electronic materials, and all potential witnesses, to the investigator during the initial investigation. Students will be precluded from introducing evidence or witnesses that are not submitted to the Department of Public Safety investigator at least 5 business days prior to the scheduled Hearing, unless the University, in its sole discretion, finds that extenuating circumstances exist.

Where grounds for further proceedings have been found, the respondent will receive notice from the Office of Community Standards, and an informational meeting will be scheduled as described in the following section.

Informational Meeting
Both the respondent and complainant will schedule separate informational meetings, and will receive reasonable written or electronic notice, provided in advance, of this meeting and any other meeting under this policy that they are required or eligible to attend.

Both students will receive notice of the charge, which serves as formal notification that a charge of violation of this Policy has been brought forward against the respondent. The University may hold students accountable and subject to sanctions for violations that are not referenced in the initial notice of the charge but arise from the same incident and are learned about from evidence, testimony, or admission at a hearing or during the investigatory process, consistent with the procedures set forth in this Policy.

Both the respondent and the complainant will be given the opportunity during their individual informational meeting to discuss and review the charges as well as any evidence in the Case File, which is maintained by the Office of Community Standards, to the extent permitted under confidentiality laws, including FERPA. The University reserves the right to have a University representative present during the review of any evidence in the Case File. Students are not entitled to keep copies or take photographs of party or witness statements or other documentary evidence. During the informational meeting, students will have the opportunity to ask and answer questions regarding the allegation(s) and the disciplinary process under this policy and will be provided with educational or other resources applicable to the allegations as appropriate.

For documented emergencies and other documented extenuating circumstances, a student may request one (1) postponement of the student’s informational meeting, provided that the Office of Community Standards is notified at least one business day in advance of the scheduled meeting. Failing or refusing to sign any forms does not absolve the student of the responsibility for following all directives outlined.

Options for Resolution
Following the informational meeting, there are three possible options for resolution:

• • Acceptance of responsibility. The respondent may elect to accept responsibility for the Charge. In such cases, the University will determine the appropriate sanction in accordance with Sanctions and Remedies, including the submission of written impact statements, and the respondent will automatically waive their rights associated with a hearing. The complainant will receive written notice of: (i) the election to accept responsibility; (ii) the sanction as it relates to the complainant, to the extent consistent with FERPA; and (iii) any individual remedies offered or provided to the complainant. Both students will be sent concurrent notification by the Office of Community Standards of the rationale for the sanction consistent with FERPA. The sanction will be appealable as set forth below.
  • Alternative Resolution. See the Alternative Resolution section, above.
  • Hearing. Where the respondent denies responsibility or one or both parties request a formal hearing, the Charge will proceed to a formal hearing where it will be determined whether it is more likely than not that the respondent violated this Policy. The hearing will be conducted according to the procedures set forth below. Where the respondent fails to respond, a decision will be made based upon the information in the Case File.

Rights of the Respondent.
The respondent shall be entitled to a presumption that the respondent is not responsible for Prohibited Conduct unless and until a determination regarding responsibility is made at the conclusion of the process set forth in this Policy.

Administrative Board and Hearing Preparation
Only an Administrative Board will adjudicate proceedings under this Policy; student board hearings are not available for these proceedings. The Administrative Board shall consist of three administrators/faculty assigned by the Vice President for Student Affairs or designee. The Administrative Board shall include at least one male and one female member. The Hearing Officer will serve as the Chairperson of the hearing and shall conduct the hearing in accordance with this Policy.

The Administrative Board will engage in an objective evaluation of all relevant evidence—including both inculpatory and exculpatory evidence. Credibility determinations may not be based on a person's status as a complainant, respondent, or witness.

Rights/Obligations of the Parties
When an administrative hearing is conducted under this policy, the parties have the rights and obligations listed below. The University, in its sole discretion, may extend the time frames listed below as necessary and appropriate.

• Notice of Hearing. The parties shall be informed by the Office of Community Standards, in writing, of the date, time, and place of the hearing. The hearing will be scheduled reasonably promptly following the initiation of the Complaint. The complainant and respondent shall be allowed a reasonable amount of time to prepare for the hearing.

• Witnesses and Other Evidence. The complainant and respondent shall each have the right to speak for themselves, to present witnesses and other evidence in the Case File, and to challenge the evidence.

Witnesses

• • The parties may propose witnesses with knowledge of the facts to speak on their behalf. Each party must submit a final written list of all their proposed witnesses or any signed witness statements to the Office of Community Standards for approval at least five (5) business days prior to the hearing. All witness names proposed on this list must have been previously submitted to the Department of Public Safety during the initial investigation as set forth under Investigation.
  • Approval of all witnesses is at the sole discretion of the University. All witnesses must be deemed relevant by the University in its sole discretion.
  • The Office of Community Standards will send each party a written list of all approved witnesses prior to the hearing date and will notify all University employee or student witnesses of the hearing time, date and place to appear via their University email address. The University reserves the right to call additional witnesses up to and during the hearing at its sole discretion.
  • It is the responsibility of each party to notify their approved witnesses of the hearing time, date, and place to appear, unless their approved witnesses are Hofstra students or Hofstra employees, in which case the Office of Community Standards will notify as set forth in (iii) above.

Other Evidence

• Parties may present and challenge all evidence that has been placed in the Case File, as described in the Informational Meeting section, above. Parties may request an appointment to view the Case File (subject to FERPA) during regular business hours at any time before the hearing, so long as the request is made prior to the hearing. Copying of any evidence in the Case File by any means by students or their Advisors is strictly prohibited. The University reserves the right to supplement the Case File at any time.

• Postponing the Hearing. The University reserves the right to postpone or adjourn a hearing in its discretion. Each party shall be entitled to postpone the hearing one (1) time with just cause, as long as the request is made at least one business day prior to the hearing. The Office of Community Standards will determine if a postponement is warranted. Postponements cannot be made to accommodate the schedule of an advisor or other student witnesses. Any additional postponements may be granted or denied at the University’s discretion.

• Failure to Appear. If a party fails to appear, the hearing may proceed in that party’s absence, and a decision may be rendered. The sole fact of a party’s absence from the hearing shall not, in and of itself, be deemed to create any adverse inference against that party.

Hearing Process
The usual format of a hearing is set forth below. The Hearing Officer has the discretion to change the order, as he or she deems appropriate. The University reserves the right to call appropriate University community members to serve as witnesses and/or to offer testimony at the hearing. Any evidence introduced at the hearing shall be part of the hearing record (“Hearing Record”).

The Hearing Officer will conduct the hearing in an orderly manner, state the charges, rule on the relevancy of matters discussed and evidence presented, call witnesses, and coordinate and lead the questioning process. The Hearing Officer shall obtain affirmations from parties and witnesses of their obligation to testify truthfully.

• Cases will be introduced and charge(s) read by the Hearing Officer.
• Opening statement by complainant.
• Opening statement by respondent.
• Statement(s)/report(s) from witness(es) on behalf of the complainant.
• Questions for these witness(es) from members of the board, the complainant, and the respondent.
• Statement(s)/report(s) from witness(es) on behalf of the respondent.
• Questions for these witness(es) from members of the board, the respondent, and the complainant.
• Questions for the respondent from members of the board and the complainant.
• Questions for the complainant from members of the board and the respondent.
• Closing statement from respondent.
• Closing statement from complainant and/or University

Note: At the request of either party, the parties may be located in separate rooms with technology enabling the Board and parties to simultaneously see and hear the party or the witness answering questions. The Hearing Officer may determine, in their discretion, that the parties should not personally question each other or witnesses. In such situations, the parties will be permitted to propose questions to the Hearing Officer to be read. The Hearing Officer, in their discretion, may accept or reject any question so submitted.

Note: During the hearing, statement reports are provided verbally. If a witness or party is absent, the Hearing Officer will enter written statements pre-approved by the Office of Community Standards into the record. The University reserves the right to redact absentee witness statements to ensure that statements read into the record comply with the Policy. The parties will have the opportunity to challenge these written statements at the hearing in lieu of questioning.

Note: Neither party may ask questions or present evidence about prior sexual history with persons other than the other party or about the mental health diagnosis and/or treatment of the other party during the stage of determining responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the stage of determining sanction. Either party may ask questions or present evidence about their own prior sexual history or mental health diagnosis and/or treatment at any time, so long as the information is relevant and otherwise in compliance with this policy. However, that party must be prepared to answer questions regarding this information from the Board and the other party if they choose to introduce this information into the hearing.

