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    The Culinary Institute of America
   
 
  Oct 24, 2017
 
 
    
2017–2018 Student Handbook

Student Policies



This section will help you become familiar with the CIA’s policies and regulations governing student life. You have the right to a safe, engaging, and productive experience at the college, and these policies and regulations help ensure such an environment for all students.

Student Policies

Alcohol and Drug Policy

Purpose

The Culinary Institute of America (CIA) is committed to the prevention of alcohol and drug abuse. In addition, the CIA is committed to supporting and adhering to local, state, and federal laws regarding alcohol consumption and the prohibition on the use of illicit or controlled drugs and other substances. 

Policy Statement

The Culinary Institute of America is committed to creating and maintaining a campus and work environment that is free of drug and alcohol abuse and complies with all federal, state, and local laws governing the service and consumption of alcohol and the use and possession of illegal substances. 

The CIA prohibits:

  • The unlawful use, manufacture, distribution, dispensation, sale, transportation, purchase, or possession of any non-prescription drugs or controlled substances on its owned, operated, or controlled property or any other location; 
  • Possession of drug paraphernalia;
  • The unlawful service, distribution, sale, possession, consumption, or other unlawful use of alcoholic beverages;
  • Unlawful behaviors involving alcohol, drugs or controlled substances including, but not limited to, underage drinking, public intoxication which impacts the CIA, driving under the influence of alcohol or drugs, and manufacturing, distributing, and using false identification;
  • The unlawful use, purchase and distribution of medication, including but not limited to, prescription and over-the-counter medications.
  • The reckless or intentional a) acts that endanger mental or physical health, or b) conduct which creates a substantial risk of injury, to a person in the course of initiation or affiliation with any organization, club, or institution.
  • Any activities involving the forced consumption of alcohol or drugs, including activities encouraging consumption of large amounts of alcohol or repeated consumption of alcohol in a confined amount of time.

The CIA imposes sanctions for illegal alcohol or drug use and violation of this policy. In addition, individuals violating the law with the use of alcohol and drugs may be subject to criminal charges as applicable under local, state, or federal law. The CIA will cooperate fully with all civil authorities and enforcement agencies. 

Rules Governing Campus Alcohol Use

The states of New York, California, and Texas and the campus alcohol policy limit possession and consumption to those persons 21 years of age or older.

  1. Members of the campus community may not give or serve alcoholic beverages to anyone under the legal drinking age. This includes purchasing alcoholic beverages for underage persons, or in any way allowing them to take, have, or help themselves to alcoholic beverages.
  2. Members of the campus community may not engage in any public consumption of alcoholic beverages in or on CIA-owned facilities or properties. The exceptions to this regulation are when consumption is part of the legal, accepted course work within the CIA’s classrooms, laboratories, and public restaurants, during approved school functions, in the public restaurants, at a CIA-sanctioned event, and at the Student Recreation Center in designated areas.
  3. Open containers of any alcoholic beverage are prohibited in any indoor or outdoor public area of the CIA, including parking areas, athletic fields, gazebos, outdoor patios, sidewalks and walkways, wooded areas on CIA property, or in the common areas.
  4. Beer kegs are not permitted anywhere on campus, except in approved campus restaurants. Excessive amounts of alcohol are not permitted in student residence hall rooms—not to exceed twelve 12-ounce containers of beer or pre-mixed beverage alcohol (totaling 144 oz), or two 750ml bottles of wine, or one fifth of distilled alcohol per assigned resident of legal drinking age. Guests may not bring additional amounts.
  5. At any given time, alcohol present or stored in a shared area may not exceed twenty-four 12-ounce containers of beer or pre-mixed beverage alcohol (totaling 288 oz), four 750 ml bottles of wine, or one-fifth of distilled spirits pending all assigned residents and/or guests are 21 years of age or older.
  6. Beer or other alcohol-related drinking games (e.g., beer pong, funneling, and flip cups) are strictly prohibited anywhere on campus. Also prohibited are “all-you-can-drink” activities.
  7. Any member of the CIA administration can terminate an activity involving alcohol at any time at their discretion if the activity is believed to be in violation of campus alcohol guidelines.
  8. Students are prohibited from providing any identification or evidence of age that is false, fraudulent, or not actually his or her own, for any purpose including that of obtaining or attempting to obtain alcohol.
  9. Alcohol possessed in violation of campus alcohol restrictions will be confiscated and disposed of by designated CIA administration. Confiscation of alcohol will take place under the following conditions:
    1. If those individuals are in possession or consuming alcohol under the state legal drinking age of 21 years;
    2. If the individuals are deemed by a CIA official to be endangering themselves or others by continuing to possess or consume alcohol, even if the individual is of legal drinking age;
    3. If the individual has an open container of alcohol or is consuming alcohol in a public area outlined in (c) above;
    4. If the individual is of 21 years or older and has any open container(s) of alcohol in a residence hall room where a minor is present. The only exception is when the minor is the roommate, and they are the only two people in the room;
    5. If the individual is found in possession of alcohol, in an open or closed container, in any designated alcohol-free environment, such as Hudson Hall on the Hyde Park campus; or
    6. If the individual is in possession of amounts greater than those previously specified in (d) above.

Rules Governing the Use of Illegal Drugs and Substances

The CIA will not tolerate the possession, use, or sale of illegal drugs and substances.

  1. No one may use, possess, sell, distribute, or be in the presence of illegal drugs or substances, or drug paraphernalia anywhere on CIA grounds or at CIA-sponsored events on or off campus.
  2. Individuals who are arrested by civil authorities for illegal drug use or possession, or who fail drug tests for or at an externship site or other employment, will also be subject to CIA sanctions.
  3. No one may use, possess, sell, distribute, or be in the presence of the use of any prescription drugs or other medications that are not specifically prescribed to the user. The inappropriate use of prescription and over-the-counter drugs, even by those to whom the medication is prescribed, is also prohibited.
  4. The CIA’s drug policy remains in effect for students on externship since this is an integral part of the academic program.
  5. A student who has been convicted of any offense under federal or state law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance during the period beginning on the date of such conviction and ending after an interval specified by the federal government.
  6. Any student requiring medical treatment for a drug overdose may be prevented by the CIA from continuing in classes pending further evaluation and treatment that may involve an extended leave of absence.
  7. The use, possession, cultivation, or being under the influence of marijuana whether or not for medical purposes is not permitted in or on any CIA campus, facility, or property; nor is it permitted at any CIA-sponsored event or activity that takes place in an off-campus environment.

Approved Use at Approved Student Functions

  1. To serve alcoholic beverages at functions which involve students, individuals must receive prior approval from:
    1. Hyde Park—Associate Dean of Student Activities/Recreation
    2. Greystone—Managing Director
    3. San Antonio—Managing Director
  2. Supervising members of CIA administration must be present for the full duration of any student function where alcohol is served.
  3. The quantities of alcohol allowed to be served will be limited to a specific amount, at the discretion of the office authorizing the function.
  4. Members of the campus community are not permitted to consume alcoholic beverages at student functions while wearing a chef’s or table service uniform.
  5. Students are required to carry a valid CIA student ID card at all locations and student functions where alcohol is being served. Individuals under 21 years of age will not be permitted to order, purchase, or consume alcoholic beverages. At certain functions, as determined by the supervisor(s) of the event, individuals under 21 years of age may not be permitted to enter the function area.
  6. Individuals who appear to be intoxicated, as determined by the supervising staff, will not be permitted into the location or student function.
  7. The possession and consumption of alcohol will be limited to beverages sold or served at the approved event or location. Individuals may not bring additional alcoholic beverages to, or take alcohol from, the designated function area.

Use of CIA Vehicles

Students who are authorized drivers of CIA vehicles are prohibited from being under the influence of drugs or alcohol while operating these vehicles. The CIA reserves the right to test students for the use of drugs or alcohol following any accident in which they are in a CIA vehicle. The use of drugs or alcohol while operating a CIA vehicle will result in immediate suspension of the driver’s ability to operate these vehicles, in addition to penalties for policy violations.

Service of Alcohol at CIA-Sanctioned Events

The CIA is committed to the responsible and safe service of alcoholic beverages at CIA-sanctioned events.

  1. Alcohol may only be dispensed by CIA employees or student employees at events. Student volunteers, under the direct supervision of a CIA staff manager, may occasionally be utilized to assist in serving alcohol.
  2. All alcohol will be dispensed under the supervision of a member of the CIA administration.
  3. Student employees of the CIA who are dispensing alcohol must do so under the direct supervision of a staff supervisor who is certified by TIPS, ServSafe, or an equivalent program.
  4. Student employees of the CIA are required to immediately notify a member of management should they believe that a patron or guest has reached the limit of safe alcohol consumption. The manager will limit further alcohol consumption if appropriate.
  5. Student employees who over-serve a patron or guest, serve alcohol to a minor, improperly offer free or complimentary alcohol, or serve a guest who has had consumption limited by management will be subject to termination of their student employment and may face further sanctions.

Drug and Alcohol Abuse Prevention Programs

The CIA offers a Drug and Alcohol Abuse Prevention Program to its students that includes an annual notice to all students with the following information:

  1. The standards of conduct outlined under this policy;
  2. A description of the local, state, and federal legal sanctions for the unlawful possession or distribution of illicit drugs and alcohol;
  3. A description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
  4. A description of the available drug or alcohol counseling, treatment, or rehabilitation or re-entry programs for students; and
  5. A copy of the disciplinary sanctions that can be issued under this policy.

The CIA conducts a biennial review of its prevention programs to determine their effectiveness and implement changes to the programs if they are needed. As a part of this review, the CIA will ensure that the disciplinary sanctions listed below are consistently enforced.

The CIA will submit a written certification of its drug and alcohol abuse prevention programs to the office of the Secretary, Department of Education, as required by law on a regular basis.

Penalties for Policy Violation

CIA sanctions may be imposed in addition to sanctions applicable under local, state, or federal law. The CIA will cooperate fully with all civil authorities and enforcement agencies.

Students who violate the alcohol and drug policy can receive a sanction ranging from written warnings, fines, demerits, community service, and suspension from the CIA and/or loss of campus housing privileges. Serious or repeated violations may also result in expulsion from the CIA. The severity of penalties will increase with repeated violations of CIA policy. In addition to sanctions, students may be expected to complete individualized educational sessions, assessment by a licensed counselor or medical doctor that may include drug testing, and/or completion of specified drug/alcohol rehabilitation programs.

In addition to the sanctions indicated above, a Student who possesses or uses illegal drugs or substances and/or drug paraphernalia will be subject to suspension for the following length of time:

First offense: 15–24 weeks
Second offense: Two years

A student suspended for a drug violation may not be eligible to reside on campus upon return to classes. Following a first drug offense, a student may petition to the associate vice president and dean of student affairs in writing to reside on campus, but is not guaranteed housing. A student found responsible for a second drug offense is not eligible to reside on campus. If the CIA determines that a student has been involved in the sale of illegal drugs, that student will be permanently expelled from the CIA.

Charges and sanctions for all violations are given in writing. Students charged with violations have three business days from receipt of their letter to request an appeal of their sanction, other than written warnings, through the process outlined in the Student Code of Conduct found in this Student Handbook and specific to each of the branch campuses.

Description of Health Risks of Alcohol and Drugs

Alcohol: Health hazards associated with the excessive use of alcohol or with alcohol dependency include dramatic behavioral changes, retardation of motor skills, and impairment of reasoning and rational thinking. Alcohol alters judgment, vision, speech, and coordination, and severely impairs your ability to function. These factors result in a higher incidence of vehicular and other accidents and accidental death for such persons compared to nonusers of alcohol. Nutrition also suffers and vitamin and mineral deficiencies are frequent. Prolonged alcohol abuse can cause any or all of the following: bleeding from the intestinal tract, damage to nerves and the brain, impotence, psychotic behavior, loss of memory and coordination, damage to the liver often resulting in cirrhosis, severe inflammation of the pancreas, and damage to the bone marrow, heart, testes, ovaries, and muscles. Damage to the nerves and organs is usually irreversible. Cancer is the second leading cause of death in alcoholics and is 10 times more frequent than in non-alcoholics. Sudden withdrawal of alcohol from persons dependent on it will cause serious physical withdrawal symptoms. Drinking during pregnancy can cause fetal alcohol syndrome. Overdoses of alcohol, often from the result of binge drinking, can result in alcohol poisoning, respiratory arrest, and death.

Drugs: The use of illicit drugs usually causes the same general types of physiological and mental changes as alcohol, though frequently those changes are more severe and more sudden. Death or coma resulting from overdose of drugs is more frequent than from alcohol.

Marijuana (Cannabis): Marijuana is usually ingested by smoking. Smoking marijuana causes disconnected ideas, alteration of depth perception and sense of time, impaired judgment, and impaired coordination. Prolonged use can lead to psychological dependence. Marijuana contains THC, a psychoactive chemical which alters the sensory activities of the brain, including long-term damage to memory capabilities. Inhaling marijuana smoke can cause lung cancer, and chronic use can adversely affect reproductive ability in women.

Cocaine: Cocaine is a stimulant that is most commonly inhaled as a powder. It can be dissolved in water and used intravenously. The cocaine extract (“crack”) is smoked. Users can progress from infrequent use to dependence within a few weeks or months. Psychological and behavioral changes that can result from such use include over-stimulation, hallucinations, irritability, sexual dysfunction, psychotic behavior, social isolation, and memory problems. An overdose produces convulsions and delirium and may result in death from cardiac arrest. Cocaine dependency requires considerable assistance, close supervision, and treatment.

Amphetamines: Patterns of use and associated effects are similar to cocaine. Severe intoxication may produce confusion, rambling or incoherent speech, anxiety, psychotic behavior, ringing in the ears, and hallucinations. Intense fatigue and depression resulting from use can lead to severe depression. Large doses may result in convulsions and death from cardiac or respiratory arrest.

MDA and MDMA (XTC, Ecstasy): These amphetamine-based hallucinogens are sold in powder, tablet, or capsule form and can be inhaled, injected, or swallowed. They cause similar, but usually milder, hallucinogenic effects than those of LSD. Because they are amphetamines, tolerance can develop quickly and overdosing can occur. Exhaustion and possible liver damage can occur with heavy use. In high doses, these drugs can cause anxiety, paranoia, and delusions. While rare, these drugs have been associated with deaths in users with known or previously undiagnosed heart conditions.

