Fillable SEXUAL MISCONDUCT REPORT FORM (ASA College)

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SEXUAL MISCONDUCT REPORT FORM (ASA College)

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SEXUAL MISCONDUCT REPORT FORM

COMPLAINANT’S INFORMATION (if different from reporter)

Complainant’s Name: Complainant’s Affiliation to ASA College

(Student, Faculty, Staff, Unaffiliated):

Is Complainant Safe? Were Any Emergency Services Used? (If yes, List)

Complainant’s Contact Information (if available)

Telephone: E-mail:

Brief Description of Incident (Nature of misconduct, context or circumstances, such as spring break trip, on campus event, off campus party, etc.):

Other Individuals Present or Involved

(List names and affiliation to ASA College - Student, Faculty, Staff, Unaffiliated):

REPORTER’S INFORMATION (required):

OFFENDER’S INFORMATION

Offender(s) Name (if known): Offender(s) Affiliation to ASA College

(Student, Faculty, Staff, Unaffiliated):

Reporter’s Name: Date of Report:

Reporter’s Affiliation to ASA College Reporter’s Contact Information:

(Student, Faculty, Staff, Unaffiliated): Telephone

E-mail

INCIDENT INFORMATION

Date and Time of Incident: Location of Incident

DOWNTOWN BROOKLYN

151 Lawrence Street

Brooklyn, NY 11201

Tel: 718 - 522-9073

NORTH MIAMI BEACH

3909 N.E. 163rd Street

North Miami Beach, FL 33160

Tel: 786-279-1740

DANIA BEACH

225 E Dania Beach Blvd, Suite 120

Dania Beach, FL 33004

Tel: 786-279-1740

HIALEAH

530 West 49th Street

Hialeah, FL 33012

Tel: 786-279-2643

MIDTOWN MANHATTAN

1293 Broadway/One Herald Center

New York, NY 10001

Tel: 212-672-6450

Page 1 of 4

What is Sexual Misconduct?

Who is required to report Sexual Misconduct?

Are there College employees who may keep reports of Sexual Misconduct confidential?

DOWNTOWN BROOKLYN

151 Lawrence Street

Brooklyn, NY 11201

Tel: 718 - 522-9073

NORTH MIAMI BEACH

3909 N.E. 163rd Street

North Miami Beach, FL 33160

Tel: 786-279-1740

DANIA BEACH

225 E Dania Beach Blvd, Suite 120

Dania Beach, FL 33004

Tel: 786-279-1740

HIALEAH

530 West 49th Street

Hialeah, FL 33012

Tel: 786-279-2643

MIDTOWN MANHATTAN

1293 Broadway/One Herald Center

New York, NY 10001

Tel: 212-672-6450

Page 2 of 4

Sexual Misconduct includes: Rape, Sexual Assault, Sexual Coercion, Sexual Harassment, Domestic and Dating Violence,

Stalking, and all other forms of Sexual Violence.

Any ASA College employee, whether faculty, or staff, who receives a complaint or otherwise learns about a possible incident

of Sexual Misconduct involving a member of the ASA College community as Complainant or alleged perpetrator must

complete this report form. You may also use this form to report an incident of Sexual Misconduct if you are the

Complainant/Reporting Individual or if you are not an ASA College employee.

ASA College does not have a health or counseling center or a chapel or ministry. Because of the unavailability of these

resources, confidential havens do not exist on ASA College campuses and as a result does not accommodate request for Confi-

dentiality. Students and staff who may want to talk to someone about something they have observed or experienced, even if

she/he is not sure that behavior constitutes Sexual Violence are urged to contact the Confidential Hotline at CAMBA, 800-310-

244 or Wyckoff Heights Medical Center, 718-906-3846/3857. Students and staff who do not wish to disclose to ASA College

a complaint of Sexual Misconduct may seek assistance with confidential health, rape crisis services, police and court advocacy

services, mental health counseling, victim/survivors benefit services; information and referral services related to assistance in

filing Crime Victims compensation with the NYS Office of Victim Services from these external resources. ASA College has

MOU agreements with these agencies.