All individuals participating in the hearing shall be subject to any Rules of Decorum set forth by the University.

Deliberation and Decision
Following the close of the hearing, the Administrative Board shall deliberate, and the Hearing Officer shall serve as a non-voting facilitator for the deliberations.

The Board may not take into account as evidence of culpability the mere fact that a criminal investigation or prosecution is pending in relation to the events complained of.
The Administrative Board shall determine responsibility by choosing one of the following options using the preponderance of the evidence standard:

• • Responsible. The Administrative Board finds that it is more likely than not that the respondent violated the Policy.
  • Not Responsible.

Sanctions and Remedies
If the respondent is found Responsible, the Hearing Officer or designee determines the sanctions. Each party shall have the opportunity to make a written impact statement before the sanction determination is made. Potential sanctions are set forth in detail in the Code of Community Standards section on “Sanctions,” and include probation, residence hall removal and/or ban, suspension, and expulsion.

In determining an appropriate sanction, the Hearing Officer or designee shall consider aggravating factors, including (a) any record of past violations, (b) the nature and severity of such past violations, and (c) premeditation/intent to commit a violation.

The following should also be considered in determining the sanction: whether the sanction will (a) bring an end to the violation in question, (b) reasonably prevent a recurrence of a similar violation, and (c) remedy the effects of the violation on the complainant and the University community.

In accordance with the University’s policy on “Minimum Sanctions,” as set forth in the Code of Community Standards, for certain serious breaches of University policy that constitute a serious threat to other individuals or the community, a minimum penalty of suspension from the University (including removal from the residence halls) for at least one full semester to permanent expulsion may be imposed. This includes but is not limited to conduct in violation of New York state criminal law or federal law, which poses a serious threat to the University community, a serious physical attack upon another person, and sexual violence.

The University will offer counseling and academic support services, as necessary and appropriate, to any student involved in proceedings under this policy. The University will also take additional steps, as appropriate, which could include training sessions and other measures, to prevent recurrence of violations, and remedy their effects. The University will offer appropriate remedies to the complainant where a respondent has been found responsible for Prohibited Conduct.

Sanctions will be held in abeyance until a decision is rendered in a final appeal under the process described below, or the time to appeal has expired without an appeal being submitted, unless the University determines that sanctions should go into effect sooner in order to protect the health or safety of the University community. Where sanctions are held in abeyance, interim protections may continue in effect.

After the conclusion of the final appeal, or where the time for appeal has expired, the University may issue a mutual no-contact order, where a respondent is found not responsible, if it determines such a no-contact order is in the best interest of the parties and/or the University. Such a no-contact order is not considered a sanction, shall not be part of the disciplinary record of either party, and shall not burden one party more than the other.

Decisions and Appeals

Both students will be sent concurrent notification by the Office of Community Standards of the decision of the Administrative Board, the findings of fact supporting the decision, and the rationale for the decision. Where sanctions are imposed, the students will be notified of the rationale for the sanction.

The complainant shall also be notified as to any individual remedies offered or provided to the complainant, and other steps the school has taken to eliminate any hostile environment and prevent recurrence, if applicable. The respondent will not be notified of any individual remedies offered or provided to the complainant.

Either party may request an appeal of the decision (responsible or not responsible) and/or sanction(s) by submitting a written petition for an appeal to the Dean of Students within seven (7) calendar days after receiving the decision letter, on any of the following grounds:

• There is new evidence to warrant a new hearing in a way that affected the decision or sanctions; or
• The student’s procedural rights have been violated; or
• The severity of the sanction is inappropriate given the details of the case.

Dissatisfaction with the outcome of the hearing alone is not sufficient grounds for appeal.

The student(s) must submit the written petition for appeal to the Dean of Students specifying one or more of the above grounds. A request on any of these grounds must clearly explain, in detail, the basis for the appeal, and should include any available documentation. The appeal is limited to an inquiry of the issue or issues raised in the Charge. The appeal is not intended to be a rehearing of the original hearing.

The Office of Community Standards will notify the party who did not request the appeal in writing and that party will have five (5) calendar days from the date of notification to submit a response to the appeal. The party who did not submit the response will receive a copy of the response.

The appeal will be conducted by a three-person panel that includes the Assistant Vice President/Dean of Students (referred to as “Dean of Students”; all references in this section to the “Dean of Students” include the Dean of Students or designee), and two other individuals designated by the Vice President for Student Affairs. Each party will receive notice of the names of the members of the panel and the right to request the removal of a member of the panel if a conflict of interest exists. The request must be made to the Dean of Students, and the party must be prepared to substantiate this contention. Removal of a member of the appeals panel may be granted or denied based on the determination by the Dean of Students as to whether or not there is a conflict of interest.

In addition to filing a written appeal or response, either party may request a hearing before the appellate panel, which request may be granted or denied in the discretion of the panel. If such a hearing request is granted, both parties will be notified and each party will be permitted to present their position orally (limited to thirty (30) minutes or an appropriate length of time as determined in the discretion of the panel) and may be questioned by the panel.

All appeals will be conducted in a fair and impartial manner. The panel will decide whether to modify or uphold the original sanction or decision. Modification of the sanction may include either raising or lowering of the sanction. Appellate decisions will be based solely on the three grounds for appeal; appellate decision maker(s) will not substitute their judgment for the judgment of the Administrative Board.

Deference will be given to the judgment of the Administrative Board absent an abuse of discretion or clearly erroneous determination that cannot be reasonably supported by the information considered. Both parties will be sent concurrent notification in writing of the result of the appeal.

In situations where new evidence is introduced, the appeals panel may decide, based on its discretion, to re-open the case with the original hearing board. Based on the new evidence heard, the original hearing board may uphold or modify its decision, and the sanction may be upheld or modified.

Modification of the sanction may include either raising or lowering of the sanction.

Final Appeal to Vice President for Student Affairs
Within five (5) calendar days after the date of the written appellate decision, either party may submit written objections to the decision to the Vice President for Student Affairs. Such written objections should set forth, in detail, the reasons why the objecting party believes the appellate decision should not be affirmed, or why the recommended penalty should not be adopted, by the Vice President for Student Affairs. New grounds for appeal may not be raised at this stage and are limited to the bases for appeal set forth above. A copy of the written objections will be provided to the other party in interest, who may file a written response within five (5) calendar days after the date the objections were sent. The party who did not submit a response will receive a copy of the response.

Either party may request a hearing before the Vice President for Student Affairs, which may be granted or denied in the Vice President’s discretion. If such hearing is granted, both parties will be notified and each party will be permitted to present their position orally (limited to thirty (30) minutes or an appropriate length of time as determined in the discretion of the Vice President) and may be questioned. The decision of the Vice President for Student Affairs shall be final.

Records
To ensure the integrity of the hearing process and maintain an accurate record of the proceedings, Hofstra University records the administrative hearings conducted under this policy. Originals or copies of these recordings will not be released, unless pursuant to a lawfully issued subpoena or court order. Students may request to listen to recordings or view transcripts, as applicable, and may take notes on their prior proceedings to the extent permitted by FERPA. The University reserves the right to have a University representative present during any review of recordings or transcripts. As with other hearing materials, only those individuals directly involved in an appeal (the Dean of Students, Associate Dean of Students or designee, Assistant Dean for Community Standards or designee, Title IX Coordinator for Student Issues or designee, the respondent and the respondent’s advisor, the complainant and the complainant’s advisor, and hearing board and appellate hearing board members) may request to listen to any part of the recording. The complainant and accused student will have the right to access the recording or transcript for seven years from the date of the hearing at a time and place determined by the University. Copying of the hearing materials or transcript by students or their Advisors by any means is strictly prohibited.

Note: Only the chairperson of the hearing is allowed to record the hearing on a University recording device or through a court reporter. All other recording and/or cell phone devices are not permitted during the hearing.

The Office of Community Standards is responsible for maintaining the Hearing Record together with the audio recording of the hearing pursuant to the University’s Record Retention Policy.

Any publicly available recordkeeping, such as crime statistics reported as part of the University’s Annual Security Report, will be accomplished without the inclusion of identifying information about any reporting individual, to the extent permissible by law.

