.
UndergraduateGraduateContinuing EducationSpecial ProgramsAboutAdmissionsAlumniStudents

Policy Against Sex-Based Discrimination, Harassment, And Sexual Misconduct

To review the full policy booklet, please click on the PDF on the right side of the page to download.

The School of Visual Arts is committed to providing equal treatment and opportunity for its students, to maintaining an environment that is free of bias, prejudice, discrimination and harassment, and to establishing fair complaint procedures.  The School of Visual Arts does not discriminate on the basis of race, color, religion, creed, sex, sexual orientation, gender (including gender identity or expression), pregnancy, age, disability, national origin, military or veteran status, marital status, parental or familial status, alienage or citizenship status, domestic violence status, genetic predisposition or carrier status, partnership status or any other legally protected characteristic (“protected characteristics”) in employment, student admission, or any other programs or activities.  The College is firmly committed to the rights of all members of its community— students, faculty and staff—who must interact through mutual respect and trust to ensure that the campus remains a center of learning. Any student, faculty or staff member who violates College policy by subjecting another to discrimination or harassment of any kind (including sexual discrimination and harassment) will be subject to appropriate disciplinary action, including immediate expulsion from the College or termination of employment, in accordance with the policies and procedures outlined in this policy and the Student Handbook.

Statement of Equal Opportunity

The School of Visual Arts is committed to providing a working, learning, and living environment free from unlawful discrimination and harassment.  SVA does not discriminate on the basis of gender or any protected characteristic, in admissions, financial aid, employment, or in the administration of any SVA program or activity.

SVA’s policies regarding discrimination, including sexual and other unlawful harassment, reflect its responsibility as an educational institution whose environment must be conducive to learning and mutual trust. Its concern is for all members of the College community—students, faculty and staff. Its procedures are designed to address any alleged violations of policy promptly and with equity to all involved, to maintain privacy if possible and to ensure that retaliation does not occur when rights under this policy are exercised. SVA is committed to provide those who feel that they have been subjected to conduct in violation of this policy with mechanisms for seeking redress and resources for support.  Accordingly, SVA prohibits retaliation against any person for complaining of a violation of this policy or for participating in any investigation or proceedings related to an alleged violation. 

Key Resources for Reporting

Any member of the SVA community who has a question, concern, or wishes to file a report related to discrimination, harassment, or sexual misconduct should contact the Title IX Coordinator.

To file an online report, please complete our form.

 

SVA’s Title IX Coordinator is:

Laurel Christy

Business Office: 340 East 24th Street
Ground Floor, New York, NY 10010

Email: [email protected]

Phone: 212.592.2153

Website: sva.edu/sexualmisconduct

 

Reporting to Law Enforcement

If you are in immediate danger, dial 911 and/or Security Services at 212 696 4632, and attempt to get to a safe place.

 

Acts of violence, including sexual assault, domestic violence, dating violence, and stalking, are against the law. If you are not in immediate danger and would like to report an incident to the police, you can do so by contacting the NYPD as follows. A staff member from SVA can accompany you to make a report with the police.

  • The New York City Police Department Sex Crimes Unit at 212.374.5076, or
  • NYPD 13th Precinct at 230 East 21st Street, New York, NY, 10010
Rights in Cases of Sexual Assault, Dating Violence, Domestic Violence and Stalking

Students’ Bill of Rights

All students have the right to:

  • make a report to local law enforcement and/or state police;
  • have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
  • make a decision about whether or not to disclose a crime or violation and participate in the complaint process and/or criminal justice process free from pressure by the institution;
  • participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
  • be treated with dignity and to receive from the institution courteous, fair, and respectful healthcare and counseling services, where available;
  • be free from any suggestion that the reporting individual was at fault when these crimes and violations were committed, or should have acted in a different manner to avoid such crimes or violations;
  • describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  • be protected from retaliation by the institution, any student, the responding party and/or their friends, family and acquaintances within the jurisdiction of the institution;
  • access to at least one level of appeal of a determination;
  • be accompanied by an advisor of choice who may assist and advise a reporting individual or responding party throughout the complaint, investigation, hearing and appeal process including during all meetings and hearings related to such process; and
  • exercise civil rights and practice of religion without interference by the investigative, judicial or conduct process of the institution

 

The following link will direct you to SVA’s website where this information is also available:sva.edu/sexualmisconduct.

