NY Campus Safety and Security

New York Film Academy Campus Crime and Security Report

The Faculty and Staff are committed to making the New York Film Academy (NYFA) campus a safe and secure environment for students, faculty and staff. This report provides information to our campus community to raise awareness and provide necessary resources to keep them safe.

The 2013/2014 Campus Security Policy and Crime Statistics Report is designed to inform you of NYFA’s campus crime statistics, security policies and steps you can take to maximize your personal safety.

Jeanne Clery disclosure of campus security policy and campus crime act

This act requires NYFA to distribute the information contained in this report to all current and potential NYFA students and employees. Please take a moment to read the following information.

New York City Police Department
The NYC Police Department is vested with the authority and responsibility to enforce all applicable local, state and federal laws. Offices have the authority and duty to conduct criminal investigations, arrest violators and suppress campus crime. NYPD Officers’ designation as a peace officer does not authorize the appointee to carry a firearm without holding a NY State or city pistol permit (under Art. 400 of the Penal Law). NYPD has primary jurisdiction over NYFA campus located at 17 Battery Place Building and 26 Broadway Building. NYPD provides law enforcement services 24hours a day, 365 days a year.

NYFA also provides unarmed Campus Security Authorities (CSA) staff to assist with security in buildings and around the campus. The CSAs are full-time employees of NYFA.

Preparation of the Clery Report
NYFA prepares policies with the input from other departments within the institution. NYFA collects statistical information from Campus Security Authorities (CSA) and local municipal police departments including; NYPD, New York City Sheriff’s Department, and Highway Patrol.

Statistical information from NYFA CSAs, and from outside law enforcement agencies, is integrated into a single document, posted on the NYFA web page, and a hardcopy can be provided upon request.

Consent, Sexual assault, domestic violence, dating violence or stalking

Sexual harassment may include incidents between any members of the NYFA community, including faculty, staff, student employees, students, guest speakers, and non-student or non-employee participants in NYFA programs (e.g., vendors, contractors, visitors, and parents). Sexual harassment may occur in hierarchical relationships, between peers, or between individuals of the same sex or opposite sex. To determine whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.

Sexual harassment of one student by another student is defined as unwelcome conduct of a sexual nature that is so severe and/or pervasive, and objectively offensive, and that so substantially impairs a person’s access to NYFA programs or activities that the person is effectively denied equal access to NYFA resources and learning opportunities.

YES MEANS YES
Consensual sexual contact occurs when both parties have communicated a willingness to participate in sexual act. Individuals may be incapable to consenting to a sexual act under the following circumstances:

• Incapacitated by the influence of drugs or alcohol
• Suffering from a mental or physical disorder that makes them incapable of offering consent
• Acting under threats, duress or force
• Consent to sexual contact is not implied as a result of prior consent or marital or relationship status.

Definition of Sexual Assault
Sexual assault occurs when a sexual contact is nonconsensual. The words “NO or STOP” indicate non-consent to any sexual contact. Consensual sexual contact occurs when both parties have communicated a willingness to participate in sexual act. Individuals may be incapable to consenting to a sexual act under the following circumstances:

• Incapacitated by the influence of drugs or alcohol
• Suffering from a mental or physical disorder that makes them incapable of offering consent
• Acting under threats, duress or force

Consent to sexual contact is not implied as a result of prior consent or marital or relationship status.

Definition of Domestic Violence
Domestic Violence is any violent act against individuals listed below:

• Spouse or domestic partner
• Individual with a shared dependent
• Individual that receives grant or monies under a domestic family violence act or is protected under a domestic family violence act.

Definition of Dating Violence
Dating Violence is a violent act committed by a person who has been in a relationship of an intimate or romantic nature defined by the length and frequency of contact. Any violent contact between two individuals involved in a relationship may be considered dating violence.

Definition of Stalking
Stalking is a course of actions directed at an individual that would cause a reasonable person to:

• Fear for their safety or the safety of others
• Suffer substantial emotional distress

Stalking may also be considered Dating or Domestic Violence.