Students have the right to choose whether to discuss or disclose the outcome of the processes under this policy, and will have the right to have all information obtained during the course of the process under this policy protected from public release until the appeals panel makes a final determination unless otherwise required by law. Even after the appeals panel makes a final determination, FERPA protections will still apply to the information as applicable.

APPENDIX I: RESOURCES

• If You Experience Sexual Assault, Domestic Violence, Dating Violence or Stalking Your safety and well-being are of paramount importance. What you choose to do after an incident is up to you, but you are encouraged to take the following actions immediately:

• • Go to a place where you feel safe.
  • Contact or have a friend contact Public Safety at 516-463-6606. In an emergency, call Public Safety at 516-463-6789, or, if you’re off-campus, call 911. You have the option to notify Public Safety and local police, and to be assisted by Public Safety in notifying local police if you so choose. You also have the option to decline to notify these authorities.
  • To speak to a Confidential Resource who will not report your information further, you can contact the Student Health and Counseling Center at 516-463-6745 (Public Safety will contact the Student Health and Counseling Center during non-business hours), or one of the following chaplains in the Interfaith Center: Catholic Chaplain, 516-463-7210; Jewish Chaplain, 516-463-6922; Muslim Chaplain, 516-463-6920; Protestant Chaplain, 516-463-5227.
  • Go to a hospital emergency room. Public Safety or the police will provide transportation, if necessary.
  • It is important to preserve evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order. Medical evidence for use in the prosecution of a criminal offense is collected at the hospital. For this reason, you should not shower, bathe, douche, or change clothes. You may need to bring a change of clothes to the hospital in case what you are wearing is collected as evidence.
  • Do not touch any evidence or straighten up the area where the assault occurred.
  • Do not blame yourself. The person who assaulted you is responsible.

Students have access to mental health counseling through the Student Health and Counseling Center. Crisis intervention, initial intake, consultations, workshops and psychoeducational groups are offered by the Student Health and Counseling Center. Any enrolled student is eligible to receive short-term individual counseling and participate in all programs including workshops and psychoeducational groups at no cost.
Students have access to medical services, including testing for sexually transmitted infections, through the Student Health and Counseling Center. There may be a fee for testing for sexually transmitted infections, as tests are sent to an outside laboratory.
Within 96 hours of an assault, you can get a Sexual Assault Forensic Examination (commonly referred to as a rape kit) at a hospital (Find a designated SAFE Center near you here:https://www.health.ny.gov/professionals/safe/). While there should be no charge for a rape kit, there may be a charge for medical or counseling services off campus and, in some cases, insurance may be billed for services. You are encouraged to let hospital personnel know if you do not want your insurance policyholder to be notified about your access to these services. The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found by calling 1-800-247-8035. Options are explained here: https://ovs.ny.gov/help-crime-victims

The University will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community.

• Students’ Bill of Rights

Pursuant to Article 129-B of the New York State Education Law, all students have the right to:

• Make a report to local law enforcement and/or state police.
• Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.
• Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the University.
• Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
• Be treated with dignity and to receive from the University courteous, fair, and respectful health care and counseling services, as available through the Student Health and Counseling Center.
• 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.
• Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident.
• Be protected from retaliation by the University, any student, the accused and/or the respondent, and/or their friends, family, and acquaintances within the University’s jurisdiction.
• Access to at least one level of appeal of a determination.
• 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 process.
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the University

• Rights of Reporting Individuals

Any student reported to have been subject to a violation of this Policy has the right to the following:

• To make a report to Hofstra Public Safety, local law enforcement, and/or state police or choose not to report; to report the incident to the University; to be protected by the University from retaliation for reporting an incident; and to receive assistance and resources from the University.
• Have emergency access to a University official trained in interviewing victims of sexual assault, who shall be available upon the first instance of disclosure by a reporting individual to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible. The official will explain that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney. The official shall also explain the level of confidentiality they are authorized to offer, and shall inform the reporting individual of other reporting options.
• Disclose confidentially the incident to counselors or medical professionals in the Student Health and Counseling Center, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for reporting individuals.
• Disclose confidentially the incident and obtain services from the state or local government.
• Disclose the incident to Hofstra representatives who can offer varying levels of confidentiality, as appropriate, and can assist in obtaining resources for reporting individuals.
• Disclose the incident anonymously by calling the New York State Hotline for Sexual Assault and Domestic Violence at 1-800-942-6906. The Hotline is for crisis intervention, resources, and referrals and is not a reporting mechanism, nor is it affiliated with Hofstra University.
• File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX Coordinator for Student Issues and other appropriate Hofstra representatives for information and assistance. Reports shall be investigated in accordance with this policy, and a reporting individual’s identity shall remain private at all times if said reporting individual wishes to maintain privacy.
• Disclose, if the accused is an employee of the institution, the incident to the Title IX Coordinator for Employee Matters or the right to request that a confidential or private employee assist in reporting to the Title IX Coordinator for Employee Matters, for investigation and adjudication under the Harassment Policy.
• Receive informational assistance from Hofstra representatives, and assistance from The Safe Center of LI in accordance with Hofstra’s Memorandum of Understanding with the Safe Center of LI. Receive informational assistance from Hofstra representatives in connection with legal proceedings in family court or civil court.
• Withdraw a complaint or involvement from the process under this Policy at any time.

• Educational Programs

You are the key to your personal safety on campus and in the community. We encourage you to educate yourself by attending educational programs that promote the awareness and prevention of sexual misconduct. Such programs are conducted for first-year students during New Student Orientation and Welcome Week.

Incoming students are also required to complete the Everfi program, which includes important information about relationship violence and sexual assault, such as:

• Definitions of the relevant offenses in New York state
• Definition of consent, in reference to sexual activity, in New York state
• Safe and positive options for bystander intervention
• Information on how to recognize warning signs of abusive behavior and how to avoid potential attacks

Other programs on these and related topics are offered throughout the year and are open to the entire Hofstra community. These programs include Domestic Violence Awareness Week as well as numerous sexual assault awareness and prevention programs, including Take Back the Night and the It’s On Us campaign, as described at hofstra.edu/itsonus. In addition, the University has launched the Step Up program, a bystander intervention program that meets with student groups throughout the year.

All Hofstra students are notified each year about the Guide to Pride, available online at hofstra.edu/guidetopride, which is updated annually and includes this Policy, also available online at hofstra.edu/sexualmisconduct. This policy states that sexual misconduct is prohibited at Hofstra, and contains detailed information about Hofstra’s guidelines and procedures in responding to reports of sexual misconduct, including information about confidentiality and a detailed description of the disciplinary process for complaints.

For additional information, please contact the Office of Student Affairs at studentaffairs@hofstra.edu.

• Phone Numbers

Emergency – On Campus: 516-463-6789 Off Campus: 911

Confidential Resources

Off-Campus Resources

• The Safe Center LI 516-465-4700
• The Safe Center LI Rape/Dating/Domestic Violence Hotline 516-542-0404

APPENDIX III: NEW YORK STATE LAW

Many of the acts covered by this Policy are also considered crimes under New York State law. The following are definitions related to crimes under New York State law:

Consent
Lack of consent results from: forcible compulsion; or incapacity to consent; or where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor’s conduct. Where the offense charged is rape in the third degree, criminal sexual act in the third degree, or forcible compulsion in circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood such person’s words and acts as an expression of lack of consent to such act under all the circumstances. A person is incapable of consent when he or she is: less than 17 years old; or mentally disabled; or mentally incapacitated; or physically helpless; or committed to the care and custody of the state department of correctional services, a hospital, the Office of Children and Family Services and is in residential care, or the other person is a resident or inpatient of a residential facility operated by the Office of Mental Health, the Office for People with Development Disabilities, or the Office of Alcoholism and Substance Abuse Services, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital.

Dating Violence
New York State does not specifically define “dating violence.” However, under New York law, intimate relationships are covered by the definition of domestic violence when the act constitutes a crime listed elsewhere in this document and is committed by a person in an “intimate relationship” with the victim. See “Family or Household Member” for definition of “intimate relationship.”

Domestic Violence
Any act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction of breathing or blood circulation, strangulation, identity theft, grand larceny or coercion; and such acts have created a substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act.

Family or Household Member
Persons related by consanguinity or affinity; Persons legally married to one another; Persons formerly married to one another regardless of whether they still reside in the same household; Persons who have a child in common regardless of whether such persons are married or have lived together at any time; Unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; any other category of individuals deemed to be a victim of domestic violence as defined by the Office of Children and Family Services in regulation. Intimate relationship status shall be applied to teens, lesbian/gay/bisexual/transgender, and elderly individuals, current and formerly married and/or dating heterosexual individuals who were, or are in an intimate relationship.

