Sexual Misconduct Policy

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Issuing Authority: The President and Dean of the Law School

Responsible Officers: The Director of Equal Opportunity and Title IX Coordinator and

The Office of the General Counsel and Chief Compliance Officer

Date Issued: April 13, 2014

Latest Revision: February 8, 2024

CONTENTS

I. THE PURPOSE OF THIS POLICY ................................................................................... 2

II. TO WHOM THIS POLICY APPLIES ............................................................................... 2

III. THE TITLE IX COORDINATOR ..................................................................................... 3

IV. NOTICE OF COORDINATION WITH NON-DISCRIMINATION AND

HARASSMENT POLICY .................................................................................................. 3

V. LEGAL AND POLICY DEFINITIONS ............................................................................ 3

VI. REPORTING SEXUAL MISCONDUCT TO THE LAW SCHOOL .............................. 11

VII. OFF-CAMPUS JURISDICTION ..................................................................................... 20

VIII. CONFIDENTIALITY....................................................................................................... 20

IX. THE INVESTIGATION AND DISPOSITION OF A COMPLAINT ............................. 23

X. RETALIATION ................................................................................................................ 26

XI. CONSENSUAL RELATIONSHIPS ................................................................................ 26

XII. TRAINING ....................................................................................................................... 27

XIII. RECORD KEEPING ........................................................................................................ 27

XIV. REPORTING SEXUAL MISCONDUCT AS A CRIME ................................................ 28

XV. RISK REDUCTION ......................................................................................................... 30

XVI. RESOURCES ................................................................................................................... 32

XVII. DISCLAIMER .................................................................................................................. 37

APPENDIX A: Notice of Rights Regarding Sexual Misconduct Complaints/Students’ Bill of Rights

APPENDIX B: An Explanation of Distinctions Between the Processes Under New York State Penal Law

and the Brooklyn Law School Sexual Misconduct Policy

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I. THE PURPOSE OF THIS POLICY

Brooklyn Law School (“Law School”) is committed to maintaining a respectful,

professional, academic, and working environment for students, faculty, staff, facility

residents, vendors, and visitors. This includes maintaining an environment free from

sexual misconduct.

Sexual misconduct, as described in this Policy, is a form of sexual harassment and

discrimination, which is prohibited by Title IX of the Education Amendments of 1972;

the Equal Employment Opportunity Act of 1972; the New York State and New York City

Human Rights Laws; and New York State Education Law, Articles 129-A and 129-B.

Domestic violence, dating violence, and stalking are also prohibited conduct as defined

by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics

Act, as amended by the Violence Against Women Reauthorization Act of 2013 and the

New York State Education Act, Articles 129-A and 129-B.

This Policy has been created to:

● Prohibit acts of sexual misconduct, including sex discrimination, sexual harassment,

sexual assault, sexual exploitation, stalking, dating violence, domestic violence, and

the publication or dissemination of intimate images undertaken for the purpose of

harassment or causing harm;

● Foster a climate of respect and security on campus to prevent and respond to sexual

misconduct;

● Identify behavior that constitutes sexual misconduct under this Policy and State law;

● Disseminate clear policies and procedures for reporting acts of sexual misconduct

and for responding to acts of sexual misconduct reported to the Law School;

● Explain how students and employees can report sexual misconduct to the Law

School confidentially to the extent possible;

● Identify the resources available both on and off campus to aid complainants,

including local law enforcement resources;

● Investigate and promptly address complaints in a fair and equitable manner that is

independent of criminal or other investigations that may occur;

● Deliver primary prevention and awareness programs and ongoing training and

education campaigns to students and employees so they understand how to report

sexual misconduct;

● Help students and employees understand how to reduce the risk of sexual assault

and other forms of sexual misconduct;

● Identify the rights of complainants and respondents under this Policy, regardless of

whether the offense occurred on or off campus;

● Identify the Title IX Coordinator and describe the Coordinator’s role; and

● Comply with the New York State Education Law, Articles 129-A (see §§ 6430

through 6438-c) 129-B (see §§ 6439 through 6449).

II. TO WHOM THIS POLICY APPLIES

This Policy applies to the Brooklyn Law School community (students, faculty, senior

administrators, staff, paid and unpaid interns, and third-parties) whether the complaint is

made directly or indirectly by: (a) students against students, faculty, staff, senior

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administrators, and third-parties; (b) employees against students, faculty, staff, senior

administrators, and third-parties; and (c) third-party. Third-parties include vendors,

visitors to the Law School premises, and non-student and non-employee residents of Law

School housing such as spouses, domestic partners, and children. Furthermore, this

Policy applies to all settings and activities sponsored by the Law School, whether on or

off campus, and to incidents that may have been initiated off campus outside of the Law

School’s education programs and activities.

Violations of the Policy will not be tolerated. Any individual covered by this Policy who

engages in prohibited conduct, including retaliation, will be subject to remedial and/or

disciplinary action. Violations of this Policy may also subject the Law School and

individuals to liability under the applicable laws.

III. THE TITLE IX COORDINATOR

The Law School has designated the individual listed below as the Title IX Coordinator,

who is responsible for overseeing all sexual misconduct reports and complaints;

identifying and addressing any patterns or systemic problems that are revealed during the

review of such complaints; evaluating a complainant’s request for confidentiality in the

context of the Law School’s responsibility to provide a safe and nondiscriminatory

environment for all; ensuring a prompt, fair, and impartial investigation. The Title IX

Coordinator also evaluates trends on campus by using information reported to her and

makes recommendations for campus-wide training and education programs.

Louise Cohen, Director of Equal Opportunity and Title IX Coordinator

250 Joralemon Street

Brooklyn, NY 11201

Office: (718) 780-0377 After Business Hours: (347) 821-8904

[email protected]

IV. NOTICE OF COORDINATION WITH NON-DISCRIMINATION AND

HARASSMENT POLICY

It is important to coordinate this Policy with other existing policies such as the Brooklyn

Law School Policy on Non-Discrimination and Harassment, because discrimination and

harassment based on an individual’s sex, sexual orientation, or gender expression can

occur in conjunction with misconduct and harassment based on a person’s race, ethnicity,

national origin, religion, age, pregnancy or parenting status, disability, or other legally

protected status. Therefore, when a report is made that alleges harassment and

discrimination based on sex and alleges some other form of discrimination, the Law

School will work with both policies to address the complaints.

V. LEGAL AND POLICY DEFINITIONS

The Law School is required to provide legal definitions of sexual misconduct crimes

under New York State Penal Law and definitions of sexual misconduct under the Law

School’s Sexual Misconduct Policy, because complainants have the right to seek redress

under this Policy and to file a criminal complaint. Please refer to Appendix B for a

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summary of the differences between the processes under New York State Penal Law and

the Law School’s Sexual Misconduct Policy.

1. Sexual Misconduct

The term sexual misconduct is used by the Law School to refer to inappropriate conduct

based on sex. Sexual misconduct includes sexual harassment, sexual assault, and sexual

exploitation. It also includes dating violence, domestic violence, and other acts of verbal,

nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-

stereotyping. It also includes stalking, which can be a form of sexual violence depending

on the conduct, and the unlawful publication or dissemination of intimate images.

2. Sexual Harassment

Sexual harassment is a form of sex discrimination involving unwelcome conduct of a

sexual nature. “Unwelcome conduct” is defined as conduct that has not been invited and

is offensive. Such conduct includes, but is not limited to:

● unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal,

or physical conduct of a sexual nature;

● inappropriate touching, suggestive comments, and sexually-oriented gestures,

noises, remarks, or jokes;

● sexual stereotyping which occurs when conduct or personality traits do not conform

to perceptions of how individuals of a particular sex should look or act;

● public display of pornographic or suggestive calendars, posters, or signs where such

images are not connected to any legitimate academic or workplace purpose;

● unwanted electronic messaging through email, texting, and other electronic methods

that is of a sexual nature or is directed at an individual because of the individual’s

actual or perceived gender identity; and

● recording, disseminating, publishing or viewing another person’s sexual activity,

intimate body parts, or nakedness without consent, even if the activity documented

was consensual.

Sexual harassment includes harassment based on sex, sexual orientation, self-identified or

perceived sex, gender expression, gender identity, and transgender status.

Sexual harassment will be found under this Policy when: (1) submission to such conduct

is made as an express or implicit term or condition of an individual’s employment,

performance, appraisal, or evaluation of academic performance; or (2) such conduct has

the purpose or effect of unreasonably interfering with an individual’s work or academic

performance, or creating an intimidating, hostile, humiliating, or offensive academic or

working environment, even if the individual is not the intended target.

Sexual harassment may be found in a single episode as well as in persistent behavior.

The existence of a hostile environment will be examined from the perspective of a

reasonable person in the situation of the complainant.

Sexual harassment can be found under this Policy even when the conduct may not rise to

the legal definition or judicial interpretations.

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3. Gender-Based Discrimination

Gender-based discrimination is the non-sexual adverse treatment of an individual based

on that individual’s actual or perceived gender marker. Discrimination includes conduct

based on gender identity, gender-expression and non-conformity with gender

stereotypical concepts such as “masculinity” and “femininity.” Gender-based

discrimination can occur in conjunction with acts of sexual misconduct.

4. Gender-Based Harassment

Gender-based harassment is non-sexual conduct based on an individual’s actual or

perceived gender marker that has the purpose or effect of unreasonably interfering with

an individual’s work or academic performance or creating an intimidating, hostile,

humiliating, or offensive academic or working environment. The existence of a hostile

environment will be examined from the perspective of a reasonable person in the situation

of the complainant.

5. Sexual Assault

Sexual assault is any sexual activity or sexual contact with another person without

affirmative consent and includes an offense that meets the definition of rape, fondling,

incest, or statutory rape:

Rape — The penetration, no matter how slight, of the vagina or anus with any body part

or object, or oral penetration by a sex organ of another person, without the consent of the

victim.

Fondling — The touching of the private body parts of another person for the purpose of

sexual gratification, without the consent of the victim, including instances where the

victim is incapable of giving consent because of his/her age or because of his/her

temporary or permanent mental incapacity.

- Incest — Sexual intercourse between persons who are related to each other within the

degrees wherein marriage is prohibited by law.

Statutory Rape — Sexual intercourse with a person who is under the statutory age of

consent.

Under the New York State Penal Law, any of the following acts, if perpetrated against a

victim without the victim’s consent is a sexual assault crime. Any such crime is also a

violation of this Policy.

● Rape and Attempted Rape: engaging or attempting to engage in sexual

intercourse with another person either: (1) without the person’s consent; (2) where a

person is incapable of consent due to a mental disability, mental incapacitation, or

physically helpless; or (3) the person is less than seventeen (17) years old. Sexual

intercourse is any penetration of the penis into the vagina, however slight. There is

no requirement of physical injury, ejaculation or orgasm.