Reporting intimidation, threats, sexual assault, domestic violence, dating violence or stalking

New York Film Academy prohibits any form of sexual harassment or violence. Students, teachers and other New York Film Academy employees are obligated to report any incident of prohibited conduct to the Director of Operations, Campus Security Authority (CSA) and/or Human Resources. Any behavior that violates the NYFA code of conduct must be reported in a timely basis to preserve potential evidence and to protect others from future harm. Taking immediate action by reporting any act of a violent or threatening behavior preserves information and or evidence that may be required to file a restraining order or request police protection. The complainant will have the option to decline to report to police authorities but the account of the incident will be recorded and NYFA will continue to actively investigate the incident.

Every reported complaint of prohibited conduct or harassment will be investigated thoroughly, promptly, and in a confidential manner. If an act of sexual assault or domestic violence is alleged, NYFA staff will provide written notification to direct the complainant to the proper law enforcement authority or local police. A notification of rights of survivors of sexual assault, dating violence, and stalking or domestic violence will be provided and will include the following information:

• Options for reporting to law enforcement authorities, including the option to be assisted by NYFA authorities in notifying law enforcement authorities if the complainant so chooses and the right to decline to notify such authorities;
• The rights of complainants regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by criminal or civil courts and NYFAs responsibilities regarding such orders;
• The importance of preserving evidence as may be necessary to prove criminal domestic violence, dating violence, sexual assault, or stalking, or to obtain a protection order;
• Existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, and other services available both within NYFA and the community;
• Options for, and available assistance to, change academic, living, transportation, and working situations, if requested by the complainant and if reasonably available, regardless of whether the complainant chooses to report the crime to NYFA or local law enforcement;
• Any applicable procedures for institutional disciplinary action.

Notwithstanding any legal action taken by local law enforcement authorities, institutional disciplinary action for a violation of this policy can range from oral and written warnings up to and including suspension or expulsion and/or termination of employment, depending on the circumstances and violation of conduct.

Confidentiality of Reports of Sexual Harassment and Sexual Violence
Each NYFA location has identified confidential counselors with whom members of the NYFA community can consult for advice and information regarding making a report of sexual harassment or sexual violence. These counselors include Director of Operations, Title IX Coordinators, CSAs, Human Resources Director. Individuals who may be interested in bringing a report of sexual harassment or sexual violence will be provided a safe place to discuss their concerns and learn about the procedures and potential outcomes involved. The list of counselors and their office locations shall be posted on the NYFA student Hub as well as through flyers throughout the campus.

The confidential counselors shall notify the individual that designated employees have an obligation to respond to reports of sexual harassment or sexual violence, even if the individual making the report requests that no action be taken. An individual’s requests regarding the confidentiality of reports of sexual harassment or sexual violence will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of NYFA’s legal obligation to ensure a working and learning environment free from sexual harassment and sexual violence and the due process rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation, although NFYA will comply with requests for confidentiality to the extent possible.

Statistics collected and reported by NYFA for the publicly available Clear Act disclosures will not include any confidential records or specific student information related to reports of sexual harassment or sexual violence.

New York Film Academy prohibits retaliation, including but not limited to making any threatening communication by verbal, written and/or electronic means, against any individual who reports and/or provides any information concerning unlawful discrimination, harassment and/or other violations of NYFA policies, rules and standards of conduct.

Any student or employee found engaging in retaliation will be subject to disciplinary action up to and including suspension and/or termination of employment.

Investigative Process
In the event of a reported violation of this policy:

New York Film Academy designated investigators that are familiar with the policy and trained in or have experience with conducting an investigation will interview all involved parties. The interviews will take place immediately after the allegation has been submitted.

Information obtained from interviews and investigations will be handled confidentially on a need-to-know basis. However, if information is learned that requires legal action, disclosure of this information may be required during the process. If the alleged conduct is also the subject of a criminal investigation, NYFA designated investigators may not wait for the conclusion of the criminal investigation to begin an investigation pursuant to this Policy. However, the NYFA designated investigators may need to coordinate their fact-finding efforts with the police investigation. Once notified that the local police department has completed its gathering of evidence (not the ultimate outcome of the investigation or the filing of any criminal charges), the NYFA designated investigator must promptly resume and complete its fact-finding for the sexual harassment or sexual violence investigation.