Parent
Means natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.

Sex Offenses; Lack of Consent
Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim.

Sexual Misconduct
When a person (1) engages in sexual intercourse with another person without such person’s consent; or (2) engages in oral sexual conduct or anal sexual conduct without such person’s consent; or (3) engages in sexual conduct with an animal or a dead human body.

Rape in the Third Degree
When a person (1) engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) being 21 years old or more, engages in sexual intercourse with another person less than 17 years old; or (3) engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the Second Degree
When a person (1) being 18 years old or more, engages in sexual intercourse with another person less than 15 years old; or (2) engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense to the crime of rape in the second degree the defendant was less than four years older than the victim at the time of the act.

Rape in the First Degree
When a person engages in sexual intercourse with another person (1) by forcible compulsion; or (2) who is incapable of consent by reason of being physically helpless; or (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.

Criminal Sexual Act in the Third Degree
When a person engages in oral or anal sexual conduct (1) with a person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) being 21 years old or more, with a person less than 17 years old; (3) with another person without such persons consent where such lack of consent is by reason of some factor other than incapacity to consent.

Criminal Sexual Act in the Second Degree
When a person engages in oral or anal sexual conduct with another person (1) and is 18 years or more and the other person is less than 15 years old; or (2) who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense that the defendant was less than four years older than the victim at the time of the act.

Criminal Sexual Act in the First Degree
When a person engages in oral or anal sexual conduct with another person (1) by forcible compulsion; (2) who is incapable of consent by reason of being physically helpless; (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more.

Forcible Touching
Forcible touching includes: (1) When a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire, or (2) when a person subjects another person to sexual contact for the purpose of gratifying the actor’s sexual desire and with intent to degrade or abuse such other person while such other person is a passenger on a bus, train, or subway car. Forcible touching includes squeezing, grabbing, or pinching.

Persistent Sexual Abuse
When a person commits a crime of forcible touching, or second or third degree sexual abuse within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions of one of the above mentioned crimes or any offense defined in this article, of which the commission or attempted commissions thereof is a felony.

Sexual Abuse in the Third Degree
When a person subjects another person to sexual contact without the latter’s consent. For any prosecution under this section, it is an affirmative defense that (1) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than 17 years old; and (2) such other person was more than 14 years old; and (3) the defendant was less than five years older than such other person.

Sexual Abuse in the Second Degree
When a person subjects another person to sexual contact and when such other person is (1) incapable of consent by reason of some factor other than being less than 17 years old; or (2) less than 14 years old

Sexual Abuse in the First Degree
When a person subjects another person to sexual contact (1) by forcible compulsion; (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old; or (4) when the other person is less than 13 years old.

Aggravated Sexual Abuse
For the purposes of this section, conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated Sexual Abuse in the Fourth Degree
When a person inserts a (1) foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old; or (2) finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than 17 years old.

Aggravated Sexual Abuse in the Third Degree
When a person inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person (1) (a) by forcible compulsion; (b) when the other person is incapable of consent by reason of being physically helpless; or (c) when the other person is less than 11 years old; or (2) causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Aggravated Sexual Abuse in the Second Degree
When a person inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person by (1) forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old.

Aggravated Sexual Abuse in the First Degree
When a person subjects another person to sexual contact: (1) By forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than eleven years old; or (4) when the other person is less than thirteen years old and the actor is twenty-one years old or older.

Course of Sexual Conduct against a Child in the Second Degree
When over a period of time, not less than three months, a person: (1) Engages in two or more acts of sexual conduct with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct with a child less than 13 years old. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charges offense occurred outside of the time period charged under this section.

Course of Sexual Conduct against a Child in the First Degree
When a person over a period of time, not less than three months in duration, a person: (1) Engages in two or more acts of sexual conduct, or aggravated sexual contact with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 13 years old.

Facilitating a Sex Offense with a Controlled Substance
A person is guilty of facilitating a sex offense with a controlled substance when he or she: (1) knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and (2) commits or attempts to commit such conduct constituting a felony defined in this article.

Incest in the Third Degree
A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

Incest in the Second Degree
A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, or criminal sexual act in the second degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

Incest in the First Degree
A person is guilty of incest in the first degree when he or she commits the crime of rape in the first degree, or criminal sexual act in the first degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or half blood, uncle, aunt, nephew or niece.

Stalking in the Fourth Degree
When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or (2) causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.

Stalking in the Third Degree
When a person (1) Commits the crime of stalking in the fourth degree against any person in three or more separate transactions, for which the actor has not been previously convicted; or (2) commits the crime of stalking in the fourth degree against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) with an intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or (4) commits the crime or stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.

Stalking in the Second Degree
When a person: (1) Commits the crime of stalking in the third degree and in the course of and furtherance of the commission of such offense: (a) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, slingshot, slungshot, shirken, “Kung Fu Star,” dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapons; or (b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (2) commits the crime of stalking in the third against any person, and has previously been convicted, within the preceding five years, of a specified
predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree; or (4) being 21 years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or (5) commits the crime of stalking in the third degree, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.

Stalking in the First Degree
When a person commits the crime of stalking in the third degree or stalking in the second degree and, in the course and furtherance thereof, he or she intentionally or recklessly causes physical injury to the victim of such crime.

Bias Crimes
Also called hate crimes, Bias Crimes are criminal acts, including acts of violence, intimidation, or destruction of property, based upon bias and prejudice. Under the New York State Penal Code, a person commits a hate crime when he or she commits a specified offense and either (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct. The New York State Penal Code, including the Hate Crimes Act of 2000, subjects Bias Crimes to criminal prosecution and severe punishment. See Prohibited Bias and Discriminatory Harassment Policy.

Title IX Grievance Policy

Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities.

On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972, 85 Fed. Reg. 30026 (May 19, 2020), (“Final Rule”) that:

• Defines the meaning of “sexual harassment” (which includes forms of sex-based violence)
• Addresses how the University mustrespond to reports of misconduct falling within that definition of sexual harassment, and
• Mandates a grievance process that the University mustfollow in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.

Based on the Final Rule, Hofstra University will implement the following Title IX Grievance Policy, effective August 14, 2020.

Other University Policies Addressing Sex Discrimination

Only incidents falling within the Final Rule’s definition of Covered Sexual Harassment, defined below, will be investigated and, if appropriate, brought to a live hearing through this Title IX Grievance Policy.

To the extent that alleged misconduct falls outside the Title IX Grievance Policy, or misconduct falling outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the University retains authority to investigate and adjudicate the allegations under the appropriate University policies and procedures. See the Student Policy Prohibiting Sexual Assault, Domestic Violence, Dating Violence, and Stalking, and the Prohibited Bias and Discriminatory Harassment Policy.

This Policy is intended to provide a process to address, respond to, and adjudicate reports of sexual harassment covered by Title IX, where such conduct is alleged to have been committed by a Hofstra student. For reports of sexual harassment or sexual violence against a faculty member, other University employee, or other non-student, consult the procedures set forth in the Harassment Policy, available at hofstra.edu/harassment. Students should report these matters to the Chief Human Resources Officer, who is the Title IX Coordinator for Employee Matters, and who can be reached at 516-463-6859, via email at HumanResources@Hofstra.edu or through the University’s online reporting hotline.

Effective Date

This Title IX Grievance Policy will become effective on August 14, 2020, and will only apply to reports of Covered Sexual Harassment alleged to have occurred on or after August 14, 2020.

Impact of Modification of Final Rule

Should any portion of the Final Rule be stayed or held invalid by a court of law, or should the Final Rule be withdrawn or modified to not require the elements of this policy, this policy, or the invalidated elements of this policy, will be deemed revoked as of the publication date of the opinion or order and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by that date of opinion or order publication. Should the Title IX Grievance Policy be revoked in this manner, any conduct that would have been covered under the Title IX Grievance Policy shall be investigated and adjudicated under the existing Student Policy Prohibiting Sexual Assault, Domestic Violence, Dating Violence, and Stalking or the Prohibited Bias and Discriminatory Harassment Policy.

Non-Discrimination in Application

The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a Complainant, Respondent, or Witness.