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● Criminal sexual acts (oral or anal sexual conduct) occur upon contact between

penis and mouth, penis and anus (rectum), mouth and anus, or mouth and vaginal

area. No penetration is required.

● Sexual contact is any touching of the sexual or intimate parts of the body, whether

over or under clothing, done for the purpose of gratifying the sexual desire of the

perpetrator. Sexual contact includes both: (i) the touching of the victim’s sexual or

intimate parts by the perpetrator; and (ii) the touching of the perpetrator’s sexual or

intimate parts by the victim.

● Sexual abuse is subjecting a person to sexual contact without that person’s consent.

● Forcible touching is the intentional and forcible touching of another, done for the

purpose of: (i) degrading or abusing another person; or (ii) gratifying the

defendant’s sexual desire. Forcible touching includes squeezing, grabbing, or

pinching.

● Aggravated sexual contact is the insertion of a foreign object (e.g. bottle, broom

handle, etc.) into the vagina, urethra, penis or rectum.

6. Affirmative Consent/Incapacity

Affirmative consent is a knowing, voluntary, and mutual decision among all participants

to engage in sexual activity. Consent can be given by words or actions, if those words or

actions create clear permission regarding a willingness to engage in the sexual activity.

Silence or lack of resistance, in and of itself, does not demonstrate consent. The

definition of consent does not vary based upon a participant’s sex, sexual orientation,

gender identity, or gender expression. The person initiating each specific act, regardless

of whether the person is under the influence of alcohol or drugs, is responsible for

seeking consent and having consent accepted. Past sexual activity between or with any

party does not necessarily constitute consent for future acts. In addition:

● Consent may be initially given, but withdrawn at any time;

● When it is withdrawn, or can no longer be given, or at any time consent is uncertain,

sexual activity is to stop;

● Consent is not given when it is under the threat of harm, intimidation, coercion, or

force. Under New York State Penal Law, forcible compulsion means to compel by

actual physical force; by the threat of expressed or implied physical force, that puts

the victim in fear of being physically harmed or of another person being physically

harmed (e.g. one’s child); or by the threat to kidnap the victim or a third person;

● Consent cannot be given when a person is incapacitated, which occurs when a

person lacks the ability to knowingly choose to participate in sexual activity; and

● Depending upon the degree of intoxication, someone who is under the influence of

alcohol, drugs, or other intoxicants may be incapacitated and, therefore, unable to

consent.

Under New York State Penal Law, incapacity exists when a person is:

● physically helpless – unconscious or otherwise physically unable to indicate

unwillingness to engage in an act;

● under 17 years of age – New York law states that a person less than 17 years of age

is legally incapable of consenting to sexual intercourse or other sexual contact (these

laws are typically known as statutory rape laws);

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● mentally incapacitated – the person is temporarily incapable of understanding or

controlling their conduct because a drug or other intoxicating substance (e.g.

alcohol) was given to them. A person is mentally or physically incapacitated when

they have consumed alcohol and/or drugs, legal or illegal, voluntarily or

involuntarily, and is in a state where a reasonable person would believe that they are

unable to make reasonable judgments or render self-care; or

● mentally disabled – the person suffers from a mental illness or condition that

renders the person incapable of understanding the nature of their conduct.

Under this Policy, incapacitation includes, but is not limited to, lack of consciousness,

being asleep, being involuntarily restrained, or otherwise being unable to consent.

Indicators of incapacitation may include:

● Slurred speech

● Bloodshot or unfocused eyes

● Unsteady gait; needing assistance to walk/stand

● Vomiting

● Outrageous or unusual behavior

● Concern expressed by others about the individual

● Expressed memory loss or disorientation

Affirmative consent is required prior to engaging in any sexual activity, defined as:

(a) contact between the penis and the vulva or the penis and the anus, and for

purposes of this subparagraph contact involving the penis occurs upon

penetration, however slight;

(b) contact between the mouth and the penis, the mouth and the vulva, or the

mouth and the anus;

by a hand or finger or by any object, with an intent to abuse, humiliate,

harass, degrade, or arouse or gratify the sexual desire of any person; or

(d) the intentional touching, not through the clothing, of the genitalia of

another person who has not attained the age of 16 years with an intent to

abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of

any person;

(e) the intentional touching, either directly or through the clothing, of the

genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an

intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual

desire of any person.

7. Sexual Exploitation

Sexual exploitation under New York State Penal Law and this Policy occurs when: (1) a

person takes advantage of another sexually without the individual’s consent for the

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initiator’s own advantage or benefit, or to benefit or advantage anyone other than the one

being exploited; and (2) that behavior does not otherwise constitute one of the other

sexual misconduct offenses.

Examples of behaviors constituting sexual exploitation include:

● Prostituting another

● Allowing a third-party to watch consensual sexual contact without the permission of

both parties involved in the sex act or showing voluntarily recorded sexual activity

to others without permission

● Knowingly giving another a sexually transmitted infection (STI) or HIV

● Allowing or encouraging others to have sex with an incapacitated person

8. Unlawful Dissemination or Publication of Intimate Images

A person is guilty of the unlawful dissemination of intimate images under New York

State Penal Law §245.15 when that person: (1) disseminates or publishes images of

another person who is unclothed, whose intimate parts are exposed, or who is engaged in

sexual conduct, with the intent to cause harm to that person’s emotional, financial, or

physical welfare; (2) the person is identifiable from the image or from information

displayed in connection with the image; (3) the person had a reasonable expectation that

the image would remain private; and (4) the actor knew or reasonably should have known

that the person intended for the image to remain private.

“Image” includes still and video images. “Intimate parts” includes naked genital, pubic

area, anus, or female nipple.

9. Domestic Violence

A felony or misdemeanor crime of violence committed—

(A) By a current or former spouse or intimate partner of the victim;

(B) By a person with whom the victim shares a child in common;

or intimate partner;

(D) By a person similarly situated to a spouse of the victim under the domestic or family

violence laws of the jurisdiction in which the crime of violence occurred, or

(E) By any other person against an adult or youth victim who is protected from that

person's acts under the domestic or family violence laws of the jurisdiction in which the

crime of violence occurred.

In New York State, the crime of domestic violence includes the following acts by one

person against an adult intimate partner, with the goal of establishing and maintaining

power and control over the victim: (1) actual physical abuse; (2) an attempt to harm

another; (3) placing another in fear of imminent, serious, physical harm, like violating a

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protective order; or (4) causing another to engage in sexual relations by force, threat of

force, or duress. Any such crime is also a violation of this policy.

The term “intimate partner” includes persons legally married to one another; persons

formerly married to one another; persons who have a child in common (regardless of

whether such persons are married or have lived together at any time); couples who are in

an “intimate relationship” including but not limited to couples who live together or have

lived together; and persons who are dating or who have dated in the past, including same-

sex couples.

Examples of behaviors that may constitute domestic violence include:

● Hitting, punching, pinching, slapping, or choking

● Violating a protective order

● Harming a person’s children or animals

Acts of domestic violence include the following behaviors in addition to the behaviors

described above:

● Emotional abuse

● Psychological abuse

● Economic abuse

10. Dating Violence

Dating violence under this Policy is 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 will be determined based on a

consideration of the following factors:

(i) the length of the relationship;

(ii) the type of relationship; and

(iii) the frequency of interaction between the persons involved in the

relationship.

Dating violence includes the use or threat of physical force or restraint carried out with

the intent of causing pain or injury to another within a dating relationship.

Behaviors that may constitute dating violence include:

● The threat of physical or/and sexual assault

● Taking away a person’s cell phone during an argument so the person cannot call a

friend or the police for help

● Threatening to self-harm if another does not do what is said

In New York State, dating violence is prosecuted under domestic violence laws.

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11. Stalking

Under this Policy, stalking is engaging in a course of conduct directed at a specific

person or group that would cause reasonable person[s] to:

(a) fear for their own safety or the safety of others; or

(b) suffer substantial emotional distress.

In New York State, a person is guilty of stalking when intentionally, and for no legitimate

purpose, the person engages in a course of conduct directed at a specific person, and

knows or reasonably should know that such conduct:

(a) 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;

(b) 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 perpetrator was previously clearly informed to cease that conduct;

business or career, where such conduct consists of appearing, telephoning

or initiating communication or contact at such person’s place of

employment or business, and the perpetrator was previously clearly

informed to cease that conduct.

In some circumstances, two instances of such behavior(s) may be sufficient to constitute

stalking.

12. Child Abuse

In New York State and under this Policy, the sexual abuse of a child occurs when a

person commits a sexual act with a minor, defined as a person under the age of seventeen

(17). Physical abuse of a child, defined as a person under the age of eighteen (18),

occurs when a person inflicts or allows to be inflicted a serious injury causing death,

disfigurement, loss of an organ or bodily function, or impairment of physical or emotional

health. Neglect occurs when a person legally responsible for a person under the age of

eighteen (18) fails to provide a minimum level of care (e.g., food, water, clothing, shelter,

school) or engages in activities that pose a risk to the health and safety of the child (e.g.,

leaving a child home unattended, misusing drugs or alcohol).

Anyone who has reason to suspect the sexual abuse, physical abuse, or neglect of a child

should report the suspected abuse to the New York State Maltreatment Hotline at 1-

800-342-3720 as soon as possible.

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13. New York State Criminal Penalties

The New York State Penal Law provides the following maximum penalties for the

various classifications of sexual and domestic assault offenses, including stalking and the

unlawful dissemination and publication of intimate images, depending on the offense:

Class B Felony

Imprisonment for 5 to 25 years

Class C Felony

Imprisonment for 3 1/2 to 15 years

Class D Felony

Imprisonment for 2 to 7 years

Class E Felony

Imprisonment for 1 1/2 to 4 years

Class A Misdemeanor

Imprisonment for up to 1 year

Class B Misdemeanor

Imprisonment for up to 3 months

For more information about how sex offenses are classified in the State of New York,

visit https://ag.ny.gov/rape-and-sexual-offenses-state-statutes. For more information

about how domestic offenses are classified in the State of New York, visit

https://ag.ny.gov/victims-domestic-violence-state-statutes.

14. Local Ordinances and Penalties

Local ordinances in the City of New York are administrative law, not criminal, and allow

for the protection of a person’s civil rights. Local ordinances, including Title 8, may be

accessed here: https://www.nyc.gov/site/law/public-resources/laws-of-the-city-of-new-

york.page.

VI. REPORTING SEXUAL MISCONDUCT TO THE LAW SCHOOL

1. Reporting an Incident of Sexual Misconduct

(a) The Law School will ensure that reporting individuals are advised of their

right to:

(i) Notify campus security, local law enforcement, and/or state police;

(ii) Have emergency access to a Title IX Coordinator or other

appropriate 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, and detailing 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.