New York Film Academy management or its designees will review the results of the investigation and determine the appropriate action.
Results of the investigation will be handled confidentially on a need-to-know basis.

Disciplinary action: Students, Staff & Faculty
When a violation is founded, the accused will be notified immediately after the conclusion of the finding and the specific or corrective remedial actions to be taken within. For employees, the supervisor of the accused will also receive notification as appropriate. No details about the nature or extent of disciplinary or corrective actions will be disclosed to the complaint(s) and/or witness (es) unless there is compelling reason (e.g., personal safety).

Resulting disciplinary action can include the following: verbal warning, temporary loss of specific privileges, permanent loss of specific privileges, suspension from access to the campus, expulsion and/or termination of employment.

In the event of an incident where New York Film Academy management considers there to be a significant safety risk to any students, teachers or staff, New York Film Academy reserves the right to immediately suspend the involved parties until the investigation provides reasonable assurance that students, teachers and staff are not in any danger.

New York Film Academy will not refund to students for lost privileges or lost access to New York Film Academy campus and facilities or classes, test, performances, lessons, appointments, or other activities and events resulting from a disciplinary action except as required by State or Federal policies.

Procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking include:

Level of Action: Code Red/Emergency Situation
Immediate danger to student(s), emergency notification sent out to all NYFA’s faculty, staff and students. Seek medical attention if student(s) are harmed/injured.

Level of Action: Code Yellow
Student identifies himself or herself as feeling safe. Student(s) reports no injuries and says they do not need medical attention.

Level of Action: Code Blue
Student witnesses an incident of sexual assault, sees a social media post, video, hears about an incident from a 3rd party, etc.

Anticipated Timelines after Reporting Sexual Assault:
The accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary appeal proceeding and shall be informed of the outcome of any campus disciplinary proceeding alleging sexual assault.

Step One: In investigating and determining whether a violation of this policy has occurred, the Title IX Coordinator will utilize the “preponderance of the evidence” standard of proof. This means that Title IX Coordinator will determine whether it is “more likely that not” that sexual misconduct occurred. Gather evidence, that may include interviews of all parties involved, close circuit video recordings, digital evidence or any information provided to the school by law enforcement. Review information, fill out necessary reports, communicate with members of senior administration (on a need to know basis) estimated timeline: 1-3 days.

Step Two: Determine disciplinary action, if accused goes on procedural hold, procedural hold means the student may not come on NYFA campus for up to 10 days. The accused will be notified via email of the procedural hold, and a disciplinary hearing will be held. The student will be notified via email of the date, time and location of the hearing. Estimated timeline 1-10 days.

Step Three: Disciplinary hearing held with accused student(s) and members of New York Film Academy’s administration who trained in the appropriate investigative process. The hearings are conducted in manner that protects the safety of the victim and promotes accountability. The Director’s Office will hold the disciplinary hearing with members of senior administration in attendance. Notes will be taken during the hearing. The accuser and accused are provided equal opportunity to have others present during any disciplinary hearing. The student(s) will be notified of the outcome of the disciplinary hearing via email. Estimated timeline: 1-3 days.

Step Four: Please note: A student charged with sexual assault on campus or at college-sponsored events can either be prosecuted under New York States statutes and/or disciplined under New York Film Academy’s Student Conduct Code in the Student Handbook. The Student Conduct Code disciplinary action may be applied to off-campus sexual assault under circumstances indicating a continuing direct and serious threat to the safety of individuals on campus. Even if the criminal justice authorities choose not to prosecute, New York Film Academy can pursue disciplinary action.

Step Five: Possible sanctions include: expulsion, suspension from the program, time length determined by senior administration, counseling, individual academic plan(s), independent study, and/or a combination of sanctions/disciplinary actions deemed appropriate by members of New York Film Academy’s senior administration.

