Reporting a Violation.Students who wish to report Covered Sexual Harassment should contact the Title IX Coordinator for Student Issues, a Deputy Title IX Coordinator, or the Department of Public Safety. Students may also report a violation through the University’s online reporting hotline. Students making a report may ask to remain anonymous and may also request that a Formal Complaint not be pursued, and the University will weigh that request against its obligation to provide a safe, nondiscriminatory environment for the community. When Affirmative Consent is withdrawn, or can no longer be given, sexual activity must stop. It is the responsibility of the student who initiates sexual contact to obtain this Affirmative Consent; in other words, to confirm that the person with whom the student is involved has consented to engage in a sexual activity. It is an affirmative defense to the crime of rape in the second degree the defendant was less than four years older than the victim at the time of the act.
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Student Policy Prohibiting Sexual Assault, Domestic Violence, Dating Violence & Stalking
In addition to sanctions imposed by the University, drug violations may be referred to the appropriate external authorities. Violations of law, including the New York State Penal Law and the Federal Controlled Substance Act, may result in penalties ranging from fines through imprisonment. A University conduct charge for Drugs will be issued to students who violate any of the prohibitions listed above. Charges are issued based on evidence suggesting a violation has occurred (including witness statements, smell of marijuana, smoke, towel under door, open window, fan in operation, etc.). Students will have the opportunity to challenge evidence in accordance with the procedures set forth in the Code of Community Standards. Hofstra University policies relating to fire safety are in accordance with New York state law and NassauCounty ordinances.
The information students provide to a non-confidential resource will be relayed only as necessary for the University to respond. All other University employees who receive information about Prohibited Conduct are encouraged to report all relevant information to the Title IX Coordinator for Student Issues. Where students have not taken the steps necessary to make a Complaint as described in How to Make a Complaint and Begin the Disciplinary Process, fourteen days following the issuance of the no-contact orders, unless otherwise directed by the University. The time period for all other interim protections and accommodations will be determined by the University in its discretion. Failure of students to adhere to the parameters of any no-contact order is a violation of this Policy and may lead to additional disciplinary action. The terms “sexual act” or “sexual activity” as used within this Policy refer to the acts described in the definition of Sexual Assault.
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Any evidence introduced at the hearing shall be part of the hearing record (“Hearing Record”). Noticeof Hearing.The parties shall be informed by the Office of Community Standards, in writing, of the date, time, and place of the hearing. The hearing will be scheduled reasonably promptly following the initiation of the Complaint. The complainant and respondent shall be allowed a reasonable amount of time to prepare for the hearing. Only an Administrative Board will adjudicate proceedings under this Policy; student board hearings are not available for these proceedings.