Title IX and Sexual Misconduct Policy

Pratt Institute is committed to fostering an environment that is safe, secure and free from sex discrimination and sexual harassment, sexual violence, dating and domestic violence, and stalking among all forms of sexual misconduct. The Institute takes prompt and appropriate action to address misconduct, end a hostile environment if one has been created, and prevent the recurrence of a hostile environment. 

*Pratt Institute prohibits romantic or sexual relationships between faculty/staff and undergraduate students. Further, the Institute prohibits romantic or sexual relationships between faculty/staff and graduate students if they are active within the same school, department, or program, or if the faculty member has any academic, professional or supervisory authority over the graduate student. Violations of this prohibited conduct are addressed through the process identified in the Community Standards for Faculty and Staff. 

Applicable federal, state, and local laws prohibit discrimination and harassment based on sex in the workplace and in education programs and activities, and may require Pratt to respond in particular ways to disclosures of such discrimination or harassment.

This policy applies to the entire Pratt community, including, but not limited to, students, student organizations, faculty, administrators, and staff, whether on or off campus, and third parties such as guests, visitors, volunteers, invitees, and alumni when they are on Pratt’s campus or participating in Pratt-sponsored activities.

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

Alleged incidents of Prohibited Conduct under this Policy occurring on or after the original effective date of this policy will follow the protocols and procedures outlined in this Policy. Resolution of reports made under this Policy shall follow the protocols and procedure in effect at the time the report is made. However, the definitions of Prohibited Conduct in effect at the time of the incident will govern, unless otherwise directed by the Title IX Coordinator.

Obligations in this policy assigned to a particular title, such as the Title IX Coordinator, may be designated as appropriate by the Institute. 

Sex discrimination other than Title IX Prohibited Conduct in this Policy, such as allegations of pay discrimination or limitations on access to services or benefits based on sex, are to be addressed under Pratt’s Discrimination, Harassment, and Bias Response Policy.

This section includes the conduct prohibited by this Policy. Unless otherwise stated in this Policy, the conduct prohibited by this policy can be resolved through the available processes described in this Policy.

1. Title IX Sexual Harassment is conduct on the basis of sex that satisfies one or more of the following:
   • An Institute employee conditions the provision of an aid, benefit, or service of the University on an individual’s participating in unwelcome sexual conduct; or
   • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the Institute’s education program or activity; and Sexual Assault, Dating Violence, Domestic Violence, Stalking, and Retaliation, as defined below.
2. Non-Title IX Sexual Harassment is unwelcome conduct based on sex or gender that is so severe and/or pervasive that it has the purpose or effect of unreasonably interfering with a person’s employment, academic performance or participation in the Institute’s programs or activities, or creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.
3. Sexual Assault is having or attempting to have sexual contact with another individual without consent or where the individual cannot consent because of age or temporary or permanent mental incapacity (see below for definition of consent and incapacitation). Sexual contact includes:
   1. sexual intercourse (anal, oral, or vaginal), including penetration with a body part (e.g., penis, finger, hand, or tongue) or an object, or requiring another to penetrate themselves with a body part or an object, however slight;
   2. sexual touching of the private body parts, including, but not limited to, contact with the breasts, buttocks, groin, genitals, or other intimate part of an individual’s body for the purpose of sexual gratification.
      • Sexual touching may be over or under clothing and may include the Respondent touching the Complainant, the Respondent making the Complainant touch the Respondent or another person, or the Respondent making the Complainant touch the Complainant’s own body.
4. Dating Violence includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; (iii) the frequency of interaction between the persons involved in the relationship.
5. Domestic Violence is felony or misdemeanor crimes of violence committed by a person who is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the school, or a person similarly situated to a spouse of the victim; is cohabitating or has cohabited with the victim as a spouse or intimate partner; shares a child in common with the victim; or commits actions against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.
6. Stalking is engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety or others, or suffer substantial emotional distress.
   
   Course of conduct means two or more instances including but not limited to unwelcome acts in which an individual directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish.
   
   Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used.
7. Sexual Coercion is the application of unreasonable pressure, including emotionally or physically manipulative actions or statements, or direct or implied threats, in order to compel the person to engage in sexual activity.
8. Sexual Exploitation is the abuse or exploitation of another person’s sexuality without consent, for the perpetrators own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Sexual Exploitation includes, without limitation, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over that person; causing the prostitution of another person; electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images of another person; allowing third parties to observe sexual acts; engaging in voyeurism; distributing intimate or sexual information about another person; and/or knowingly transmitting a sexually transmitted infection, including HIV, to another person.
9. Retaliation is any adverse action taken against an individual because they were involved in the disclosure, reporting, investigation, or resolution of a report of Prohibited Conduct. Retaliation includes threats, intimidation, harassment, coercion, violence, or any other conduct that would discourage a reasonable person from engaging in activity protected under this Policy. Activity protected under this Policy may include an individual’s right to make a report and/or file a complaint that Prohibited Conduct has taken place, an individual’s ability to participate in the complaint resolution process, and/or an individual’s good faith effort to intervene as a bystander. 
   
   The prohibition against retaliation applies to any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, any witness, or any other individuals who participate (or refuse to participate) in any manner in an investigation, proceeding, or hearing.
   
   Retaliation may occur even where there is a finding of “not responsible” under this Policy. Good faith actions lawfully pursued in response to a report of Prohibited Conduct are not Retaliation. Retaliation should be promptly reported to the Title IX Coordinator. Reports of retaliation by an employee will be investigated and resolved by Human Resources. Reports of retaliation by a student will be investigated and resolved via the Student Conduct Policy.
10. Prohibited Conduct Specific to New York Sexual Harassment in Employment Situations In the State of New York, the following definition of sexual harassment will be applied to situations involving employees when the definitions above (specific to Title IX) are not applicable, as determined by the Title IX Coordinator:
    
    Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment need not be severe or pervasive to be unlawful and can be any harassing conduct that consists of more than petty slights or trivial inconveniences. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:
    •  Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment; Such conduct is made either explicitly or implicitly a term or condition of employment; or Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment
    NYS workplace sexual harassment can take a variety of forms. Examples include, but are not limited to:
    • Unwelcome sexual propositions, invitations, solicitations, and flirtations;
    • Non-consensual sexual intercourse or other sexual contact;
    • Coercive behavior, unreasonable pressure, or manipulation to compel a person to engage in sexual activity;
    • Threats or insinuations that a person’s employment, wages, promotional opportunities, work assignments, academic grade, classroom assignments, or other conditions of employment or academic or other collegiate life may be adversely affected by not submitting to sexual advances;
    • Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person’s body, dress, appearance, or sexual activities; the unwelcome use of sexually degrading language, jokes, or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene phone calls, mail, or email;
    • Sexually suggestive objects, pictures, videotapes, audio recordings or literature, placed on the work or study area, if not used solely for a legitimate educational purpose;
    • Non-consensual  touching, grabbing, groping, pinching, or other physical contact;
    • Spreading sexual rumors; distributing intimate or sexual information about another person;
    • Causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over that person;
    • Electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images of another person.

1. Affirmative Consent (“Consent”): 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 does not in and of itself, demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent may be initially given but withdrawn at any time. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. When consent is withdrawn or can no longer be given, sexual activity must stop. Children under 17 years of age cannot legally consent under New York State law to having sex or sexual contact with an adult (i.e., someone who is 17 years of age or older)
2. Coercion and Force: Consent cannot be procured by the use of physical force, compulsion, threats, intimidating behavior, or coercion. Sexual activity accompanied by coercion or force is not consensual.
   • Coercion refers to unreasonable pressure for sexual activity. When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive. The use of coercion can involve the use of pressure, manipulation, substances, and/or force. Ignoring objections of another person is a form of coercion.
   • Force refers to the use of physical violence and/or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance.
3. Complainant 
   Any individual who has reported being or is alleged to be the victim of Prohibited Conduct under this policy.
4. Education Program or Activity 
   Pratt’s “education program or activity” includes: 
   1. Any on-campus facility, property, or building owned or controlled by the Institute; 
   2. Any off-campus program or activity that Pratt has substantial control over;
   3. Any off-campus premises that Pratt has substantial control over. This includes buildings or property owned or controlled by a recognized student organization; and 
   4. Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of Pratt’s programs and activities over which Pratt has substantial control. 
5. Formal Complaint 
   “Formal complaint” means a written document (hard copy or electronic) that alleges that a Respondent committed Prohibited Conduct and requests initiation of the procedures consistent with the Policy to investigate the allegation of the conduct. A “Formal Complaint” can only be filed by a Complainant with a signature or other indication that the complainant is the person filing the formal complaint or signed by the Title IX Coordinator.
6. Incapacitation: Someone who is incapacitated cannot consent. A person is incapacitated when the person cannot make a rational, reasonable decision because the person lacks the ability to understand their decision. A person can become incapacitated as a result of, among other things, physical or mental impairment, involuntary physical constraint, sleep, unconsciousness, or consumption of alcohol or other drugs.
   • Where alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication. The impact of alcohol and other drugs varies from person to person; however, warning signs that a person may be approaching incapacitation may include slurred or incomprehensible speech, vomiting, unsteady gait, combativeness, or emotional volatility. Evaluating incapacitation also requires an assessment of whether a Respondent knew or should have been aware of the Complainant’s incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the Respondent’s position. Being intoxicated or impaired by drugs or alcohol is never an excuse for committing Prohibited Conduct and does not diminish one’s responsibility to obtain informed and freely given consent. In other words, consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
7. Party or Parties
   Referring to Complainant(s), Respondent(s), or both Complainant(s) and Respondent(s).
8. Respondent
   Respondent, sometimes called the Accused, means any individual who has been reported to have engaged in Prohibited Conduct under this policy.
9. Title IX Prohibited Conduct includes the following, as defined in Section IV Prohibited Conduct: Title IX Sexual Harassment, domestic violence, dating violence, and stalking, when such violations are alleged to have occurred within the Educational Program or Activity and inside of the United States.