Definitions

Covered Sexual Harassment

For the purposes of this Title IX Grievance Policy, “Covered Sexual Harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

1. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity;
2. Sexual Assault, which includes any sexual act directed against another person, without the affirmative consent of the victim including instances where the victim is incapable of giving affirmative consent;
3. Dating Violence, which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship;(ii) The type of relationship;(iii) The frequency of interaction between the persons involved in the relationship.
4. Domestic Violence, which includes any felony or misdemeanor crimes of violence committed by a current or former spouse of the student, by someone who is or has cohabitated with the student as a spouse, by someone with whom the student has a child, by others to whom the student is related by consanguinity (blood) or affinity (marriage), or by unrelated persons who are (or have been in the past) continually living in the same household.
5. Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Affirmative Consent

Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Affirmative Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of Affirmative Consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

• Affirmative Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute Affirmative Consent to any other sexual act.
• Affirmative Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
• Affirmative Consent may be initially given but withdrawn at any time.
• Affirmative Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. Students who are charged with initiating sexual activity without consent cannot use as a defense that they themselves were under the influence of drugs and/or alcohol at the time they committed the violation.
• Affirmative Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
• When Affirmative Consent is withdrawn, or can no longer be given, sexual activity must stop. It is the responsibility of the student who initiates sexual contact to obtain this Affirmative Consent; in other words, to confirm that the person with whom the student is involved has consented to engage in a sexual activity.

Lack of Affirmative Consent exists where the respondent knew, or a reasonable person in the position of the respondent should have known, of the other person’s inability to consent. For example, there is no Affirmative Consent where the respondent knew, or a reasonable person in the position of the respondent should have known, that the other individual was unable to make an informed rational judgment due to the individual’s use of alcohol or other drugs.

Education Program or Activity

For the purposes of this Title IX Grievance Policy, the University’s “education program or activity” includes:

• Any on-campus premises
• Any off-campus premises that the University has substantial control over.
• Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of University’s programs and activities over which the University has substantial control.

Formal Complaint

For the purposes of this Title IX Grievance Policy, “Formal Complaint” means a document – including an electronic submission - filed by a complainant with a signature or other indication that the complainant is the person filing the Formal Complaint, or signed by the Title IX Coordinator for Student Issues, alleging sexual harassment against a respondent about conduct within the University’s education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.

Complainant

For the purposes of this Title IX Grievance Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute Covered Sexual Harassment as defined under this Policy.

Relevant evidence

“Relevant” evidence is evidence that tends to make an allegation of Covered Sexual Harassment more or less likely to be true.

“Relevant” evidence does not include the following types of evidence, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:

• Evidence about the complainant’s sexual predisposition or prior sexual behavior unless:
  • It is offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
  • It concerns specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
• Evidence that constitutes, or seeks disclosure of, information protected under a legally-recognized privilege (e.g. attorney-client privilege)
• Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent.

Respondent

For the purposes of this Title IX Grievance Policy, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute Covered Sexual Harassment as defined under this policy.

Title IX Coordinator for Student Issues

The Title IX Coordinator for Student Issues has oversight responsibility for the University’s student-related efforts to comply with and carry out responsibilities under Title IX. In this regard, the Title IX Coordinator for Student Issues is responsible for overseeing the University’s response to reports and Formal Complaints by students against students under this policy of Covered Sexual Harassment; and for addressing any patterns or systemic problems revealed by such reports and Formal Complaints against students. The Title IX Coordinator for Student Issues is responsible for maintaining data about reports of Covered Sexual Harassment against students. The Title IX Coordinator for Student Issues is also responsible for referring any reports of Covered Sexual Harassment against employees or other nonstudents to the Chief Human Resources Officer, who serves as the Title IX Coordinator for Employee Matters. The Title IX Coordinator for Student Issues, Brittany Rhoden, is available to meet with students as needed. She can be reached at StudentTitleIX@hofstra.edu, 516-463-5841, Room 127 Wellness and Campus Living Center, Hempstead, NY 11549.

There are also designated Deputy Title IX Coordinators, who are available to students to receive reports of violations and to discuss issues related to this Policy and its procedures:

Jennifer Boscarino-Green, 516-463-4961, Vice Dean and Director for Student Outreach and Retention Initiatives, Center for University Advising, Room101F Memorial Hall

Chermele Christy , 516-463-6913, Dean of Students, Room 243 Mack Student Center North Campus 

Paul Ferrante, 516-463-6916, Assistant Director of Student Leadership and Engagement for Fraternity and Sorority Life, Student Leadership & Engagement, Room 244 Mack Student Center

Jodi Langsfeld, 516-463-7145, Associate Dean for Student Affairs (Medical School), Room 227A Zucker School of Medicine

Lisa Monticciolo, 516-463-4809, Dean of Students and Diversity and Inclusion Officer (Law School), Room 204A Deane School of Law

Zaibis Muñoz-Isme, 516-463-6558, Assistant Vice President for Student Enrollment, Engagement, and Success, Bernon Hall 115

Rachel Peel, 516-463-4960, Senior Associate Athletic Director for Student Athlete Success, Room 0202 Shuart Stadium

Comila Shahani-Denning, 516-463-6343, Senior Vice Provost for Academic Affairs, Room 225 West Library Wing

Russ Smith, 516-463-6931, Director of Residential Education & First Gen Initiatives, Room 126 Wellness and Campus Living Center

Amnesty

The health and safety of every student at Hofstra University is of utmost importance. The University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that domestic violence, dating violence, stalking, sexual assault, or other violence occurs, may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Hofstra University strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to University officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to University officials or law enforcement will not be subject to the University’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.

Reporting Options

Reporting a Violation. Students who wish to report Covered Sexual Harassment should contact the Title IX Coordinator for Student Issues, a Deputy Title IX Coordinator, or the Department of Public Safety. Students may also report a violation through the University’s online reporting hotline. Students making a report may ask to remain anonymous and may also request that a Formal Complaint not be pursued, and the University will weigh that request against its obligation to provide a safe, nondiscriminatory environment for the community.

If a reporting individual reports Covered Sexual Harassment but elects not to pursue a Formal Complaint, the University shall assist with academic, housing, transportation, employment, and other reasonable and available supportive measures, as listed below in Non-Investigatory Measures Available under the Title IX Grievance Policy, regardless of the student’s reporting choice.

Pursuing a Formal Complaint.Students who wish to make a Formal Complaint to begin the disciplinary process should file a Formal Complaint with Public Safety, as described in the section Filing a Formal Complaint.

Confidentiality.Students who want to keep information strictly confidential may speak to Confidential Resources. These are University employees, such as counselors in Student Counseling Services, who are required to maintain confidentiality and will not share information with school administration or other parties. See Confidential Resources section. All other University employees who receive information about Covered Sexual Harassment are encouraged to report all relevant information (including the identities of both the student complaining and the respondent) to the Title IX Coordinator for Student Issues.

Even Hofstra offices and employees who cannot guarantee confidentiality will maintain a student’s privacy to the greatest extent possible. The information students provide to a non-confidential resource will be relayed only as necessary for the University to respond.

Confidential Resources
Where a violation is reported to individuals at the University who serve in a professional role in which communication is protected under applicable federal, state, or local law or regulation or licensing authority – including counselors in Student Counseling Services and medical professionals in Student Health Services, and clergy in the Interfaith Center – such reports will not be further disclosed to the extent the communication is protected by law.

In other words, when a student talks to one of these Confidential Resources about an incident of Covered Sexual Harassment, that individual will not share the information with school administration or any other parties without the student’s permission except in rare, extreme circumstances required by law.

A student who speaks to one of these Confidential Resources must understand that, if the student wants to maintain confidentiality, the University will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. Where a student notifies any such Confidential Resource of conduct prohibited by this policy – i.e., where the communication is protected by law – the University will not be on notice of such Covered Sexual Harassment.

Note: Those students who are not sure whether the person to whom they are reporting will keep their report confidential should ask the person before disclosing the information.

University Disclosure – Clery Act and FERPA
Statistics generated from student reports of certain crimes occurring in certain geographic locations are included in the University’s Clery Act Annual Security and Fire Safety Report in an anonymous manner that does not identify the specifics of the crime or the identity of the reporting student.

The University is obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when potentially compromising law enforcement efforts and when the warning itself could potentially identify the reporting individual). A reporting individual will not be identified in a timely warning.
The Family Educational Rights and Privacy Act allows institutions to share information with parents when (1) there is a health or safety emergency, (2) when the student is a dependent on either parents’ prior year federal income tax return, or (3) when the student has filed a waiver of FERPA protections. Generally, the University will not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the permission of the reporting student.

