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NY attorney general's settlement with Dominican College

NY attorney general's settlement with Dominican College

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Published by The Post-Standard

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Published by: The Post-Standard on Jul 20, 2012
Copyright:Attribution Non-commercial

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07/20/2012

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I
{"
ATTORNEYGENERAL
OF
THE
STATE OF
NEWYORK
CIVIL RIGHTS
BUREAU
----------------------------------------------.---------------------)(
In
the Matter of:
DOMINICAN COLLEGE
OF
BLAUVELT
---------------------------------------------------------------------)(
AOD
No.
09-039
ASSURANCE OFDISCONTINUANCE
PURSUANT
TOE)(ECUTIVE LAW63(15)WHEREAS, pursuant to the provisions
of
§ 63(12)
of
the
New
York StateExecutive Law,
Andrew
M. Cuomo, Attorney General
of
the State
of
New
York
("OAG")
has commenced an investigation into the policies, procedures, and practicesregarding the campus crime reporting requirements
of
Dominican College
of
Blauvelt("Dominican College") within the State
of
New
York;WHEREAS, Dominican College is an accredited post-secondary educationalinstitution in the State
of
N
ew
York, which served 1,963 students in the Fall 2008semester,
of
which 1,347 were female and 616 male;WHEREAS,
New
York State Executive Law § 63(12) prohibits repeated
or
persistent fraudulent
or
illegal acts in the transaction
of
business;WHEREAS,
New
York State Executive Law § 296(2)(a) provides that it isunlawful discrimination for any place
of
public accommodation to engage in conductwhich directly
or
indirectly withholds any accommodations, advantages, facilities
or
privileges based on sex;WHEREAS, 20 U.S.C. § 1092(f), the Crime Awareness and Campus Security
Act
("Clery Act"), requires annual reporting
of
the number
of
enumerated crimes, includingforcible sex offenses reported in campus residence halls and on campus;
 
WHEREAS, Dominican College
is
subject to
New
York State Executive Law
§§
63(12) and 296(2)(a) and 20 U.S.C. § 1092(f) and its implementing regulations, and;WHEREAS, the parties herein desire to obviate further investigation or potential
l i t i g ~ t i o n ,
 
and
itis
expressly understood, with respect to the investigation
of
the OAG,that this
is
a compromise settlement entered into solely for the purposes
of
avoiding theexpense and inconvenience
of
further investigation and
in
lieu
of
commencing a judicialproceeding pursuant to Executive Law §63( 12);IT
NOW
APPEARING THAT Dominican College desires to settle and resolvethe investigation without admitting or denying the
OAG's
findings, the
OAG
andDominican College, in consideration
of
the covenants and understandings set forth hereinand intending to be legally bound thereby, hereby enter into this Assurance
of
Discontinuance pursuant to Executive Law §63(15) and agree as follows:
I.
DEFINITIONS
I.Throughout this Assurance
of
Discontinuance, the following terms shall have thefollowing meanings:(a)"Assurance" means this Assurance
of
Discontinuance.(b) "Dominican College" means Dominican College, a post-secondaryeducational institution receiving federal and state funding located at 470Western Highway, Orangeburg,
New
York, and any
of
its employees,agents, independent contractors, and assignees.(c) "Campus Security Authority" means any member
of
the campus securitydepartment; any individual who has any responsibility for campus securitywhether or not a member
of
the security department; any individual or
2
 
organization specified
in
any campus policy as an individual
or
organization to which students and employees should report criminaloffenses; or any official, which may include a student, who has significantresponsibility for student and campus activities, including but not limitedto student housing, student discipline and campus judicial proceedings, butshall not include pastoral or professionaL counselors acting as confidentialcounselors.(d) "Effective Date" means the date this Assurance
is
executed by the partieshereto.(e) "Including" means including but not limited to.
(t)
The use
of
the singular form
of
any word includes the plural and viceversa.
II.
ATTORNEY
GENERAL'S
INVESTIGATION
AND
CONCLUSIONS
2.In August 2008, the OAG received allegations that Dominican College falselyreported its campus crime statistics, particularly with regard to on-campus sexualassaults.3.In response, the OAG conducted an investigation into Dominican College'spolicies, procedures and practices for compiling and reporting crime statistics.4. Campus crime statistics represent alleged criminal offenses reported to campussecurity authorities, as well as some offenses reported to local law enforcementagencies. These alleged crimes are broken down by type
of
crime and by
3

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