Step Six: Students have the right appeal the decision of the Disciplinary Committee. All requests for appeal must be received by the committee in writing within one week from the notification of the final decision. Outcome of the appeal will be made final with 1 week of the submission of the request.

For questions regarding Title IX procedures or policies, please contact the Title IX coordinator, or the Director of Operations Office.

Student Resources and Reporting Options Guide for Sexual Assault

Risk Prevention
Important information regarding student safety on campus and preventative measures are discussed during orientation week. The Dean of Students introduces students to the various resources available to students on and off campus. Topics pertaining to personal safety, consent, bystander responsibilities, reporting procedures, timelines and possible disciplinary actions are discussed in length. Students are also handed out important

Emergency/Urgent Assistance
Call 911

To get Medical Help
New York – Presbyterian Lower Manhattan Hospital - Emergency Room
170 Williams St,
New York, NY 10038

Beth Israel Medical Group
94 E. 1St St,
New York, NY 10002

*If you wish to have an evidence collection kit (“rape kit”), you can do so at the hospital. If possible, do not shower, brush your teeth, urinate, eat, drink or change clothes.

To Report a Concern
Director of Operations: Michael Caputo – Caputo@nyfa.edu
17 Battery Place Building
Facilities Manager: Shani Patel – Shani.patel@nyfa.edu
26 Broadway Building
Title IX Coordinator: Carlye Bowers – Carlye.bowers@nyfa.edu
17 Battery Place Building

To Talk and Get Support
A list of licensed therapists and mental health providers is available in the each Department office.
24 Hour Rape Local Hotline 212-227-3000
Domestic Violence Hotline 800-621-4673
National Sexual Assault Hotline 800-656-4673

To Understand the Academy’s Title IX Administrative/Disciplinary Process
Title IX Coordinator, Carlye Bowers – Carlye.bowers@nyfa.edu
Director of Operations, Michael Caputo – Caputo@nyfa.edu

Sex Offender Notice
The New York State requires sex offenders to register with the police in the jurisdiction in which they reside. The State makes this information available to law enforcement agencies. The information for the NYFA campus community area is available at the local NYPD office located at 16 Ericsson Place, New York, NY, 10013 or visit the Megan’s Law website in the Related Information section. Additionally, the Campus Sex Crimes Prevention Act provides for the tracking of convicted sex offenders enrolled at or employed at institutions of higher education. The New York State requires sex offenders to register within the state to, within 10 working days, also “register with the campus or any of its facilities” of higher education at which the person is employed, carried on a vocation, or is a student.

Reporting Hate Crimes & Incidents
Crimes motivated by race, religion, ethnicity, disability or sexual orientation are hate crimes, and a serious offense under New York law. NYFA takes a strong stance against hate crimes. Conviction of a hate crime can result in prison time. A conviction cannot be based on speech alone, unless the speech is based on threats against a person or a group of people. If you are a victim of or witness to a hate crime or incident, report it as soon as possible to the appropriate police agency. If the incident occurs on campus, call NYPD. The Senior Directors also handle hate crimes and code of conduct violations. The most effective way to handle a hate crime of incident is by filing a police report with NYPD.

Non-emergency Procedures & Reporting Code of Conduct Violations
Students are expected to abide by ordinary rules of responsibility, courteous behavior. New York Film Academy holds all students, teachers and staff responsible for carrying out and monitoring compliance with the commitment. If you become aware of any violation of an ethical or legal obligation, or any unfair or improper treatment of a fellow student or teacher or staff member, you should report the matter immediately to the Director of Students and/or Human Resources so that it may be investigated and the appropriate action taken. By making it the responsibility of all members of the NYFA community, including students, to take an active role in policing compliance with these ethical standards and safety, we can continue to not only maintain our creative environment, but out reputation in the community.

