Q&A
Clarification on student notification of complaint outcomes
0:35:23
·
4 min
Council Member Dinowitz seeks clarification on whether students are notified about the outcomes of their complaints and what information they receive.
- Chancellor Rodriguez confirms that students are notified of the outcome of investigations, including whether the complaint was substantiated
- The discussion reveals some confusion about what information can be shared with students due to privacy concerns
- Dinowitz expresses concern about the apparent inconsistency in guidance given to different CUNY officials regarding information sharing
Eric Dinowitz
0:35:23
Well, part of the complaint is they don't even get a response.
0:35:26
So they don't even know if their complaint is heard.
0:35:29
So I am hearing today that with this new portal
Felix Matos Rodriguez
0:35:32
That would be resolved.
0:35:33
Yes.
Eric Dinowitz
0:35:34
Should should be because it hasn't you know, you know, RFP hasn't gone out.
0:35:38
Yeah.
0:35:39
It will in a few hours, I assume.
0:35:40
It hasn't gone out.
0:35:42
But that issue will be resolved.
0:35:44
But I've also heard from students that they don't know the results of the complaint, and they may not feel safe knowing that there are zero consequences for a student who violated their civil rights.
0:35:59
And so can you please provide clarity on if someone lodges a civil rights complaint against another student or faculty member, whether they will know the outcome of that case?
Felix Matos Rodriguez
0:36:11
They're notified of the outcome.
0:36:12
Yes.
0:36:13
I mean, the the conclusion of an investigation provides an information about the outcome.
Eric Dinowitz
0:36:20
Including what steps were taken to remediate or adjudicate it.
0:36:24
Right?
0:36:24
Yeah.
0:36:25
So I I just wanna be clear because we've gotten different responses from presidents who have said, I assume per your guidance, that they're not allowed to talk about the cases.
0:36:37
They're not allowed to share with states.
Felix Matos Rodriguez
0:36:39
Not allowed to talk in a forum like this, Right?
0:36:42
Or in the media.
0:36:43
But obviously to the individuals when you file a complaint and the complaint is finalized, you do get a final disposition that tells you whether it was, substantiated or not and what action was taken.
0:36:56
Yes.
Eric Dinowitz
0:36:56
So students will find out at the end substantiated or not and what actions were taken.
0:37:00
And this is all in the RFP?
Felix Matos Rodriguez
0:37:03
That would be This is part of the process.
0:37:05
Right.
Eric Dinowitz
0:37:06
But well, that's what I'm that's that's what I'm asking is is that going to be in the contract with the vendor?
Felix Matos Rodriguez
0:37:14
Well, that's a notification that I sent to the students.
0:37:16
Yes.
Eric Dinowitz
0:37:19
I'm saying the steps lined up that you just testified to, I think are exactly the steps some of the steps a lot of students are looking for.
0:37:25
I want to ensure that that's actually in the contract.
Felix Matos Rodriguez
0:37:29
It's done.
0:37:29
Let me
Eric Dinowitz
0:37:30
let me speak to you.
0:37:31
Yeah, please.
Derek Davis
0:37:31
Let's separate the process of a portal from the responsibility of the university to investigate a case.
0:37:39
Students now who identify themselves in any form of complaint or discrimination are addressed by their campus.
0:37:47
If if there's a complaint coterminously filed with the portal, that's a different process.
0:37:53
Students are not outed or, should dare say, the result or disposition of the case isn't publicly disclosed.
0:38:03
That's a policy of every major university.
0:38:05
Right.
Eric Dinowitz
0:38:05
But what I mean is it's supposed to the
Derek Davis
0:38:07
students.
0:38:08
Counselor.
Eric Dinowitz
0:38:08
Sure.
Derek Davis
0:38:08
They will they will receive the support and counseling that they need at the campus level.
0:38:13
If a student is disciplined, if a staff member is, written up for conduct unbecoming, that will be dealt with within the protocols that already exist within the City University of New York.
0:38:25
That's not something new or different.
0:38:27
What you're asking, I think, is will the portal itself actually state the outcome and the disposition of a matter with respect to a student.
0:38:36
There are limitations at law on that, FERPA and otherwise in privacy.
0:38:40
So it might say, and it would I don't think it's the place for this administration at this proceeding to tell you what will or will not be posted on a website, but I can tell you there will be limitations as a matter of law.
Eric Dinowitz
0:38:52
Will a student who
Kalman Yeger
0:38:54
Of course.
Eric Dinowitz
0:38:54
Complains Yes.
0:38:55
Receive
Kalman Yeger
0:38:56
Yes.
0:38:56
Yes.
Eric Dinowitz
0:38:57
Okay.
0:38:57
But that would be Is that but I just wanna be clear because is that written anywhere in the policy?
0:39:02
I hear you testifying to it today.
Felix Matos Rodriguez
0:39:03
It is.
0:39:04
And and that and that is portal independent.
0:39:06
I mean, that is the the final adjudication of a case.
0:39:10
You get a communication from the campus, the portal would just sort of probably signal that the case has been that the investigation has been closed.
0:39:18
But the actual outcome would be revealed to the individuals who are part of the claim.
Eric Dinowitz
0:39:24
I think one of the the important observations from judge Littmann was that depending where you look, there's different guidance.
0:39:33
And it sounds to me, based on speaking to students, presidents, and you here today, that there seems to be different guidance about what information is allowed to be shared with students and what is not.
0:39:45
So the clarity you're giving me today that if I if a student complains about their civil rights being violated, they will get notification as to the outcome of that.
0:39:54
Is that written in any policy?
0:39:57
Where is that written down in
Felix Matos Rodriguez
0:39:58
the form?
0:39:59
I mean, that is part of the policy that you get notification.
0:40:01
If you're part of a of a former complaint, that is part of the policy.
