Policy on Sexual Misconduct and Maintaining Appropriate Boundaries with Students

Applicability 
All employees, contractors, and volunteers who are employed or engaged by Prep and interact  with, supervise, chaperone, or otherwise oversee students in any Prep-sponsored activity are  covered persons under this policy as defined below.  

Definitions 
Covered person means all employees, contractors, and volunteers who are employed or engaged  by Prep and interact with, supervise, chaperone, or otherwise oversee students during the program or in any Prep-sponsored activity.*
 
Covered employee means any covered person who is employed by Prep.  

Sexual misconduct includes sexual abuse, sexual harassment, and sexual exploitation directed at  any individual, and may occur between a student and a staff member, or between two students. Forms of sexual misconduct prohibited by Prep may include but are not limited to: 

• Sexual abuse: Unwelcome physical touching of a sexual nature.
• Sexual harassment: Unwelcome sexual advances, requests for sexual favors, or other verbal  or physical conduct of a sexual nature. Some examples of conduct, standing alone or as part  of a continuing or repeated series of acts, that might constitute sexual harassment include:  unwanted sexual advances; demands for sexual favors in exchange for favorable treatment;  sexual jokes, flirtations, advances, or propositions; verbal abuse of a sexual nature; graphic  verbal commentary about an individual’s body, sexual prowess, or sexual deficiencies;  leering, whistling, touching, pinching, coerced sexual acts, or suggestive, insulting, or  obscene comments or gestures; using a weapon to intimidate or coerce sexual activity; displaying sexually suggestive objects or pictures; name-calling; storytelling; gossip; comments or jokes that are derogatory toward a particular sex; asking questions about  sexual conduct or sexual orientation or preferences; and harassment or other forms of  discrimination consistently or repeatedly targeted at only one sex, even if the content of  such harassment is not sexual.
• Sexual exploitation: Sexual exploitation is any act where one person violates the sexual  privacy of another or takes unjust or abusive sexual advantage of another(e.g., voyeurism,  exposure to pornography, sexting, etc.).  

Student means any current student participant in either Prep or PREP 9, regardless of age. For  the avoidance of doubt, this means students in the Preparatory Component, post-placement  students, and undergraduate students.  

*For the avoidance of doubt, this policy covers the following individuals at Prep: executive staff, admissions  employees, Preparatory Component employees (including teachers), post-placement employees, counselors, tutors,  undergraduate affairs employees, college guidance employees, professional advancement employees, advisors,  social workers, I.Q. testers, development employees, alumni affairs employees, finance and administration  employees, technology employees, operations staff, human resources employees, therapists, psychiatrists, and  volunteers.

Policy Statement 
Strong relationships are critical to Prep’s mission and success, along with clear boundaries to  avoid misunderstandings, unhealthy dynamics, or abuse of power. This policy is in addition to  Prep’s policies on harassment and discrimination, which also apply to interactions between  covered persons and students.
 
Prohibition of Sexual Misconduct 
Sexual misconduct is strictly prohibited.
 
Sexual or intimate relationships between covered persons and students are strictly prohibited. For the avoidance of doubt, this includes students who are over the age of 18 and/or  undergraduate students.
 
Non-contact sexual activity (e.g., voyeurism, exposure to pornography, sexting, etc.) with a  student in any of the Prep programs is also prohibited, regardless of the student’s age.
 
Prep also prohibits sexual or intimate relationships between covered employees and alumni  under age 24. Covered employees should not interact socially with alumni under age 24.
 
While not prohibited, sexual or intimate relationships between covered employees and alumni  over age 24 are discouraged.  
This policy is not intended to prohibit consensual relationships between peers, provided such  relationship is disclosed to the Human Resources Manager.
 
Professional Boundaries
All covered persons are obligated to observe appropriate professional boundaries in all of their  interactions with students. Healthy, supportive, and nurturing relationships are foundational to  Prep’s mission. However, appropriate boundaries must be observed to prevent relationships  that could lead to or that may be perceived as sexual misconduct. 