What if a complainant requests confidentiality?

Even if a complainant requests confidentiality or is unwilling to proceed with a complaint ASA College employees are required

to report the complaint to the Title IX Coordinator. If confidentiality is requested, the College will take reasonable steps to

investigate and respond to the complaint, consistent with the complainant’s request. In all cases the College will weigh its

responsibility to provide a safe and nondiscriminatory environment against the complainant’s request for confidentiality. The

determination of whether and how to proceed will be made by the Title IX Coordinator in consultation with the Complainant.

What interim measures are available to the Complainants?

The Title IX Coordinator may implement 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.

Interim measures are helpful to ensure the safety of all parties to the investigation, prevent retaliation, and void an ongoing

hostile environment. Such measures may include but are limited to: (1) Issuing a “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 rest of the College community; and (3) Providing increased security;

supervision or monitoring at locations or activities where the alleged misconduct occurred; adjustment to housing or living

arrangements; reasonable adjustment to class or College work schedule; or change in campus location to attend classes. Such

remedies are designed to prevent recurrence, to alleviate pain, embarrassment and aggravation associated with Sexual Miscon-

duct.

Consent Requirement:

However, before any discussion to proceed with an investigation of a reported Sexual Misconduct allegation, the Title IX Coor-

dinator will request the consent of the Reporting Individual prior to beginning an investigation. If the Title IX Coordinator

request is denied to proceed there are several instances under which the Title IX Coordinator will proceed with an investigation

without the written consent of the Reporting Individual/Complainant to proceed with an investigation:

• The increased risk that the accused will commit additional acts of violence;

• Whether the accused has a history of violent behavior or is a repeat offender;

• Whether the victim is a minor;

• Whether the accused used a weapon or force in the reported incident;

• The incident is an escalation of previous behavior;

• There is a risk that the accused will commit additional acts of violence or similar Misconduct;

• Whether the incident represents escalation in unlawful conduct on behalf of the accused from previously noted behavior,

such a situation that previously involved sustained stalking;

• Evidence is obtained by other means; such as security footage and whether the report reveals a pattern of perpetration at a

given location or by a particular group.

Did you provide consent to the ASA College Title IX Coordinator to conduct an Investigation:

 Yes  No.

Name: _______________________________________ Signature: __________________________ Date: ______________

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Summary of the preliminary investigation:

The Title IX Coordinator will conduct a preliminary investigation to assess whether this Policy or the Student Code of Conduct

may have been violated. If the title IX Coordinator determines that there was a finding of Sexual Misconduct, the Title IX Coor-

dinator, will notify the Respondent in writing that a complaint has been filed and provide the factual allegations concerning the

alleged violation, and possible sanctions.

The Title IX Coordinator will schedule a meeting with the Respondent, within a reasonable amount of time, and ensure the

Respondent is provided with a written explanation of all available resources and options, and is offered the opportunity to

discuss those resources and options.

Wherever possible, simultaneous notification will be given to both parties (Complainant and Respondent) either by personal

delivery; overnight mail with signature requirement; certified mail with return receipt to the address in ASA College’s records;

and or by email to the Complainant’s and Respondent’s ASA College’s email accounts. The notice shall contain: (1) the date,

approximate time, and location of the alleged violation; (2) a description of the factual allegations; and (3) a summary of poten-

tial sanctions associated with the alleged violation.

The notice shall inform the Complainant and the Respondent of the right to bring an advisor to meetings and ensure there is a

clear understanding that the role of the advisor is to support and advise, not to speak on the behalf of the Complainant or

Respondent or to take any action that may interfere with the integrity and process of the investigation.