 

Rights of All Reporting Parties:

  • The right to request interim measures to ensure his or her safety during the complaint process.
  • The right to a prompt, thorough, fair and impartial investigation and appropriate resolution of all credible complaints of sexual misconduct.
  • The right to be treated with respect by SVA staff throughout the process.
  • The right to be notified of available counseling, mental and physical health services on and off campus.
  • The right to identify witnesses and to request that the Investigator contact those individuals as part of the investigation.
  • The right to have an advisor present in a support or advisory role during the complaint, investigation, hearing and appeal process.
  • The right to report the incident to off-campus authorities and/or law enforcement and to be assisted by SVA staff in doing so.
  • The right to know what provisions of this policy the responding party is charged with violating.
  • The right to be informed of the final determination and sanctions, if any, in writing to the extent permissible by law.
  • The right to privacy and the assurance that information regarding the complaint will be shared only with those necessary.
  • The right to receive timely notice of any meeting relating to the complaint process at which the both the reporting and responding party will be present.

 

 

Rights of the Responding Party

  • The right to a prompt, thorough, fair and impartial investigation and appropriate resolution of all credible complaints of sexual misconduct.
  • The right to be treated with respect by SVA staff throughout the process.
  • The right to a presumption of innocence before a determination is made.
  • The right to be notified of available counseling, mental and physical health services, on and off campus.
  • The right to identify witnesses and other parties, and to request that the Investigator contact those individuals as part of the investigation.
  • The right to have an advisor present in a support or advisory role during the complaint, investigation, hearing and appeal process.
  • The right to receive written notice of the policy provisions he or she is alleged to have violated.
  • The right to be notified of possible sanctions that may result if the responding party is found responsible for violating this policy.
  • The right to be informed of the final determination and any sanctions in writing.
  • The right to privacy and the assurance that information regarding the complaint will be shared only with those necessary.
  • The right to receive timely notice of any meeting relating to the process at which both the respondent and the reporting party will be present.
Title IX Coordinator

SVA’s Title IX Coordinator, under the direction of the Title IX Officer, has overall responsibility for the administration of this Policy and has been designated to coordinate compliance activities under this Policy and applicable federal, state and local laws, including without limitation Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act.

The School of Visual Arts Title IX Coordinator is:

1.    Knowledgeable and trained in SVA’s policies and procedures and relevant federal, state and local laws;

2.    Available to answer questions about this policy and the associated procedures;

3.    Able to advise regarding available resources for support and reporting options; and

4.    Available to receive complaints of violations of this policy.

SVA’s Title IX Coordinator is:

Laurel Christy

Business Office:  340 E. 24th St., Ground Floor, New York, NY  10010

Email:  [email protected]

Phone:  212-592-2153

Definitions

For purposes of these policies and procedures, the following definitions apply:

Discrimination is defined as:

  • Treating individuals or groups less favorably because of their protected characteristic(s); or
    • Having a policy or practice that has a disproportionately adverse impact on individuals based on a protected characteristic.

 

Protected Characteristic refers to any personal trait or category that is protected by law, including an individual’s race, color, religion, creed, sex, sexual orientation, gender (including gender identity or expression), pregnancy, age, disability, national origin, military or veteran status, marital status, parental or familial status, alienage or citizenship status, domestic violence status, genetic predisposition or carrier status, partnership status or any other characteristic protected by law.

 

Discriminatory Harassment is defined as substantially interfering with an individual’s living, learning or working environment by subjecting him or her to severe or threatening conduct or to repeated humiliating or abusive conduct, based on his or her protected characteristic(s).  Under this policy, harassment is verbal or physical conduct that belittles or shows hostility or aversion toward an individual because of a protected characteristic, or that of his or her relatives, friends, or associates, and that:

  • Has the purpose or effect of creating an intimidating, hostile, or offensive living, learning or working environment.
  • Has the purpose or effect of unreasonably interfering with an individual’s academic or job performance or limiting or depriving someone of the ability to apply for, participate in or benefit from SVA’s educational programs, activities and/or employment; or
  • Otherwise adversely affects an individual’s academic or employment experience.