Non-Investigatory Measures Available under the Title IX Grievance Policy

Upon receipt of a report of a violation, the University will take steps to protect reporting individuals and the larger University community as necessary pending the outcome of the conduct process. Reporting individuals will be provided with reasonable and available supportive measures, and accommodations that may include a change in academic, housing, employment, transportation, or other applicable arrangements in order to help ensure safety, prevent retaliation, and avoid an ongoing hostile environment, consistent with the University’s policies and procedures. Supportive measures may also include counseling, extensions of deadlines or other course-related adjustments, modifications of work and class schedules, campus escort services, and increased security and monitoring of certain areas of campus. The Title IX Coordinator for Student Issues or designee will contact the reporting individual to discuss the availability of supportive measures, consider the reporting individual’s wishes and inform the reporting individual of the availability of supportive measures with or without the filing of a Formal Complaint, and explain the process for filing a Formal Complaint. Supportive measures will be provided without unreasonably burdening the other party.

No-Contact Orders. Mutual no-contact orders may be issued. Once a no-contact order is issued and has been sent to a party in person or via their University email address, it is considered to be in effect regardless of whether the party signs the no-contact order.

Review Process: Either student shall, upon written request to the Associate Vice President for Student Affairs or designee at StudentAffairs@hofstra.edu, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any no-contact order, supportive measure or accommodation that directly affects the student, including potential modification of such protection or accommodation, and shall be allowed to submit evidence in support of the student’s request. The other student will be notified of and entitled to review any such request and evidence submitted and will have the opportunity to oppose any such request in writing to the Associate Vice President for Student Affairs or designee. The other student’s opposition must be sent within two (2) business days of being sent a copy of the request.

Emergency Removal. The University retains the authority to remove a respondent from the University’s program or activity on an emergency basis, where the University (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Covered Sexual Harassment justifies a removal. If the University determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal, through the review process described above.

Assistance with Orders of Protection: Orders of protection are issued by New York state courts. The University does not issue orders of protection, but will ensure that students are referred to the appropriate officials to assist in obtaining a New York state court order of protection or an out-of-state equivalent. If the University receives a copy of an order of protection, the reporting individual will also have the right to receive a copy. In all instances where students obtain orders of protection, they will have an opportunity to be referred by the Title IX Coordinator for Student Issues to an appropriate individual, who can explain the order and answer questions about it, including information from the order about the accused’s responsibility to stay away from the protected person or persons, and an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension. Public Safety will also provide assistance to complainants in calling on and assisting local law enforcement in effecting an arrest for violation of an order of protection.

No Retaliation

No individual shall be penalized or retaliated against by a member of the University community for their participation in the investigation or disciplinary process related to a report made under this Policy.

Retaliation is defined by applicable federal laws, including Title IX of the Education Amendments of 1972. Any such retaliation constitutes Covered Sexual Harassment and a further violation of this Policy, to be adjudicated under these procedures.

The Title IX Grievance Process

Filing a Formal Complaint

The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded in a reasonably prompt manner, with the entire process (not including appeals) to be not longer than 90 business days provided that the Process (including any of the individual time frames listed below) may be extended for good cause.

Students who wish to pursue a Formal Complaint of a violation of this Policy using these Grievance Procedures should make a Formal Complaint regarding the Covered Sexual Harassment through the Department of Public Safety by calling 516-463-6606 or by visiting the Mack Public Safety and Information Center located on the corner of Hempstead Turnpike and California Avenue. Formal complaints can also be filed with the Title IX Coordinator for Student Issues by calling 516-463-5841, visiting 127 Wellness and Campus Living Center, or emailing StudentTitleIX@hofstra.edu. A Formal Complaint under this Policy must allege Covered Sexual Harassment, and request that the University investigate the allegations.

Public Safety is available 24 hours a day. Public Safety can assist in connecting students with counseling, medical, and other support services, and in notifying the law enforcement authorities, if such assistance is requested. Students may choose to proceed through both criminal and University disciplinary processes simultaneously, or may choose to decline to notify outside authorities. For additional information, please refer to the “Safety and Security Policies” section of the Guide to Pride or call 516-463-6606.

Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of the University, including as an employee.

If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator for Student Issues may still determine a Formal Complaint is necessary. The University will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this Policy and Process.

Informal Resolution

At any time after the filing of a Formal Complaint but before any determination regarding responsibility is reached, an informal resolution may be pursued where the Complainant and the Respondent so desire and the University deems it to be appropriate. Informal resolution, which is optional, is designed to obtain an expedient, mutually acceptable solution without the necessity for conducting further formal proceedings.

Prior to any informal resolution process, both parties will be provided a written notice containing the allegations of the Formal Complaint and other pertinent information regarding the process, and both parties must provide voluntary, written consent to the informal resolution process before it can proceed. Upon such consent, the formal Title IX Grievance Process, including the time frame for the Grievance Process set forth above, stops and the informal resolution process begins. If the parties are not able to enter into an informal resolution within 15 business days after both parties have provided consent, the parties will be notified that the Grievance Process will resume within 5 business days. At any point prior to the hearing, the parties may again request to pursue an informal resolution, and the procedures in this section will apply. Before an informal resolution is finalized, any party or the University has the right to withdraw from the informal resolution process and the formal process shall resume.

Upon the signing of the written statement of informal resolution, the matter will be deemed closed, and no party will be permitted to appeal, contest, re-open, or otherwise attempt to set aside the terms of the informal resolution as long as the terms are adhered to, unless agreed to by both parties and the University in writing.

Multi-Party Situations

The University may consolidate Formal Complaints alleging Covered Sexual Harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of Covered Sexual Harassment arise out of the same facts or circumstances.

Determining Jurisdiction

The University will determine if this Title IX Grievance Process should apply to a Formal Complaint. The Process will apply when all of the following elements are met, in the reasonable determination of the University:

1. The conduct is alleged to have occurred in the United States;
2. The conduct is alleged to have occurred in the University’s education program or activity; and
3. The alleged conduct, if true, would constitute Covered Sexual Harassment as defined in this policy.

If all of the elements are met, the University will investigate and adjudicate the allegations according to the Grievance Process.

Mandatory Dismissal

If any one of these elements are not met, the University will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal using the procedure outlined in “Appeals,” below.

Discretionary Dismissal

The University may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:

• A complainant notifies the Title IX Coordinator for Student Issues in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
• The respondent is no longer enrolled at the University; or,
• If specific circumstances prevent the University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

Any party may appeal a dismissal determination using the process set forth in “Appeals,” below.

Notice of Dismissal

Upon reaching a decision that the Formal Complaint will be dismissed, the University will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the parties.

Upon dismissal for the purposes of Title IX, the University retains discretion to address alleged violations under the Student Policy Prohibiting Sexual Assault, Domestic Violence, Dating Violence, and Stalking, or other applicable policies within the Code of Community Standards. In such cases, the applicable parties will be promptly notified.

Advisors

Both the Complainant and the Respondent may be accompanied by an Advisor of Choice who may assist and advise the student throughout the conduct process under this Policy, including during all meetings and hearings relating to the process. It is the student’s responsibility to retain their own Advisor of Choice and notify the Advisor of Choice of meetings and hearings.

The University has a long-standing practice of requiring students to participate in the process directly and not through an advocate or representative. The Advisor of Choice is not an advocate. Except where explicitly stated by this Policy, as consistent with the Final Rule, Advisors of Choice shall not participate directly in the process as per standard policy and practice of the University.

As described in Hearing Process, below, parties are not permitted to conduct their own cross-examination. Cross-examination will be conducted by the Advisor of Choice. If a party has not retained their own Advisor of Choice, the University will provide a Hearing Advisor for the limited purpose of conducting cross-examination during the hearing on behalf of that party.

The University’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other University policies apply to matters governed under this Policy, and the University cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The University will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice.

