Pursuant to Article 129-B, Section 6443, of the New York State Education Law, in all cases involving sexual assault, domestic or dating violence, or stalking, all Pratt Munson students have the right to:
- Make a report to local law enforcement and/or state police;
- Have disclosures for 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 judicial or conduct process and/or criminal justice process free from pressure by Munson and Pratt Munson College of Art and Design;
- 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 health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few institutional representatives as practicable;
- Be protected from retaliation by Munson and Pratt Munson College of Art and Design, any student, the accused and/or the Respondent, and/or their friends, family, and acquaintances within the jurisdiction of the Institute;
- 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, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the Institute.
Anyone reporting an incident of sexual assault, domestic or dating violence, or stalking has the right to:
- Notify Campus Safety, local law enforcement, or the New York State Police;
- Emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual and who can provide information, including options;
- Information, where applicable, of the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;
- Know that the criminal justice process utilizes different standards of proof and evidence than the Institute’s procedures and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney;
- If they are a student, to contact the Institute’s Health and Counseling Center, where they may be offered confidential resources pursuant to applicable laws/College policies and can be assisted in obtaining services for reporting individuals; or to contact off-campus confidential resources;
- Disclose confidentially the incident and obtain services from the state or local government;
- Disclose the incident to Institute employees who can offer privacy or, in appropriate cases determined by the Title IX Coordinator, confidentiality, subject the Institute’s Sex Discrimination, Sex-Based Harassment, and Sexual Misconduct Policy;
- Make a report of sexual assault, domestic violence, dating violence, and/or stalking and consult the Title IX Coordinator and other appropriate Institute personnel for information and assistance. Reports shall be investigated in accordance with Institute policy. A reporting individual’s identity shall remain private if that is what the reporting individual wishes, however privacy is not the same as confidentiality. Private information can be shared to implement and fulfill the Institute’s obligations under the law and its policies and procedures;
- Disclose, if the accused is an employee of the institution, the incident to Human Resources or to request that a private employee assist in reporting to Human Resources;
- Receive assistance from appropriate Institute representatives if interested in initiating legal proceedings in family court or civil court, such assistance to consist of facilitation in contacting appropriate local agencies who can provide direct assistance with court proceedings; and
- Withdraw a complaint or involvement from the Institute processes at any time.
