On Wednesday, Aug. 12, 2020, the CUNY Board of Trustees adopted a revised Policy on Sexual Misconduct, effective Friday, Aug. 14, 2020. This revised Policysupersedes and replaces CUNY’s prior policy and will govern CUNY’s response to allegations of Sexual Misconduct based on conduct alleged to have occurred on or after Aug. 14, 2020 and can be found online.
The revised Policy was necessitated by changes to the federal regulations implementing Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688. Although the new regulations significantly limit the behavior that constitutes Sexual Harassment within the definitions of Sexual Misconduct, CUNY will continue to investigate, prosecute, and adjudicate all allegations of Sexual Misconduct that fall outside of the new narrower definition of Title IX Sexual Harassment. Further, CUNY’s revised Policy allows for close scrutiny of all reported allegations of Sexual Misconduct.
In conjunction with these changes, the Central Office has requested that each CUNY College:
1. Identify at least two “Advisors” for the limited purpose of conducting cross-examination at Title IX Sexual Harassment hearings involving employees;
2. Identify hearing “Presenters” for employee respondents; and
3. Identify at least two “Informal Resolution Facilitators” for employees.
Please note, unfortunately, I do not currently have an estimation of the time commitment that may be involved, but there will certainly be some training. Beyond that, it will likely depend on how many cases we receive that satisfy the definition of “Title IX Sexual Harassment,” and how many of those matters proceed to the informal resolution and/or hearing phase procedurally.
We are looking for VOLUNTEERS to participate, so please let me know by Thursday, Sept. 17, if you are interested in having your name submitted to Central.
By Catherine M. Ferrara, Esq.