The Title IX Coordinator

The Title IX Coordinator is charged with monitoring compliance with Title IX; providing education and training; overseeing complaints; and coordinating Pratt’s investigation, response, and resolution of all reports of Prohibited Conduct under this policy. The Title IX Coordinator is available to meet with any Student, Employee, or Third Party to discuss this policy or the accompanying procedures and can be contacted at:

Michael Arno | Title IX Coordinator | marno58@pratt.edu | p: 718-687-5171

Employee Reporting Obligations

Other than those serving in the capacity of Confidential Resources, described in section VII(A)(1) in this policy, all Pratt Employees must immediately report possible violations of this policy to the Title IX Coordinator.

This report must include the employee’s name and contact information, and all known details about an incident, including dates, times, locations, names of involved individuals and the nature of the incident. Aside from this reporting obligation, employees will, to the fullest extent possible, maintain the privacy of an individual’s information.

As per New York state law, managers and supervisors are required to report any workplace complaint of sexual harassment that they receive, or any workplace harassment that they observe in the to the Title IX Coordinator.

All employees, contractors, and volunteers who are employed or engaged by Pratt and interact with, supervise, chaperone, or otherwise oversee minors, whether during the program or in any Pratt-sponsored activity, must immediately report any suspected cases of abuse, maltreatment, and/or neglect in accordance with New York State law.

Employees who fail to comply with their reporting obligation may be subject to discipline up to and including termination.

Student Bill of Rights

All Pratt students have the right to:

• Make a report (or decline to report) to local law enforcement and/or state police;
• Have disclosures of Sexual Assault, Domestic Violence, Dating Violence, and Stalking and all other forms of Prohibited Conduct treated seriously;
• Make a decision about whether or not to disclose a crime or violation and participate in the complaint resolution 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 Colleges courteous, fair, and respectful health care and counseling services, where available;
• Be free from any suggestion that the Complainant is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
• Describe the incident to as few representatives of the College as practicable and not be required to unnecessarily repeat a description of the incident;
• Be protected from retaliation by the Colleges, any student, the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the Colleges;
• Access to at least one level of appeal of a determination;
• Be accompanied by an Advisor of choice who may assist and advice a Complainant or a Respondent during any meetings and hearings under the Policy and procedures; and
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or complaint resolution process of the Colleges.

Amnesty

The health and safety of every student at Pratt Institute is of the utmost importance. Pratt recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at a 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. Pratt strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to Institute officials. A bystander or complainant acting in good faith who discloses any incident of domestic violence, dating violence, stalking, or sexual assault to college officials or law enforcement will not be subject to discipline under Pratt’s Policy Against Drugs and Alcohol 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. This policy does not provide amnesty for drug dealers or those who use drugs or alcohol as a weapon or to facilitate Prohibited Conduct. Under Pratt’s Amnesty for Drug and Alcohol Policy, personal drug use and possession, whether it is intentional or accidental, will not form the basis of faculty student disciplinary charges.