The examples of appropriate and inappropriate behavior set forth in this policy are not exhaustive.
 
Interpersonal Conduct  
Covered persons must maintain their role in all interactions or situations with students. Covered  persons should avoid any behavior that might have the appearance of impropriety, and should  follow the below guidelines:  

• Do not gossip with students about Prep community members or engage in conversations  regarding romantic, sexual, or related matters with or in front of students; your personal  intimate issues are not appropriate topics of discussion with a student. 
• Do not be perceived as having favorites or a “special” relationship with any particular  student, including giving gifts to only one student. 
• Refrain from commenting on students’ physical appearance, including their attire or bodies. 
• Recognize that you are not a student’s peer or parent. 
• Do not direct any students to keep secrets or withhold information from their parents, caregivers, or other covered employees. 
• Do not employ students in your personal capacity (e.g., babysitting, dog walking). 
• Initiating, permitting, or inviting inappropriate or unnecessary physical contact with  students is prohibited. Specifically, covered persons should avoid extended hugs, placing  hands on waists or backs, and other such intimate contact.  

Boundary Testing
It is the covered person’s obligation to redirect students if they are testing boundaries, and the covered person should clearly and firmly discourage such behavior. If the behavior continues, the covered person should involve their supervisor, Component Director, or the Director of Mental Wellness to help set appropriate boundaries.
 
Meeting with Students
Covered persons should avoid being alone with students.
If one-on-one interaction is required, meet in a public space if possible. If a public space is not practicable because of the circumstances or the nature of a  conversation (e.g., a counseling session), meet in a place with windows that give visibility  into the room.  For both in-person and online meetings, meet at an appropriate time.  One-on-one meals with students are discouraged. All meals should be at appropriate times, and covered persons must provide detailed receipts.  

Do not allow a student or a group of students to spend time at your home.

Covered persons should not drive alone with students. 

If a situation arises where a covered person must be alone with a student in way that is inconsistent with these guidelines, the covered person should notify their supervisor and the applicable Component Director or the Executive Director.

Drugs and Alcohol; Other Prohibited Items

• Never use, possess, or be under the influence of drugs or alcohol in the presence of a student. 
• Never provide a student with alcohol, drugs, tobacco products, inappropriate videos,  pornography, or other such items. 
• Never permit a student to drink, use drugs, or smoke in your presence. 
• Take active steps to address the situation if a minor student is discovered with alcohol or drugs.
• For the avoidance of doubt, these guidelines apply even if a student is over the age of 21  (e.g., covered persons should not consume alcohol in the presence of a student, even if  that student is over age 21). However, nothing in this policy is meant to prohibit the  responsible consumption of alcohol by those of legal drinking age at Prep-hosted  community events (e.g., the Lilac Ball, the holiday party, or networking receptions). 

Social Media and Communications
Prep considers discretion and prudent judgment in communications, including social networking activities, to be a serious matter to ensure that Prep, its students, and covered persons are  protected. Do not engage in communications with students through any method (including email, text, phone, social media, etc.) outside of academic or programmatic need. Covered persons should not communicate with students using their personal phone number or email address. Communications should not be sent between the hours of 9 p.m. and 6 a.m.  

Covered persons are prohibited from initiating or accepting social network friend/follower requests from current students of any age, alumni under the age of 24, and the parents of any current or prospective students. Further, if these individuals have public accounts, you are directed not to intentionally view them.
 
Please note that covered persons are permitted to connect to students of any age on LinkedIn  because it is a professional networking site.
 
Use professional discretion when communicating with or connecting online with alumni who are  over the age of 24. When doing so, recognize that many former students have online  connections with current students (including younger siblings and friends) and that information  shared between program-related adults and recent alumni is likely to be seen by current  students as well. 