Rohypnol (Rophies, Roofies, Rope): This drug is similar to the drug Valium, a benzodiazepine, but it is more potent than Valium. Initially, it causes a sense of relaxation and a reduction of anxiety. At higher doses, light-headedness, dizziness, lack of coordination, and slurred speech occur. The drug affects memory and, in higher doses or if mixed with other drugs or alcohol, can result in amnesia for the time period the user is under the influence. Because of its amnesiac effect, Rohypnol has been given intentionally to others to facilitate sexual assault and other crimes. Combining this drug with other sedating drugs, including alcohol, will increase the intensity of all effects of the drug and, in sufficient doses, can cause respiratory arrest and death. Dependency can occur.

Heroin and Other Opiates: Addiction and dependence can develop rapidly. Use is characterized by impaired judgment, slurred speech, and drowsiness. Overdose is manifested by coma, shock, and depressed respiration, with the possibility of death from respiratory arrest. Withdrawal problems include sweating, diarrhea, fever, insomnia, irritability, nausea, vomiting, and muscle and joint pains.

Hallucinogens or Psychedelics: These include LSD, mescaline, peyote, and phencyclidine or PCP. Use impairs and distorts one’s perception of surroundings, causes mood changes, and results in visual hallucinations that involve geometric forms, colors, and persons or objects.

Solvent Inhalants (e.g., glue, lacquers, plastic cement): Fumes from these substances cause problems similar to alcohol. Incidents of hallucinations and permanent brain damage are more frequent with chronic use.

Damage from Intravenous Drug Use: In addition to the adverse effects associated with the use of a specific drug, intravenous drug users who use unsterilized needles or who share needles with other drug users can develop HIV, hepatitis, tetanus (“lock jaw”), and infections in the heart. Permanent damage or death can result.

Alcohol and drug use increases the risk of sexual assault and other violence.

Availability of Counseling, Treatment, and Rehabilitation

Use of alcohol or other substances may be the way one has learned to cope with personal stress. Yet, students may experience decreased academic performance, relationship dissatisfaction, health concerns, anxiety, and other negative side effects from the misuse of alcohol and other drugs. Counseling, treatment, and rehabilitation resources are available at or through each of the CIA campuses. Counseling and Psychological Services (CAPS) on the New York campus and counseling on the California campus can provide a confidential assessment to better understand patterns of use and the role alcohol or drugs are playing in an individual’s life. The staff therapists can assist the individual with planning a broad approach to deal with substance misuse and related personal matters. As needed, the CAPS staff/therapist works in collaboration with community-based treatment centers and self-help resources. Personal counseling is also available for individuals who have been affected by a family member’s or friend’s alcohol or drug use. Please note that the CIA does not provide court-ordered assessment or treatment, but can refer the individual to appropriate providers for those situations.

New York campus:

  • CAPS may be contacted at 845-905-4241, or at the CAPS office, Student Commons, room 218.
  • Alcoholics Anonymous and Narcotics Anonymous groups in the Hyde Park area can be located online at www.ny-aa.org or at www.newyorkna.org.

California campus:

  • Counseling may be contacted at 707-967-2443, or at the Counseling Office in the main entryway of the Greystone building in the Rhodes Room.
  • The Napa County help line for substance abuse may be reached at 707-253-4771; and the Napa County Crisis Hotline may be reached at 707-253-4711.
  • Alcoholics Anonymous and Narcotics Anonymous groups in the St. Helena area can be located online at www.aanapa.org or at www.sonomacountyaa.org.

Texas campus:

  • Bexar County Mental Health may be contacted at 210-207-2581, 24 hours a day. Individuals should check with their insurance provider for a list of therapists and psychiatrists in Bexar County who accept your insurance.
  • Alcoholics Anonymous and Narcotics Anonymous groups in the San Antonio area can be located online at www.aasanantonio.org or at www.eanaonline.org.

Sanctions Under Applicable Laws

Laws governing the misuse or abuse of alcohol vary from state to state. Click on the link to view the applicable state laws and sanctions for your campus location:

       

    

   

Penalties Under Federal Law

  • Manufacture, Distribution, or Dispensing of Drugs (including marijuana). The minimum penalty is a term of imprisonment for up to three years and a fine of $250,000, or both. The maximum penalty is a term of life imprisonment without release (no eligibility for parole) and a fine not to exceed $8,000,000 for an individual or $20,000,000 (if other than an individual).
  • Possession of Drugs (including marijuana). The minimum penalty is imprisonment for up to one year and a fine of not less than $1,000, or both. The maximum penalty is imprisonment for not more than 20 years nor less than five years and a fine of not less than $5,000 plus costs of investigation and prosecution.
  • Distribution of Drugs to a Person Under 21 Years of Age. The minimum penalty is double the federal penalty for distribution of drugs. The maximum penalty is triple the federal penalty for distribution of drugs.

The federal penalties described above are based on applicable federal statutes and are subject to change at any time by Congress and the president. There are additional factors in the federal sentencing guidelines, including various enhancement provisions for prior offenses. Title 21 U.S.C. Section 860 provides that the federal statutory penalties double (and in some cases triple) when a controlled substance is distributed (or even possessed with intent to distribute) within 1,000 feet of a school or a public university.

Credit Card Marketing to Students Policy

Purpose

The CIA prohibits the advertising, marketing, or merchandising of credit cards to students. 

Policy Statement

The Culinary Institute of America prohibits the advertising, marketing, or merchandising of credit cards to students on any U.S. domestic campus or at any CIA-sponsored program(s). Banks, credit unions, and other businesses approved by the associate vice president and dean—student affairs to be present at student orientation or other campus activities may not provide credit card applications to students during those events.

Any exception to the prohibition outlined will be considered by the associate vice president and dean—student affairs to ensure it complies fully with applicable state and federal laws.

Hate/Bias Crimes

Hate crimes, also called bias crimes or bias-related crimes, are motivated by a person’s bias or attitude against a victim or group based upon their protected classification, including, but not limited to, race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, marital status, veteran status, ancestry, or national or ethnic origin. The victim, and indeed the entire college community, is adversely affected by such behavior, which may include bias-related physical or verbal misconduct, use of racial or sexual slurs, threats, intimidation, harassment, and hazing.

State and federal laws (NYS Hate Crimes Act of 2000, California’s Bane Act, Texas Hate Crimes Act, and the Federal Hate Crimes Prevention Act of 2009) sanction individuals convicted of a hate crime with penalties ranging from fines to imprisonment depending on the nature of the crime, use of violence, or previous convictions. A student who commits a hate crime is also subject to campus disciplinary procedures with sanctions including, but not limited to, demerits, fines, suspension, or expulsion.

Procedures for the investigation, adjudication, and reporting of hate crimes are contained within the CIA’s Harassment, Sexual Misconduct, and Discrimination Policy

For more information on hate crimes, please consult with Campus Safety/Security, a Student Affairs staff member, or the CIA’s Title IX coordinator.

Hazing Policy

Policy Statement

The Culinary Institute of America prohibits hazing of any type on its campuses or in any CIA-sponsored program. In order to maintain public order and the safety of all, both within and outside of the campus community, any form of hazing—direct, indirect, or passive—is strictly prohibited. Violations of the Hazing Policy can result in severe consequences.

Hazing constitutes the activities of soliciting, directing, aiding, or otherwise participating actively or passively by any student, staff, faculty, visitor, contractor, or third party in a premeditated act of power and control over others which leads to victimization. Hazing is prohibited in the course of initiation in or affiliation with any organization.

Acts of hazing include, but are not limited to:

  1. The forced consumption of alcohol or drugs
  2. The forced consumption of food or drink
  3. Degrading an individual through humiliating activities
  4. Creating situations that cause physical harm or emotional strain
  5. Using brutality or force

Passive participation in hazing may include:

  1. Witnessing hazing as a group member, affiliate, or guest
  2. Participating in or being present in person or via technology in discussions where hazing is planned

Nothing set forth in this policy shall be construed to limit or restrict the freedom of speech and/or peaceful assembly.

The entire Hazing Policy can be found on the CIA Main Menu Policies and Procedures page.

Property Pass Policy

Purpose

The Culinary Institute of America is committed to protecting the assets of the college by preventing theft of its property, equipment, or other goods such as food products. This policy clarifies the acceptable use of such assets.

Policy Statement

The CIA purchases and provides equipment, food products, and other items for use by employees and students to meet the education mission and objectives of the college.

An employee or student may remove certain CIA-owned property, equipment, or other goods from a kitchen or the CIA premises only with a proof of purchase or appropriately signed CIA Property Pass or CIA Education Food Pass.

Certain items owned by the CIA may not be approved for removal from any CIA premises. These items include, but are not limited to, raw food products, ingredients, supplies, and alcohol.

Gifts, other items, or products received from business contacts, sponsors, or vendors (regardless if they are currently doing business with the college) are the property of the CIA and may not be approved for removal from CIA premises in accordance with this policy. Promotional gift items of a nominal value (T-shirts, ball caps, pens, etc.) may be removed from campus and are not subject to the controls of this policy.

The entire Property Pass Policy can be found on the CIA Main Menu Policies and Procedures page.

Protection of Minors Policy

Purpose

The Culinary Institute of America’s (CIA) Protection of Minors Policy outlines the CIA’s commitment to the protection and appropriate supervision of minors while in attendance at a CIA-sponsored program regardless of location or a third party-sponsored program.

Policy Statement

The Culinary Institute of America (CIA) only permits the presence of minors at a CIA-sponsored program or third party-sponsored program, on a U.S. domestic campus, or on a property owned or leased by the CIA in accordance with The Culinary Institute of America’s Protection of Minors Policy.

Unescorted or unsupervised individuals under the age of 18 years old are prohibited on a U.S. domestic campus, or on a property used, owned, or leased by the CIA, at a CIA-sponsored program or third party-sponsored program except as permitted by The Culinary Institute of America’s Protection of Minors Policy. In addition to the requirements found in the policy, minors are also subject to the same policies as any member of the CIA community.

An employee or student may only bring a minor to a U.S. domestic campus or property owned or leased by the CIA if a) the minor is a member of the employee’s or student’s immediate family, b) the minor is the grandchild of the employee or student, and/or c) the employee or student is the minor’s guardian. Any employee or student who brings a minor to a U.S. domestic campus is responsible for the supervision and care of such minor at all times if and when the minor is not in attendance at a CIA-sponsored program or third party-sponsored program. The minor must be in line of sight of the employee or student at all times.

Exceptions:

The Culinary Institute of America’s Protection of Minors policy applies to a CIA-sponsored program or third party-sponsored program in which minors will be physically present and participating, with the following exceptions:

  1. An academic program in which minors are enrolled for academic credit;
  2. Events on a U.S. domestic campus or property owned or leased by the CIA that are open to the general public or campus community AND that a minor may only attend with his or her guardian(s); or
  3. Preview Days, Campus Visits, or Open Houses for prospective students, and similar ongoing recruitment programs.

The entire Protection of Minors Policy can be found on the CIA Main Menu Policies and Procedures page.

Smoking and Tobacco Policy

Purpose

In accordance with laws governing smoking and tobacco use, The Culinary Institute of America’s Smoking and Tobacco Policy outlines the approved use of tobacco and electronic smoking products and devices, as a student on any U.S. domestic campus. The Smoking and Tobacco Policy at the CIA Singapore would follow the policy of Temasek Polytechnic. The adherence to and monitoring of the Smoking and Tobacco Policy is a collective responsibility of the entire campus community.

Policy Statement

The Culinary Institute of America’s Smoking and Tobacco Policy outlines the approved use of tobacco and electronic smoking products in order to comply with the law, protect the desires of both smokers and non-smokers, and keep in the tradition of a wellness-minded community.

The usage of tobacco products and electronic cigarettes as defined under this policy are prohibited in all indoor areas, including individual residence hall rooms and common areas. The CIA strictly prohibits the sale of tobacco products and/or any alternative on any U.S. domestic campus.

Violations of the CIA Smoking and Tobacco Policy may result in warnings, fines, and/or other disciplinary sanctions. This policy applies to all students, faculty, staff, contractors, visitors, and other individuals who are permanently or temporarily part of the CIA campus community.

The CIA reserves the right to modify the Smoking and Tobacco Policy.

In addition, permitted smoking locations may be relocated at the discretion of the administration.

Procedures

Use of tobacco products and electronic cigarettes is prohibited in all indoor areas, including individual residence hall rooms and common areas.

The use of tobacco products and electronic cigarettes by anyone who studies at, works at, or visits a CIA campus is only permitted within the designated areas or structures on campus.

To help keep the campus clean, smokers must use the ash urns provided in the designated areas and refrain from disposing of cigarette butts on the ground or the floor. Additionally, when using tobacco products that require an individual to eject saliva, an appropriate container must be used to act as a spittoon.

For information specific to your campus, including, but not limited to, enforcement, appeals, and designated smoking locations, see the Policy on Smoking and Tobacco on the CIA Main Menu Policies and Procedures page.

Social Media

Although the college does not monitor Facebook and other social media Internet sites for content, reported violations of the Student Code of Conduct or illegal activities through the use of these sites are grounds for disciplinary action by the college as well as possible criminal prosecution.

Student Computer and Network Usage Policy

Purpose

This is a college-wide policy adopted by The Culinary Institute of America (CIA) to allow for the proper use and management of all CIA computing and network resources. These guidelines pertain to all CIA campuses regardless of the networks or systems operated.

The CIA grants access to its networks and computer systems subject to certain responsibilities and obligations set forth herein and subject to all local, state, and federal laws. Appropriate use should always be legal, ethical, and consistent with the CIA’s mission.

Users must realize that providing access is a privilege provided by the CIA and should be treated as such. Enforcement of established rules will help provide a benefit to all users.

Information Technology Services (ITS)  views the CIA’s network and computing resources as shared resources and their use as a privilege. The primary purpose of these resources is to allow access to information that will support the CIA administration, educational process, and mission. Thus, network abuse or applications that inhibit or interfere with the use of the network by others are not permitted.