Such official shall also explain whether he or she is authorized to

offer the reporting individual confidentiality or privacy, and shall

inform the reporting individual of other reporting options;

(iii) Disclose confidentially the incident to BLS representatives, who

may offer confidentiality pursuant to applicable laws and can assist

in obtaining services for reporting individuals;

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(iv) Disclose confidentially the incident and obtain services from the

state or local government;

(v) Disclose the incident to BLS representatives who can offer privacy

or confidentiality, as appropriate, and can assist in obtaining

resources for reporting individuals;

(vi) File a report of sexual assault, domestic violence, dating violence,

and/or stalking and the right to consult the Title IX Coordinator

and other appropriate BLS representatives for information and

assistance. Reports shall be investigated in accordance with BLS

policy and a reporting individual’s identity shall remain private at

all times if said reporting individual wishes to maintain privacy;

(vii) Disclose, if the accused is an employee of BLS , the incident to the

Law School’s human resources authority or the right to request that

a confidential or private employee assist in reporting to the

appropriate human resources authority;

(viii) Receive assistance from appropriate institution representatives in

initiating legal proceedings in family court or civil court; and

(ix) Withdraw a complaint or involvement from the institution process

at any time.

(b) The Law School will ensure that at the first instance of disclosure by a

reporting individual to an institution representative, the following

information shall be presented to the reporting individual: “You have the

right to make a report to university police or campus security, local law

enforcement, and/or state police or choose not to report; to report the

incident to your institution; to be protected by the institution from

retaliation for reporting an incident; and to receive assistance and

resources from your institution.”

about resources, including intervention, mental health counseling, and

medical services, which shall include information on whether such

resources are available at no cost or for a fee. The Law School shall also

provide information on sexually transmitted infections, sexual assault

forensic examinations, and resources available through the New York state

office of victim services, established pursuant to section six hundred

twenty-two of the executive law.

(d) The Law School shall ensure that individuals are provided the following

protections and accommodations:

(i) When the accused or respondent is a student, to have the Law

School issue a “no contact order” consistent with BLS policies

and procedures, whereby continued intentional contact with the

reporting individual would be a violation of BLS policy subject to

additional conduct charges; if the accused or respondent and a

reporting individual observe each other in a public place, it shall be

the responsibility of the accused or respondent to leave the area

immediately and without directly contacting the reporting

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individual. Both the accused or respondent and the reporting

individual shall, upon request and consistent with BLS policies and

procedures, be afforded a prompt review, reasonable under the

circumstances, of the need for and terms of a no contact order,

including potential modification, and shall be allowed to submit

evidence in support of his or her request. The Law School may

establish an appropriate schedule for the accused and respondents

to access applicable institution buildings and property at a time

when such buildings and property are not being accessed by the

reporting individual;

(ii) To be assisted by BLS’ campus security, or other officials in

obtaining an order of protection or, if outside of New York state,

an equivalent protective or restraining order;

(iii) To receive a copy of the order of protection or equivalent when

received by an institution and have an opportunity to meet or speak

with a BLS representative, or other 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;

(iv) To an explanation of the consequences for violating these orders,

including but not limited to arrest, additional conduct charges, and

interim suspension;

(v) To receive assistance from campus security in calling on and assist

local law enforcement in effecting an arrest for violating such an

order;

(vi) When the accused or respondent is a student determined to present

a continuing threat to the health and safety of the community, to

subject the accused or respondent to interim suspension pending

the outcome of a judicial or conduct process consistent with this

article and BLS’ policies and procedures. Both the accused or

respondent and the reporting individual shall, upon request and

consistent with the institution’s policies and procedures, be

afforded a prompt review, reasonable under the circumstances, of

the need for and terms of an interim suspension, including potential

modification, and shall be allowed to submit evidence in support of

his or her request;

(vii) When the accused is not a student but is a member of BLS’

community and presents a continuing threat to the health and safety

of the community, to subject the accused to interim measures in

accordance with applicable collective bargaining agreements,

employee handbooks, and rules and policies of the institution;

(viii) To obtain reasonable and available interim measures and

accommodations that effect 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 institution’s

policies and procedures. Both the accused or respondent and the

reporting individual shall, upon request and consistent with the

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BLS’ policies and procedures, be afforded a prompt review,

reasonable under the circumstances, of the need for and terms of

any such interim measure and accommodation that directly affects

him or her, and shall be allowed to submit evidence in support of

his or her request.

(e) The Law School shall ensure that every student be afforded the following

rights:

(i) The right to request that student conduct charges be filed against

the accused in proceedings governed by this article and the

procedures established by BLS’ rules.

(ii) The right to a process in all student judicial or conduct cases,

where a student is accused of sexual assault, domestic violence,

dating violence, stalking, or sexual activity that may otherwise

violate the institution’s code of conduct, that includes, at a

minimum: (i) notice to a respondent describing the date, time,

location and factual allegations concerning the violation, a

reference to the specific code of conduct provisions alleged to have

been violated, and possible sanctions; (ii) an opportunity to offer

evidence during an investigation, and to present evidence and

testimony at a hearing, where appropriate, and have access to a full

and fair record of any such hearing, which shall be preserved and

maintained for at least five years from such a hearing and may

include a transcript, recording or other appropriate record; and (iii)

access to at least one level of appeal of a determination before a

panel, which may include one or more students, that is fair and

impartial and does not include individuals with a conflict of

interest. In order to effectuate an appeal, a respondent and

reporting individual in such cases shall receive written notice of the

findings of fact, the decision and the sanction, if any, as well as the

rationale for the decision and sanction. In such cases, any rights

provided to a reporting individual must be similarly provided to a

respondent and any rights provided to a respondent must be

similarly provided to a reporting individual.

(iii) Throughout proceedings involving such an accusation of sexual

assault, domestic violence, dating violence, stalking, or sexual

activity that may otherwise violate the institution’s code of

conduct, the right:

(1) For the respondent, accused, and reporting individual to 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. Rules for

participation of such advisor shall be established in the code

of conduct.

(2) To a prompt response to any complaint and to have the

complaint investigated and adjudicated in an impartial,

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timely, and thorough manner by individuals who receive

annual training in conducting investigations of sexual

violence, the effects of trauma, impartiality, 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 the provisions of this

article and the institution’s policies and procedures, and

other issues including, but not limited to domestic violence,

dating violence, stalking or sexual assault.

(3) To an investigation and process that is fair, impartial and

provides a meaningful opportunity to be heard, and that is

not conducted by individuals with a conflict of interest.

(4) To have the institution’s judicial or conduct process run

concurrently with a criminal justice investigation and

proceeding, except for temporary delays as requested by

external municipal entities while law enforcement gathers

evidence. Temporary delays should not last more than ten

days except when law enforcement specifically requests

and justifies a longer delay.

(5) To review and present available evidence in the case file, or

otherwise in the possession or control of the institution, and

relevant to the conduct case, consistent with institution

policies and procedures.

(6) To exclude their own prior sexual history with persons

other than the other party in the judicial or conduct process

or their own mental health diagnosis and/or treatment from

admittance in the institution disciplinary stage that

determines responsibility. Past findings of domestic

violence, dating violence, stalking, or sexual assault may be

admissible in the disciplinary stage that determines

sanction.

(7) To receive written or electronic notice, provided in advance

pursuant to the Law School’s policy and reasonable under

the circumstances, of any meeting they are required to or

are eligible to attend, of the specific rule, rules or laws

alleged to have been violated and in what manner, and the

sanction or sanctions that may be imposed on the

respondent based upon the outcome of the judicial or

conduct process, at which time the designated hearing or

investigatory officer or panel shall provide a written

statement detailing the factual findings supporting the

determination and the rationale for the sanction imposed.

(8) To make an impact statement during the point of the

proceeding where the decision maker is deliberating on

appropriate sanctions.

(9) To simultaneous (among the parties) written or electronic

notification of the outcome of a judicial or conduct process,

including the sanction or sanctions.

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(10) To be informed of the sanction or sanctions that may be

imposed on the respondent based upon the outcome of the

judicial or conduct process and the rationale for the actual

sanction imposed.

(11) To choose whether to disclose or discuss the outcome of a

conduct or judicial process.

(12) To have all information obtained during the course of the

conduct or judicial process be protected from public release

until the appeals panel makes a final determination unless

otherwise required by law.

(f) For crimes of violence, including, but not limited to sexual violence,

defined as crimes that meet the reporting requirements pursuant to the

federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), the

Law School shall make a notation on the transcript of students found

responsible after a conduct process that they were “suspended after a

finding of responsibility for a code of conduct violation” or “expelled after

a finding of responsibility for a code of conduct violation.” For the

respondent who withdraws from the institution while such conduct charges

are pending, and declines to complete the disciplinary process, the Law

School shall make a notation on the transcript of such students that they

“withdrew with conduct charges pending.” The Law School has a policy

on transcript notations (See Section IX below) and appeals seeking

removal of a transcript notation for a suspension, provided that such

notation shall not be removed prior to one year after conclusion of the

suspension, while notations for expulsion shall not be removed. If a

finding of responsibility is vacated for any reason, any such transcript

notation shall be removed.

Individuals who believe that they have been the subject of any form of sexual

misconduct, including sexual harassment, gender-based discrimination or harassment,

domestic violence, dating violence, sexual assault, or stalking, or is aware of someone

who has been subjected to such conduct, including child abuse, may report the conduct to

the Director of Equal Opportunity and Title IX Coordinator to file a complaint, or to

a “Responsible Employee” who will report the conduct to the Title IX Coordinator.

Brooklyn Law School has designated the following individuals as “Responsible

Employees”:

● The President and Dean and all other individuals holding Vice, Associate, and

Assistant Dean titles;

● The Director of Equal Opportunity and Title IX Coordinator;

● The Director of Campus Safety and security Staff;

● All Senior Staff;

● All Student Affairs Staff;

● All Residence Staff;

● All Human Resources Staff;

● All staff of the Office of General Counsel and Chief Compliance Officer;

● Supervisors/Managers/Department Heads;

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● Faculty; and

All faculty and staff information can be found in the directory located on the Brooklyn

Law School website at www.brooklaw.edu or BLS Connect

[email protected].

Responsible Employees are required to:

(1) Inform the person reporting acts of sexual misconduct of the following at the first

instance of disclosure rights:

“You have the right to make a report to university police or campus security, local

law enforcement, and/or state police or choose not to report; to report the incident

to your institution; to be protected by the institution from retaliation for reporting

an incident; and to receive assistance and resources from your institution.”

(2) The Responsible Employee will collect the name of the complainant and

respondent, date, time, location, and names of other witnesses and report the

matter to the Director of Equal Opportunity and Title IX Coordinator.