The Title IX Coordinator will interview the parties to the complaint, as well as any witnesses who have been identified. The

investigator will ask the parties for any documentary, electronic, or other evidence related to the complaint that they want to

offer. The Title IX Coordinator may also independently gather available evidence as part of the investigation. Prior sexual

history with persons other that 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. However, past findings (especially repeated offenders) of Domestic Violence, Dating

Violence, Stalking or Sexual Assault may be admissible when determining sanctions. All individuals who are interviewed shall

be advised to maintain 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 investi-

gation, protecting student and witness privacy, and deter retaliation.

It is generally the Complaint’s decision whether to file a complaint or to continue with any form of resolution. If the Complain-

ant elects to initiate a formal complaint against another person or group of persons, a Sexual Misconduct Report Form is filed

with the Title IX Coordinator, and an investigation is conducted.

Please provide the information requested and deliver the completed form to:

Marcus Browne

ASA College Title IX Coordinator

151 Lawrence Street room 214

Brooklyn NY 11201

718-522-9073 ext. 2026

ASA College

105 West 33 Street

New York, NY 10001

212-672-6450 ext. 1230

*This form can also be submitted by Secure Mail to mbrowne@asa.edu**

If there is a complaint of a Sexual Assault you can reach Mr. Browne at 718-801-1083.

What happens with the information I provide?

DOWNTOWN BROOKLYN

151 Lawrence Street

Brooklyn, NY 11201

Tel: 718 - 522-9073

NORTH MIAMI BEACH

3909 N.E. 163rd Street

North Miami Beach, FL 33160

Tel: 786-279-1740

DANIA BEACH

225 E Dania Beach Blvd, Suite 120

Dania Beach, FL 33004

Tel: 786-279-1740

HIALEAH

530 West 49th Street

Hialeah, FL 33012

Tel: 786-279-2643

MIDTOWN MANHATTAN

1293 Broadway/One Herald Center

New York, NY 10001

Tel: 212-672-6450

Page 3 of 4

Once a complaint or notice of allegation of Sexual Misconduct is received, the Title IX Coordinator will make an initial assess-

ment of the reported information and respond to any immediate health concerns raised by the report, including interim

remedies.

The Title IX Coordinator will provide the Complainant with a general understanding of this Policy and the process for respond-

ing to complaints of Sexual Misconduct. The Complainant will be provided with available resources and referrals for medical

treatment at local hospitals and trauma centers. The Complainant will also be advised of the right to an advisor of his or her

choice to accompany them to all meetings during the investigation.

Listed below is a summary of the disclosures the Title IX Coordinator is required to discuss with the Complainant and

the Respondent:

□ The right to be notified of the timeframe for the major stages of the investigation;

□ The right to present witnesses and evidence;

□ The College title IX Coordinator will inform the Respondent that an investigation is being commenced and the allegations

of the Complainant. If there is a written complaint, the Respondent will be provided with a copy of the complaint, unless

circumstances warrant otherwise;

□ If the alleged Respondent is allowed to have a lawyer; the Complainant has right to have one too;

□ Both parties are offered the opportunity to submit questions (in writing) of the other party and/or witnesses to the Hearing

Committee. However, the Hearing Committee reserves the right to decline to ask the questions submitted;

□ Both parties will be informed that the College prohibits Retaliation in any form against any person who reported the allega-

tion of Sexual Misconduct or participates in the investigative proceedings. Reports of Retaliation will be investigated and

individual(s) involved Retaliation will be subject to disciplinary action;

□ The College uses the Preponderance-of-the Evidence Standard of Proof to adjudicate the complaint. The College cannot

use a Higher Standard of Proof;

□ The right to be given periodic status updates; to be notified in writing of the outcome of the complaint and any appeal,

including any sanctions directed to each party;

□ Inform both parties of their right to appeal the outcome of the complaint;

□ Each party has the right to have the proceedings documented, which may include written findings of fact, transcript, or

audio recordings;

□ The Complaint has the right not to “work it out” with the Respondent/alleged perpetrator in mediation. Mediation is not

appropriate in cases involving Sexual Assault.