Requesting Accommodations

This policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. 

Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the grievance process.  Accommodations will be granted if appropriate and that do not fundamentally alter the Process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.  

Requests for accommodations in connection with allegations of Prohibited Conduct should be made to the Institute’s Title IX Coordinator. The Institute will provide information about the employee’s request for accommodation only to those having a need to know such information in order to implement the accommodations.

Effect of Criminal Proceedings

Sexual misconduct may constitute a violation of both law and Institute policy. The Institute encourages students to report alleged sexual misconduct promptly to local law enforcement agencies. Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. The standards for finding a violation of criminal law are different from the standards for finding a violation of this policy. Therefore, criminal investigations or reports are not determinative of whether Prohibited Conduct, for purposes of the policy, has occurred. In other words, conduct may constitute Prohibited Conduct under this policy even if law enforcement agencies lack sufficient evidence of a crime and decline to prosecute.

The filing of a complaint of Prohibited Conduct under this policy is independent of any criminal investigation or proceeding. The Institute will not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation or take any necessary interim measures to protect the complainant and the Institute community. However, the Institute may temporarily delay its investigation to enable law enforcement to gather evidence and to engage in a preliminary investigation of sexual misconduct matters that may also violate the state criminal code. Such delay should not last longer than ten (10) days except when law enforcement requests and justifies a longer delay.

Additional/Alternative Rights for Union Employees

Institute employees who are represented by a union may have other procedural rights pursuant to the respective collective bargaining agreement. Please refer to the collective bargaining agreement and/or contact your union representative for further information.

This section contains the procedures to report Prohibited Conduct, as well as options for resolution, including investigations and adjudications.

Disclosing and/or Reporting Prohibited Conduct

This section includes information about how to make confidential disclosures, non-confidential disclosures, how to report to law enforcement and/or campus safety, as well as how to report to the Title IX Coordinator. 

Reporting individuals may choose any or all of these options free from retaliation, and may receive assistance and supportive measures from Pratt regardless of which options are exercised.

Confidential Disclosure Options

Reporting parties have the right to disclose confidentially an incident of sexual misconduct to Pratt Institute representatives who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for reporting individuals. Reporting individuals also have the right to disclose confidentially and obtain services from the state or local government. Medical providers and professional licensed counselors and pastoral counselors (e.g. clergy/chaplain) who provide mental health counseling to members of the Pratt community, may not report any information about an incident of sexual misconduct disclosed while acting within the scope of that provider’s/counselor’s license or certification to the Title IX Coordinator without a Complainant’s permission.  State law requires professional counselors to report: (i) when a patient is likely to engage in conduct that would result in serious harm to the patient or others; (ii) if there is reasonable cause to suspect that a minor has been sexually abused.

The following is the contact information for on-campus confidential resources for students:

•  Counseling Center, ISC Building Room 314, 718-687-5356 (Available Monday-Friday 9AM-5PM)
• Health Services, Willoughby Hall Suite 117, 718-399-4542 (Available Monday-Friday 9AM-5PM)

The following is the contact information for confidential resources for employees:

• Employee Assistance Program (EAP Guidance Resources Program)
  Call: 800-311-4327
  TDD: 800-697-0353
  Online: guidanceresources.com
  Your company Web ID: GEN311

The following is the contact information for off-campus confidential resources for any individual:

• Safe Horizon: 800-621-HOPE (4673)
• RAINN National Sexual Assault Hotline: 800-656-HOPE
• National Domestic Violence Hotline: 800-799-SAFE
• New York State Domestic Violence Hotline, 1-800-942-6906
• New York State Office of Victim Services, 1-800-247-8035
• New York State Division of Human Rights Sexual Workplace Sexual Harassment: 1-800-HARASS
• Medical/Emergency Rooms
  • Brooklyn: Woodhull Hospital: 718-963-8000
  • Manhattan: Bellevue Hospital: 212-562-5555

These confidential resources can help and provide information regarding medical assistance and treatment (including information about sexually transmitted infections, and sexual assault forensic examinations), and resources available through the New York State Office of Victim Services, and law enforcement options.

The above-listed resources are available free of charge.