(3) The Responsible Employee should assure the complainant that the Director of

Equal Opportunity and Title IX Coordinator will share information only on a need

to know basis and respect privacy as much as possible. If the complainant decides

not to go forward, the complainant will be directed to legally confidential

resources such as clergy, mental health professionals, and sexual assault services.

Such resources are listed at the end of this Policy.

(4) Comply with all other relevant aspects of this policy regarding rights of reporting

individuals.

A Responsible Employee will be held responsible for actions or inactions that obstruct the

application of this policy and may be subject to disciplinary sanctions.

2. Form of Complaint

A complaint does not have to be in writing, but if a complainant wants to file a written

complaint, there is a complaint form on the Policy Page that a complainant may use.

Notice to the Law School is made when the Law School knows or reasonably should

know, based on the statements of a complainant or other reports, that sexual misconduct

is alleged. Actual notice from the complainant, which consists of direct statements

alleging misconduct covered by this policy, is preferable, although the Law School

accepts verbal or written statements from any party who has knowledge of an incident of

sexual misconduct occurring either on or off campus. A complaint may also be initiated

when a possible Title IX violation comes to the attention of the Law School through

social media sites (e.g., Facebook, You Tube) and news media.

Complaints should be filed as soon as possible so that the Law School can promptly and

effectively address the issue. However, untimely complaints will be accepted, thoroughly

investigated, and addressed.

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Anonymous reports are accepted by the Director of Equal Opportunity and Title IX

Coordinator, Louise Cohen, via email at [email protected] and by phone at

718-780-0377, but the supplier of the anonymous report should be aware that failure to

disclose identifying information about the accused party, the alleged victim of the sexual

misconduct, or the facts and circumstances regarding the misconduct severely limits the

Law School’s ability to respond and remedy the effects of sexual misconduct.

Anonymous reports that provide enough information to constitute a criminal offense will

be reported to the Director of Campus Safety, less any identifying information regarding

the complainant for purposes of inclusion in the Annual Security Report and to assess for

purposes of sending out a Timely Warning under the Clery Act.

3. Students’ Bill of Rights

A summary of complainants’ rights regarding sexual misconduct complaints is available

as a separate document on the Brooklyn Law School Policy Page at

www.brooklaw.edu/policies and the BLS Connect Policy Page at

https://blsconnect.brooklaw.edu/administrative/policies/Pages. It is also available at the

end of this Policy as Appendix A.

4. Amnesty for Reports Involving Drug and Alcohol Use

The health and safety of every student t at Brooklyn Law School is of utmost importance.

The Law School recognizes that students who have been drinking and/or using drugs

(whether such use is voluntary or involuntary) at the time that violence, including but not

limited to domestic violence, dating violence, stalking, or sexual assault occurs may be

hesitant to report such incidents due to fear of potential consequences for their own

conduct. Brooklyn Law School strongly encourages students to report domestic violence,

dating violence, stalking, sexual assault to institution 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 Brooklyn Law School’s officials

or law enforcement will not be subject to the Law School’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. An

individual who is accused of committing sexual misconduct is not entitled to amnesty

pursuant to this policy.

“Bystander” shall mean a person who observes a crime, impending crime, conflict,

potentially violent or violent behavior, or conduct that is in violation of rules or policies

of an institution. A bystander does not become a “reporting individual” when they bring

forth a complaint; they remain a bystander.

Brooklyn Law School also extends the amnesty policy above to those who report

incidents of sexual harassment and the unlawful dissemination or publication of intimate

images. The Law School also extends this amnesty policy to employees reporting any of

the above.

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5. Medical Attention and Evidence Gathering

After an incident of sexual assault or domestic violence, the complainant should consider

seeking medical attention as soon as possible at an emergency room that is a certified

SAFE Center for Excellence (see Section XV.A of this Policy). The Director of Equal

Opportunity and Title IX Coordinator will help the complainant seek proper medical care

and psychological support. If the complainant chooses to seek such assistance without

the Title IX Coordinator’s involvement, the complainant can locate hospitals with such

emergency rooms listed in this Policy or by calling the New York Police Department at

911.

In New York State, evidence may be collected even if a complainant chooses not to make

a report to law enforcement.

It is important that victims of sexual assault not bathe,

douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if

the offense occurred within the past ninety-six (96) hours so that evidence which may be

necessary to prove criminal activity may be preserved. If sexual assault victims do not

opt for forensic evidence collection, health care providers can still treat injuries and take

steps to address concerns of pregnancy and/or sexually transmitted disease. Victims of

sexual assault, domestic violence, stalking, and dating violence are encouraged to also

preserve evidence by saving text messages, instant messages, social networking pages,

other communications, and keeping pictures, logs or other copies of documents, that may

be useful to Law School investigators, hearing boards, or the police. Although the Law

School strongly encourages all members of its community to report violations of this

Policy to law enforcement, it is the victim’s choice to make such a report, and victims

have the right to decline involvement with the police. If a complainant chooses to file a

criminal complaint, the Director of Equal Opportunity and Title IX Coordinator will

assist any victim with notifying local police and obtaining a sexual assault forensic

examination. The 84th Precinct, which serves Brooklyn Law School, may also be

reached directly by calling (718) 875-6811 or appearing in person at 301 Gold Street,

Brooklyn, New York. Additional information about the 84th Precinct Police department

may be found online at:

https://www.nyc.gov/site/nypd/bureaus/patrol/precincts/84th-precinct.page.

As time passes, evidence may dissipate or become lost or unavailable, thereby making

investigation, possible prosecution, disciplinary proceedings, or obtaining an order of

protection related to the incident more difficult. If a victim chooses not to make a

complaint regarding an incident, the victim nevertheless should consider speaking with

the Director of Equal Opportunity and Title IX Coordinator, Director of Campus Safety, ,

or local law enforcement to preserve evidence in the event the victim chooses to proceed

later.

Under the Violence Against Women and Department of Justice Reauthorization Act of 2005, starting in 2009,

states must certify that they do not “require a victim of sexual assault to participate in the criminal justice system or

cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges

incurred on account of such an exam, or both.”

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6. Interim Measures

The Law School will take interim measures pending the investigation of a report or

complaint to prevent contact between a complainant, an accused party, and anyone

involved in the investigation to ensure safety, prevent retaliation, and address an ongoing

hostile environment. Such measures may include: (i) issuing a mutual “no contact order”

whereby intentional contact shall be a violation subject to disciplinary procedures; (2)

interim suspension after it is determined that the accused presents a continuing threat to

the health and safety of the community; and (3) making housing, academic, and work-

related adjustment.

Both the complainant and the accused party shall have an opportunity to request a prompt

review of the need for and possible modification of interim measures that affect them.

Such review shall be conducted by the Dean of Students, who shall make their

recommendations to the President and Dean of the Law School, who shall issue a

decision.

Interim measures imposed on the accused party are not determinations of guilt. Such

measures are implemented to ensure that the investigation and adjudication of a

complaint proceeds as efficiently and swiftly as possible.

7. Notifying Parents

The Family Educational Rights and Privacy Act of 1974 (“FERPA”) (20 U.S.C. § 1232g;

34 CFR Part 99) allows the Law School to share information with parents when there is:

(1) a health or safety emergency; or (2) the student is a dependent on either parent’s prior

year federal income tax return. Otherwise, the Law School shall not share information

about a report of sexual assault without the student’s written permission.

VII. OFF-CAMPUS JURISDICTION

The Law School assumes jurisdiction to adjudicate off-campus complaints (including

complaints that originate while studying abroad) involving members of the Law School

community, and does not limit the timeframe for reporting. If the accused person is no

longer affiliated with the Law School at the time the report is made, then the Law School

will still conduct an inquiry, take steps to prevent the recurrence of such conduct to the

Law School community, and remedy the effects, if appropriate.

VIII. CONFIDENTIALITY

Only licensed counselors, health care providers, and clergy serving in pastoral counseling

roles are designated confidential resources. The Law School does not have a health or

counseling center or a chapel or ministry, therefore, confidential havens do not exist on

campus. Students and employees who do not wish to disclose to the Law School a

complaint of sexual misconduct should utilize health, religious, and counseling services

in the community where their confidentiality may be protected. For a list of off-campus

resources, see Section XV.C of this Policy.

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If a complainant requests confidentiality or asks that the complaint not be pursued, the

Law School will evaluate confidentiality requests in the context of its responsibility to

provide a safe and nondiscriminatory environment for all persons. There may be

instances where an investigation may have to be pursued against the complainant’s

wishes if doing so fulfills the Law School’s responsibility to protect the Law School

community. In those cases, the Law School will undertake all efforts to safeguard the

privacy of the complainant that is consistent with law. If a complainant insists that

identifiable information not be disclosed to the accused individual, the Law School’s

ability to respond may be limited. If the complainant continues to ask to have identifying

information withheld, the Law School will take all reasonable steps to investigate and

respond to the complaint consistent with the request, as long as doing so does not prevent

the Law School from responding effectively to the sexual misconduct and protecting

others from sexual misconduct. In such situations where confidentiality cannot be

guaranteed, privacy will be maintained to the greatest extent possible and information

will be relayed only to the extent necessary for the Director of Equal Opportunity and

Title IX Coordinator to investigate and seek a resolution.

The Law School will ensure that reporting individuals have the following:

(a) Information regarding privileged and confidential resources they may

contact regarding domestic violence, dating violence, stalking or sexual

assault;

(b) Information about counselors and advocates they may contact regarding

domestic violence, dating violence, stalking, or sexual assault;

include the following provision: “Even Brooklyn Law School offices and

employees who cannot guarantee confidentiality will maintain your

privacy to the greatest extent possible. The information you provide to a

non-confidential resource will be relayed only as necessary for the Title IX

Coordinator to investigate and/or seek a resolution.”;

(d) Information about how the Law School shall weigh a request for

confidentiality and respond to such a request. Such information shall, at a

minimum, include that if a reporting individual discloses an incident to an

institution employee who is responsible for responding to or reporting

domestic violence, dating violence, stalking, or sexual assault but wishes

to maintain confidentiality or does not consent to the institution’s request

to initiate an investigation, the Title IX Coordinator must weigh the

request against the institution’s obligation to provide a safe, non-

discriminatory environment for all members of its community. The

institution shall assist with academic, housing, transportation,

employment, and other reasonable and available accommodations

regardless of reporting choices;

(e) Information about public awareness and advocacy events, including

guarantees that if an individual discloses information through a public

awareness event such as candlelight vigils, protests, or other public event,

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the institution is not obligated to begin an investigation based on such

information. The Law School may use the information provided at such

an event to inform its efforts for additional education and prevention

efforts;

(f) Information about existing and available methods to anonymously disclose

including, but not limited to information on relevant confidential hotlines

provided by New York state agencies and not-for-profit entities;

(g) Information regarding institutional crime reporting including, but not

limited to: reports of certain crimes occurring in specific geographic

locations that shall be included in the institution’s annual security report

pursuant to the Clery Act, 20 U.S.C. 1092(f), in an anonymized manner

that identifies neither the specifics of the crime nor the identity of the

reporting individual; that the institution is obligated to issue timely

warnings of crimes enumerated in the Clery Act occurring within relevant

geography that represent a serious or continuing threat to students and

employees, except in those circumstances where issuing such a warning

may compromise current law enforcement efforts or when the warning

itself could potentially identify the reporting individual; that a reporting

individual shall not be identified in a timely warning; that the Family

Educational Rights and Privacy Act, 20 U.S.C. 1232g, allows institutions

to share information with parents when i. there is a health or safety

emergency, or ii. when the student is a dependent on either parent’s prior

year federal income tax return; and that generally, the institution shall not

share information about a report of domestic violence, dating violence,

stalking, or sexual assault with parents without the permission of the

reporting individual.