Should it be determined that network traffic being generated from any connection is drastically inhibiting or interfering with the use of the CIA’s network and computing resources by others, the college reserves the right to terminate any user’s access without notice.

Authorized Use

An authorized user is any student who has been granted access by the CIA to its computing and network resources and whose usage complies with this policy.

Privacy

Users must recognize that there is no guarantee of privacy associated with their use of CIA network and computer systems. The CIA may find it necessary to view electronic data and it may be required by law to allow third parties to do so (e.g., electronically stored data may become evidence in legal proceedings). It is also possible that messages or data may be inadvertently viewed by others.

Any information traffic sent over the CIA’s network and computing resources, whether wire or wireless, becomes CIA property. Users cannot have any expectation of privacy concerning this information, its source, or its destination.

Individual Responsibilities

Common Courtesy and Respect for Rights of Others

All users are responsible for respecting and valuing the privacy of others, behaving ethically, and complying with all legal restrictions regarding the use of electronic data. All users are also responsible for recognizing and honoring the intellectual property rights of others.

Communications on CIA computers (which includes any personal devices registered on the CIA network, regardless of ownership) or networks should always be businesslike, courteous, and civil. Such systems must not be used for the expression of hostility or bias against individuals or groups; offensive material such as obscenity, vulgarity or profanity; inappropriate jokes; or other non-businesslike material. Sexually explicit material, cursing, and name-calling are not appropriate communications. Users who engage in such activity will be subject to disciplinary action.

Content

Users who make use of forums, chat rooms, or social networking sites do so voluntarily, with the understanding that they may encounter material they deem offensive. Neither the CIA nor ITS assumes any responsibility for material viewed on these network communication utilities.

Furthermore, ITS reserves the right to limit access to any content deemed offensive or lacking in educational value.

To ensure security and prevent the spread of viruses, users accessing the Internet through our network and computing resources must do so through the CIA Internet firewall.

Copyright Infringement and Peer-to-Peer File Sharing

Under the Digital Millennium Copyright Act and Higher Education Opportunity Act (H.R. 4137), illegal distribution of copyrighted materials may be punishable by law. These materials include, but are not limited to, the unauthorized distribution of songs, videos, games, textbooks, or other type of creative content.

In addition to any other charges that might be brought against you, the copyright holder can file suit, which can result in legal fees and damages that must be paid.

Therefore, peer-to-peer file sharing is not allowed and is blocked on the CIA network using bandwidth-shaping technology. The CIA is legally obligated to assist authorities in identifying individuals who violate copyright law pertaining to peer-to-peer file sharing. It is also in violation of the college’s policy to use technology designed to circumvent the blocking of this activity.

Responsible Use

All users are responsible for refraining from all acts that waste CIA computer or network resources or prevent others from using them. Computer accounts, passwords, and other types of authorization are assigned to individual users and must not be shared with or used by others.

Permitting Unauthorized Access

All users are prohibited from running or otherwise configuring software or hardware to intentionally allow access by unauthorized users.

Termination of Access

At the time you cease being a member of the CIA community, you may not use facilities, accounts, access codes, privileges, or information for which you are not authorized.

Unauthorized Activities

Users are prohibited from attempting to circumvent or subvert any security measures implemented for the CIA computing and network systems. The use of any computer program or device to intercept or decode passwords or similar access-control information is prohibited. This section does not prohibit use of security tools by ITS system administration personnel.

Deliberate attempts to degrade the performance of a computer system or network or to deprive authorized users of access to or use of such resources are prohibited.

Denial of Service Attacks

Denial of service attacks, “fire-bombing,” “flaming,” “hacking,” “cracking,” and any other type of malicious or mischievous intrusion or network attack against any network and computing resource user, any host on the CIA’s network, or any other host on the Internet by any member of the CIA community will be grounds for immediate removal of said individual from the CIA network.

Harmful Activities

The following harmful activities are prohibited: creating or propagating viruses; disrupting services; damaging files; intentionally destroying or damaging equipment, software, or data belonging to the CIA; and the like.

Unauthorized Access

All users are also strictly prohibited from: (1) damaging computer systems, (2) obtaining extra resources without authority, (3) depriving another user of authorized resources, (4) sending frivolous or excessive messages (e.g., chain letters), (5) gaining unauthorized access to CIA computing and networking systems, (6) using a password without authority, (7) utilizing potential loopholes in the CIA’s computer security systems without authority, and (8) using another user’s password.

Tampering of Equipment or Resources

No computer equipment, including peripherals, networking resources, or software applications, will be moved from its current location without authorization from ITS. This includes the tampering, modification, or additions to network software, hardware, or wiring.

Use of Licensed Software/Downloading

No software may be installed, copied, or used on CIA resources except as permitted by ITS. Software subject to licensing must be properly licensed and all license provisions (installation, use, copying, number of simultaneous users, term of license, etc.) must be strictly adhered to.

Only authorized personnel may install legal software on CIA-owned resources. The downloading of software via the Internet is prohibited due to the possibility of legal or copyright ramifications.

Network and computer resource users in the residence halls are responsible for the physical and software security of their personal computers. The registered owner of the computer will be held responsible for any violation of CIA or ITS policies traced back to the computer, regardless of whether or not the owner personally committed the violations.

Personal Business, Political Campaigning, and Commercial Advertising

The CIA’s computing and network systems are a CIA-owned resource and business tool to be used only by authorized persons for CIA business and academic purposes. Except as may be authorized by the CIA, users should not use the CIA’s computing facilities, services, and networks for (1) compensated outside work, (2) the benefit of organizations not related to the CIA, except in connection with scholarly pursuits (such as faculty publishing activities), (3) political campaigning, (4) commercial or personal advertising, or (5) the personal gain or benefit of the user.

Responsibilities

The owner of the computer must be present whenever ITS personnel work on it. Before work will be done on your machine, you will sign a waiver releasing ITS from any liability.

Machines must meet or exceed minimum requirements for both hardware and software before an ITS staff member will do any work on them. See Technology on Campus, Wireless Network  for the details of these requirements. Any machine that requires ITS support will be verified as in full working condition before and after ITS does any work.

It is your responsibility to maintain and update virus and spyware software on your computer to avoid any Internet or wireless network performance issues.

Security

System Administration Access

Certain system administrators of the CIA’s systems will be granted authority to access files for the maintenance of the systems, as well as storage or backup of information.

CIA Access

The CIA may access usage data such as network session-connection times and end-points, CPU and disk utilization, security audit trails, network loading, etc. Such activity may be performed within the reasonable discretion of ITS management, subject to CIA approval.

Availability

ITS will make every effort to ensure the operation of the CIA network and the integrity of the data it contains. In order to perform needed repairs or system upgrades, ITS may, from time to time, limit network access and/or computing resources for regular or unexpected system maintenance. ITS will make every effort to give notice of these times in advance, but makes no guarantees.

As a CIA student, you waive the right to compensation for lost work or time that may arise from these shutdowns. Neither the CIA nor ITS can compensate you for degradation or loss of personal data, software, or hardware as a result of your use of CIA-owned systems or networks, or as a result of assistance you may seek from ITS personnel. You are responsible for making backup copies of your computer files.

Wireless Access Points

The Information Technology Department provides wireless service for use by students. Wireless access is also available to faculty, staff, and guests. Since wireless is provided centrally by ITS, the installation of private wireless access points (APs) and other devices used to boost wireless signal coverage is not allowed on campus. These devices can and do interfere with the CIA’s centrally provided wireless network system. The ITS Department will take steps to shut down any personal network access devices we detect.

Virus Protection and Device Security

All CIA computers, including file servers, utilize virus detection software. All personal devices such as desktops, laptops, or any other devices that may compromise the security of the CIA network are required to utilize a fully functioning and updated virus detection software application. In addition, all personal devices must be fully updated with the most recent vendor-supplied security patches.

Amendments

The Culinary Institute of America and Information Technology Services reserve the right to amend the policies herein as needed. Users will receive copies of these amendments whenever possible.

Transcript Notation Policy—NY

Purpose

In accordance with New York State Education Department Article 129-B, The Culinary Institute of America in Hyde Park, NY has established the following policy for required transcript notations.

Policy Statement

The Culinary Institute of America (CIA), Hyde Park, NY will make a notation on the transcript of a student found responsible, after the relevant investigation process and determination of appropriate sanctions, for a crime of violence committed in the state of New York. The notations will be in accordance with the requirements of NYSED Article 129-B.

The entire Transcript Notation Policy can be found on the CIA Main Menu Policies and Procedures page.

Vaccination Policy

Purpose

This policy identifies the vaccination requirements for students to attend The Culinary Institute of America (CIA).

Policy Statement

Individual State Public Health Laws require students who are in attendance at institutions of higher education to provide documentation of having received specified vaccinations, proof of immunity, or exemption to receiving vaccinations as outlined by the Centers for Disease Control and Prevention (CDC).

Students attending a U.S. domestic campus are required to be in compliance with The Culinary Institute of America’s Vaccination Policy.

The entire Vaccination Policy can be found on the CIA Main Menu Policies and Procedures page.

Weapons Policy

Purpose

The Culinary Institute of America is committed to maintaining a safe and secure environment that is free of violence. This obligation includes eliminating recognized hazards from the campus community that may contribute to violence or serious harm.

Policy Statement

No individual (student, staff, or faculty member or member of the general public) is permitted to bring a weapon or replica of a weapon of any kind onto college properties. Additionally, no student, staff, or faculty member may carry a weapon or replica of a weapon of any kind during college business travel. A weapon includes any device defined in this policy that in the manner used or intended is capable of producing death, harm, intimidation, or bodily injury to a person or property. This policy applies to all situations, whether the weapon is licensed or not. Only law enforcement officials acting within their official capacity shall be considered exempt from this policy.

Procedures

New York

  1. Any employee or student who becomes aware of a violation of this policy is required to immediately notify the Campus Safety Office. Upon assessing any real or imminent threat, the CIA reserves the right to call outside law enforcement officials for assistance and intervention at any time.
  2. The Campus Safety Office must report any student, staff, or faculty member who violates this policy to the appropriate offices.
    1. Staff and faculty members must be reported to the Human Resources Department.
    2. Students must be reported to the Student Affairs Office.
    3. All infractions must be reported to the vice president of finance and administration.
  3. Violation of this policy is a serious offense that endangers the safety of the CIA community. Therefore, any such offense may result in the immediate termination of employment for employees or the expulsion of a student.

California

  1. Any employee or student who becomes aware of a violation of this policy is required to immediately notify the Campus Safety Department and/or managing director, dean of education, or department head at the California campus. Upon assessing any real or imminent threat, the CIA reserves the right to call outside law enforcement officials for assistance and intervention at any time.
  2. Once notified of an infraction, the individual concerned must ensure that the violation is immediately reported to the managing director at Greystone (or designate in the case of absence) and the associate vice president—branch campuses.
  3. The managing director at the CIA at Greystone must report any student, staff, or faculty member who violates this policy to the appropriate offices.
    1. Staff and faculty members must be reported to the Human Resources Department at the New York campus.
    2. Students must be reported to the provost and Student Affairs Office at the New York campus.
    3. All infractions must be reported to the provost and vice president of finance and administration.
  4. Violation of this policy is a serious offense that endangers the safety of the CIA community. Therefore, any such offense may result in the immediate termination of employment for employees or the expulsion of a student.

Texas

  1. Any employee or student who becomes aware of a violation of this policy is required to immediately notify the managing director, director of education, or any department head at the Texas campus. Upon assessing any real or imminent threat, the CIA reserves the right to call outside law enforcement officials for assistance and intervention at any time.
  2. Once notified of an infraction, the individual concerned must ensure that the violation is immediately reported to the managing director at the CIA San Antonio (or designate in the case of absence) and associate vice president—branch campuses.
  3. The managing director must report any student, staff, or faculty member who violates this policy to the appropriate offices.
    1. Staff and faculty members must be reported to the Human Resources Department at the New York campus.
    2. Students must be reported to the Student Affairs Office at the New York campus.
    3. All infractions must be reported to the provost and vice president of finance and administration.
  4. Violation of this policy is a serious offense that endangers the safety of the CIA community. Therefore, any such offense may result in the immediate termination of employment for employees or the expulsion of a student.

The entire Weapons Policy can be found on the CIA Main Menu Policies and Procedures page.

Harassment, Sexual Misconduct, and Discrimination Policy

Adopted June 9, 2015

1. Policy Statement

The Culinary Institute of America (CIA) is committed to providing a working and learning environment free from harassment. Members of the CIA community, guests, and visitors have the right to be free from any form of harassment (which includes sexual misconduct and sexual harassment) or discrimination; all are expected to conduct themselves in a manner that does not infringe upon the rights of others.

The Culinary Institute of America prohibits harassment against individuals on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, marital status, veteran status, ancestry, or national or ethnic origin, or any protected group or classification under federal or state laws. These principles also apply to admissions, financial aid, academic matters, career services, counseling, housing, employment policies, scholarship programs, medical services, and all other programs and activities available at the CIA.

Members of the CIA community, guests, and visitors who believe that he or she has been or is being subjected to a form of harassment is strongly urged to use the resolution procedures described in this policy.

The Culinary Institute of America’s Harassment, Sexual Misconduct, and Discrimination Policy is consistent with Title IX of the Education Amendments of 1972, Title VI and Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act of 1967, the Genetic Information Non-Discrimination Act of 2008, and other applicable state or federal law. In some instances, this policy will be amended to extend beyond federal protections when state laws or statutes (such as California’s Leonard’s Law) provide compelling reasons to do so.

2. Non-Discrimination Statement

The Culinary Institute of America (CIA) is an Equal Opportunity Employer committed to the principle of equal opportunity in education and employment, in compliance with Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and other federal, state, and local laws.

The CIA does not discriminate against individuals on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, marital status, veteran status, ancestry, national or ethnic origin, or any other protected group or classification under federal or state laws. These principles also apply to admissions, financial aid, academic matters, career services, counseling, housing, employment policies, scholarship programs, medical services, and all other programs and activities available at the CIA.

The Culinary Institute of America, pursuant to Title IX, Title VII, and state laws, also prohibits sexual harassment, which includes sexual assault and sexual violence.