Harassing conduct includes, but is not limited to:

  • Offensive or suggestive comments, letters, emails or telephone calls;
  • Insults, jokes, teasing, threats, embarrassing comments, name calling or other remarks that put people down or make them uncomfortable;
  • Inappropriate pictures, cartoons or other objects;
  • Making obscene or rude gestures, or ogling or leering at someone; and
  • Mimicking a person’s accent, or mocking or imitating a disability or stutter.
  • Conduct that is physically threatening, harmful or intimidating;

 

Sexual or Sex-based Harassment is defined as unwelcome sex-based verbal, visual or physical conduct that:

  • Has the purpose or effect of creating an intimidating, hostile, or offensive living, learning or working environment;
  • Has the purpose or effect of unreasonably interfering with an individual’s academic or job performance or limiting or depriving someone of the ability to apply for, participate in or benefit from SVA’s educational programs, activities and/or employment; or
  • where submission to the conduct is explicitly or implicitly made a term or condition of an individual’s education, employment, or participation in other activities sponsored by the School of Visual Arts; or
  • where submission to or rejection of the conduct is used as the basis for admission, academic or employment decisions.

Examples of sex-based harassment that may cause a hostile environment include, but are not limited to:

  • subtle or persistent pressure for sexual activity;
  • unwanted or unnecessary touching, brushing against a person, or blocking someone’s movement;
  • requesting or demanding sexual favors in connection with admission, employment, academics, or SVA activities;
  • unwelcome, offensive, or suggestive comments or communications (verbal, written, electronic, etc.) of a sexual nature;
  • failure to accept the termination of a consensual relationship with repeated and persistent requests and behavior;
  • Verbal and/or physical aggression toward another based upon a perception that the other fails to conform to stereotypical notions of expected characteristics for masculinity or femininity.

 

Sexual Assault is divided into two categories of behavior:  Non-consensual Sexual Contact and Non-consensual Sexual Intercourse.

 

Sexual Assault--Nonconsensual Sexual Contact includes any intentional touching of a sexual nature, however slight, whether clothed or unclothed, with any object or body part by a person against another person that is without affirmative consent and/or by force.[1]  Consent is required regardless of whether the person initiating the sexual contact is under the influence of drugs and/or alcohol.  When consent is withdrawn or can no longer be given due to incapacitation, sexual activity must stop.

Examples of non-consensual sexual contact include, but are not limited to:

  • intentional contact with the breasts, buttocks, groin, or genitals;
  • intentional touching of another with breasts, buttocks, groin, or genitals;
  • making another person touch someone or themselves in a sexual manner;
  • any intentional bodily contact in a sexual manner.

[1] Conduct that is prohibited by this policy may also be prohibited by New York state law.  Relevant definitions and provisions of New York law are contained in the appendix section which is provided for information purposes only.  The School of Visual Arts enforces only its policy.  Those interested in filing a complaint with the police are encouraged to do so, and SVA will assist any reporting party in contacting law enforcement.  (See the section on reporting to law enforcement).

 

Sexual Assault--Non-consensual Sexual Intercourse includes any sexual intercourse, however slight, with any object or body part by a person against another person that is without affirmative consent and/or by force.  Consent is required regardless of whether the person initiating the sexual contact is under the influence of drugs and/or alcohol.   When consent is withdrawn or can no longer be given due to incapacitation, sexual activity must stop.

Examples of non-consensual sexual intercourse include, but are not limited to:

  • vaginal penetration by a penis, object, tongue or finger;
  • anal penetration by a penis, object, tongue or finger;
  • oral copulation (mouth to genital contact or genital to mouth contact).


Domestic Violence includes the use of physical violence, coercion, threats, intimidation, isolation, stalking, or other forms of emotional, sexual or economic abuse directed towards (i) a current or former spouse or intimate partner; (ii) a person with whom one shares a child; or (iii) anyone who is protect­ed from the responding party’s acts under the domestic or family violence laws of New York. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Do­mestic violence can be a single act or a pattern of behavior in relationships.

 

Dating Violence includes violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship would be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, dating violence would include, but would not be limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts that meet the definition of “domestic violence.”

 

Sexual Exploitation includes but is not limited to:

  • invasion of sexual privacy and voyeurism (in-person or through audio or video recording);
  • knowingly transmitting a sexually transmitted infection or disease;
  • exposing of a person’s body or genitals;
  • prostituting or soliciting sex from another community member.

 

Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear for his or her own safety or the  safety of others, or to suffer substantial emotional distress.  

Examples of stalking include but are not limited to:

  • constantly appearing at places the victim is known to frequent;
  • persistent unwanted communication or contact whether in person, by telephone, text, or email;
  • persistent unwanted gifts;
  • following or surveillance.

 

Sexual Misconduct includes sexual assault, sexual exploitation, sexual or sex-based harassment, dating violence, domestic violence, and stalking.