2. The Law School 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 identify those who disclose

or the information disclosed.

3. If the Law School determines that an investigation is required, it

shall notify the reporting individuals and take immediate action as

necessary to protect and assist them.

4. The Law School will seek consent from reporting individuals prior

to conducting an investigation. Declining to consent to an investigation

shall be honored unless the Law School determines in good faith that

failure to investigate does not adequately mitigate a potential risk of harm

to the reporting individual or other members of the community. Honoring

such a request may limit the Law School’s ability to meaningfully

investigate and pursue conduct action against an accused individual.

Factors used to determine whether to honor such a request include, but are

not limited to:

(a) Whether the accused has a history of violent behavior or is a repeat

offender;

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(b) Whether the incident represents escalation in unlawful conduct on behalf

of the accused from previously noted behavior;

violence;

(d) Whether the accused used a weapon or force;

(e) Whether the reporting individual is a minor; and

(f) Whether the Law School possesses other means to obtain evidence such as

security footage, and whether available information reveals a pattern of

perpetration at a given location or by a particular group.

IX. THE INVESTIGATION AND DISPOSITION OF A COMPLAINT

1. Investigator

Investigations are generally conducted by the Director of Equal Opportunity and Title IX

Coordinator (“Title IX Coordinator” or “investigator”).

2. Consent to Investigate

The Title IX Coordinator will seek consent from a reporting individual prior to

commencing an investigation. Declining to consent will be honored unless the Law

School determines in good faith that the failure to investigate does not adequately

mitigate a potential risk of harm to the reporting individual or other members of the Law

School community. Factors that the Law School may consider in determining whether to

proceed include, but are not limited to whether:

(a) the accused has a history of violent or similar behavior or is a repeat

offender;

(b) the incident is an escalation of previous behavior;

similar misconduct;

(d) a weapon or force was involved in the reported incident;

(e) a minor is involved;

(f) evidence is obtained by other means; and

(g) available information reveals a pattern of perpetration at a given location

by an individual or group.

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3. Notification of an Investigation

The investigator will notify the complainant and respondent that a prompt, thorough, and

impartial investigation of an alleged violation of this Policy has commenced.

Simultaneous notification shall be made by email to the complainant and respondent’s

Law School email accounts.

The Notice shall contain: (1) the date, approximate time, and location of the alleged

policy violation; (2) a description of the factual allegations; and (3) a summary of

potential sanctions associated with the alleged violation.

4. Evidence Gathering

The investigator will interview the parties to the complaint, as well as any witnesses who

have been identified. The investigator will ask the parties and witnesses for any

documentary, electronic, or other evidence related to the complaint that they may want to

offer. The investigator may also independently gather available evidence as part of the

investigation. Prior sexual history with persons other than the charged party in a

disciplinary proceeding is not considered evidence and will be excluded. Also, the

mental health diagnosis and/or treatment of the parties will be excluded from the decision

stage of the disciplinary process that determines responsibility. Past findings of domestic

violence, dating violence, stalking, or sexual abuse may be admissible during the

sanctioning phase.

All individuals who are interviewed shall be advised to maintain the confidentiality of the

investigation process and not to disclose any information related to the complaint unless

necessary during the complaint process. Maintaining confidentiality is important to

preserve the integrity of the investigation, protect student and witness privacy, and deter

retaliation.

5. The Standard Applied to Investigations

The investigator shall determine whether a violation of this policy occurred under the

preponderance of the evidence standard. Under this standard, it must be more likely than

not that a violation of the policy occurred.

6. Interim Measures

The Law School may take appropriate interim measures during the pendency of the

investigation as necessary. Such measures may include separation or mutual “no contact”

orders, housing and work reassignments, academic or work schedule modifications, and

counseling for emotional support. (See Section VI (5) above.)

7. The Disposition of the Complaint

If it is determined that a violation of this policy has occurred, prompt remedial action

shall be taken. If such action involves the imposition of sanctions, the matter shall be

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referred to the appropriate disciplinary process.

Whether or not it is determined that a

violation has occurred, the disposition of the complaint shall be communicated to the

complainant and respondent simultaneously by email to the complainant’s and

respondent’s Law School email account.

If the results of an investigation show that the complainant knowingly filed false

accusations under this policy, or that a witness knowingly gave false statements, such

individuals will be referred to the appropriate disciplinary process for prompt action.

8. Transcript Notation for Conduct that Meets Clery Act Reporting

Requirements

For conduct including, but not limited to sexual violence, that is defined as a crime

meeting the reporting requirements of the federal Clery Act (20 U.S.C. § 1092 (F) (1) (F)

(I)(I) – (VIII)), and that has resulted in a sanction of suspension or expulsion, the Law

School shall make a notation on the transcript of the charged student that the student was

“Suspended after a finding of responsibility for a code of conduct violation,” or “Expelled

after a finding of responsibility for a code of conduct violation.” For a charged student

who withdraws from the Law School while charges are pending and declines to complete

the disciplinary process, the Law School shall make a notation on the student’s transcript

that the student “Withdrew with conduct charges pending.” If a finding of responsibility

is vacated for any reason, the transcript notation shall be removed.

A charged student may seek to remove a transcript notation for a suspension by

submitting a written appeal either as part of the appeal process below, or as a separate

request, provided that such notation shall not be removed prior to one year after the

conclusion of the suspension. If the appeal is initiated as a separate request, such requests

must be made in writing to the Dean. A copy of the request shall be provided to the

complainant, who shall have an opportunity to respond within ten (10) business days of

receipt. The Dean’s decision, which is final, shall be issued simultaneously to the

charged student and the complainant, in writing, within thirty (30) business days of the

date of the request, either by personal delivery, overnight mail with signature, or by

certified mail with return receipt to the address in the Law School’s record, and by email

to the students’ Law School email accounts, unless additional deliberation time is

warranted. Transcript notations for expulsions shall not be removed.

9. Time Frame

In general, the investigation and disciplinary process, if any, will not exceed sixty (60)

days, although the Law School reserves the right to exceed this time frame, with notice to

the parties, in order to conduct a thorough investigation.

10. Appeals

Appeals shall be pursued through the appeal process set forth in the appropriate

disciplinary procedures used to pursue sanctions.

For students, consult Student Disciplinary Procedures located in the Student Handbook. For faculty, consult the

Faculty Regulations, and for staff, consult the Employee Handbook.

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X. RETALIATION

Retaliation is an action taken with the purpose of discouraging an individual from

reporting, filing, or supporting a complaint. Retaliation is unlawful and prohibited by this

Policy. Therefore, the Law School will take every step necessary to protect the parties

and any witnesses against retaliation for filing a complaint under this Policy or for

participating in the investigation of a complaint.

If you believe that you are the subject of retaliation in violation of this Policy because of

making a report or a complaint or assisting in an investigation, you must contact the

Director of Equal Opportunity and Title IX Coordinator promptly for action.

Disciplinary action will be pursued against any employee, faculty member, or student

who retaliates against any individual who complains of, witnesses, or participates in the

investigation of sexual misconduct.

XI. CONSENSUAL RELATIONSHIPS

The Law School strongly discourages romantic or sexual relationships between

employees and supervisors, between junior and senior faculty members, between faculty

members and students, between administrators/staff and students, and between students

who supervise other students such as on Moot Court and Journals. Even when both

parties have consented, the relationship can give rise to problems that compromise the

professional integrity of faculty, staff, and students, and may generate charges of unfair

treatment or sexual harassment. Even when the parties believe that the relationship is

consensual, such consent is unclear especially in situations where one individual has

greater power or authority over the other or within the Law School.

If you are engaged in a romantic or sexual relationship with someone whom you instruct,

supervise, evaluate, or advise, it is your professional responsibility to disclose the

relationship to the appropriate person and discontinue the relationship of authority.

The

discontinuation may require changing work or class schedules. Information disclosed in

these discussions shall be treated as confidential unless such information violates this

Policy or another School policy. In such cases, disclosure to others shall be made only on

a need-to-know basis. Failure to disclose will be considered a violation of this Policy and

may result in disciplinary action.

In the event you are the subject of a legal complaint of sexual misconduct, and the facts

show that you were engaged in a romantic or sexual relationship with someone whom

you instructed, supervised, evaluate, or advised, the Law School, under its

indemnification policy, may decline to assist you in your legal defense against the

allegation(s), and you, not the Law School, will bear all litigation costs or fees associated

with your legal defense. Furthermore, if you are found liable for damages, the Law

School may decline to cover your loss.

Senior administrators should disclose to the President and Dean; faculty should disclose to the Vice Dean; staff

should disclose to Human Resources; and students and student leaders should disclose to the Dean of Students. All

constituencies may also disclose to the Director of Equal Opportunity and Title IX Coordinator, who will follow up

with the appropriate person.

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XII. TRAINING

New York State and New York City laws require all employees (faculty, administrators,

and staff) to complete annual sexual misconduct training, which is delivered online.

Incoming students (first-year and transfer) and student leaders are required by New York

State law to complete sexual misconduct training, which is delivered live. Failure to

complete mandatory training will result in consequences as noted in the annual training

notifications. For employees, such consequences may include the loss of

indemnification. For students, consequences may include not being assigned an exam

number.

XIII. RECORD KEEPING

For complaints/reports involving students: All documentation, whether in paper,

electronic, or in other forms of media, related to a complaint, investigation, and resolution

involving a student is protected by Family Educational Rights and Privacy Act of 1974

(“FERPA”) (20 U.S.C. § 1232g; 34 CFR Part 99) and is not available to the public. Such

information may only be disclosed upon the student’s written consent; as compelled by a

court or law enforcement or other government agency; or under Section 99.31 (a) (13) of

FERPA, which permits disclosure to the victim of an alleged perpetrator of a crime of

violence or a non-forcible sex offense. Such disclosure may only include the final

disposition of the disciplinary proceeding conducted by the Law School with respect to

the alleged crime or offense. The final disposition may be disclosed regardless of

whether the Law School concluded that a violation was committed. For more

information on the Law School’s FERPA Policy, please refer to the Brooklyn Law

School Policy Page at www.brooklaw.edu/policies; or the BLS Connect Policy Page at

https://blsconnect.brooklaw.edu/administrative/policies/Pages.