In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting on and off campus resources. When a report is made to these resources, you are not making a report to the Institute and it will not result in other supportive measures, an investigation, or other corrective measures. Any person who desires supportive measures (such as a change in housing, academic or work assignments) or wishes to seek formal action in response to their allegations (such as investigation, hearing, and/or sanctions) must make their report/disclosure to the Title IX Coordinator.

The Institute also has non-confidential campus resources available to the Pratt community. These non-confidential resources are required to report disclosures of sexual misconduct to the Title IX Coordinator.

The following is the contact information for on campus non-confidential resources for any individual:

• Title IX Coordinator: titleix@pratt.edu or 718-687-5171
• Associate Vice President for Student Life: jkelle30@pratt.edu or 718-687-5443
• Student Advocate and Care Coordinator: Studentadvocate@pratt.edu or 718-399-4546
• Human Resources Senior Employer Labor Specialist: dsimonette@pratt.edu or 718-687-5438

Reporting to Law Enforcement and Campus Safety

Under NY law, victims of sexual misconduct have the right to notify or decline to notify law enforcement. Timing is a critical factor in collecting and preserving evidence that may assist in proving that the alleged misconduct occurred or may be helpful in obtaining protection or restraining orders from the police. The Department of Campus Safety and other Institute representatives indicated below, are available to assist in notifying law enforcement of an incident of sexual misconduct and in contacting law enforcement or legal service organizations to learn about these remedies. 

For local Police and Emergency Assistance dial 911

For Campus Safety:

• Brooklyn Campus (Main Guard Booth): 718-636-3540 or 718-636-3541
• Manhattan Campus Security Desk: 212-647-7776

Disclosing or Reporting to the Title IX Coordinator

Any person may disclose sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s oral or written report.  

Michael Arno
Title IX Coordinator 
200 Willoughby Hall, Brooklyn NY 11205
marno58@pratt.edu , titleix@pratt.edu, 718-687-5171

A disclosure may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator. Please click here to report any misconduct related to the Title IX and Sexual Misconduct policy.

Upon receipt of a disclosure of Prohibited Conduct, the Title IX Coordinator or their designee will promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a Formal Complaint, and explain to the Complainant the process for filing a Formal Complaint. The Title IX Coordinator will make an initial assessment of the reported information and respond to any immediate safety or well-being concerns raised by the report. 

In this intake assessment, the Title IX Coordinator will conduct a preliminary assessment and:

• Inform the Complainant of the right to seek medical treatment, and explain the importance of obtaining and preserving forensic and other evidence;
• Inform the Complainant of the right to contact law enforcement, decline to contact law enforcement, and/or seek a protective order; 
• Inform the Complainant about campus and community resources, including no-contact orders;
• Inform the Complainant of the right to file a Formal Complaint and the right to seek Informal Resolution after filing a Formal Complaint; ascertain the Complainant’s expressed preference for resolution (Informal Resolution, Formal Resolution, or neither); and discuss with the Complainant any concerns or barriers to participating in any investigation and resolution by Pratt;
• Explain Pratt’s prohibition against Retaliation and that Pratt will take prompt action in response to any act of Retaliation;
• Assess the nature and circumstances of the report, including whether it provides the names and/or other information that personally identifies the Complainant, the Respondent, any witness, and/or any other third party with knowledge of the reported incident;
• Ascertain the ages of the Parties, and if either of the parties is a minor (under 18), and follow any applicable reporting protocols; 
• Coordinate with appropriate officials regarding Clery Act reporting, if applicable;
• Ensure that the Complainant receives a written explanation of all available resources and options, and is offered the opportunity to meet and discuss the resources and options;
• Assess any threat to the safety or well-being of the Complainant or the Pratt community. A non-exhaustive list of safety factors to be considered by Pratt includes:
  • Whether there have been other sexual misconduct reports or complaints about the same Respondent;
  • Whether the incident involves a weapon or violence;
  • Whether the Respondent has a history of arrests or disciplinary records;
  • Whether the incident represents an escalation in and unlawful conduct on behalf of the Respondent from previously noted behavior;
  • Whether there is an increased risk that the Respondent will commit additional acts of violence; and other aggravating circumstances.