Required Training
Covered persons will attend (virtually or in-person) training on appropriate boundaries in the  context of Prep’s work as directed by Prep. 

This training will cover the content of this policy and additional relevant information, including:

• Maintaining an appropriate role, and modeling appropriate behavior
• Setting and maintaining appropriate boundaries, which is the covered person’s obligation
• Understanding the imbalance of power in interactions with students and former students
• Accountability of covered persons
• Reporting obligations for covered persons under this and other policies, including the  Policy for the Mandatory Reporting of Suspicion of Child Abuse, Maltreatment, or Neglect
• Investigation procedures for violations of this policy
• Consequences of policy violations 

Covered employees designated to receive and investigate reports of potential violations of this  policy will receive training consistent with the above and additional training on the investigation  process. Such training will include how to conduct an investigation.
 
Reporting
Anyone who has questions or concerns about potential boundary violations between adults and  students should report those concerns as set forth below as soon as possible. Even if no  boundary violations are confirmed, it is important that covered persons report even suspicions or  behavior that does not fit within these guidelines to ensure that Prep can investigate and  respond, if warranted. Often, there are signs and red flags of behavior that may be noticed before misconduct occurs.  

Any member of the Prep community may make a report of sexual misconduct or boundary  crossing by contacting the Director of Mental Wellness, Alejandro Luciano, 212-579-1390,  aluciano@prepforprep.org.

Covered Persons
Covered persons must report sexual misconduct or boundary crossing to their Component  Director and the Director of Mental Wellness, Alejandro Luciano, 212-579-1390,  aluciano@prepforprep.org.  

Current Students & Families  
Students and families may also make a report of sexual misconduct by contacting any of the following individuals:
  
For Students & Families in the Preparatory and PREP 9 Component:  

• Director of Academic Programs, Nikole Y. Smith, 212-579-1470 ext. 222,  nsmith@prepforprep.org.
• Clinical Social Worker, Amanda Nelson, 212-579-1470 ext. 250, anelson@prepforprep.org.  

For Students & Families in the Post-Placement Program:  

• Director of Post-Placement Counseling, Roberta Osorio, 212-579-1390 ext. 164,  rosorio@prepforprep.org. 
• Clinical Social Worker, Amanda Nelson, 212-579-1470 ext. 250, anelson@prepforprep.org.  

For Undergraduate Students & Families:  

• Director of Undergraduate Affairs, Corey Rhoades, 212-579-1390 ext. 112,  crhoades@prepforprep.org.  

Historic Reports
Any Prep community member who wishes to report historic instances of sexual misconduct  involving a covered person or former employee should contact the Chief Executive Officer, Ruth  Jurgensen, 212-579-1390 ext. 127, rjurgensen@prepforprep.org.
 
Prep does not have authority to discipline former employees. However, if Prep receives a report alleging sexual misconduct by a former employee, Prep will review the allegation and determine  if a report needs to be made and/or whether any further action is warranted.
 
Anonymous Reporting
Any individuals who wish to report sexual misconduct or boundary crossing anonymously may do  so through EthicsPoint by contacting 844-235-9692 or submitting a report at  https://prepforprep.ethicspoint.com. Prep will address anonymous reports in accordance with  this policy, but any investigation may be limited based on the information provided in the  anonymous report. 

Mandatory Reporting  
If a covered person has reasonable cause to suspect or believe that sexual misconduct involving  a child has occurred, or if there is a reason to believe that a student has been abused, 
maltreated, or neglected, the covered person must follow the Policy for the Mandatory  Reporting of Suspicion of Child Abuse, Maltreatment, or Neglect. 