Non-identifying information may be shared with the Director of Public Safety in order to

comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime

Statistics Act. A complainant’s name will never be published, nor does the Law School

house identifiable information regarding victims in the Daily Crime Log or online.

For complaints/reports involving employees/third-party: All documentation, whether in

paper, electronic, or in other forms of media, related to an employee or third-party’s

complaint, investigation, and resolution will not be made available to the public unless

compelled by a court or a law enforcement or other government agency, or otherwise

permissible under applicable privacy laws.

Student and employee complainants may request that directory information be removed

from the Law School’s public sources by contacting the following individuals:

For Students - The Registrar and FERPA Officer, Brooklyn Law School

250 Joralemon Street, 9

Floor Brooklyn, New York 11201

[email protected].

For Employees - Human Resources, Brooklyn Law School

250 Joralemon Street, Room 810A, Brooklyn, New York 11201

human.resources@brooklaw.edu.

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Directory information for students includes, but is not limited to: name; address; email

address; photograph; major field and enrollment status. Directory information for an

employee may include name; department; office telephone number; and photograph.

All documentation related to a sexual misconduct report or complaint shall be retained in

a secure and confidential manner for six (6) years plus the current year after the employee

or student separates from the Law School, unless the documents must be preserved

beyond the retention period for litigation purposes. All documentation related to a

disciplinary action resulting in the imposition of disciplinary sanctions shall become part

of the respondent student’s permanent education record and the respondent employee’s

personnel record. For students, disciplinary charges and the disposition of those charges

shall be reported on bar admission applications that request such information. For

employees, disciplinary dispositions may be reported to potential employers who request

such information during background checks, such as in law enforcement.

XIV. REPORTING SEXUAL MISCONDUCT AS A CRIME

1. Law School’s Assistance

If requested, the Director of Equal Opportunity and Title IX Coordinator will assist

complainants in:

1. Filing a criminal complaint against the accused;

2. Ensuring access to a sexual assault forensic examination;

3. Obtaining an Order of Protection from Family Court or Criminal Court, or if the

accused resides outside of New York State, the equivalent of a protective or

restraining order; and

4. Contacting and assisting local law enforcement when an Order of Protection is

violated.

The Law School must report all violent felonies or missing person situations involving

students who reside in Law School-owned or operated housing to local law enforcement

within twenty-four (24) hours of the incident. Sexual assaults involving a complainant

who resides in Law School-owned or operated housing must be reported to local law

enforcement unless the complainant objects. All other students who do not reside in Law

School-owned or operated housing and staff who are subjected to sexual misconduct, are

encouraged to report potential crimes of sexual misconduct (either by a known person or

a stranger) to the New York City Police Department and/or the New York State Police,

and/or the Law School’s Director of Campus Safety and/or the Director of Equal

Opportunity and Title IX Coordinator.

Criminal and Law School investigations are separate and may be conducted

simultaneously. (Please refer to Appendix B on the distinctions between the criminal and

Law School processes). The Law School will not wait for the completion of a criminal

investigation in order to respond, although short delays may be allowed for law

enforcement agencies to conduct their investigation.

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2. A Victim’s Rights Under New York State Penal Law

In New York, victims of sexual assault, domestic violence, dating violence, or stalking

have the following rights under the McKinney’s Executive Law; Article 23, Fair

Treatment Standards for Crime Victims § 640 – Fair Treatment Standards for

Crime Victims to:

1. Ensure that crime victims routinely receive emergency social and medical services

as soon as possible and are given information pursuant to section six hundred

twenty-five-a of this chapter on the following:

(a) availability of crime victim compensation;

(b) availability of appropriate public or private programs that provide

counseling, treatment or support for crime victims, including but not

limited to the following: rape crisis centers, victim/witness assistance

programs, elderly victim services, victim assistance hotlines and domestic

violence shelters;

can expect from the system as well as what the system expects from them;

and

(d) stages in the criminal justice process of significance to a crime victim, and

the way information about such stages can be obtained.;

2. Ensure routine notification of a victim or witness as to steps that law enforcement

officers or district attorneys can take to protect victims and witnesses from

intimidation; and

3. Ensure notification of victims, witnesses, relatives of those victims and witnesses

who are minors, and relatives of homicide victims, if such persons provide the

appropriate official with a current address and telephone number, either by phone

or by mail, if possible, of judicial proceedings relating to their case, including:

(a) the arrest of an accused;

(b) the initial appearance of an accused before a judicial officer;

(d) proceedings in the prosecution of the accused including entry of a plea of

guilty, trial, sentencing, pre-sentencing specific information regarding the

right to seek restitution and reparation, and where a term of imprisonment

is imposed, specific information shall be provided regarding maximum

and minimum terms of such imprisonment.

3. Orders of Protection and the New York State Family Protection Registry

1. Orders of Protection

In New York State, legal orders of protection can be issued by Criminal Court, Family

Court and Supreme Court. Provisions that might be contained in an order of protection

include: (1) directing the abuser to stop the abusive behavior toward the victim, the

victim’s children, and others; (2) directing the abuser to cease contact (phone calls, e-

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mail, letters, etc.) with the victim; (3) limiting where an abuser can go (such as near a

school).; and (4) directing the abuser to stop disseminating or publishing intimate images.

Family Court can issue orders of protection that can be in effect for a maximum of two

(2) years or, with aggravating circumstances, for a maximum of five (5) years. Violation

of a valid order of protection constitutes an aggravating circumstance. Criminal Court

orders of protection vary according to the severity and type of the offense: two (2) years

for violations; five (5) years for misdemeanors; eight (8) years for felonies; and six (6)

years for misdemeanor sex crimes; and ten (10) years for felony sex crimes. Orders of

protection are valid in every county in New York State and are honored in every State

throughout the country through the Full Faith and Credit Clause of the U.S. Constitution.

The Director of Equal Opportunity and Title IX Coordinator will assist complainants in

obtaining an Order of Protection.

2. New York State Family Protection Registry

The New York State Family Protection Registry was created as part of the Family

Protection and Domestic Violence Intervention Act of 1994. The Registry, which

became operational in October 1995, is the repository for orders of protection issued

pursuant to articles four, five, six and eight of the Family Court Act; Section 530.12 of

the Criminal Procedure Law, Sections 240 and 252 of the Domestic Relations Law; and

all arrest warrants issued pursuant to Section 827 of the Family Court Act and Article 120

of the Criminal Procedure Law. The Registry was developed by the NYS Unified Court

System in collaboration with the New York State Police, and links to the New York

Statewide Police Information Network (NYSPIN). The Registry is a historical record;

orders of protection remain in the database even after they expire. The Registry is helpful

in locating outstanding or expired orders of protection against a person who may pose a

threat of sexual misconduct, domestic violence, dating violence, and/or stalking.

XV. RISK REDUCTION

The following strategies can be used to reduce one’s risk of being subjected to sexual

misconduct. Information is also available at the website of the Rape, Abuse, & Incest

National Network, www.rainn.org:

1. Be aware of your surroundings. Knowing where you are and who is around you

may help you to find a way to get out of a bad situation.

2. Avoid isolated areas. It is more difficult to get help if no one is around.

3. Walk with purpose. Even if you don’t know where you are going, act like you

do.

4. Trust your instincts. If a situation or location feels unsafe or uncomfortable,

leave.

5. Try not to load yourself down with packages or bags as this can make you

appear more vulnerable.

6. Make sure your cell phone is with you and charged, and that you have cab

money.

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7. Don’t allow yourself to be isolated with someone you do not trust or do not

know.

8. Avoid putting music headphones in both ears so that you can be more aware of

your surroundings, especially if you are walking alone.

9. When you go to a social gathering, go with a group of friends. Arrive

together, check in with each other throughout the evening, and leave together.

Knowing where you are and who is around you may help you to find a way out of

a bad situation.

10. Trust your instincts. If you feel unsafe in any situation, go with your gut. If you

see something suspicious, contact law enforcement immediately (local authorities

can be reached by calling 911 in most areas of the U.S.).

11. Don’t leave your drink unattended while talking, dancing, using the restroom,

or making a phone call. If you’ve left your drink alone, get a new one.

12. Don’t accept drinks from people you don’t know or trust. If you choose to

accept a drink, go with the person to the bar to order it, watch it being poured, and

carry it yourself. At parties, don’t drink from the punch bowls or other large,

common open containers.

13. Watch out for your friends, and vice versa. If a friend seems out of it, too

intoxicated for the alcohol they consumed, or is acting out of character, get your

friend to a safe place immediately.

14. If you suspect you or a friend have been drugged, contact law enforcement

immediately (local authorities can be reached by calling 911 in most areas of

the U.S.). Be explicit with doctors so they can give you the correct tests (you will

need a urine and possibly other tests).

15. If you need to get out of an uncomfortable or scary situation here are some

tips:

a. Remember that being in this situation is not your fault. You did not do

anything wrong, it is the person who is making you uncomfortable that is

to blame.

b. Be true to yourself. Don’t feel obligated to do anything you don’t want to

do. “I don’t want to” is always a good enough reason. Do what feels right

to you and what you are comfortable with.

c. Have a code word with your friends or family so that if you don’t feel

comfortable, you can call them and communicate your discomfort without

alerting the person you are with. Your friends or family can then pick you

up or make up an excuse for you to leave.

d. Lie. If you don’t want to hurt the person’s feelings it is better to lie and

make up a reason to leave rather than to stay and be uncomfortable, scared,

or worse. Some excuses you could use include needing to take care of a

friend or family member, not feeling well, having somewhere else that you

need to be, etc.

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16. Try to think of an escape route. How would you try to get out of the room?

Where are the doors? Windows? Are there people around who might be able to

help you? Is there an emergency phone nearby?

17. If you and/or the other person have been drinking, you can say that you would

rather wait until you both have your full judgment before doing anything you may

regret later.

XVI. RESOURCES

A. SAFE Centers of Excellence

Sexual Assault Forensic Examiner (SAFE) services are considered the most victim-

centered approach to acute health care for sexual assault patients. The New York State

Department of Health certifies Emergency Departments as SAFE Centers of Excellence.

SAFE Centers provide sexual assault patients with:

1) Sensitive, victim-centered, medical and forensic health care performed by

a specially trained Sexual Assault Forensic Examiner (SAFE) – a SAFE is

a healthcare provider such as a doctor, nurse, physician’s assistant or nurse

practitioner;

2) Care that is timely, compassionate, and patient-centered, in a designated

and appropriately equipped private room;

3) Assurance about the quality of collection, documentation, preservation and

custody of physical evidence by utilizing a trained and New York State

Department of Health-certified sexual assault forensic examiner to

perform exams. These examiners are available to provide expert

testimony if patients choose to report crimes to law enforcement;

4) Psycho-social and legal support by a specially trained Rape Crisis

Advocate or Counselor; and

5) Reliable referrals to mental and physical health care and follow-up

services.