 

Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s informal or formal complaint of a violation of this policy, participation in a school or government investigation or proceedings related to an alleged violation of this policy or related civil rights law, or advocating for others’ Title IX rights. Federal, state and local civil rights laws, including Title IX, make it unlawful to retaliate against an individual for the purpose of interfering with any right or privilege secured by these laws.

 

Intimidation means unlawfully placing another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

 

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, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression. 

Consent must be freely and actively given; it cannot be obtained by coercive use of force, threats or intimidation.  Use of coercion, force, or threat invalidates consent.  Consent to one form of sexual activity does not imply consent to other forms of sexual activity, nor does past consent to intimacy imply consent to future intimacy.  Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.  In order to give consent, a person must be of the legal age of consent, which is 17 in New York.  A person who is incapacitated for any reason, including in some instances, intellectual disability, cannot give consent.  Consent can be withdrawn at any time. 

 

Incapacitation is a state where someone cannot make rational, reasoned decisions.

A person may be incapacitated due to mental disability, sleep, unconsciousness, physical restraint, or from the consumption (voluntary or otherwise) of incapacitating drugs or quantities of alcohol.  Sexual activity with someone whom you know or, reasonably should know, is mentally or physically incapacitated (i.e., by alcohol or other drug use, unconsciousness or blackout) constitutes a violation of this policy.  Evidence of incapacity may be detected by physical cues, such as slurred speech, bloodshot eyes, the odor of alcohol on a person’s breath or clothing, inability to maintain balance, vomiting, unusual or irrational behavior, and unconsciousness.  Incapacity may be indicated by the quantity of alcohol consumed.  The presence of one or more of these cues does not necessarily indicate incapacity, nor does the absence of these cues necessarily indicate capacity. 

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation and coercion to overcome resistance.

 

Coercion is unreasonable pressure. The use of emotional manipulation to persuade someone to do something they may not want to do, such as being sexual or performing certain sexual acts, constitutes coercion. Coercing someone into having sex or performing sexual acts does not constitute obtaining consent and is considered sexual misconduct.

 

Reporting Party is the person(s) who allege(s) that this policy has been violated.

 

Responding Party is the person who is accused of violating this policy.

Privacy

SVA employees who cannot guarantee confidentiality will maintain the reporting party’s privacy to the greatest extent possible.  The information the reporting party provides to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator and/or designated Investigator to investigate and/or seek a resolution.  Only people who have a need to know about the incident will be informed, and information will be shared only as necessary with investigators, the complainant, witnesses and the responding party to ensure an effective and thorough investigation.  While SVA will take all appropriate steps to safeguard the privacy of the parties, the information collected during the investigation process may be subpoenaed in civil or criminal proceedings.

Resources and Support

Medical Attention and Evidence Preservation

Victims of sexual violence, including sexual assault, dating violence, domestic violence and stalking, are encouraged to seek prompt medical attention and to report the incident to the police. To gain assistance in getting to an emergency room, a victim can call 911 or notify SVA’s Security Services at 212.696.4632.  The nearest emergency rooms to SVA are at:

Beth Israel Medical Center
First Avenue and 16th Street
212.420.2840

Bellevue Hospital
First Avenue and 27th Street
212.562.4347

NYU Langone Medical Center

550 First Avenue

212.263.7300

The hospital staff will do a detailed examination of the entire body, including an internal exam, where appropriate, collect evidence, check for injuries, and address pregnancy concerns and the possibility of exposure to sexually transmitted infections. 

Seeking medical attention will in no way obligate a victim to file a complaint or press criminal charges.  Conversely, electing not to seek medical attention or to contact police will not impact SVA’s decision to investigate.

Victims are advised that the best way to preserve evidence of sexual assault is to avoid bathing or washing yourself before being examined.  You should not take a shower, wash hands or face, comb your hair, or douche. Normal everyday behavior, such as going to the bathroom, can destroy or remove evidence of sexual assault; you should try to avoid doing so if possible.   Similarly, you should try not to smoke or drink anything.   Altering your appearance can hide bruising or lacerations that can be cited as evidence when pressing charges.  It is best not to apply make-up or any other substance that can change your appearance.

Evidence of the assault can be found in the fibers of your clothes, strands of your hair, or on other parts of your body, so it is important to try your best to preserve as much evidence as possible before seeking medical or professional help.  Clothing, towels, sheets and other items should not be washed or moved, if possible.  The clothing worn at the time of the assault should be brought to the hospital in a sanitary container, such as a paper bag or a clean sheet.  If the clothing worn at the time of the assault is still being worn, it is advisable to bring a change of clothes to the hospital, if possible.