The Senior Director, Faculty Relations is designated as the Title IX Coordinator and Age Discrimination Act Coordinator for the CIA and is responsible for coordinating compliance with the above applicable laws, statutes, and regulations as set forth in this statement. Inquiries to the CIA concerning the application of the Age Discrimination Act and Title IX, and their implementing regulations, may be referred to the Title IX and Age Discrimination Act Coordinator, or to the Office for Civil Rights (OCR) of the U.S. Department of Education.

The Director of Compliance is designated as the Section 504 Coordinator for the CIA and is responsible for coordinating compliance under Section 504 of the Rehabilitation Act of 1973. Inquiries relating to Section 504 may be referred to the Section 504 Coordinator.

Additionally, complaints, including the procedure for filing a complaint regarding this Nondiscrimination Statement and the CIA’s compliance with Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and other federal, state, and local laws, may also be directed to the following Civil Rights Compliance Officers:

Joseph Morano, Senior Director—Faculty Relations
Title IX and Age Discrimination Act Coordinator
The Culinary Institute of America
1946 Campus Drive
Hyde Park, NY 12538
Office: Roth Hall, Room S-324
Telephone: 845-451-1314
E-mail: j_morano@culinary.edu

Maura King, Director—Compliance
Section 504 Coordinator
The Culinary Institute of America
1946 Campus Drive
Hyde Park, NY 12538
Office: Roth Hall, Room S-351
Telephone: 845-451-1429
E-mail: m_king@culinary.edu

Or

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 1-800-421-3481; FAX: 202-453-6012; TDD: 1-877-521-2172
E-mail: OCR@ed.gov

3. Policy

Verbal or physical conduct, intimidation, hazing, bullying, or stalking by or towards an individual based on a protected category can be viewed as harassment, or discrimination and is a violation of this policy depending on the circumstances of the incident.

  1. Harassment can take many forms, such as words, visual images, gestures, or other verbal or physical conduct by any means. To constitute harassment there must be a finding that the conduct was:
    1. based on one or more of the protected categories listed in the policy statement above.
    2. unwelcome and offensive
    3. either severe or repeated and pervasive such that it had the intended purpose or the effect of:
      1. interfering with an individual’s work/academic performance; or
      2. creating an intimidating, hostile, or abusive work or educational environment.

Harassment also includes Sexual misconduct including unwelcome sexual advances, requests for sexual favors, or other unwanted verbal or physical conduct of a sexual nature depending on the circumstances of each case. Examples of sexual misconduct include: sexual harassment, physical assault with sexual intent, sexual contact without consent, sexual intercourse without consent, and/or attempts to commit a sexual activity. In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing, and voluntary consent prior to and during sexual activity. Individuals who consent to a sexual activity must be able to understand what they are doing. Under this policy, “No” always means “No,” and “Yes” may not always mean “Yes.” Anything but a clear, knowing and voluntary consent to any sexual activity is equivalent to a “No.” The use of force or coercion to obtain consent or engage in a sexual activity is a violation of this policy and the law.

Even with consent, there are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as professor and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. Intimate relationships also have the potential to interfere with the CIA’s ability to provide an appropriate and safe working environment for students, faculty, and staff; and may constitute sexual harassment or other unlawful discrimination. As a result, the CIA has adopted a comprehensive Fraternization Policy, which can be found on the student and staff/faculty portals.

  1. Discrimination occurs when an individual acts in a prejudiced or biased manner in the conduct of his/her day-to-day CIA activities such as when attending class or at work. All members of the CIA community, guests, and visitors are expected to contribute to a work and study atmosphere that fosters trust and respect. Students, staff, faculty, guests, and visitors must be treated equitably and be respected for their individuality. When a person intentionally or inadvertently creates a situation of discrimination, there can be negative consequences both to the persons involved as well as to the educational and working environment of the CIA.

4. Reporting

The CIA does not permit either harassment or discrimination in its programs and activities on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, marital status, veteran status, ancestry, or national or ethnic origin, or any protected group or classification protected by institutional policy or state, local, or federal law. Any individual who believes they have been subjected to discrimination or harassment in violation of this policy should follow the procedure outlined in this policy to report these concerns.

This process involves an immediate initial investigation to determine if there is reasonable cause to believe that this policy has been violated. If so, the CIA will initiate a prompt, thorough, and impartial investigation. This investigation is designed to provide a fair and reliable determination about whether this policy has been violated. If so, the CIA will take steps to prevent further harassment and/or discrimination, to correct its effects if appropriate, and prevent its recurrence.

Individuals who wish to report a concern or complaint relating to discrimination or harassment may do so by reporting the concern to the CIA Title IX and Age Discrimination Act Coordinator:

Joseph Morano, Senior Director—Faculty Relations
Title IX and Age Discrimination Act Coordinator
The Culinary Institute of America
1946 Campus Drive
Hyde Park, N.Y. 12538-1499
Phone: 845-451-1314
Fax: 845-451-1076
E-mail: j_morano@culinary.edu

Or


Maura A. King, Director—Compliance
Section 504 Coordinator
The Culinary Institute of America
1946 Campus Drive Hyde Park, NY 12538
Office: Roth Hall Room S-351
Telephone: 845-451-1429
E-mail: M_king@culinary.edu

Individuals with complaints of this nature also have the right to file a formal complaint with the United States Department Education:

Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

A. Reporting Process

When reporting an incident all individuals have the right and can expect:

  1. to have incidents of harassment or discrimination taken seriously by the CIA,
  2. to have those incidents investigated and properly resolved through appropriate administrative procedures, and
  3. that only people who need to know will be advised of the circumstances and that this information will be shared only as necessary with Investigators, witnesses, and the accused individual.

Depending upon the nature of the incident, every reasonable effort should be made to constructively resolve an issue or concern directly using one or more of the following steps:

Informal Resolution Process

This informal process is not appropriate for complaints of sexual assault, rape, or other violent acts.

  1. Whenever possible and safe, the problem or issue should first be discussed by the person who has the concern with the individual who has demonstrated the offending behavior.
  2. If satisfactory resolution to the problem or issue is not reached after discussion with the individual(s) involved, the direct supervisor of the offending individual should be contacted in order to attempt to resolve the situation.
  3. If the efforts above are unsuccessful OR the person with the concern believes that the conduct cannot be effectively addressed through these informal means, a formal reporting process should be initiated.
  4. If the issue is not resolved or the person with the concern determines that the resolution is unsatisfactory within twenty-one (21) Business Days after the alleged incident occurred the formal process should be initiated.
  5. If the formal process is initiated it must be done so as soon as practicable, but no later than sixty (60) Business Days after the alleged incident occurred.

In resolving any problem or issue as outlined above, The CIA does not require the person with the concern to contact either the student/faculty/staff member involved or their supervisor if doing so is impractical or inappropriate due to the nature of the matter.

Formal Resolution Process

In initiating a formal process, the individual reporting their concern (the “Complainant”) is encouraged to speak with appropriate CIA officials as outlined herein to report the incident(s) of the alleged harassment or discrimination as soon as practicable after it is deemed that an attempt at informally resolving the matter will not be possible, but no later than sixty (60) Business Days after the alleged incident occurred. Additionally, the Complainant has the right to file a complaint with a local law enforcement agency.

All CIA employees in the following roles; campus safety, residential life, faculty, student affairs, human resources, directors, deans, managers, and other supervisory campus employees are considered “Responsible Employees” and thus are required to report any incident of assault, sexual harassment, harassment or discrimination to their Manager, the Office of Student Affairs, the Campus Safety Office, and/or the Human Resources Department. All Responsible Employees shall also report the complaint to the Title IX and Age Discrimination Act Coordinator. The Title IX and Age Discrimination Act Coordinator will be responsible for ensuring that the appropriate procedures are followed during the investigation process.

A formal report / statement outlining the incident(s) / nature of the harassment or discrimination should be prepared by the Title IX and Age Discrimination Act Coordinator or his/her designee as part of the preliminary process which shall form the basis of the complaint (“Complaint”) and possible subsequent investigation.

Campus employees who work in the Health Services or Counseling and Psychological Services offices are required (except as outlined under Section B. Confidential Reporting) to report any assault, sexual harassment, or violent crime (direct or indirect knowledge of) along with any potential threats made towards any individual on or off campus.

  1. When reporting an incident, the Complainant should contact one of the following Department/areas:
    1. Students – Reporting should be made in person (in writing or orally) to the:
      (Contact information may be found on the student portal or by visiting the links listed below).
      1. Hyde Park Students - Office of Student Affairs in Hyde Park – https://ciamainmenu.culinary.edu/studentservices/studentaffairs/pages/student_affairs_hyde_park.aspx
      2. Greystone Students – Education Department at Greystone - https://ciamainmenu.culinary.edu/academicprograms/aos/culinaryartsgs/pages/greystone_culinary_arts.aspx
      3. San Antonio Students – Education Department at San Antonio - https://ciamainmenu.culinary.edu/academicprograms/aos/culinaryartssa/pages/san_antonio_culinary_arts.aspx
      4. Title IX and Age Discrimination Act Coordinator – www.ciachef.edu/consumer-information
      5. Section 504 Coordinator
    2. Faculty / Staff – Reporting should be made in person (in writing or orally) to the:
      (Contact information may be found on the student portal or by visiting the links listed below).
      1. Human Resource Department at Hyde Park and Greystone - https://ciamainmenu.culinary.edu/divisions/administrationsharedservices/humanresources/pages/human_resources.aspx
      2. Managing Director at Greystone - https://ciamainmenu.culinary.edu/divisions/branch_campuses/greystonecampus/pages/greystone_campus.aspx
      3. Managing Director at San Antonio - https://ciamainmenu.culinary.edu/divisions/branch_campuses/sanantoniocampus/pages/san_antonio_campus.aspx
      4. Managing Director at Singapore - https://ciamainmenu.culinary.edu/divisions/branch_campuses/singaporecampus/pages/singapore_campus.aspx
      5. Department Head - https://ciamainmenu.culinary.edu/campusresources/employeeresources/pages/employee_phone_directories_resources.aspx
      6. Title IX and Age Discrimination Act Coordinator – www.ciachef.edu/consumer-information
      7. Section 504 Coordinator
  2. All Complainants (students, faculty, or staff) should complete the following steps when formally reporting an incident of harassment or discrimination:
    1. Submit a formal Complaint, in writing including:
      1. the Complainant’s name and all contact information.
      2. the description of the alleged incident(s) or behavior, who specifically was involved, when and where it occurred, and the desired remedy sought. As much detail as possible should be provided regarding the incident such as who, what, when, where, why, and how.
      3. A brief outline and description of all informal efforts, if any, to resolve the issue(s) with the individual(s) involved and/or that individual’s supervisor. This includes names, dates and times of attempted or actual contact along with a description of the discussion and the manner of communication made in the course of each effort. If contacting the individual(s) involved and/ or their supervisor is impracticable or inappropriate, the complainant should state the reasons why.

All Complaints should be signed by the Complainant.

  1. Provide, if possible, any supporting documentation and evidence of the incident(s) or behavior which are immediately available. These items should be referenced within the body of the formal Complaint.
  2. Submit any additional supporting materials as quickly as is possible.
  1. Any guest, visitor, or third parties who wish to file a Complaint for violations of this policy may contact the CIA’s Title IX and Age Discrimination Act Coordinator, Section 504 Coordinator, or the Office for Civil Rights of the U.S. Department of Education.
  2. The CIA has an obligation to investigate any complaint of harassment or discrimination which is reported.

B. Confidential Reporting

When a Complainant consults CIA officials regarding matters covered within this policy, he/she should be aware of the concepts of confidentiality, privacy, and mandatory reporting in order to make informed choices.

Although the CIA will make every effort to ensure the confidentiality of any investigation and the privacy of those persons involved, once a Complaint has been filed, it is the CIA’s responsibility to take appropriate action to resolve the situation. When an employee of the CIA has been informed of an incident or issue of discrimination or harassment, they have a mandatory duty to report the situation as described to a Responsible Employee as further defined within Section A of this policy. All Complaints will be held in confidence and disclosed only to the extent necessary for the investigation.

If a Complainant desires that a particular incident be discussed on an entirely private and confidential basis, he/she should speak with one of the designated personnel or agencies listed below (“Confidential Resources”):

  1. off-campus mental health counselors, or
  2. off-campus health service providers, or
  3. off-campus rape crisis resources who can maintain confidentiality, or
  4. members of the clergy who in their capacity as a spiritual advisor will also maintain confidentiality.
  5. on-campus licensed mental health professionals (whose licensure requires confidentiality from reporting incidents or complaints of sex discrimination and harassment/assault) working in their professional capacity. The on-campus licensed mental health professional shall provide information as to how to file a complaint with the designated Title IX and Age Discrimination Act Coordinator, and will assist the victim in filing a complaint, if appropriate.

In such instances, the CIA shall not be considered to have knowledge of the incident or situation and therefore, the Complainant should have no expectation of the matter being investigated or resolved by College authorities.

Neither the CIA nor the law requires that the private information shared by an individual with those working as Confidential Resources will be divulged except in circumstances such as when the reporting party discloses a) information which can be reasonably interpreted as a situation where there is risk of harm to self or others or b) incidents that involve a minor. Otherwise, a Complainant may seek assistance from these Confidential Resources without starting a formal process that is beyond the Complainant’s control, or that may violate her/his privacy.

C. Retaliation and Malicious Reporting

The CIA will make every reasonable effort to protect the Complainant and other student, staff, faculty, or third parties who believe themselves to be the object of harassment, or discrimination and/or are involved in a complaint process or investigation from any type of retaliation. Retaliation against anyone who is involved in a complaint process is a violation of law and this policy.

The malicious reporting of a false complaint of harassment, discrimination, or retaliation is also a violation of this policy.

Claims of retaliation or malicious reporting will be viewed as a separate complaint under this policy and will be thoroughly investigated.

5. Investigation Procedures

The CIA reserves the right to take measures deemed necessary in response to an alleged violation of this policy in order to protect both the rights as well as personal safety of students, faculty, staff members, or Third Parties. When a student, faculty, staff member or Third Party is found to have violated this policy, serious sanctions may be used to reasonably ensure the rights and safety of the CIA community.

Not all forms of harassment and discrimination will be deemed as equally serious offenses and the CIA reserves the right to impose different sanctions ranging from written warning to expulsion, depending on the severity of the offense.