Hospitals and Organizations in NYC with SAFE Centers:

Brooklyn

● Kings County Hospital Center

451 Clarkson Ave, Brooklyn, NY 11203

● Woodhull Medical and Mental Health Center (HHC)

760 Broadway, Brooklyn, NY 11203

● Wyckoff Heights Medical Center

374 Stockholm Street, Brooklyn, NY 11237

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● Safe Horizon Counseling Center

50 Court Street, Brooklyn, NY 11201

Need to call 347-328-8110 to make appointments, no walk-in’s

Manhattan

● Lenox Health Greenwich Village

30 7

Ave, New York, NY 10011

● Metropolitan Health Center

1901 1

Ave, New York, NY 10029

● Mount Sinai Beth Israel

281 1st Ave, New York, NY 10003

● NYC Family Justice Center, Manhattan

80 Centre Street, 5th Floor, New York, NY 10013

● New York Presbyterian/Columbia University Medical Center

622 W 168th Street, New York, NY 10032

● New York Presbyterian/Weill Cornell Medical Center

525 E 68th Street, New York, NY 10065

Bronx

● Bronx Family Justice Center

198 East 161st Stret, 2nd Floor, Bronx, NY 10451

● North Central Bronx Hospital

3424 Kossuth Ave, Bronx, NY 10467

● Safe Horizon – Bronx Community Program Office

384 East 149th Street, 6th Floor, Bronx, NY 10451

Queens

● Elmhurst Hospital Center

79-01 Broadway, Queens, NY 11373

● NYC Family Justice Center, Queens

126-02 82nd Ave, Kew Gardens, NY 11415

● Mount Sinai Hospital of Queens, Sexual Assault and Violence Intervention

Program

25-10 30th Ave, Long Island City, NY 11102

● Queens District Attorney’s Crime Victims Advocate Program

125-01 Queens Blvd., Kew Gardens, NY 11415

● Queens Hospital Center (HHC)

82-68 164th Street, Jamaica, NY 11432

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● Safe Horizon – Queens Community Program office

63-49 Alderton Street, 2nd Floor, Rego Park, NY 11374

Staten Island

● Richmond University Medical Center

355 Bard Ave., Staten Island, NY 10310

● Safe Horizon – Staten Island Community Program Office

30 Bay Street, 5th Floor, Staten Island, NY 10301

● Staten Island District Attorney’s Crime Victim and Witness Assistance

Program

130 Stuyvesant Place, 7th Floor, Staten Island, NY 10301

● Staten Island Family Justice Center

126 Stuyvesant Place, Staten Island, NY 10301

For free, confidential help 24/7, contact the National Sexual Assault Hotlines

800.656.HOPE (4673) or online.rainn.org.

B. On-Campus Resources

RESOURCE

ADDRESS

PHONE NUMBER

Director of Equal

Opportunity and Title IX

Coordinator

250 Joralemon Street

718-780-0377;

347-821-8904 (after

business hours)

Director of Campus

Safety

250 Joralemon Street,

Room 901A

718-780-7506

Dean of Students

250 Joralemon Street,

Deans’ Suite, 9

Floor

718-780-0679

Human Resources

250 Joralemon Street,

Room 810A

718-780-0656

In addition, all Brooklyn Law School students have access to Timely Care. Timely Care provides

unlimited, 24/7 on-demand urgent care for both physical and mental health issues. Students also

have access to 12 free scheduled counseling appointments each year. These services are

confidential. Students can download the app here: https://app.timelycare.com/auth/login.

C. Off-Campus Resources

For a list of off-campus resources, please refer to the New York City Alliance

Against Sexual Assault’s Resource Guide: https://svfreenyc.org/resource-guide/.

D. Legal Assistance

National Crime Victims Bar Association

202-467-8716

NYS Office of Victim Services

800-247-8035

LawHelp.org

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Connect, Inc. (provides legal information for

domestic violence survivors

212-683-0605

Confidential Record Keeping

Student and employee complainants may request that directory information on file

be removed from the Law School’s public sources by contacting the following

individuals:

For Students - Registrar and FERPA Officer, at Brooklyn Law School,

250 Joralemon Street, 9

floor, Brooklyn, New York

11201, [email protected]

For Employees - Human Resources

250 Joralemon Street, Room 810A, Brooklyn, New York

11201, [email protected].

E. External Remedies

Sexual misconduct is not only prohibited by Brooklyn Law School, is prohibited by state,

federal, and, where applicable, local law. Aside from the internal process set forth herein,

individuals may also choose to pursue legal remedies with the following governmental

entities at any time:

U.S. Department of Education

Office for Civil Rights

Lyndon Baines Johnson Department of Education Building

400 Maryland Avenue, SW

Washington, DC 20202-1100

Telephone: 800-421-3481

FAX: 202-453-6012; TDD: 800-877-8339

Email: [email protected].

U.S. Department of Education

Office for Civil Rights

32 Old Slip, 26th Floor

New York, NY 10005-2500

Telephone: (646) 428-3800

Facsimile: (646) 428-3843

Email: [email protected]

New York City Sexual Harassment Unit

The New York City Commission on Human Rights has established a unit to focus solely

on claims of sexual harassment in workplaces located in the five (5) boroughs. The New

York City Human Rights Law (NYCHPL) on sexual harassment protects employees, paid

or unpaid interns and non-employees regardless of immigration status. A complaint

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alleging violation of the Human Rights Law may be filed with the Sexual Harassment

Unit or in New York State Supreme Court.

Complaints with the Sexual Harassment Unit may be filed any time within three (3) years

of the harassment. If an individual did not file with the Sexual Harassment Unit, they can

sue directly in state court under the NYCHRL within three (3) years of the alleged

discrimination. An individual may not file with the Sexual Harassment Unit if a

complaint was filed in state court.

Filing a complaining with the Law School does not extend your time to file with the

Sexual Harassment Unit or in court. The three years is counted from date of the most

recent incident of the alleged harassment.

Individuals do not need an attorney to file a complaint with the Sexual Harassment Unit

and there is no cost to file such a complaint.

The Sexual Harassment Unit will investigate your complaint and determine whether there

is probable cause to believe that discrimination has occurred. Probable cause cases are

forwarded to a public hearing before an administrative law judge. If discrimination is

found after a hearing, the NYCCHP has the power to award relief, which varies but may

include requiring your employer to take action to stop the harassment and/or redress the

damages, which may include monetary payments, punitive damages, attorney’s fees, and

civil fines. The Commission’s main office is located at: 100 Gold Street, Suite 4600,

New York, New York 10038, (212) 306-7560, https://www.nyconnects.ny.gov/Pages/#.

New York State Division of Human Rights (DHR)

The New York State Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15,

§ 290 et seq., applies to employers in New York State regarding sexual harassment, and

protects employees, paid or unpaid interns and non-employees regardless of immigration

status. A complaint alleging violation of the Human Rights Law may be filed either with

DHR or in New York State Supreme Court.

Complaints with DHR may be filed any time within three (3) years of the harassment. If

an individual did not file at DHR, they can sue directly in state court under the HRL,

within three years of the alleged discrimination. An individual may not file with DHR if

they have already filed an HRL complaint in state court.

Complaining internally to the Law School does not extend your time to file with DHR or

in court. The three years is counted from date of the most recent incident of the alleged

harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file

with DHR.

DHR will investigate your complaint and determine whether there is probable cause to

believe that discrimination has occurred. Probable cause cases are forwarded to a public

hearing before an administrative law judge. If discrimination is found after a hearing,

DHR has the power to award relief, which varies but may include requiring your

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employer to take action to stop the harassment and/or redress the damages, which may

include monetary payments, punitive damages, attorney’s fees, and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One

Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400,

www.dhr.ny.gov. You may also visit dhr.ny.gov/complaint to download a complaint

form that can be completed, notarized, and mailed to DHR. The website also contains

contact information for DHR’s regional offices across New York State.

United States Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964

federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.) regarding employees. An

individual can file a complaint with the EEOC anytime within 180 days from the date of

the most recent incident of alleged harassment. The time limit extends to 300 days if the

complaint is also covered by state and local laws. There is no cost to file a complaint

with the EEOC. The EEOC will investigate the complaint and determine whether there is

reasonable cause to believe that discrimination has occurred, at which point the EEOC

will issue a Right to Sue letter permitting the individual to file a complaint in federal

court.

The EEOC does not hold hearings or award relief, but may take other action including

pursuing cases in federal court on behalf of complaining parties. Federal courts may

award remedies if discrimination is found to have occurred.

If an employee believes that he/she has been discriminated against at work, he/she can

file a “Charge of Discrimination.” The EEOC has district, area, and field offices where

complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820

(TTY)), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with DHR, DHR will file the complaint

with the EEOC to preserve the right to proceed in federal court.

Local Protections

Many localities enforce laws protecting individuals from sexual harassment and

discrimination. An individual should contact the county, city or town in which they live

to find out more about those laws.

XVII. DISCLAIMER

This Policy does not form an agreement of any kind. It was created to provide

information to the Brooklyn Law School community and may be altered, modified, or

rescinded at the discretion of Brooklyn Law within the applicable law.

Submission of Certificates of Compliance, Rules and Policies, and Aggregate Data to

NYS Department of Education under Education Law 129-B

The Law School is required to file an annual certificate of compliance with the

provisions of NYS Education Law 129-A and 129-B with the New York State Education

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Department (NYSED). Additionally, by July 1, 2016, and every ten years thereafter, and

in 2024 coinciding with the filing required under NY Education Law 129-A, the Law

School is required to file a copy of all written rules and policies it has adopted in

accordance with 129-B.

The Law School is also required to annually report aggregate data to NYSED regarding

reports of domestic violence, dating violence, sexual assault, and stalking, consistent with

the requirements of 129-B, applicable regulations, and NYSED guidance, It is the

responsibility of the Registrar to report such information.

Student Onboarding and Ongoing Education under 129-B

The Law School has adopted a comprehensive student onboarding and ongoing education

campaign to educate members of the institution’s community about domestic violence,

dating violence, stalking, and sexual assault, in compliance with applicable federal laws,

including the Clery Act as amended by the Violence Against Women Act reauthorization

of 2013, 20 U.S.C. 1092(f).

