November 8, 2024
I am writing to you about the new University-wide policy titled the “Policy on Sex-Based Misconduct,” issued August 1, 2024. This is an emergent issue that involves balancing various important interests and needs, including the needs to protect victims of sex-based misconduct and comply with relevant federal regulations, while also ensuring the collective bargaining relationship and due process for our members.
CUNY made these changes to comply with new federal regulations issued on April 19, 2024. The new policy replaced the prior policy, titled “Policy on Sexual Misconduct.” CUNY gave no notice and did not consult with PSC regarding the issuance of this policy. On August 19, 2024, I sent a letter to CUNY’s General Counsel, Derek Davis, objecting that PSC was not given the opportunity to bargain over these changes, objecting to aspects of the policy that conflict with our contract, and demanding training for our members.
After receiving an unsatisfactory response to my letter, on September 12, PSC filed a Step 2 grievance. On October 17, PSC met with management to discuss the new policy. While the meeting was productive, we are awaiting a direct response to our demands, chief among them that CUNY provide paid training and clear guidance to our members on the policy changes. We continue to pressure them for a response and expect to have more information in the coming weeks.
In the meantime, we continue to field questions from our members. These have fallen into three general categories: 1.) What are the key changes? 2.) Will there be additional training and guidance? 3.) What to do in the meantime? We will address these questions below.
1. What are the key changes?
Attached to this letter is a CUNY document that summarizes the key changes. Perhaps the most significant is an expansion of who is required to report incidents to their college Title IX coordinator. Under the old policy, there was a category of “responsible” employees, who were required to report incidents to the Title IX coordinator. Now, under the new policy, there is a category of “Mandatory Reporters,” whose responsibilities are partially summarized as follows:
[E]very employee who has the authority to institute corrective measures on behalf of CUNY or who has responsibility for administrative leadership, teaching, or advising within CUNY is a Mandatory Reporter who has a duty to notify the Title IX Coordinator for their school, college, or unit when they reasonably suspect or observe conduct that may constitute Sex-Based Misconduct under the Policy.
Section VI(B), at p. 13. This new definition includes a far greater proportion of the PSC bargaining unit. We have requested clarification on which of our members are now considered Mandatory Reporters. If you have any questions about whether you are a Mandatory Reporter, please email your college’s human resources department and request that they give you an answer.
2. Will there be training and guidance?
PSC has repeatedly demanded that CUNY provide clear training and guidance. We expect to have more information on this shortly. Currently, it appears that the only training from CUNY Central is contained in a handful of slides on the annual Employee Sexual Misconduct Prevention and Response Course. Obviously, this is inadequate. Nonetheless, all members are required to complete this training and should do so. Additionally, the American Association of University Professors is conducting a training on November 13, 2024. We strongly encourage our members to attend this training.
3. What to do in the meantime?
CUNY’s roll out of this new policy was rushed. CUNY failed to properly communicate with PSC and its members and failed to provide appropriate training and guidance. However, the policy is currently in place, was issued pursuant to federal regulations, and is intended to prevent sex-based misconduct. It is important that our members do their best to understand and comply with the policy. CUNY has signaled to PSC that they do not intend to discipline members for failing to report. However, we do not want to risk members being disciplined for allegedly failing to follow this policy.
We expect to have more information in the coming weeks and will continue to hold CUNY management accountable.
Published: November 8, 2024