Annual Training
All Title IX Coordinators, investigators and members of an Administrative Board or appeal panel that is adjudicating cases under this Policy, as well as any individual who facilitates an alternative resolution under this Policy will receive annual training in the following: conducting investigations and grievance processes for allegations of Covered Sexual Harassment, including hearings, appeals, and informal resolution processes, as applicable, in accordance with a process that protects the safety of victims, ensures due process protections for all parties, and promotes accountability; the effects of trauma; the scope of the University’s education program or activity, how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made pursuant to this Policy; and other issues relating to sexual harassment, domestic violence, dating violence, sexual assault, and stalking, including the definition of the offenses. Decision makers will receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant. Investigators will receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

Conflicts of Interest
Any individual who has been designated by the University as Title IX Coordinator, investigator, Administrative Hearing Board member, or any person designated to facilitate an alternative resolution process, must not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

Upon being notified of the members of the board and the Hearing Officer, the parties have the right to request the removal of a member of the board or the Hearing Officer if a conflict of interest exists. The request must be made to the Dean of Students or designee, and the party must be prepared to substantiate this contention. Removal of a member of the board or the Hearing Officer may be granted or denied based on the Dean of Students or designee’s determination as to whether or not there is just cause.

Notice of Allegations
A Notice of Allegations of the Covered Sexual Harassment will be sent to both parties as soon as practicable after receipt of a Formal Complaint, if there are no extenuating circumstances, and prior to the initial investigatory interview. If, in the course of an investigation, allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise Covered Sexual Harassment are discovered, the parties whose identities are known will be notified of the additional allegations.

Investigation
Investigations of Formal Complaints will be prompt, thorough, and impartial.

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any:

1. Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;
2. inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source.

All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins.

The University will send the evidence made available for each party and each party’s advisor, if any, to inspect and review. The University is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.

The parties will have up to ten (10) calendar days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before completing the Investigative Report.

Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.

The parties and their advisors may not disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process. The parties and their advisors must sign an agreement to this effect.

Investigative Report

The University will create an Investigative Report that fairly summarizes relevant evidence, and will provide that Report to the parties at least ten (10) calendar days prior the hearing for each party’s review and written response.

The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence.

Informational Meeting
Both the respondent and complainant will schedule separate informational meetings, and will receive reasonable written or electronic notice, provided in advance, of this meeting and any other meeting under this policy that they are required or eligible to attend.

Both the respondent and the complainant will be given the opportunity during their individual informational meeting to discuss and review the charges. During the informational meeting, students will have the opportunity to ask and answer questions regarding the allegation(s) and the disciplinary process under this policy.

For documented emergencies and other documented extenuating circumstances, a student may request one (1) postponement of the student’s informational meeting, provided that the Office of Community Standards is notified at least one business day in advance of the scheduled meeting. Failing or refusing to sign any forms does not absolve the student of the responsibility for following all directives outlined.

Options for Resolution
Following the informational meeting, there are two possible options for resolution:

1. Informal Resolution. See the Informal Resolution section, above.
2. Hearing. The matter will proceed to a formal hearing where it will be determined whether it is more likely than not that the respondent violated this Policy. The hearing will be conducted according to the procedures set forth below.

Rights of the Respondent.
The respondent shall be entitled to a presumption that the respondent is not responsible for Covered Sexual Harassment unless and until a determination regarding responsibility is made at the conclusion of the process set forth in this Policy.

Administrative Board and Hearing Preparation
Only an Administrative Board will adjudicate proceedings under this Policy; student board hearings are not available for these proceedings. The Administrative Board shall consist of three administrators/faculty assigned by the Vice President for Student Affairs or designee. The Administrative Board shall include at least one male and one female member. The Hearing Officer will serve as the Chairperson of the hearing and shall conduct the hearing in accordance with this Policy.

The Administrative Board will engage in an objective evaluation of all relevant evidence—including both inculpatory and exculpatory evidence. Credibility determinations may not be based on a person's status as a complainant, respondent, or witness.

Rights/Obligations of the Parties
When an administrative hearing is conducted under this policy, the parties have the rights and obligations listed below.

1. Notice of Hearing. The parties shall be informed by the Office of Community Standards, in writing, of the date, time, and place of the hearing. The hearing will be scheduled reasonably promptly following the initiation of the Formal Complaint. The hearing shall be held no less than ten days after receipt of the investigative report.
2. Witnesses and Other Evidence. The complainant and respondent shall each have the right to speak for themselves, to present witnesses and other evidence, and to challenge the evidence.
   Witnesses
   1. The parties may propose witnesses with knowledge of the facts to speak on their behalf. Each party must submit a final written list of all their proposed witnesses to the Office of Community Standards for approval at least five (5) business days prior to the hearing. All witness names proposed on this list must have been previously submitted during the initial investigation as set forth under Investigation.
   2. All witnesses must be deemed relevant by the University to be approved.
   3. The Office of Community Standards will send each party a written list of all approved witnesses prior to the hearing date and will notify all University employee or student witnesses of the hearing time, date and place to appear via their University email address.
   4. It is the responsibility of each party to notify their approved witnesses of the hearing time, date, and place to appear, unless their approved witnesses are Hofstra students or Hofstra employees, in which case the Office of Community Standards will notify as set forth in (iii) above.
   Other Evidence
   1. Parties may present and challenge all evidence that has been made part of the Investigation, as described above.
3. Postponing the Hearing. The University reserves the right to postpone or adjourn a hearing in its discretion. Each party shall be entitled to postpone the hearing one (1) time with just cause, as long as the request is made at least one (1) business day prior to the hearing. The Office of Community Standards will determine if a postponement is warranted. Any additional postponements may be granted or denied at the University’s discretion.
4. Failure to Appear. If a party fails to appear, the hearing may proceed in that party’s absence, and the University may reach a determination of responsibility in their absence, including through any evidence gathered that does not constitute a “statement” by that party.

Hearing Process
The usual format of a hearing is set forth below. The Hearing Officer has the discretion to change the order, as he or she deems appropriate. Any evidence introduced at the hearing shall be part of the hearing record (“Hearing Record”).

The Hearing Officer will conduct the hearing in an orderly manner, state the charges, rule on the relevancy of matters discussed and evidence presented, call witnesses, and coordinate and lead the questioning process. The Hearing Officer shall obtain affirmations from parties and witnesses of their obligation to testify truthfully.

1. Cases will be introduced and charge(s) read by the Hearing Officer.
2. Opening statement by complainant.
3. Opening statement by respondent.
4. Questions for witness(es) on behalf of complainant from members of the board, the complainant/complainant’s advisor, and/or the respondent’s advisor.
5. Questions for witness(es) on behalf of respondent from members of the board, the respondent/respondent’s advisor, and/or the complainant’s advisor.
6. Questions for the respondent from members of the board and the complainant’s advisor.
7. Questions for the complainant from members of the board and the respondent’s advisor.
8. Closing statement from respondent.
9. Closing statement from complainant and/or University

Note: Each party's advisor will be permitted to ask the other party and any witnesses relevant questions and follow-up questions, including those challenging credibility. Such cross-examination must be conducted directly, orally, and in real time by the party's Advisor of Choice or Hearing Advisor. At the request of either party, the parties may be located in separate rooms with technology enabling the Board and parties to simultaneously see and hear the party or the witness answering questions. If a party or witness does not submit to cross-examination at the live hearing, the Board must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the Board cannot draw an inference about the determination regarding responsibility based solely on a party's or witness's absence from the live hearing or refusal to answer cross-examination or other questions.

Note: Only relevant cross-examination and other questions may be asked of a party or witness. Questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant's prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant's prior sexual behavior with respect to the respondent and are offered to prove consent.

Before any cross-examination question is answered, the Hearing Officer will determine if the question is relevant. Cross-examination questions that are duplicative of those already asked, including by the Administrative Board, may be deemed irrelevant if they have been asked and answered.

Neither party may use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

All evidence that was made available for review during the investigation will be made available for the parties to refer to during the hearing, including for the purposes of cross-examination.

All individuals participating in the hearing shall be subject to any rules of decorum set forth by the University.

Deliberation and Decision
Following the close of the hearing, the Administrative Board shall deliberate, and the Hearing Officer shall serve as a non-voting facilitator for the deliberations. The Board may not take into account as evidence of culpability the mere fact that a criminal investigation or prosecution is pending in relation to the events complained of.

The Administrative Board shall determine responsibility by choosing one of the following options using the preponderance of the evidence standard:

1. Responsible. The Administrative Board finds that it is more likely than not that the respondent violated the Policy.
2. Not Responsible.