All new first-year and transfer students shall, during the course of their onboarding to the

Law School, receive training on the following topics, using a method and manner

appropriate to the Law School:

a. The institution prohibits sexual and interpersonal violence and will offer resources to

any victims and survivors of such violence while taking administrative and conduct

action regarding any accused individual within the jurisdiction of the institution;

b. Relevant definitions including, but not limited to, the definitions of sexual assault,

domestic violence, dating violence, stalking, confidentiality, privacy, and consent;

c. Policies apply equally to all students regardless of sexual orientation, gender identity,

or gender expression;

d. The role of the Title IX Coordinator, campus security, and other relevant offices that

address domestic violence, dating violence, stalking, and sexual assault prevention and

response;

e. Awareness of violence, its impact on victims and survivors and their friends and

family, and its long-term impact;

f. Bystander intervention and the importance of taking action to prevent violence when

one can safely do so;

g. Risk assessment and reduction including, but not limited to, steps that potential

victims, perpetrators, and bystanders can take to lower the incidence of violations, which

may contain information about the dangers of drug and alcohol use, including underage

drinking and binge drinking, involuntary consumption of incapacitating drugs and the

danger of mislabeled drugs and alcohol, the importance of communication with trusted

friends and family whether on campus or off campus, and the availability of institution

officials who can answer general or specific questions about risk reduction; and

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h. Consequences and sanctions for individuals who commit these crimes and code of

conduct violations.

3. The Law School will train all new students, whether first-year or transfer,

undergraduate, graduate, or professional, and use multiple methods to educate students

about violence prevention and shall share information on domestic violence, dating

violence, stalking and sexual assault prevention with parents of enrolling students.

5. The Law School will offer to all students general and specific training in domestic

violence, dating violence, stalking and sexual assault prevention and conduct a campaign

that complies with the Violence Against Women Act, 20 U.S.C. 1092(f), to educate the

student population. As appropriate, the Law School will provide or expand specific

training to include groups such as international students, students that are also employees,

leaders and officers of registered or recognized student organizations, and online and

distance education students. The Law School will also provide specific training to

members of groups that the institution identifies as high-risk populations.

6. Each student leader and officer of student organizations recognized by or registered

with the Law School, as well as those seeking recognition by the Law School, are

required to complete training on domestic violence, dating violence, stalking, or sexual

assault prevention prior to receiving recognition or registration.

The Law School also regularly assesses programs and policies established pursuant to

129-B to determine effectiveness and relevance for students.

Campus Climate Assessments under 129-B

Consistent with 129-B requirements, the Law School conducts, no less than every other

year, a campus climate assessment to ascertain general awareness and knowledge of the

provisions of 129-B, including student experience with and knowledge of reporting and

college adjudicatory processes, which shall be developed using standard and commonly

recognized research methods.

2. The assessment includes questions covering, but not be limited to, the following:

a. the Title IX Coordinator’s role;

b. campus policies and procedures addressing sexual assault;

c. how and where to report domestic violence, dating violence, stalking or sexual assault

as a victim, survivor or witness;

d. the availability of resources on and off campus, such as counseling, health and

academic assistance;

e. the prevalence of victimization and perpetration of domestic violence, dating violence,

stalking, or sexual assault on and off campus during a set time period;

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f. bystander attitudes and behavior;

g. whether reporting individuals disclosed to the institution and/or law enforcement,

experiences with reporting and institution processes, and reasons why they did or did not

report;

h. the general awareness of the difference, if any, between the institution’s policies and

the penal law; and

i. general awareness of the definition of affirmative consent.

The Law School will take steps to ensure that answers to such assessments remain

anonymous and that no individual is identified, and will publish results of the surveys on

the Law School website, provided that no personally identifiable information or

information which can reasonably lead a reader to identify an individual shall be shared.

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APPENDIX A

STUDENTS’ BILL OF RIGHTS All students have the right to:

1. Make a report to local law enforcement and/or state police;

2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault,

treated seriously;

3. 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 institution;

4. Participate in a process that is fair, impartial and provides adequate notice and a

meaningful opportunity to be heard;

5. Be treated with dignity and to receive from the institution courteous, fair, and

respectful health care and counseling services where available;

6. 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;

7. Describe the incident to as few institution representatives as practicable and not be

required to unnecessarily repeat a description of the incident;

8. Be protected from retaliation by the institution, any student, the accused and/or the

respondent, and/or their friends, family and acquaintances within the jurisdiction of the

institution;

9. Access to at least one level of appeal of a determination;

10. 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;

11. Exercise civil rights and practice of religion without interference by the investigative,

criminal justice, or judicial or conduct process of the institution.

12. To pursue an Order of Protection with the Law School’s assistance;

13. To be informed of the protocols for confidential reporting;

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14. To report experiences of sexual misconduct to which they were subjected while under the

influence of alcohol or drugs, without being subject to discipline;

15. To obtain interim measures pending investigation and disciplinary proceedings such as no-

contact orders and academic or living adjustments;

The Law School will provide students with the option to:

(aa) notify proper law enforcement authorities, including local police;

(bb) be assisted by campus authorities in notifying law enforcement authorities if the

victim so chooses; and

(cc) decline to notify such authorities.

The Brooklyn Law School Sexual Misconduct Policy and BLS Complaint Form for Sexual

Misconduct and Discrimination are available on the Brooklyn Law School Policy Page at

https://www.brooklaw.edu/Policies and the BLS Connect Policy Page at

https://blsconnect.brooklaw.edu/administrative/policies/Pages. A report can be filed with the

Title IX Coordinator below.

Questions regarding the Sexual Misconduct Policy and this Notice of Rights should be directed

to:

Louise Cohen, Director of Equal Opportunity and Title IX Coordinator

250 Joralemon Street

Brooklyn, New York 11201

Office: (718) 780-0377 After Business Hours: (347) 821-8904

[email protected]

The advisor’s role is not to act as a representative of or speak on behalf of the complainant or respondent, or take

action that interferes with the integrity of the investigation and the disciplinary process.

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APPENDIX B

An Explanation of Distinctions Between the Processes Under New York State Penal Law and the

Brooklyn Law School Sexual Misconduct Policy

Criminal Justice System

Brooklyn Law School Sexual Misconduct Policy

Goals

Public safety; deterrence; and

punishment.

Education; safety; prevention, redress, supportive

campus environment.

Governing Law,

New York State Penal Code; New

York State Rules of Criminal

Procedure (or another state’s rules if

the crime took place there), Federal

Criminal Law, and Rules of Evidence.

Title IX; The Clery Act as amended by the Violence

Against Women Act; NYS Education Law Sections

129-A and 129-B and BLS policies, including the

Sexual Misconduct and Anti-Harassment and

Discrimination Policies which trigger an investigation.

How to report and

whether there must

be action once a

report is made.

Crimes involving sexual misconduct

may be reported to campus police (if

the campus has police officers), the

local police agency, or to the New

York State Police. Certain crimes may

also be reported to federal law

enforcement agents. Once a report is

made, the decision whether to

investigate is made by the police/law

enforcement agency, often in

consultation with a District Attorney

or other prosecuting agency. An

investigation may be conducted

without the consent or participation of

a reporting individual. The ultimate

decision of whether to initiate a

criminal prosecution is initially made

by a prosecutor. In cases involving

felony charges, the final charging

decision is made by a Grand Jury.

Victims may disclose sexual misconduct to

“responsible employees” which will trigger an

investigation. Every effort will be made to ensure

privacy to the extent consistent with the institution’s

obligation to provide a safe educational environment.

Disclosures made to confidential resources, such as

clergy or a mental health professional, will not trigger

an investigation. When a report is made to the Title IX

Coordinator, the Coordinator will determine whether

an investigation is necessary by weighing a request for

confidentiality by the reporting individual against the

continuing safety of that person and the safety and best

interests of the campus community.

Who investigates?

Police or other law enforcement

officials.

The Title IX Coordinator.

Procedures

See Governing Law. Procedures

established by police departments,

prosecutors’ offices, etc.

The procedures are established by the Brooklyn Law

School Sexual Misconduct Policy.

Standard of

Evidence

Crimes must be proven “Beyond a

Reasonable Doubt”

A violation of disciplinary rules must be found by a

“Preponderance of the Evidence” (more likely than

not)

Confidentiality

Law enforcement agencies offer some

confidential assistance, but a criminal

charge and trial must be public.

Confidential resources are available off-campus, such

as clergy and mental health professionals, but a

disciplinary proceeding requires that relevant

information be shared with those involved.

Privacy

Criminal trials must be public.

Disciplinary proceedings are kept as private as

possible, but information must be shared with certain

individuals within the Law School, the parties, and

pursuant to law.

Who are the

parties?

The prosecution and defendant. The

victim/survivor is not a party, but

often the critical witness for the

prosecution.

The institution and the respondent can be the parties.

Otherwise, the reporting individual and

accused/respondent are the parties.

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Participation in the

process

In limited circumstances, a

criminal prosecution can

proceed without the

participation or cooperation of

the reporting individual, but

without a reporting individual’s

participation, it is generally

more difficult to prove a crime

beyond a reasonable doubt.

Reporting students cannot be required to

participate in the investigative and

disciplinary process. However, the Law

School will be limited in its ability to respond

if a reporting individual does not participate.

Who initiates the

proceedings?

A prosecutor, acting on behalf of the

state (or the United States in federal

cases).

The Law School initiates proceedings.

Testimony

In a court, testimony is generally

public. Other parties are, through

counsel, entitled to cross- examine

witnesses.

The rules are established by the Law School. The Law

School may provide alternative approaches that permit

complainants to testify without having other parties in

the room and/or to ask cross-examination questions

only through the disciplinary panel or investigator.

Role of attorneys

Both the state and the defendant are

represented by counsel; counsel may

question witnesses.

The attorney's role is limited to quietly speaking with

their clients, passing notes, or conferring privately.

Mental Health and

Sexual History

In New York, a reporting individual’s

prior sexual and mental health history

is generally, but not always,

inadmissible in a criminal case. There

are limited circumstances under which

directly relevant evidence of that kind

may be admitted.

Generally, not admissible, but Education Law 129-b

permits parties to exclude information about their prior

sexual history with persons other than the other party

and to exclude evidence of their own mental health

history in the fact-finding phase of the disciplinary

process.

Possible Results

If a prosecution takes place, the

defendant may

• plead guilty or “no contest”

• have the case dismissed by the

judge (on legal grounds)

• be found “guilty” or “not guilty”

by a judge or jury

In cases that do not involve sexual assault, the Law

School permits mediation or similar procedures if

parties agree.

If there is a formal proceeding, the respondent may be

found to have violated the Law School’s rules or

policies. Respondents may also accept responsibility

for violating a rule or policy before a finding by an

adjudicator.

Sanctions

An individual found guilty may be

fined, given probation, and/or

imprisoned. In some courts,

alternative sanctions are sometimes

used.

An individual found to have violated Law School

policy may be given a range of sanctions (depending

on the severity of the conduct and other factors, such as

prior judicial history), ranging from a warning to

suspension or expulsion from the Law School.