Conflicts  
To the extent a complaint involves any of the individuals identified to receive reports under this  policy, or if a complainant is uncomfortable reporting to any of the individuals identified to receive reports under this policy, a report may be made to any of the following:  

• Director of Mental Wellness, Alejandro Luciano, 212-579-1390, aluciano@prepforprep.org; or
• Executive Director, Jackson Collins, 212-579-1390 ext. 109, jcollins@prepforprep.org; 
• Chief Executive Officer, Ruth Jurgensen, 212-579-1390 ext. 127, rjurgensen@prepforprep.org 

Additional Resources 
Sexual misconduct can also be reported to law enforcement. Separate from the reporting  mechanisms outlined in this policy, victims also may contact the New York Police Department  (at 311, 911, or https://www1.nyc.gov/site/nypd/about/about-nypd/email-the-comissioner.page). 

Investigation Procedure  
All allegations of sexual misconduct and/or inappropriate boundary crossing will be taken  seriously. After receiving a complaint, the Director of Mental Wellness and the Executive  Director (or such other person(s) as appointed by the Chief Executive Officer) will determine  whether further investigation is required.  

If further investigation is required, the Executive Director or their designee will conduct a  prompt, thorough, and impartial investigation. In some cases, depending on the circumstances,  Prep may engage outside counsel or an investigation firm to conduct an investigation.  

Investigations may include the following steps:  

• Prep will determine whether to take any interim actions (for example, instructing the  covered person about whom the report was made to refrain from working or otherwise  engaging in activities on behalf of Prep), as appropriate. 
• To the extent a complaint involves a student, the Executive Director will notify the  student’s parent and/or caregiver.
• The investigator will take steps to obtain, review, and preserve documents sufficient to  assess the allegations, including documents, emails, or phone records that may be  relevant to the investigation.
• The investigator will seek to interview all parties involved, including any relevant  witnesses. The investigator will advise parties that retaliation is prohibited. 
• The investigator will create a written documentation of the investigation (such as a letter,  memo, or email) that summarizes the evidence obtained in the investigation.
• Following the conclusion of an investigation, the Executive Director will endeavor to  promptly notify the individual(s) who reported the behavior and the individual(s) about  whom the report was made that the investigation has been completed and implement  any corrective actions identified.  

All covered persons are required to fully cooperate in any investigation pursuant to this policy.  Prep will endeavor to preserve confidentiality whenever possible.
 
After receiving a complaint of sexual misconduct, the Director of Mental Wellness will endeavor  to offer supportive measures to the complainant. Supportive measures may include counseling  services for students through Prep, referral to other resources, or reasonable academic  accommodations. Supportive measures may be made available regardless of the outcome of  any investigation.  
In order to protect Prep students and other members of the Prep community, Prep may review  or investigate reports of violations of this policy, even if a complainant withdraws their complaint or does not want to participate in an investigation.
 
If Prep determines that a violation of this policy has occurred, Prep will take disciplinary action as  appropriate. Covered employees who are terminated for misconduct under this policy will be  ineligible for rehire.  

In the event allegations involve the Executive Director, or if the Chief Executive Officer  determines there is a conflict of interest, the Chief Executive Officer will designate another  individual to conduct the investigation.
 
Recordkeeping  
In the event an investigation is conducted, the Executive Director shall notify the Chief Executive  Officer. The Chief Executive Officer will inform the President(s) of the Board of Trustees.
 
Reports of potential violations of this policy will be maintained by the Executive Director. Access  to these records will be limited. If the individual about whom the complaint was made is an  employee or former employee, a note of the complaint will also be made in the employee’s  personnel file.  

Retaliation is Prohibited
Prep will not allow any form of retaliation against individuals who make a report or raise  concerns related to this policy. 
Retaliation is any form of intimidation, reprisal, bullying, or harassment directed against an  employee, student, or third party who reports sexual misconduct, provides information during  an investigation of a report of sexual misconduct, witnesses or has reliable information about  any such incident or behavior, or otherwise assists in the enforcement of this policy. 

Questions 
Questions or concerns about this policy or what to do when you are uncertain about a situation  involving a student should be directed to the Director of Mental Wellness or the Executive Director.