SVA Security Services can assist you in securing the scene to preserve evidence as well.

It is important to note that failure to take the steps described above does not preclude you from reporting an incident to SVA or to the police.  

Who Can I Talk to? Will it be Confidential?

Support services are in place to help any member of the SVA community who feels they are a victim of sexual misconduct.

The School of Visual Arts encourages any person who has experienced sexual violence to talk to someone about what happened, so victims can get the support that they need, and so SVA can respond appropriately.  Different employees on campus have different abilities to maintain confidentiality.

  • Some are required to maintain near complete confidentiality; talking to them is sometimes call a “privileged communication.” 
  • Some employees are required to report all details of an incident involving a student (including the identities of both the victim and the alleged perpetrator) to the Title IX Coordinator.  A report to these employees (called “responsible employees”) constitutes a report to SVA and generally obligates the Title IX Coordinator or his designee to investigate the incident and take appropriate steps to address the situation.

This policy is intended to make community members aware of the various reporting and confidential disclosure options available to them.

 

Privileged and Confidential Communications

When reporting a violation of SVA policy, there are resources that can provide confidentiality, sharing options and advice without any obligation to inform other College staff members unless requested. Such on-campus confidential resources include the counselors within Student Health and Counseling Services, located in the 24th Street Residence, 340 East 24th Street, and by telephone at 212-592-2246.

Additionally, community members can seek assistance from an off-campus crisis center, which can maintain confidentiality (including the sources listed under “Health” in SVA Essentials).  

Who is required to report what I tell them to the School of Visual Arts?

A “responsible employee” is an SVA employee who has the authority to redress sexual violence, who has the duty to report incidents of sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty.

A responsible employee must report to the Title IX Coordinator all relevant details about any incident of sexual misconduct involving a student – including the names of the victim and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.

To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling SVA’s response to the report. A responsible employee should not share information with law enforcement without the victim’s consent unless the victim has also reported the incident to law enforcement.

The following categories of employees are SVA’s responsible employees:

o  Student Affairs Staff

o  Residential Life Staff ( including RAs)

o  Admissions Staff

o  Security Services Staff

o  Officers of the College

o  Human Resources Staff

o  Faculty

Before a victim reveals any information to a responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations – and, if the victim wants to maintain confidentiality, direct the victim to confidential resources.

If the victim wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the victim that the School of Visual Arts will consider the request, but cannot guarantee that SVA will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Title IX Coordinator of the victim’s request for confidentiality.

Responsible employees will not pressure a victim to request confidentiality, but will honor and support the victim’s wishes, including for SVA to fully investigate an incident. By the same token, responsible employees will not pressure a victim to make a full report if the victim is not ready to do so.

Even SVA officers and employees who cannot guarantee confidentiality will maintain a reporting party’s privacy to the greatest extent possible.  Any information provided to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.  Only people who have a need to know about the incident will be informed, and information will be shared only as necessary with investigators, the reporting party, witnesses and the responding party to ensure an effective and thorough investigation.  Although SVA will take all appropriate steps to safeguard the privacy of the parties, the information collected during the investigation process may be subpoenaed in civil or criminal proceedings. 

Public Awareness Events

Sharing information regarding an incident of sexual misconduct at a public awareness event, such as Take Back the Night, the Clothesline Project, survivor speak-outs, and other forums, does not constitute notice to SVA and will not trigger an investigation under this policy.  However, because SVA is under a continuing obligation to address issues of sexual violence campus-wide, information shared at public awareness events may prompt the College to initiate broader remedial action – such as increased monitoring, supervision or security, increased education and prevention efforts, climate surveys and/or revisions to policies and practices – to ensure the safety of the SVA community.

Can I request that the School of Visual Arts not take action regarding an incident?

If a victim of sexual assault, dating violence, domestic violence or stalking discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, SVA must weigh that request against its Title IX obligations, including the obligation to provide a safe, non-discriminatory environment for all members of the SVA community, including the victim.  If in making a formal complaint, the reporting party requests confidentiality or asks that the complaint not be pursued, the College still must take all reasonable steps to investigate and implement any remedial measures while being mindful of the request.

If SVA honors the request for confidentiality, a victim must understand that SVA’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited.

 Although rare, there are times when SVA may not be able to honor a victim’s request in order to provide a safe, non-discriminatory environment for the entire SVA community.