Where the Complainant requests that personally-identifying information not be shared with the Respondent, that no investigation be pursued, and/or that no further action be taken, the Title IX Coordinator will seek to honor the preferences of the Complainant wherever possible taking into consideration the safety factors listed above and its legal obligations. The Title IX Coordinator will determine whether the Title IX Coordinator will sign a Formal Complaint even if the Complainant declines to do so. Where the Title IX Coordinator has determined that the Institute must proceed with a Formal Complaint despite a Complainant’s request to the contrary, the Title IX Coordinator will make reasonable efforts to protect the privacy of the Complainant. However, Pratt’s investigation will involve speaking with the Respondent and others who may have relevant information, in which case the Complainant’s identity may have to be disclosed. In such cases, the Title IX Coordinator will notify the Complainant that Pratt intends to proceed with the Formal Complaint, but that the Complainant is not required to participate in the investigation or in any other actions undertaken by Pratt. In all cases, the initial report, intake assessment, and the determinations of the Title IX Coordinator will be documented and retained by Pratt in accordance with applicable law.

1. Bystander Reports
   If the Institute receives a report of alleged sexual misconduct by someone other than the alleged victim (e.g., by a friend or coworker, roommate, resident advisor), the Institute’s Title IX Coordinator will promptly notify the alleged victim of the report, and inform the alleged victim of the available resources and assistance. To the extent possible, the Institute will respond to the report of sexual misconduct as if the victim had made the initial report.
2. Anonymous Reporting
   Reports regarding sexual misconduct may be made anonymously, but can give rise to a need to investigate. Anonymous reports will be preliminarily investigated, to the extent possible, both to assess the underlying allegation(s) and to determine supportive measures. However, anonymous reports typically limit the Institute’s ability to investigate and respond, depending on what information is shared. The Institute tries to provide supportive measures to all Complainants, which is impossible with an anonymous report where the Complainant is not identified. Because reporting carries no obligation to initiate a formal response, and as the Institute respects Complainant requests to not to take formal action in response to a report unless doing so would be clearly unreasonable or there is an unmitigated risk of harm to the reporting individual or other members of the Institute community, the Complainant is largely in control and should not fear a loss of privacy by making a report that allows the Institute to discuss and/or provide supportive measures.
3. Public Events and Climate Surveys
   Generally, information disclosed at public events and in climate surveys does not obligate the Institute to begin an investigation. This includes information shared in classroom writing assignments or discussions, human subjects research, or events such as “Take Back the Night” marches or speak-outs. The information may be used to inform educational and prevention efforts. Support measures may also result from such disclosures without formal Institute action. The Institute will take steps to ensure that answers to required climate surveys and assessments remain anonymous. No personally identifiable information will be included in any published results. Information discovered or produced as a result of these surveys will not be in any court proceeding except as required by a court action.
4. Reports with Employee Respondents
   Generally, allegations of Prohibited Conduct against an employee will be addressed by the Title IX Coordinator in partnership with the Institute’s Office of Human Resources. This includes student-employees when the Prohibited Conduct is alleged to have occurred in the context of their employment. 
5. Reports with Third-Party Respondents
   Any Respondent who is not an Institute student, faculty member, or staff member is generally considered a Third Party. The Institute’s ability to take appropriate corrective action against a Third Party may be limited, and will depend on the nature of the Third Party’s relationship, if any, to the Institute. The institute Title IX Coordinator will determine which office(s) will address allegations against all other Third-Party Respondents.

Available Supportive and Interim Measures

Supportive Measures

Complainants who report allegations that could constitute Prohibited Conduct under this policy have the right to receive supportive measures from Pratt Institute regardless of whether they desire to file a Formal Complaint, which may include Counseling Services, Health Services, academic adjustments or modifications, reasonable assistance from Campus Safety as appropriate. Supportive measures are non-disciplinary and non-punitive.  Supportive Measures are also available to Respondents.

Any individual who has been the victim of sexual misconduct may request assistance in changing academic, living, transportation, and working situations, as applicable. The Institute will grant such modifications, provided they are reasonable and available, regardless of whether the victim chooses to report the crime to law enforcement.

Interim Measures

Interim measures and/or adjustments may be made to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. During the fact-finding and investigatory phase, the Institute will offer and implement as applicable appropriate remediation measures including, but not limited to interim suspension, housing or academic accommodations, safety escorts and/or No Contact orders to ensure the safety of the community.  

A No Contact Order is a document issued by a Pratt administrator that is designed to limit or prohibit contact or communications between the parties. 

Emergency Removal 

Pratt Institute retains the authority to remove a respondent from the Institute’s program or activity on an emergency basis, where Pratt (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal.