For the purposes of this policy, this process or investigation protocol will be applied to all harassment and discrimination complaints as defined in this policy; especially those governed by Title IX, including sexual violence, sexual harassment, intimate partner violence, stalking, and/or gender-based bullying or hazing.

Elements of this process are focused around the following:

  1. Investigation Process
  2. Investigation Findings
    1. Student vs. Student
    2. Student vs. Staff / Faculty
    3. Staff / Faculty vs. Staff / Faculty
    4. Third Party Involvement

A. Investigation Process

Upon receipt of a Complaint, the Title IX and Age Discrimination Act Coordinator working with the appropriate CIA office will open a formal case file and assign an Investigator. The Investigator will direct the investigation process and confer with the Title IX and Age Discrimination Act Coordinator on interim actions, accommodations for the Complainant (if required), and/or other necessary remedial short-term actions.

There will be no retaliation against any individual for filing a Complaint and/or for assisting, testifying, or participating in the investigation of such a complaint. All Complaints will be held in confidence and disclosed only to the extent necessary for the investigation.

During the course of an investigation, certain investigative procedures may take place which include, but are not limited to, the following:

  1. An initial meeting with the student, faculty, staff member, or third party (the “Respondent”) will be held to inform him/her that a formal complaint has been filed against him/her and to explain the nature of the allegations.
  2. The respondent and complainant may be accompanied during any meeting or proceeding by a single advisor of their choice. Advisors may speak privately to their advisee during any such meeting or proceeding. Either party may request a brief recess to consult with their advisor which will be granted at the discretion of the Investigator or Hearing Officer conducting such meeting or proceeding. Advisors may not present evidence, present witnesses, or otherwise participate in any meeting or proceeding.
  3. While the investigation is pending, the Title IX and Age Discrimination Act Coordinator or 504 Coordinator (if appropriate) working with the appropriate CIA offices may:
    1. take immediate and appropriate interim action to address harassment allegations before a final determination is made on the complaint.
    2. take any other necessary actions to ensure compliance with applicable law and CIA policy.
    3. based upon the nature and seriousness of the allegations, request that the Human Resources Department immediately transfer or remove the Respondent employee from their duties on a temporary basis while the investigation is ongoing.
    4. based upon the nature and seriousness of the allegations, request that the Respondent student be moved into alternate classes, suspended or otherwise re-assigned on a temporary basis while the investigation is ongoing.
    5. based upon the nature and seriousness of the allegations, bar a third party respondent from access to the campus or engagement with the complainant to the extent provided by law.
  4. A formal investigation will be held; usually initiated within ten (10) Business Days after the Complaint is made.

The Investigator will take the following steps:

  1. Thoroughly review the Complaint and all supporting documentation and evidence.
  2. Confirm the identity and contact information of the Complainant.
  3. Meet with the Complainant.
  4. In coordination with the Title IX and Age Discrimination Act Coordinator, or 504 Coordinator if appropriate, initiate any necessary remedial actions.
  5. Commence a thorough, reliable and impartial investigation by developing an investigation plan, including a witness list, evidence list, intended time-frame, and order of interviews for all witnesses and the Respondent, who may be given notice prior to or at the time of the interview.
  6. Contact or request meeting(s) with other staff, faculty, students, or others who may be able to provide additional relevant information as part of the investigation.
  7. Make a finding, based on a preponderance of the evidence whether a policy violation is more likely than not to have occurred.
  1. No audio or video recording (of any kind) of the proceedings under this policy is permitted by any party, unless circumstances require such accommodations. The decision to permit an accommodation will be made by the Investigator and the Title IX and Age Discrimination Act Coordinator.
  2. At the Investigator’s discretion, he/she may remove anyone disrupting a meeting which is being held under their authority from further discussions.
  3. The Investigator will normally complete the investigation within sixty (60) Business Days after the investigation is commenced. The Investigator will then issue a formal report detailing the results of the investigation and recommended corrective action, if any, for consideration by the Title IX and Age Discrimination Act Coordinator or 504 Coordinator if appropriate.
  4. The formal report and any additional supporting documentation is to be shared with the Title IX and Age Discrimination Act Coordinator or 504 Coordinator if appropriate who does have the option of sharing with appropriate CIA administrative personnel and/or legal counsel if needed. The contents of the final report and supporting documentation will not be shared with the Respondent or Complainant in written format and is the sole property of The Culinary Institute of America.
  5. Where the Respondent or Complainant is an individual guest, visitor, contractor, restaurant patron, continuing education student, or any other person not under the direct employment of the CIA or attending a CIA credit program (“Third Party”) a best effort will be made by the Investigator to contact said individual to obtain a written statement along with any materials that may support the Investigation process.

B. Investigation Findings – Student vs. Student

Following completion of the investigation process, the Title IX and Age Discrimination Act Coordinator, or 504 Coordinator if appropriate, will appoint a Hearing Officer. The Hearing Officer has final decision-making authority with regard to the resolution of formal complaints. Such decisions are subject to appeal as outlined further within this policy.

The following procedures will be followed at the conclusion of an investigation:

  1. The Investigator will provide a final report within fifteen (15) Business Days after the conclusion of the investigation on the findings of the investigation to the Hearing Officer and Title IX and Age Discrimination Act Coordinator or 504 Coordinator, if appropriate, for review and consideration.
  2. The Title IX and Age Discrimination Act Coordinator, 504 Coordinator, Office of Student Affairs, or Hearing Officer will hold individual meetings with the Complainant and Respondent to review the investigation findings within fifteen (15) Business Days of the investigation’s written outcome. The Complainant and Respondent will be provided in writing the outcome of the investigation findings at these individual meetings.
    1. In cases that are directly related to harassment the Complainant will also be informed of any sanctions placed upon the Respondent, in instances where the sanction directly affects the Complainant.
  3. Where the Respondent was not found responsible for the alleged violation(s) to this policy, the investigation should be closed and all parties will be notified in writing within fifteen (15) Business Days of the investigation’s written outcome of this determination.
  4. If the Respondent violated this policy, a meeting with the Hearing Officer will be held with the Respondent within fifteen (15) Business Days of the investigation’s written outcome to review the investigation findings. If the Respondent accepts the findings, the Hearing Officer will impose appropriate sanctions in writing for the violation, after consultation with the Title IX and Age Discrimination Act Coordinator or 504 Coordinator, if appropriate.
  5. If the Respondent or Complainant rejects the findings of the investigation (in whole or in part), they must notify the Title IX and Age Discrimination Act Coordinator, or 504 Coordinator, if appropriate, in writing within five (5) Business Days of receiving the written determination.
    1. Where the Respondent or Complainant has rejected the findings of the investigation (in whole or in part), the Hearing Officer will advise the Title IX and Age Discrimination Act Coordinator, or 504 Coordinator, if appropriate, who will call a hearing within twenty-one (21) Business Days over which the Hearing Officer shall preside. The intent of this hearing will be to provide an equitable resolution via an equitable process, respecting the civil and legal rights of all participants. The Hearing Officer will be charged with making a final ruling following the hearing on the basis of the preponderance of the evidence. Such ruling shall be subject to appeal as outlined within this policy.
      1. During the hearing, the Hearing Officer will review the findings of the investigation and consider other and/or additional evidence and/or witnesses presented by the parties to the Complaint.
      2. If it is determined that the Respondent violated this policy, the Hearing Officer shall impose appropriate sanctions for the violation.
      3. If it is determined that the Respondent did not violate this policy, the Hearing Officer will close the investigation.
      4. All parties will be notified in writing within fourteen (14) Business Days of the final determination of the Hearing Officer. In cases that are directly related to harassment the Complainant will also be informed of any sanctions placed upon the Respondent, in instances where the sanction directly affects the Complainant.

C. Investigation Findings – Student vs. Faculty / Student vs. Staff / Staff vs. Student / Faculty vs. Student

At the conclusion of the investigation process, the Title IX and Age Discrimination Act Coordinator or 504 Coordinator, if appropriate, will appoint a Hearing Officer. The Hearing Officer has final decision-making authority with regard to the resolution of formal complaints. Such decisions are subject to appeal as outlined further within this policy.

The following procedures will be followed at the conclusion of an investigation:

  1. The Investigator will provide a final report within fifteen (15) Business Days after the conclusion of the investigation on the findings of the investigation to the Hearing Officer, the Human Resources Department, and Title IX and Age Discrimination Act Coordinator or 504 Coordinator if appropriate.
  2. The Hearing Officer and Human Resources Department shall determine whether a policy violation has occurred.
  3. The Title IX and Age Discrimination Act Coordinator, Section 504 Coordinator (as appropriate), Office of Student Affairs, or Hearing Officer will hold individual meetings with the Complainant and Respondent to review the investigation findings within fifteen (15) Business Days of the investigation’s written outcome. The Complainant and Respondent will be provided in writing the outcome of the investigation findings at these individual meetings.
  1. In cases that are directly related to harassment the Complainant will also be informed of any sanctions placed upon the Respondent, in instances where the sanction directly affects the Complainant.
  1. Where the Respondent was not found responsible for the alleged violation(s) to this policy, the investigation should be closed and all parties will be notified in writing of this determination within fifteen (15) Business Days of the investigation’s written outcome.
  2. If the Respondent has violated this policy, the Human Resources Department, Department Head, Dean, or Managing Director will meet with the faculty or staff member and provide them with a written notification of the investigation’s outcome along with any appropriate sanctions within fifteen (15) Business Days of the investigation’s written outcome.
  3. If the Respondent or Complainant rejects the findings of the investigation (in whole or in part), they must notify the Title IX and Age Discrimination Act Coordinator or Section 504 Coordinator if appropriate, in writing within five (5) Business Days of receiving the written determination.
    1. Where the Complainant or the Respondent has rejected the findings of the investigation (in whole or in part), the Title IX and Age Discrimination Act Coordinator or 504 Coordinator, if appropriate, will call a hearing within twenty-one (21) Business Days over which the Hearing Officer shall preside. The hearing will provide an equitable resolution via an equitable process, respecting the civil and legal rights of all participants. The Hearing Officer will be charged with making a final ruling following the hearing on the basis of the preponderance of the evidence. Such ruling shall be subject to appeal as outlined within this policy.
      1. During the hearing, the Hearing Officer will review the findings of the investigation and consider other and/or additional evidence and/or witnesses presented by the parties to the Complaint.
      2. If it is determined that the Respondent violated this policy, the Human Resources Department shall impose appropriate sanctions for the violation.
      3. If it is determined that the Respondent did not violate this policy, the Hearing Officer will close the investigation.
      4. All parties will be notified in writing within fourteen (14) Business Days of the final determination of the Hearing Officer. In cases that are directly related to harassment the Complainant will also be informed of any sanctions placed upon the Respondent, in instances where the sanction directly affects the Complainant.

D. Investigation Findings – Faculty / Staff vs. Faculty / Staff

At the conclusion of the investigation, the Title IX and Age Discrimination Act Coordinator, or 504 Coordinator, if appropriate, and Human Resources Department shall determine whether a policy violation has occurred. All decisions are subject to appeal as outlined further within this policy below.

The following procedures will be followed at the conclusion of an investigation:

  1. The Investigator will provide a final report within fifteen (15) Business Days after the conclusion of the investigation on the findings of the investigation to the Human Resources Department and Title IX and Age Discrimination Act Coordinator or 504 Coordiantor, if appropriate.
  2. The Title IX and Age Discrimination Act Coordinator, or 504 Coordinator, if appropriate, or Director of Human Resources will hold individual meetings with the Complainant and Respondent to inform them of the outcome of the investigation within fifteen (15) Business Days of the investigation’s written outcome. The Complainant and Respondent will be provided in writing the outcome of the investigation findings at these individual meetings.
    1. In cases that are directly related to harassment the Complainant will also be informed of any sanctions placed upon the Respondent, in instances where the sanction directly affects the Complainant.
  3. If it is deemed that the Respondent was not found responsible for the alleged violation(s) to this policy, the investigation should be closed and all parties will be notified in writing of this determination within fifteen (15) Business Days of the investigation’s written outcome.
  4. If the Respondent has violated this policy, the Human Resources Department, Department Head, Dean, or Managing Director will meet with the faculty or staff member and provide them with a written notification within fifteen (15) Business Days of the investigation’s written outcome.
  5. If the Respondent or Complainant rejects the findings of the investigation (in whole or in part), they must notify the Title IX and Age Discrimination Act Coordinator in writing within five (5) Business Days of receiving the written determination. Such ruling shall be subject to appeal as outlined within this policy.

E. Investigation Findings – Third Party

At the conclusion of the investigation, the Title IX and Age Discrimination Act Coordinator, Section 504 Coordinator, (if appropriate) and Hearing Officer shall determine whether a policy violation has occurred. The following measures must be followed at the conclusion of an investigation where the a) Third Party is the Complainant or b) Third Party is the Respondent. All decisions are subject to appeal as outlined further within this policy below.

  1. The Investigator will provide a final report within fifteen (15) Business Days after the conclusion of the investigation on the findings of the investigation to the Hearing Officer and Title IX and Age Discrimination Act Coordinator and/or Section 504 Coordinator, if appropriate.
  2. The Hearing Officer, Office of Student Affairs, Human Resources Department, Department Head, Dean, or Managing Director will hold individual meetings with the Complainant and Respondent to review the investigation findings within fifteen (15) Business Days of the investigation’s written outcome. The Complainant and Respondent will be provided in writing the outcome of the investigation findings at these individual meetings.
    1. In cases that are directly related to harassment the Complainant will also be informed of any sanctions placed upon the Respondent, in instances where the sanction directly affects the Complainant.
  3. If the Respondent was not found responsible for the alleged violation(s) to this policy, the investigation should be closed and the Respondent and Complainant will be notified in writing of this determination within fifteen (15) Business Days of the investigation’s written outcome.
  4. Where the Respondent has violated this policy, the Hearing Officer, Office of Student Affairs, Human Resources Department, Department Head, Dean, or Managing Director will provide the Respondent with a written notification within fifteen (15) Business Days of the investigation’s written outcome along with any appropriate sanctions.
  5. If the Respondent or Complainant rejects the findings of the investigation (in whole or in part), they must notify the Title IX and Age Discrimination Act Coordinator or 504 Coordinator, if appropriate, in writing within five (5) Business Days of receiving the written determination.
    1. Where the Respondent or Complainant has rejected the findings of the investigation (in whole or in part), the Title IX and Age Discrimination Act Coordinator or Section 504 Coordinator, if appropriate, will call a hearing within twenty-one (21) Business Days over which the Hearing Officer shall preside. The hearing will provide an equitable resolution via an equitable process, respecting the civil and legal rights of all participants. The Hearing Officer will be charged with making a final ruling following the hearing on the basis of the preponderance of the evidence. Such ruling shall be subject to appeal as outlined within this policy.
      1. During the hearing, the Hearing Officer will review the findings of the investigation and consider other and/or additional evidence and/or witnesses presented by the parties to the Complaint.
      2. If it is determined that the Respondent violated this policy, the Human Resources Department or Office of Student Affairs shall impose appropriate sanctions for the violation.
      3. If it is determined that the Respondent did not violate this policy, the Hearing Officer will close the investigation.
      4. The Respondent and Complainant will be notified in writing within fourteen (14) Business Days of the final determination of the Hearing Officer.