Emergency Notification System
In the event that a situation arises, within campus or off campus, that, in the judgment of the NYFA management constitutes an ongoing threat, a campus wide “timely warning” will be issued. Systems for issuing warnings include voice calls, text and email alerts sent out using the schools messaging system. NYFA will also share warnings from local police departments if the campus area may be impacted. Updates on crimes are provided on the NYFA web page. Anyone with information warranting a timely warning should report the circumstances to NFYA Campus Security Authorities.

NYFA utilizes an emergency notification system that provides text messages sent to all students in the event of an emergency. The Campus Director and Chief Operating Officer manage this notification process.

In the event of an emergency the Campus Director will:

• Consult with local law enforcement, fire departments, public health or emergency management teams to investigate the nature and impact of the emergency to NYFA students.
• Confer with campus leadership to coordinate all emergency efforts.
• Alert designated campus emergency drill captains regarding the required steps based on the nature of the emergency.
• Activate the notification system to all students and employees
• Monitor for updates from law enforcement, fire departments, public health or emergency management teams regarding the status of the emergency
• Update students periodically using the student notification system regarding the status of the emergency

Examples of emergencies requiring campus wide student notification are as follows:

• Immediate threats to student safety
• Outbreaks of highly contagious diseases like meningitis or norovirus.
• Fire
• Weather emergencies
• Earthquake

Evacuation Procedures
New Film Academy has assigned Captains for each building. The Captains are responsible for safely escorting students and staff in the event of a fire. Instructors are also trained in the proper evacuation methods and are responsible for safely evacuating their classrooms on the Captain’s request. Students and staff are held at nearby locations until the situation is assessed and it is safe to return to the building.

The building Captains undergo annual training in fire and emergency evacuation response procedures. They coordinate annual fire and earthquake drills to ensure the campus community is familiarized with the sound of the alarms and are aware of the proper evacuation procedures for each building.

Fire safety is a matter of common sense, education and training.

Following items that are prohibited in office spaces:

• Space heaters are not to be used under any circumstance
• Personal coffee makers are required to be unplugged before staff leaves the premises
• Overloading power sockets are strictly prohibited and power strips without surge protectors are not permitted
• Smoking is not permitted in or at any of the campus buildings. Students and staff are required to use the demarcated smoking areas in each building.

Crime Log
A daily incident report is made available to the Campus Director reporting all activity related to campus crimes. A compiled list of all activity is maintained for all campus locations by the Campus Operations Director and made available to the campus security officer for annual reporting requirements. Students are notified annually to review the campus crime and security report maintained on the NYFA website.

Crime Statistics
Please refer to the end of this document for Clery crime Statistics

Security & Access to Campus Buildings & Grounds
New York Film Academy campus includes 2 buildings with over 50,418 gross square feet of maintainable structures. The current population of NYFA consists of approximately 800 students, 167 staff and faculty. New York Film Academy buildings are not accessible 24hrs. Most buildings are open until 10:00 pm daily. All buildings have security personnel either contacted by NYFA or provided by the building. Security personnel employed by NYFA conduct hourly walk-throughs and file daily logs of campus activities.

All NYFA facilities are open to students and staff during the days and evening hours when classes are in session and events are occurring. NYFA students and staff are issued ID cards that allow them to get in and out the building. NYFA buildings are usually locked to all students and staff, unless otherwise authorized. To ensure building access is possible for only authorized individuals, it is essential that students, staff and faculty work together to keep the doors closed after hours. Do not leave doors propped open or unlocked after hours. Do not open the door for unfamiliar individuals. Students and staff are required to carry their NYFA identification cards at all times.

Weapons Prohibition on Campus
Possession of any kind of firearm, BB or pellet gun, facsimile of a gun, switchblade knives, explosives, ammunition, dangerous chemicals, martial arts weapons, fireworks or any other weapons banned by aw or considered dangerous on NYFA premises or at events sponsored by or participated in by NYFA. If you are a witness to a crime involving a weapon please call 9-1-1 immediately.