If Pratt Institute determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal, by notifying the Title IX Coordinator in writing. The Institute will designate an individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable.

Administrative Leave 

If necessary, Pratt retains the authority to place a non-student employee respondent on administrative leave, suspension, or other discipline during a pending complaint process under this policy, with or without pay as appropriate, consistent with Institute policy and/or the respective CBA. 

Advisor of Choice and Participation of Advisor of Choice

Each party has the right to choose and consult with an Advisor of their choice. The Advisor may be any person, including an attorney. 

Parties in this process may be accompanied by an Advisor to any meeting or related hearing to which they are required or are eligible to attend. The Advisor is not an advocate. Except where explicitly stated by this Policy, Advisors shall not participate directly in the process, with exception that only an Advisor may conduct cross-examination during a live hearing. 

Pratt Institute will provide the parties equal access to advisors; any restrictions on advisor participation will be applied equally. 

A union-represented employee may also be entitled to having a union representative present in addition to their advisor of choice. The advisor and/or union representative may consult with the party that they are assisting at appropriate times, but may not interfere with the investigation or complaint resolution process.

Confidentiality

Pratt values the privacy of its students, employees, and other community members. Community members should be able to seek the assistance they need without fear that the information they provide will be shared more broadly.  

Confidentiality refers to confidential resources who are not required to redisclose Prohibited Conduct to law enforcement or college officials without the disclosing party’s permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean Pratt offices and employees who cannot guarantee confidentiality, but will maintain privacy to the greatest extent possible, such that information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. Pratt will limit the disclosure as much as practicable. 

Pratt’s offices and employees who cannot guarantee confidentiality will maintain the individual’s privacy to the greatest extent possible. Information provided to a non-confidential resource will only be relayed as necessary for the Title IX coordinator to investigate and/or seek a resolution. 

Note that Pratt will maintain as confidential any supportive measures provided to a party, to the extent that maintaining such confidentiality would not impair the ability of the Institute to provide the support measures. Pratt will keep confidential who has made a report or complaint of sex discrimination, including sexual harassment, as well as any respondent or witness, outside of necessary disclosures of information to comply with federal and state law, and to conduct an investigation or hearing under this Policy.  

As to matters involving students, under federal privacy laws, the investigative report, statements of one party that are shared with the other party in the resolution process, and any documents prepared by Pratt, including documents by or for the adjudicators in advance of the hearing and the hearing transcript, constitute education records which may not be disclosed outside of the proceedings, except as may be required or authorized by law. Access to materials will be provided only by a secure method and parties and advisors are not permitted to make copies of any documents shared or make use of the documents outside of the processes described in this policy. Inappropriately sharing materials provided during this process may constitute retaliation and result in disciplinary action. 

Generally, the Institute will not share information about a report or record of prohibited conduct under this Policy without the permission of the party, unless required by law. The Federal Education Rights and Privacy Act (FERPA) permits institutions to share information with parents/guardians of students 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.

Resolution Processes

Resolution processes, including Investigations and adjudications, including Informal Resolution, are initiated with a Formal Complaint. This section describes how to file a Formal Complaint and the investigation and resolution processes available depending on the type of Prohibited Conduct alleged to have occurred. All institutional notices described in this policy will be sent to Parties through their institutional email, if applicable. It is the responsibility of Parties to maintain and regularly check their institutional accounts.

Inquiries about Pratt’s application of Title IX and its implementing regulations, Title VII of the Civil Rights Act of 1964, the Clery Act, as amended by VAWA, and, in New York, the New York State and City human rights laws and Article 129-B of the New York Education Law, under this policy may be addressed to Pratt’s Title IX Coordinator.  Inquiries concerning the Clery Act or VAWA may also be referred to the United States Department of Education, Clery Act Compliance Division. Inquiries concerning the application of Title IX and its implementing regulations may be referred to the United States Department of Education, Assistant Secretary, Office for Civil Rights, at OCR@ed.gov or (800) 421-3481.

Pratt Institute has the right to revise this Policy at any time.  Any new or revised Policy shall be deemed to be in effect upon being published on the Institute’s Office of Title IX and Nondiscrimination website.  Any matters already under way shall continue under the procedures in effect as of the date of the written Notice of Allegations, unless the Parties are otherwise provided written notice that a different policy or procedure shall apply.

• Community Standards
• Nondiscrimination and Anti-Harassment