 The Title IX Coordinator will evaluate requests for confidentiality once a responsible employee is on notice of alleged sexual violence.  When weighing a victim’s request for confidentiality or that no investigation or discipline be pursued, the Title IX Coordinator will consider a range of factors, including the following:

  • The increased risk that the alleged perpetrator will commit additional acts of sexual or other violence, such as:

o  whether there have been other sexual violence complaints about the same alleged perpetrator;

o  whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence;

o  whether the allegation indicates an escalation of unlawful conduct by the alleged perpetrator;

o  whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others;

o  whether the sexual violence was committed by multiple perpetrators;

  • the seriousness of the alleged conduct;
  • the alleged perpetrator’s rights to receive information under FERPA;
  • whether the sexual violence was perpetrated with a weapon;
  • whether the victim is a minor;
  • whether SVA possesses other means to obtain relevant evidence of the sexual violence (e.g., security cameras or personnel, physical evidence);
  • whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

 

The presence of one or more of these factors could lead SVA to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, SVA will likely respect the victim’s request for confidentiality.

If SVA cannot ensure confidentiality, the reporting party will be so informed prior to the start of an investigation.   To the extent possible, SVA will only share information with people responsible for handling SVA’s response.  Even if SVA chooses not to take disciplinary action against the alleged perpetrator because the reporting party insists on confidentiality, it may pursue other steps to limit the effects of the alleged conduct and prevent its recurrence.

SVA will remain ever mindful of the victim’s well-being, and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan. Retaliation against the victim, whether by students or SVA employees, will not be tolerated.

 SVA will also:

  • assist the victim in accessing other available victim advocacy, academic support, counseling, disability, and health or mental health services;
  • provide other security and support, which could include issuing a no-contact order, helping arrange a change of living or working arrangements or course schedules (including for the alleged perpetrator pending the outcome of an investigation) or adjustments for assignments or tests; and
  • inform the victim of the right to report a crime to campus or local law enforcement – and provide the victim with assistance if the victim wishes to do so.

 SVA will not require a victim to participate in any investigation or disciplinary proceeding.

Because SVA is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) will also prompt SVA to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.

If SVA determines that it can respect a victim’s request for confidentiality, it will also take immediate action as necessary to protect and assist the victim.

Will Information about an incident will be shared with my parents?

The Family Educational Rights and Privacy Act (FERPA) allows the School of Visual Arts to share information with parents when (i) there is a health or safety emergency or (ii) where the student is a dependent on the parent’s prior year federal tax return.  Generally speaking, SVA will not disclose a report of domestic violence, dating violence, sexual assault or stalking to a student’s parents without the student’s permission. 

Duty to Report Statistics and Timely Warning

The School of Visual Arts has a duty to report data about various forms of sexual misconduct in accordance with The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Act (Clery Act). No personally identifiable information is disclosed, but statistical information is disclosed as part of SVA’s Annual Security Report. The information to be shared includes the date, location type (residence hall, public property, off-campus, etc.), and specific crime category. 

 The Clery Act also requires SVA to issue a “timely warning” when it receives a report of a crime that poses a serious and continuing threat to the campus community, except in circumstances where the issuance of the warning may compromise pending law enforcement efforts or when the warning itself could potentially identify the reporting individual.  No personally identifying information about the victim will be disclosed in a timely warning.

Additional Government Resources

The government resources listed here may provide additional assistance for students wishing to file an ex­ternal complaint of sexual misconduct or students with inquiries regarding the application of Title IX and its implementing regulations:

  • http://www.notalone.gov
  • U.S. Department of Education, Office for Civil Rights

http://www.ed.gov/ocr

  • U.S. Department of Justice, Office on Violence Against Women

o  http://www.ovw.usdoj.gov

o  US Department of Justice, Office on Violence Against Women, 145 N Street, NE, Suite 10W.121, Washington, DC 20530

o  (202) 307-6026

  • US Department of Education, Office for Civil Rights

o  New York – Region II, 32 Old Slip, 26th Floor, New York, NY 10005

o  (646) 428-3800

[email protected]

 

Campus Climate Survey


In April 2017, SVA conducted the Campus Climate for Sexual Misconduct Survey.  A summary of results from the survey are available in the downloads section of this page.

School of Visual Arts | 209 East 23 Street, NY, NY 10010-3994 | Tel: 212.592.2000 | Fax: 212.725.3587