Sanctions and Remedies
If the respondent is found Responsible, the Hearing Officer or designee determines the sanctions. Each party shall have the opportunity to make a written impact statement before the sanction determination is made. Potential sanctions are set forth in detail in the Code of Community Standards section on “Sanctions,” and include probation, residence hall removal and/or ban, suspension, and expulsion.

In determining an appropriate sanction, the Hearing Officer or designee shall consider aggravating factors, including (a) any record of past violations, (b) the nature and severity of such past violations, and (c) premeditation/intent to commit a violation.

The following should also be considered in determining the sanction: whether the sanction will (a) bring an end to the violation in question, (b) reasonably prevent a recurrence of a similar violation, and (c) remedy the effects of the violation on the complainant and the University community.

In accordance with the University’s policy on “Minimum Sanctions,” as set forth in the Code of Community Standards, for certain serious breaches of University policy that constitute a serious threat to other individuals or the community, a minimum penalty of suspension from the University (including removal from the residence halls) for at least one full semester to permanent expulsion may be imposed. This includes but is not limited to conduct in violation of New York state criminal law or federal law, which poses a serious threat to the University community, a serious physical attack upon another person, and sexual violence.

The University will offer counseling and academic support services, as necessary and appropriate, to any student involved in proceedings under this policy. The University will also take additional steps, as appropriate, which could include training sessions and other measures, to prevent recurrence of violations, and remedy their effects. The University will offer appropriate remedies to the complainant where a respondent has been found responsible for Covered Sexual Harassment.

Sanctions will be held in abeyance until a decision is rendered in a final appeal under the process described below, or the time to appeal has expired without an appeal being submitted, unless the University determines that sanctions should go into effect sooner in order to protect the health or safety of the University community. Where sanctions are held in abeyance, interim protections may continue in effect.

After the conclusion of the final appeal, or where the time for appeal has expired, the University may issue a mutual no-contact order, where a respondent is found not responsible, if it determines such a no-contact order is in the best interest of the parties and/or the University. Such a no-contact order is not considered a sanction, shall not be part of the disciplinary record of either party, and shall not burden one party more than the other.

Decisions

Both parties shall be sent concurrent notification in writing by the Office of Community Standards of the decision of the Administrative Board.

The respondent shall be notified of any sanctions, and, to the extent consistent with FERPA or other applicable law, the complainant will be notified of the sanction as well. Complainants may be notified of sanctions that directly relate to the complainant, including: that the respondent have no contact with the complainant; or that the respondent is prohibited from attending school for a period of time, has been transferred out of classes shared with the complainant, or has been relocated away from a residence hall shared with complainant.

The written decision will be issued simultaneously to all parties and will include information regarding the allegations, the procedural steps taken in the case, the facts supporting the decision, the section of the Policy that was violated, if any, a statement of, and rationale for the determination regarding responsibility and any disciplinary sanctions, and information about remedies, as well as information about the University’s appeal process.

The complainant shall also be notified as to any individual remedies offered or provided to the complainant, and other steps the school has taken to eliminate any hostile environment and prevent recurrence, if applicable. The respondent will not be notified of any individual remedies offered or provided to the complainant.

Appeals

Either party may request an appeal of the decision (responsible or not responsible) and/or sanction(s) by submitting a written petition for an appeal to the Dean of Students within seven (7) calendar days after receiving the decision letter, on any of the following grounds:

1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
3. The Title IX Coordinator, investigator(s), or Board Members had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
4. The severity of the sanction is inappropriate given the details of the case.

Dissatisfaction with the outcome of the hearing alone is not sufficient grounds for appeal.

The student(s) must submit the written petition for appeal to the Dean of Students specifying one or more of the above grounds. A request on any of these grounds must clearly explain, in detail, the basis for the appeal, and should include any available documentation. The appeal is limited to an inquiry of the issue or issues raised in the Notice of Allegations. The appeal is not intended to be a rehearing of the original hearing.

The Office of Community Standards will notify the party who did not request the appeal in writing and that party will have five (5) calendar days from the date of notification to submit a response to the appeal. The appeal will be decided by the Assistant Vice President/Dean of Students (“Dean of Students”) or designee. (All references in this section to the “Dean of Students” include the Dean of Students or designee). The party who did not submit the response will receive a copy of the response.

The appeal will be conducted by a three-person panel that includes the Dean of Students, and two other individuals designated by the Vice President for Student Affairs. Each party will receive notice of the names of the members of the panel and the right to request the removal of a member of the panel if a conflict of interest exists. The request must be made to the Dean of Students, and the party must be prepared to substantiate this contention. Removal of a member of the appeals panel may be granted or denied based on the Dean of Students’ determination as to whether or not there is a conflict of interest.

In addition to filing a written appeal or response, either party may request a hearing before the Dean of Students or appellate panel, as applicable, which request may be granted or denied in the discretion of the panel/Dean of Students. If such a hearing request is granted, both parties will be notified and each party will be permitted to present their position orally (limited to thirty (30) minutes or an appropriate length of time as determined in the discretion of the Dean of Students/panel) and may be questioned by the panel or Dean of Students, as applicable.

All appeals will be conducted in a fair and impartial manner. The panel or Dean of Students, as applicable, will decide whether to modify or uphold the original sanction or decision. Modification of the sanction may include either raising or lowering of the sanction. Appellate decisions will be based solely on the three grounds for appeal; appellate decision maker(s) will not substitute their judgment for the judgment of the Administrative Board.

Both parties will be sent concurrent notification in writing of the result of the appeal. The appeal will be concluded within fifteen (15) business days after receipt of the appeal.

In situations where new evidence is introduced, the appeals panel or Dean of Students, as applicable, may decide, based on its discretion, to re-open the case with the original hearing board. Based on the new evidence heard, the original hearing board may uphold or modify its decision, and the sanction may be upheld or modified.

Modification of the sanction may include either raising or lowering of the sanction.

Final Appeal to Vice President for Student Affairs
Within five (5) calendar days after the date of the written appellate decision, either party may submit written objections to the decision to the Vice President for Student Affairs. Such written objections should set forth, in detail, the reasons why the objecting party believes the appellate decision should not be affirmed, or why the recommended penalty should not be adopted, by the Vice President for Student Affairs. A copy of the written objections will be provided to the other party in interest, who may file a written response within five (5) calendar days after the date the objections were sent. The party who did not submit a response will receive a copy of the response.

Either party may request a hearing before the Vice President for Student Affairs, which may be granted or denied in the Vice President’s discretion. If such hearing is granted, both parties will be notified and each party will be permitted to present their position orally (limited to thirty (30) minutes or an appropriate length of time as determined in the discretion of the Vice President) and may be questioned. The decision of the Vice President for Student Affairs shall be final, and shall be issued within fifteen (15) business days of receipt of the appeal.

Records
To ensure the integrity of the hearing process and maintain an accurate record of the proceedings, Hofstra University records the administrative hearings conducted under this policy. Originals or copies of these recordings will not be released, unless pursuant to a lawfully issued subpoena or court order. Students may request to listen to recordings or view transcripts, as applicable, and may take notes on their prior proceedings to the extent permitted by FERPA. The University reserves the right to have a University representative present during any review of recordings or transcripts. As with other hearing materials, only those individuals directly involved in an appeal (the Dean of Students, Associate Dean of Students or designee, Assistant Dean for Community Standards or designee, Title IX Coordinator for Student Issues or designee, the respondent and the respondent’s advisor, the complainant and the complainant’s advisor, and hearing board and appellate hearing board members) may request to listen to any part of the recording. The complainant and accused student will have the right to access the recording or transcript for seven years from the date of the hearing at a time and place determined by the University. Copying of the hearing materials or transcript by students or their Advisors by any means is strictly prohibited.

Note: Only the chairperson of the hearing is allowed to record the hearing on a University recording device or through a court reporter. All other recording and/or cell phone devices are not permitted during the hearing.

The Office of Community Standards is responsible for maintaining the Hearing Record together with the audio recording of the hearing pursuant to the University’s Record Retention Policy.

Any publicly available recordkeeping, such as crime statistics reported as part of the University’s Annual Security Report, will be accomplished without the inclusion of identifying information about any reporting individual, to the extent permissible by law.

Students will have the right to choose whether to discuss or disclose the outcome of the processes under this policy, and will have the right to have all information obtained during the course of the process under this policy protected from public release until the appeals panel makes a final determination unless otherwise required by law. Even after the appeals panel makes a final determination, FERPA protections will still apply to the information as applicable.