6. Appeals

If a Respondent or Complainant does not accept the findings of the investigation and/or Hearing Officer, those findings can be appealed through the following procedures. Appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal.

Appeals are not intended to be full re-hearings or the basis for a new investigation of the Complaint. The Appeal Officer may accept or modify the original decision and the Appeal Officer’s decision to deny appeal requests is final.

Respondents or Complainants must petition in writing for an appeal within five (5) Business Days of receiving the written decision. The party requesting an appeal must do so in writing showing error, the ONLY grounds for appeal are as follows:

  1. The decision reached was not based on substantial evidence, i.e. whether the facts of the case were not sufficient to establish that
    1. a violation of this policy occurred; and / or
    2. the ac cused committed the violation of this policy.
  2. The procedures were not properly followed as outlined in this policy.
  3. New evidence is available to alter the original determination.

The procedures governing the hearing of appeals include the following:

  1. Student Appeals: Any party who files an appeal must do so in writing to the Title IX and Age Discrimination Act Coordinator or Section 504 Coordinator, if appropriate. The request for appeal will then be forwarded to an appointed Appeals Officer for review.
  2. Faculty / Staff / Third Party Appeals: Any party who files an appeal must do so in writing to the Vice President of Administration and Shared Resources. The Vice President of Administration and Shared Resources and/or designee will be the acting Appeals Officer.
  3. If the Appeals Officer determines that an error (material, procedural, or applicable) occurred, he/she may return the original Complaint to the original Hearing Officer with instructions to reconvene to remedy the error. The results of a reconvened hearing cannot be appealed.
  4. In rare cases, where the error cannot be remedied by the original Hearing Officer (as in cases of bias), the Appeals Officer may order a new hearing on the Complaint with a new Hearing Officer appointed by the Title IX and Age Discrimination Act Coordinator or Section 504 Coordinator if appropriate. The results of a new hearing with a new Hearing Officer can be appealed, once, on the grounds for appeals listed above.
  5. The Appeals Officer may at his/her discretion suspend any sanctions imposed by the Hearing Officer.
  6. The Appeals Officer will render a written decision on the appeal to all parties within twenty-one (21) Business Days from request for appeal.

7. Other Special Procedures & Provisions

  1. Attempted violations

In most circumstances, the CIA will treat attempts to commit any of the violations listed in the Student Code of Conduct or Employee Handbook as if those attempts had been completed.

  1. CIA as Complainant

As necessary, the CIA reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without the complainant’s formal complaint of misconduct.

  1. False Reports

The CIA will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct or Employee Handbook to make an intentionally false report of any policy violation, and it may violate state criminal statutes and civil defamation laws. Sanctions for such false reporting may include disciplinary action up to and including termination of employment or expulsion from the College.

  1. Parental Notification

The CIA reserves the right to notify parents/guardians or other individuals indicated as an emergency contact of students regarding any health or safety risk. The CIA also reserves the right to designate which CIA officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act (FERPA).

  1. Notification of Outcomes

The outcome of a campus hearing is part of the educational record of the accused student, and is protected from release under a federal law, FERPA. However, the CIA observes the legal exceptions as follows:

  1. Complainants in non-consensual sexual contact/intercourse, sexual exploitation, sexual harassment, stalking, and relationship violence incidents have an absolute right to be informed of the outcome, essential findings, and sanctions of the hearing, in writing, without condition or limitation.
  2. The CIA may release publicly the name, nature of the violation and the sanction for any student who is found in violation of a CIA policy that is a “crime of violence,” including but not limited to: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property and kidnapping/abduction. The CIA will release this information to the complainant in any of these offenses regardless of the outcome.
  1. Alternative Testimony Options
  1. Complainant or a witness, will be given alternative testimony options, such as placing a privacy screen in the hearing room, or allowing the complainant or witness to testify outside the physical presence of the accused individual, such as by Skype.

8. Definitions

All definitions listed below are for the sole purpose of this policy only to aid in understanding.

Appeals Officer: Appeals Officer is appointed by the CIA’s Title IX and Age Discrimination Act Coordinator, or 504 Coordinator, if appropriate, to oversee the appeals process as outlined.

Business Days: Business Days defined for the purposes of this policy are the days of operation for the College: i.e., Monday–Friday, where classes are in session and/or administrative offices are open, except for the designated summer break and winter holiday break when campuses are closed.

Coercion: Coercion happens when someone is compelled by force to act out of character through, intimidation, or authority, especially without regard for individual desire or volition. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get Consent from another. When someone makes it clear that he/she does not want sex, wants to stop, or does not want to go past a certain point of sexual interaction, continued pressure beyond that point can be considered coercive.

Complainant: A Complainant is any student, faculty, staff, visitor, guest, or third party who files a formal report or statement of harassment or discrimination that is in violation of this policy.

Consent: Consent can be given by word or action, but non-verbal Consent is not as clear as talking about what a person wants sexually and what they do not. Consent to some form of sexual activity cannot be automatically taken as Consent to any other form of sexual activity. Silence–without actions demonstrating permission–cannot be assumed to show Consent. When alcohol or other drugs are being used, a person will be considered unable to give valid Consent if he/she cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because he/she lacks the capacity to reasonably understand the situation. Individuals who Consent to sex must be able to understand what they are doing.

CIA Community: The CIA Community is considered to be student, staff, and faculty at of The Culinary Institute of America at all campus locations. This shall include vendors and contractors doing business with The Culinary Institute of America.

Employee: An Employee is an individual paid by The Culinary Institute of America. All full time, part-time, temporary, and contracted individuals fall under this class.

Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats), and Coercion that can overcome an individual’s resistance.

Hearing: A Hearing is a formal meeting conducted by a Hearing Officer to review the findings of an investigation and opportunity for all parties to be heard.

Hearing Officer: The Hearing Officer is appointed by the CIA’s Title IX and Age Discrimination Act Coordinator or 504 Coordiantor to oversee the hearing of a reported case.

Investigator: An Investigator is an individual appointed by the CIA’s Title IX and Age Discrimination Act Coordinator or 504 Coordinator to perform and document an inquiry for ascertaining facts through detailed and careful examination of all information presented using various means of information discovery.

Non-Consensual Sexual Contact: Non-Consensual Sexual Contact is any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman that is without Consent and/or by force.

Non-Consensual Sexual Intercourse: Non-Consensual Sexual Intercourse is any sexual intercourse however slight, with any object, by a man or woman upon a man or a woman, that is without consent and/or by force.

Respondent: The Respondent is any student, faculty, staff, visitor, guest, or third party who has a formal complaint filed against him/her.

Retaliatory Harassment: Retaliatory Harassment is intentional action taken by an accused individual or allied third party, absent legitimate non-discriminatory purposes, that harms an individual as reprisal for filing or participating in a civil rights grievance proceeding.

Stalking: Stalking is the act or an instance of pursuing or harassing and threatening another in an aggressive and unwanted and/or illegal manner.

Student: A student is an individual who is registered in a credit or degree program at The Culinary Institute of America.

Sexual Harassment: Sexual Harassment is unwelcome, gender-based verbal or physical, or conduct of sexual nature, that is sufficiently severe, persistent, or pervasive that it has the effect of unreasonably interfering with, limiting, or denying someone the ability to participate in or benefit from the CIA’s educational program. The unwelcome behavior may be based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation. Examples include: attempting to coerce an unwilling person into a sexual relationship; repeatedly subjecting a person to egregious, unwanted sexual attention; punishing a refusal to comply; conditioning a benefit on submitting to sexual advances; engaging in sexual violence; engaging in intimate partner violence, stalking, and gender-based bullying.

Sexual Exploitation: Sexual Exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

  • invasion of sexual privacy
  • prostituting another person
  • non-consensual taking and/or distributing photography, video, or audio-taping of sexual activity
  • allowing third parties to observe sexual activities without Consent
  • engaging in voyeurism
  • knowingly transmitting an STI or HIV to another student
  • exposing one’s genitals in non-consensual circumstances; inducing another to expose his/her genitals
  • sexually-based stalking and/or bullying may also be forms of sexual exploitation

Sexual Misconduct: Sexual misconduct incorporates a range of unwelcome behavior of a sexual nature, including sexual assault, sexual harassment, stalking, and any other conduct of a sexual nature which is nonconsensual, or has the purpose or effect of threatening, intimidating, or coercing a person. It is committed without consent or by force, intimidation, coercion, or manipulation. Sexual misconduct can be committed by a person of any gender, and it can occur between people of the same or different gender.

Third Party: Third Party is an individual who is a guest, visitor, contractor, restaurant patron, continuing education student, or any other individual not under the direct employment of the CIA or attending a CIA credit program.

Campus SaVE Act ADDENDUM

Adopted September 30, 2015

1. Purpose and Scope

This Addendum supplements and amends the Culinary Institute of America’s Harassment, Sexual Misconduct, and Discrimination (HSMD) Policy (adopted June 9, 2015), as that policy applies to alleged incidents of sexual assault or other sexual violence, domestic violence, dating violence or stalking in accordance with Title VII, the Violence Against Women Reauthorization Act the Campus SaVE Act, as well as Article 129-B of the New York Education Law and Section 67836 of the California Education Code.

Unless otherwise specifically noted in this addendum, alleged incidents of sexual assault or other sexual violence, domestic violence, dating violence or stalking as set forth above shall be investigated and processed in accordance with the procedures set forth in the HSMD Policy. In the event of any conflict between the provisions of the HSMD Policy and this Addendum, the provisions of this Addendum will control.

This policy applies to all members of the CIA community, including students, faculty, staff, administrators, trustees, vendors, contractors and third parties visiting CIA facilities.

2. Forms of Harassment and Discrimination

The forms of harassment and discrimination that are prohibited by the HSMD Policy shall specifically include, without limitation, domestic violence, dating violence, sexual assault and stalking as defined more specifically below in accordance with the Violence Against Women Reauthorization Act and the Campus SaVE Act. For the purposes of the HSMD policy and this addendum, the definition of “consent” shall be interpreted and defined by the CIA as “affirmative consent” in its New York (Hyde Park) and California (Greystone) campus locations in accordance with the appropriate state law as further outlined in the definitions, below. For all other campuses, the definition of “consent” as” defined in the HSMD policy and this addendum shall continue to be utilized.

3. Definitions

Affirmative Consent: (New York): Article 129-B of the New York Education Law: 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.

Affirmative Consent: (California) Section 67836 of the California Education Code: affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

Awareness Programs: community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.

Bystander Intervention: safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.

Dating violence: 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 shall 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. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic violence: a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Ongoing Prevention and Awareness Campaigns: programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution.

Primary Prevention Programs: programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.

Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Risk Reduction: options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

Sexual Assault: any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent, that meets the definition of Rape, Fondling, Incest or Statutory Rape as used in the FBI’s UCR program and included in Appendix A of 34 CFR Part 668.

Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress. Stalking can include, for example:

  • Repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or email.
  • Repeatedly leaving or sending victim unwanted items, presents, or flowers.
  • Following or lying in wait for the victim at places such as home, school, work, or recreation place.
  • Making direct or indirect threats to harm the victim, the victim’s children, relatives, friends, or pets.
  • Damaging or threatening to damage the victim’s property.
  • Harassing victim through the Internet.
  • Posting information or spreading rumors about the victim on the Internet, in a public place, or by word of mouth.
  • Obtaining personal information about the victim by accessing public records, using Internet search services, hiring private investigators, going through the victim’s garbage, following the victim, contacting victim’s friends, family work, or neighbors, etc.

Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

4. Reporting and Options for Assistance

Members of the CIA community who believe that they have been or are being subjected to harassment or discrimination, including but not limited to any form of sexual misconduct, have the right, but are not required, to report the matter and to seek assistance from the CIA or resources off-campus or both.

A. Immediate Assistance

Hyde Park campus
San Antonio campus
Greystone campus

B. Sexual Assault Response Team (SART)

SART (Sexual Assault Response Team) Advisors at each campus are trained staff and administrators who are first responders to complaints of sexual misconduct. These SART Advisors can provide the complainant with support and assistance, access to resources, as well as information about sexual assault, dating violence, domestic violence, and stalking.

SART Advisors use a survivor-centered approach by providing the complainant with information about resources on and off campus and letting the complainant make decisions based on what feels comfortable.

Upon initial contact, SART Advisors will:

  • Offer information about resources that the complainant might use to address personal, medical, psychological, safety, and academic concerns related to the incident.
  • Provide guidance on procedures to be followed and names to be contacted for gaining rapid access to these resources.
  • Offer to make initial contacts with resource providers and to introduce the complainant to appropriate contact people, both on and off campus.
  • Clarify distinctions between campus, civil, and criminal adjudication procedures and offer to help you make initial contacts with appropriate offices on campus.
  • Serve as a liaison with other members of SART who may share more extensive knowledge of particular resources that the complainant is interested in pursuing.
  • Remain in close contact with the Title IX Coordinator to ensure a coordinated, timely and appropriate support system for the complainant.

SART Teams have been established at each campus.