Criminal Offense - On Campus	2012	2013	2014
a. Murder/Non-Negligent Manslaughter	0	0	0
b. Negligent Manslaughter	0	0	0
c. Sex Offenses - Forcible	0	0	0
d. Rape	N/A	N/A	0
e. Fondling	N/A	N/A	0
f. Sex Offenses - Non-Forcible	0	0	N/A
g. Incest	0	0	0
h. Statutory Rape	0	0	0
i. Robbery	0	0	0
j. Aggravated Assault	0	0	0
k. Burglary	0	0	0
l. Motor Vehicle Theft	0	0	0
m. Arson	0	0	0
Criminal Offences - Public Property	2012	2013	2014
a. Murder/Non-Negligent Manslaughter	0	0	0
b. Negligent Manslaughter	0	0	0
c. Sex Offenses - Forcible	0	0	0
d. Rape	N/A	N/A	0
e. Fondling	N/A	N/A	0
f. Sex Offenses - Non-Forcible	0	0	0
g. Incest	0	0	0
h. Statutory Rape	0	0	0
i. Robbery	0	0	0
j. Aggravated Assault	0	0	0
k. Burglary	0	0	0
l. Motor Vehicle Theft	0	0	0
m. Arson	0	0	0
Hate Crimes - Criminal Offence - On Campus	2012	2013	2014
a. Murder/Non-Negligent Manslaughter	0	0	0
d. Rape	0	0	0
e. Fondling	0	0	0
g. Incest	0	0	0
h. Statutory rape	0	0	0
i. Robbery	0	0	0
j. Aggravated Assault	0	0	0
k. Burglary	0	0	0
l. Motor vehicle theft	0	0	0
m. Arson	0	0	0
n. Simple assault	0	0	0
o. Larceny - theft	0	0	0
p. Intimidation	0	0	0
q. Destruction/damage/vandalism of property	0	0	0
Hate Crimes - Criminal Offence - Public Property	2012	2013	2014
a. Murder/Non-Negligent Manslaughter	0	0	0
d. Rape	0	0	0
e. Fondling	0	0	0
g. Incest	0	0	0
h. Statutory rape	0	0	0
i. Robbery	0	0	0
j. Aggravated Assault	0	0	0
k. Burglary	0	0	0
l. Motor vehicle theft	0	0	0
m. Arson	0	0	0
n. Simple assault	0	0	0
o. Larceny - theft	0	0	0
p. Intimidation	0	0	0
q. Destruction/damage/vandalism of property	0	0	0
Hate Crimes - Criminal Offence - Public Property	2012	2013	2014
a. Murder/Non-Negligent Manslaughter	0	0	0
b. Negligent Manslaughter	0	0	0
c. Sex Offenses - Forcible	0	0	0
d. Sex Offenses - Non-Forcible	0	0	0
e. Robbery	0	0	0
f. Aggravated Assault	0	0	0
g. Burglary	0	0	0
h. Motor Vehicle Theft	0	0	0
i. Arson	0	0	0
VAWA Offenses - On Campus	2012	2013	2014
a. Domestic Violence	N/A	N/A	0
b. Dating violence	N/A	N/A	0
c. Stalking	N/A	N/A	0
VAWA Offenses - Public Property	2012	2013	2014
a. Domestic Violence	N/A	N/A	0
b. Dating violence	N/A	N/A	0
c. Stalking	N/A	N/A	0
Arrests - On Campus	2012	2013	2014
a. Weapons: Carrying, possessing, etc	0	0	0
b. Drug abuse violations	0	0	0
c. Liquor Law Violations	0	0	0
Arrests - Public Property	2012	2013	2014
a. Weapons: Carrying, possessing, etc	0	0	0
b. Drug abuse violations	0	0	0
c. Liquor Law Violations	0	0	0
Disciplinary Actions - On Campus	2012	2013	2014
a. Weapons: Carrying, possessing, etc	0	0	0
b. Drug abuse violations	0	0	0
c. Liquor Law Violations	0	0	0
Disciplinary Actions - Public Property	2012	2013	2014
a. Weapons: Carrying, possessing, etc	0	0	0
b. Drug abuse violations	0	0	0
c. Liquor Law Violations	0	0	0
Unfounded Crimes	2012	2013	2014
Total unfounded crimes			0

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