SART Teams

Hyde Park campus
San Antonio campus
Greystone campus
Singapore campus

As is discussed in the HSMD Policy, some resources are “confidential” resources—i.e., persons who can offer support, advice or other services and who, as a general matter, are not required to further report, initiate an investigation, or otherwise take action in response to the information you provide—while other resources are not confidential. The only on-campus “confidential reporting” resources are the counselor and therapists in the CAPS office in Hyde Park and the counselor in St. Helena.. Students are encouraged to carefully review all of their reporting options before deciding whether or to whom to report.

Complete confidentiality is limited to those not bound by law to report known incidents of sexual assault or other crimes to institution officials in a manner consistent with state and federal laws.

An individual who is unable to offer complete confidentiality under the law nevertheless will protect an individual’s personal information to the extent possible, subject to the institution’s obligations to investigate and stop harassment, discrimination, and/or sexual misconduct on campus.

C. Preserving Evidence

The CIA will provide the following information to complainants (victims) regarding the Preservation of Evidence in accordance with the Campus SaVE Act:

  1. Seek medical care as soon as possible. Even if you do not have any visible physical injuries, you may be at risk of becoming pregnant or acquiring a sexually transmitted disease.
  2. Contact information for on and off campus resources, including a rape crisis center, to arrange for a sexual assault forensic examination (SAFE) to be conducted. Note: you are not required to have a sexual assault forensic exam, nor are you required to file a police report to obtain a forensic examination. The forensic examination will help preserve evidence in case you decide at a later date to file a police report for the purposes of filing criminal charges and/or obtaining an order of protection.
  3. It is best to collect forensic evidence from the body within 72 hours.
  4. Consider preserving evidence: If possible do not change your clothes and avoid bathing, urinating, washing hands, or brushing your teeth.
  5. If you need to change, place all clothing in a brown paper bag, so that it can be preserved as evidence, and bring to hospital if you decide to seek medical care.
  6. If you suspect you have been drugged, request that a urine sample be collected. Inform the sexual assault nurse examiner that you suspect you were drugged.
  7. If possible, write down, or record by any other means all the details you can recall about the assault and your assailant.

D. Cooperation with Law Enforcement

The CIA also maintains a Memorandum of Understanding (“MOU”) with local law enforcement in each of its domestic campuses. The purpose of the MOU is to ensure cooperation between local law enforcement, Campus Safety and the Title IX Coordinator during the course of an investigation in accordance with the Campus SaVE Act, the Violence Against Women Reauthorization Act and the Clery Act as well as Article 129-B of the New York Education Law, and Section 67836 of the California Education Code.

5. Amnesty from Drug, Alcohol and Other Conduct Policies

The health and safety of the CIA community at the CIA is of utmost importance. The CIA recognizes that students who have been drinking and/or using drugs (whether such is voluntary or involuntary) at the 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. The CIA strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to CIA officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to CIA officials or law enforcement will not be subject to CIA’s code of conduct 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.

In addition to amnesty for alcohol and drug violations, an individual who participates in good faith as a complainant, a witness in an investigation or a bystander in relation to an incident of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for any violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

6. Investigation and Disciplinary Procedures

Oversight

The Title IX/Age Discrimination Act Coordinator’s responsibilities include overseeing all complaints of harassment and discrimination and identifying and addressing any patterns or systemic problems that may arise, including sexual violence, domestic violence, dating violence or stalking in accordance with Title VII, the Violence Against Women Reauthorization Act and the Campus SaVE Act. The Investigation procedures contained in the CIA’s HSMD policy will apply to any incident of sexual violence, domestic violence, dating violence or stalking, subject to the additional procedures and information contained in this policy. The HSMD Policy is located at https://ciamainmenu.culinary.edu/divisions/administrationsharedservices/humanresources/Documents/ORG-009-Harassment, Sexual Misconduct and Discrimination Policy.pdf

Sanctions

Students:

When the findings of an investigation determine a student violated the HSMD policy and/or HSMD student code of conduct, the sanctions outlined below will be used. Students will be subject to the disciplinary and appeal process outlined in the HSMD policy for founded violations of the HSMD policy. When the findings of an investigation determine a student did not violate the HSMD policy, but did violate the Student Code of Conduct, those cases will be adjudicated through the process outlined in the Student Code of Conduct. In these cases a student will be subject to the disciplinary and appeal process outlined in the Student Code of Conduct.

The following sanctions may be imposed upon any student found to have violated the HSMD Policy. Any combination of sanctions listed in this section may be imposed for any single violation.

  1. Warning: A notice in writing informing the student that he or she is violating or has violated college regulations, and warning that repeat violations will result in more severe disciplinary sanctions. A verbal warning may occasionally be given to allow a student to correct a violation in a timely manner.
  2. Demerits: One to 10 demerits may be assessed for verified violations of this code. An accumulation of 10 demerits may result in suspension or dismissal from the CIA. Demerits may disqualify a student from becoming a resident assistant, participating in the Manager-in-Training (MIT) Program, living in specific residence halls, or holding certain student offices.
  3. Probation: Probation for a designated time may be assigned. Probation may include certain specific directives that the student is instructed to follow, a warning that additional sanctions may be assigned for further violations, and a signed behavioral contract agreement.
  4. Loss of Privileges: Denial of specified privileges for a designated period of time. This includes, but is not limited to, any and all privileges pertaining to campus housing, operating and parking motor vehicles, use of the Student Recreation Center, visitation, student employment, or use of any campus facility or service.
  5. Fines: Fines may be assessed. The amount will reflect the degree of seriousness of the violation. All fines are considered legitimate debts to the CIA, and non-payment may result in any of the stated penalties, prevention from continuation in classes, and/or prevention from attending the graduation ceremony, receiving of the diploma, and receiving copies of student transcripts and records. Fines are usually given in addition to demerits during the student’s last nine weeks at the college.
  6. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  7. Community Service: Work assignments, providing a useful service to the CIA campus community for a specified number of hours.
  8. Residence Hall Suspension: Separation of the student from the residence halls for a definite period of time. Students with serious disciplinary records are not permitted to reside in or visit residence halls as deemed appropriate.
  9. Residence Hall Dismissal: Permanent separation of the student from the residence halls. Students dismissed from the residence halls are not allowed to visit the residence halls or the grounds adjacent to them.
  10. Completion of an Alcohol Education or Rehabilitation Program: Successful completion of an approved alcohol or substance abuse rehabilitation or educational program may be required as a condition for continued matriculation if the violation(s) involves alcohol, illegal drugs, or the abuse or misuse of any legal drugs. This may include required drug testing by the treatment facility or the college.
  11. Required Assessment or Educational Sessions: A completed assessment or educational session by a licensed counselor or medical doctor may be required for students exhibiting behavioral concerns that compromise the safety of oneself or others.
  12. Involuntary Leave of Absence: Significant concerns regarding health and wellness may require the college to place a student on an involuntary leave of absence until said concern is addressed.
  13. Suspension: Terms of suspension from the CIA are imposed for 15 weeks, 24 weeks, or one year, depending on the gravity of the offense. Suspension may take effect immediately upon the CIA’s decision, and includes suspension from classes, residence halls, and all campus visitations, unless specifically authorized. Any student arrested by the civil authorities and charged with a felony may be immediately suspended from classes. Suspensions will disqualify a student from becoming a resident assistant, participating in the Manager-in-Training (MIT) Program, living in specific residence halls, or holding certain student offices.
  14. Expulsion (formerly Dismissal): Permanent separation of the student from the CIA.
  15. No Contact Orders: No Contact Orders (NCOs) are temporary directives issued by the Student Affairs Office prohibiting communication between or among designated students when, in the judgment of the CIA, there is reason to believe that an order would be in the best interest of all parties. NCOs prohibit all forms of communication between students: direct or indirect, written, electronic, or through a third party. NCOs are not similar to court-imposed restraining orders and do not guarantee that designated parties will avoid sightings or interactions in class, on the campus, or in the local community. In some circumstances, an NCO may restrict a student from parts of the campus where he/she would not have to engage in required academic activities.
Employees:

When the findings of an investigation determine that an employee violated the HSMD policy, sanctions may include, but not be limited to, written discipline, suspension and/or termination as appropriate to the findings. More serious findings of sexual violence or sexual assault will likely result in termination of employment if appropriate. Employees will be subject to the disciplinary and appeal process outlined in the HSMD policy for founded violations of the HSMD policy.

For all campuses, the following rights will be afforded under Federal Law:
Complainant Statement of Rights

As a complainant of sexual misconduct you have a right to:

  • Privacy, including in accordance with the Family Educational Rights and Privacy Act (FERPA) (for students only), subject to the Institution’s legal obligation to investigate, remedy and address sexual misconduct on campus. Additionally, the College will make all reasonable efforts to ensure the preservation of privacy, restricting information to those with a legitimate need to know;
  • An investigation and appropriate resolution of all credible complaints of sexual misconduct;
  • Be treated with dignity and respect throughout the process;
  • Receive information regarding how to access available resources such as counseling, advocates, support, mental health and medical treatment on and off campus;
  • Report the incident through the process outlined in the CIA’s Harassment, Sexual Misconduct, & Discrimination Policy and/or the off campus law enforcement system without unnecessarily having to repeat the description of the incident to more individuals as practicable;
  • Choose to contact off‐campus law enforcement and/or have campus safety assist you in contacting law enforcement;
  • Refuse all of these options without reproach from any CIA official with the understanding that such refusal may impact an investigation and action by the CIA;
  • A prompt and thorough investigation of the complaint;
  • Be accompanied by an advisor of your choice through the investigation and/or appeal process (students only);
  • An outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • Be notified, in writing, of the investigation outcome, including the outcome to any appeal and any sanctions that apply, if deceased, this may be provided to next of kin;
  • Be fully informed of the Harassment, Sexual Misconduct, & Discrimination Policy and procedures to report, investigate, and resolve a complaint as well as possible sanctions;
  • The same support opportunities available to the accused throughout the investigation;
  • Receive timely information regarding the status and outcome of the investigation/hearing;
  • Written notification about options, available assistance and how to request to change/modify your academic or work schedule or on‐campus living situation. The CIA is obligated to comply with a student’s reasonable request for a living or academic change following an alleged incident of sexual or interpersonal violence. These changes can happen regardless of a formal complaint, investigation, campus or criminal charges. When providing accommodations or protective measures, the CIA will disclose only information that is necessary to provide accommodations or protective measures in a timely manner. Victims will be informed before any personally identifiable information is shared that the Institute believes is necessary to provide an accommodation or protective measure. These changes will respect the complainant’s confidentiality to the extent possible and may include:
  1. Moving from one on-campus residence to another on-campus residence;
  2. Rescheduling of an exam, paper, or assignment;
  3. Taking an incomplete in a class;
  4. Withdrawing from a class;
  5. Transferring to a different class section;
  6. Taking a temporary leave from the CIA;
  7. Adjusted work schedule.
  • Understand that you are not responsible for the crime(s) committed against you;
  • NOT have mediation offered to you as the sole means of addressing or resolving your complaint;
  • Protective measures such as, but not limited to: when the accused is a student, a “no contact order” (NCO) issued from the college, and to be notified if the accused is prohibited from contacting you or entering your residence hall with the ability to obtain a copy of the NCO and reviewing it with a CIA official to fully understand the consequences if a violation of the NCO takes place, assistance by the CIA in obtaining an “Order of Protection” (OOP)from a criminal or civil court, to have an opportunity to meet with a college official who can explain the Order and answer questions about it, including information from the Order about the accused’s responsibility to stay away from the protected person(s) and an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, andinterim suspension, assistance from the CIA to enforce a NCO or OOP which may result in arrest by local law enforcement, interim suspension, or additional conduct charges, and assistance from the CIA in issuing “no trespass” letters to off-campus individuals – Student Affairs, the Title IX Coordinator and Campus Safety can provide the above assistance;
  • Assistance by the CIA/Campus Safety to obtain transportation and or escort students to and from classes, vehicles, residence halls, medical appointments, counseling sessions, legal advising sessions, etc.;
  • Appeal the outcome and/or sanction(s) in accordance with the process outlined in the Harassment, Sexual Misconduct, & Discrimination Policy;
  • Know that a violation of the Harassment, Sexual Misconduct, & Discrimination Policy will be based on preponderance of evidence (more likely than not);
  • NOT have any personally identifiable information released to the public without your consent. No personally identifiable information will be contained in any publically available reports or disclosures required pursuant to the Clery Act including, but not limited to the daily crime log;
  • NOT experience retaliation for reporting the incident;
  • Disclose, if the accused is an employee of the CIA, the incident to the CIA’s human resources authority or the right to request that a confidential or private employee assist in reporting to the appropriate human resources authority;
  • Receive assistance from appropriate CIA representatives in initiating legal proceedings in family court or civil court;
  • Withdraw a complaint or involvement from the CIA process at any time;
  • Be given a copy of these rights when you make a complaint.
Respondent (Accused) Statement of Rights

An individual who is accused of sexual misconduct (the respondent) has certain rights guaranteed under the Clery Act and Title IX of the Education Amendments of 1972. As an individual accused of sexual misconduct you have a right to:

  • Privacy, including in accordance with the Family Educational Rights and Privacy Act (FERPA) (for students only), subject to the Institution’s legal obligation to investigate, remedy and address sexual misconduct on campus. Additionally, the College will make all reasonable efforts to ensure the preservation of privacy, restricting information to those with a legitimate need to;
  • An investigation and appropriate resolution of all credible complaints of sexual misconduct;
  • To be treated with dignity and respect throughout the process;
  • Receive timely information regarding how to access available resources such as counseling, advocates, support, mental health and medical treatment on and off campus;
  • Receive timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions;
  • A prompt and thorough investigation of the allegations;
  • An advisor of his or her choice through the investigation and/or appeal process;
  • An outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • Be notified, in writing, of the investigation outcome, including the outcome to any appeal and any sanctions that apply;
  • Be fully informed of the Harassment, Sexual Misconduct, & Discrimination Policy and procedures to report, investigate, and resolve a complaint as well as possible sanctions;
  • The same support opportunities available to the complainant throughout the investigation;
  • Information regarding the status and outcome of the investigation/hearing;
  • Options to change/modify your academic schedule or on-campus living situation if such changes are reasonably available. These changes can happen regardless of a formal complaint, investigation, campus or criminal charges. These changes may include:
  1. Moving from one on-campus residence to another on-campus residence;
  2. Rescheduling of an exam, paper, or assignment;
  3. Issuing an incomplete in a class;
  4. Withdrawing from a class;
  5. Transferring to a different class section;
  6. Taking a temporary leave from the CIA;
  7. Adjusted work schedule.
  • Know in advance, if possible, of any public release of personal identifiable information;
  • Appeal the outcome and/or sanction(s) in accordance with the process outlined in the Harassment, Sexual Misconduct, & Discrimination Policy;
  • Know that a violation of the Harassment, Sexual Misconduct, & Discrimination Policy will be based on preponderance of evidence (more likely than not);
  • Privacy to the extent possible and allowed by law/policy;
  • Be given a copy of these rights when you are notified of the complaint.
For New York State Only
Student Bill of Rights-New York State Education Law Article 129-B

New York State requires all students to have the right to:

  1. Make a report to local law enforcement and/or state police;
  2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
  3. 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 the institution;
  4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
  5. Be treated with dignity and to receive from the institution courteous, fair and respectful health care and counseling services, where available;
  6. 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;
  7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
  9. Access to at least one level of appeal of a determination;
  10. 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
  11. Exercise civil rights and practice of religion without interferences by the investigative, criminal justice, or judicial or conduct process of the institution.

7. Sexual Assault Prevention, Education and Training

The Culinary Institute of America provides programs designed to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking, including primary prevention and awareness programs for all incoming students and new employees which address the institution’s prohibition against such conduct, the definitions of such conduct, the definition of consent in reference to sexual activity in the applicable jurisdiction, safe and positive options for bystander intervention, and information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks.

This policy SaVE addendum, along with the HSMD policy, is posted on the CIA portal as well as in all employee, faculty and student handbooks. A copy of the HSMD Policy and SaVe addendum will be provided to students and employees annually.

This information is provided to students during their orientation to the CIA, through a mandated online program called “Not Anymore” through the company Student Success. All incoming students are required to complete this program within their first two weeks of arrival on campus. Students who fail to complete the program are prevented from future registration thus guaranteeing 100% compliance with completion of this educational program.

In addition, Ongoing Prevention and Awareness Campaigns occur throughout the year, which may include but not be limited to: Department of Health/Planned Parenthood presentations, The Red Flag Campaign, Sex Signals program, an Annual Wellness Expo with participation from a variety of community organizations, as well as other appropriate educational programs

Each campus location shall have resources for students on support, prevention, and awareness of sexual assault. Resources shall be available through the Office of the Title IX Coordinator, the Office of Student Affairs, SART Teams, Campus Safety and Human Resources at all CIA domestic campuses.

All Campus Safety officers receive annual training on reportable crimes under the Clery Act including all forms of sexual harassment, including sexual violence, domestic violence, dating violence and stalking as set forth in this SaVE addendum. Campus Safety on all CIA campuses provides an escort service upon request.

All administrators, faculty and staff are trained with respect to sexual harassment including sexual violence, domestic violence, dating violence or stalking in accordance with Title VII, Title IX, the Violence Against Women Reauthorization Act, the Campus SaVE Act, as well as Article 129-B of the New York Education Law and Section 67836 of the California Education Code as appropriate during their first 60 days on campus. This training may occur through Sexual Harassment and SaVE online courses, as well as necessary in person training updates on sexual harassment, sexual violence, domestic violence, dating violence and stalking as set forth in this SaVE addendum.

Any CIA employee who is involved in responding to, investigating, or adjudicating sexual misconduct as set forth in the HSMD Policy, as well as this SaVe addendum will also receive training and updates on an annual basis facilitated through the Office of the Title IX/Age Discrimination Act Coordinator.

The Title IX/Age Discrimination Act Coordinator and all investigators are initially certified through ATIXA training, and will receive continuing education to include information on sexual harassment including sexual violence, domestic violence, dating violence and stalking as set forth in this SaVE addendum.

Risk Reduction

Risk Reduction includes options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence. There are no sure means to prevent a sexual assault/offense. However, there are ways a person can lessen the likelihood of an assault or assault someone.

The following suggestions may help reduce the risk or prevent a sexual offense:

  • Be aware. Realizing that you could be a victim of a sexual offense is the first step toward protecting yourself.
  • When going out, know where you are going and speak up if you are uncomfortable with the plans.
  • Do not open doors to strangers; use your peephole or ask the individual to identify themselves prior to opening the door.
  • Lock your door as soon as you enter or leave your room.
  • Never hitchhike. Hitchhiking can lead to a very dangerous situation.
  • Avoid drugs or excessive alcohol. Many sexual offenses involve drugs or alcohol.
  • Do not leave a party with someone you just met, no matter how nice they may appear. Plan to go out with a friend and leave with the same friend.
  • Never leave an alcohol drink unattended.
  • Trust your instincts and be assertive about your rights; when safe to do so, clearly state your feelings.

The following suggestions may reduce the risk of committing a sexual offense:

  • Listen carefully. If you are unsure what your partner is saying or implying, ask for clarification.
  • Remember that a clear “yes” is needed to engage in sexual activity.
  • Don’t make assumptions.
  • If someone has had sex with you in the past, it does not mean they want to have sex with you again.
  • Be aware that having sex with someone who is incapable of giving consent due to alcohol or drug use is considered sexual assault.

Bystander Intervention

Bystander Intervention includes safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.

  • Approach everyone as a friend
  • Do not be antagonistic
  • Avoid using violence
  • Be honest and direct whenever possible
  • Recruit help ( a friend to help) if necessary
  • Keep yourself safe
  • If things get out of hand or become too serious, contact a campus administrator or law enforcement

Your personal safety and the safety of others is important. As a bystander, the following strategies can be used to intervene:

  • Step in to separate the two people
  • Use a distraction, “Can you come with me to the bathroom?”
  • Recruit another friend to help.
  • Direct the attention away from the other person. “I don’t feel well, we need to go”.
  • Evaluate the situation and determine your best move; don’t be afraid to change strategies.

Sexual Assault Response Team (SART)

The following employees make up the SART advisors at each of the branch campuses:

Hyde Park, NY

NAME TITLE SART ROLE
Daria Papalia Director, Counseling & Psychological Services Provides confidential resources to victims in Title IX cases. Able to confidentially give students options for reporting to campus authorities, local law enforcement, as well as community resources for medical and emotional support. Speaking with a counselor does not constitute a formal report to the CIA.
Nancy Bushinsky Counselor, Therapist Provides confidential resources to victims in Title IX cases. Able to confidentially give students options for reporting to campus authorities, local law enforcement, as well as community resources for medical and emotional support. Speaking with a counselor does not constitute a formal report to the CIA.
Christiane Mueller Counselor, Therapist Provides confidential resources to victims in Title IX cases. Able to confidentially give students options for reporting to campus authorities, local law enforcement, as well as community resources for medical and emotional support. Speaking with a counselor does not constitute a formal report to the CIA.
David Wapner Counselor, Therapist Provides confidential resources to victims in Title IX cases. Able to confidentially give students options for reporting to campus authorities, local law enforcement, as well as community resources for medical and emotional support. Speaking with a counselor does not constitute a formal report to the CIA.
Ryan Butler Area Coordinator On call Residence Life staff that would be most likely to receive an initial report of a Title IX incident. Reporting an incident to a Residence Life staff member will result in a formal investigation by the CIA.
Meka Harris Residence Director On call Residence Life staff that would be most likely to receive an initial report of a Title IX incident. Reporting an incident to a Residence Life staff member will result in a formal investigation by the CIA.
Kimberly Marsden Residence Director On call Residence Life staff that would be most likely to receive an initial report of a Title IX incident. Reporting an incident to a Residence Life staff member will result in a formal investigation by the CIA.
Brittnay Crocco Residence Director On call Residence Life staff that would be most likely to receive an initial report of a Title IX incident. Reporting an incident to a Residence Life staff member will result in a formal investigation by the CIA.

*Aside from Counselors, all SART members are mandated to report any Title IX complaints to Joe Morano, Title IX Coordinator in Hyde Park, NY.

St. Helena, CA

NAME TITLE SART ROLE
Kathleen Herrera Counselor, Therapist Provides confidential resources to victims in Title IX cases. Able to confidentially give students options for reporting to campus authorities, local law enforcement, as well as community resources for medical and emotional support. Speaking with a counselor does not constitute a formal report to the CIA.
Jonathan Foerster Residence Life Director On call Residence Life staff that would be most likely to receive an initial report of a Title IX incident. Reporting an incident to a Residence Life staff member will result in a formal investigation by the CIA.
Catherine Réblé Manager, Student Affairs Able to give students options for reporting to local law enforcement, as well as community resources for medical and emotional support. Reporting an incident to any CIA official will result in a formal investigation by the CIA.

*Aside from Counselors, all SART members are mandated to report any Title IX complaints to Joe Morano, Title IX Coordinator in Hyde Park, NY.

San Antonio, TX

NAME TITLE SART ROLE
April Goess Director, Education Able to give students options for reporting to local law enforcement, as well as community resources for medical and emotional support. Reporting an incident to any CIA official will result in a formal investigation by the CIA.
Mar-y-Sol Salinas Manager, Learning Strategies Able to give students options for reporting to local law enforcement, as well as community resources for medical and emotional support. Reporting an incident to any CIA official will result in a formal investigation by the CIA.
Shannon Gerome Manager, Student Affairs Able to give students options for reporting to local law enforcement, as well as community resources for medical and emotional support. Reporting an incident to any CIA official will result in a formal investigation by the CIA.

*Aside from Counselors, all SART members are mandated to report any Title IX complaints to Joe Morano, Title IX Coordinator in Hyde Park, NY.

Singapore

NAME TITLE SART ROLE
Eve Felder Managing Director Able to give students options for reporting to local law enforcement, as well as community resources for medical and emotional support. Reporting an incident to any CIA official will result in a formal investigation by the CIA.

*Aside from Counselors, all SART members are mandated to report any Title IX complaints to Joe Morano, Title IX Coordinator in Hyde Park, NY.

Immediate Resources

If the campus and local resources below do not provide the information you need, please visit rainn.org to speak to a counselor or find a rape crisis center near you. Please note that in an emergency situation, such as a student is at risk of harm to self or others, you should report directly to Campus Safety/Security or 911.

Hyde Park, NY

ON CAMPUS
(CONFIDENTIAL)
ON CAMPUS OFF CAMPUS
(CONFIDENTIAL)
OFF CAMPUS
CIA Counseling & Psychological Services (CAPS)
Student Commons 218
845-905-4241
Campus Safety
845-451-1268
Family Services, Inc.
29 North Hamilton Street
Poughkeepsie, NY
845-452-1110, ext. 3083
Provides advocacy, forensic nursing services, and counseling
Dutchess County Sheriff
150 North Hamilton Street
Poughkeepsie, NY 12601
845-486-3800
  Student Affairs
Student Commons 236
(M–F: 8:30 a.m.–5 p.m.)
Dennis Macheska
845-451-1316
Rape Crisis and Crime Victims Hotline
(24 hours)
845-452-7272
Hyde Park Police
845-229-9340
    Planned Parenthood of the Mid-Hudson Valley
1-800-230-PLAN (7526)
Provides GYN exams, emergency contraception, pregnancy testing, HIV and STD testing
 
    Mid Hudson Regional Hospital of Westchester Medical Center
845-483-5000
http://www.midhudsonregional.org
 

St. Helena, CA

ON CAMPUS
(CONFIDENTIAL)
ON CAMPUS OFF CAMPUS
(CONFIDENTIAL)
OFF CAMPUS
Kathleen Herrera
Student Counselor
707-967-2420
Campus Security
707-548-2478
Napa Emergency Women’s Services (NEWS)
1141 Pear Tree Lane, Suite 220
Napa, CA 94558
707-252-3687
St. Helena Police Department
1480 Main Street
St. Helena, CA 94574
707-967-2850
  Jonathan Foerster
(M–F: 8:30 a.m.–5 p.m.)
707-967-2486
Crisis Line
707-255-6397
Napa Police Department
1539 First Street
Napa, CA 94559
707-257-9223
    Victim Witness Assistance
1820 Jefferson Street
Napa, CA 94559
707-252-6222
 
    St. Helena Emergency Room
10 Woodland Road
St. Helena, CA 94574
707-963-6425
 
    Queen of the Valley Medical Center
1000 Trancas Street
Napa, CA 94558
707-252-4411
 

San Antonio, TX

ON CAMPUS
(CONFIDENTIAL)
ON CAMPUS OFF CAMPUS
(CONFIDENTIAL)
OFF CAMPUS
  Pearl Security
210-889-5287
Rape Crisis and Crime Victims Hotline
(24 hours)
210-349-7273
San Antonio Police Department
210-207-7273
  April Goess or Shannon Gerome
(M–F: 8:30 a.m.–5 p.m.)
210-554-6452
Bexar County Mental Health Services (24 hours)
210-207-2581
 

From Any Campus

Title IX Coordinator

The Culinary Institute of America, pursuant to Title IX, Title VII, and state laws prohibits sexual harassment, which includes sexual assault and sexual violence. Reporting to the Title IX Coordinator will require the CIA to conduct an investigation. While your confidentiality can not be guaranteed, your privacy will be protected to the extent possible:

Joseph Morano—Senior Director, Faculty Relations Title IX and Age Discrimination Act Coordinator
The Culinary Institute of America
1946 Campus Drive
Hyde Park, NY 12538
Office: Roth Hall Room S-324
Telephone: 845-451-1314
E-mail: j_morano@culinary.edu

Appendix A

Student HSMD Bill of Rights and Guiding Principles under Article 129-B of the New York Education Law
Student Bill of Rights Under Article 129-B

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 judicial or conduct 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 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 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 accused and/or the respondent, 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, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process;
  • Exercise civil rights and practice or religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
Guiding Principles regarding Consent Under Article 129-B

As outlined in the Harassment, Sexual Misconduct, and Discrimination Policy as well as this addendum, the following principles should serve as guidance regarding consent:

  • 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 initially be given but withdrawn at any time.
  • Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
  • 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.