Debt of Graduates and Cohort Default Rates at Stony Brook University
This panel presentation by Braden J. Hosch, Ph.D., discusses the debt burden and default rates of graduates at Stony Brook University, highlighting the importance of local contexts in predicting high debt among students. The preliminary findings aim to address college affordability and shed light on factors influencing debt accumulation and default rates based on various student profiles.
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HHB Analysis Slides FOR INVESTIGATOR USE: Evidence Collection Stage-Fall 2020 Presented by: Heather T. Lynn, Esq., Partner Lynn, Lynn, Blackman & Manitsky, P.C. 76 St. Paul Street, Suite 400 Burlington, Vermont 05401 802-860-1500 hthomaslynn@lynnlawvt.com For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 1
INSTRUCTIONS: For Use during the Investigation Phase. These Slides are designed to help Investigators in their attempt to collect relevant information, by informing their understanding of what areas of inquiry or topics they should be exploring in interviews, and/or what kinds of information in documents will be useful to gather in order to reach a decision in a case, depending upon the policy definition that is being examined (harassment or bullying, for example). For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 2
Harassment Harassment means an incident or incidents of verbal, written, visual, or physical conduct including any incident conducted by electronic means based on or motivated by a student s or a student s family member s actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability that has the purpose OR effect of objectively and substantially undermining and detracting from or interfering with a student s educational performance OR access to school resources OR creating an objectively intimidating, hostile, or offensive environment. 16 V.S.A. 11(a)(26)(A) and HHB Policy SECTION IV.G. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 3
Detracting or Interfering with Students Detracting or Interfering with Student s Educational Performance Educational Performance Example: Student is taunted regularly in math class. Student complains about the taunting. Student does not mention, however, that his concentration is affected. Thus, class participation, in class work, and in class test performance, are all diminished in comparison to classes without harassing behavior. As you conduct the investigation it becomes clear that a protected characteristic motivated the behaviors, but the impact of those behaviors is not clear. YOU need to ask their teachers about changes in performance. In addition review for yourself documentary evidence grades, attendance. Make copies of these and put in your investigation/evidence file. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 4
Access to Resources Access to Resources- -Examples Examples Student stops coming to school.*** Student avoids a class where harassment occurs. Student does not use a library where harassment occurs. *** If a student stops coming to school a standard inquiry should be from an administrator to the family is there anything going on with any of the other kids at school that you d like us to know about or look into?? Even the upset tummy issue could really be a lurking harassment/bullying issue For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 5
Or creating an objectively intimidating, Or creating an objectively intimidating, hostile OR offensive environment. hostile OR offensive environment. This impact is assessed based on an objective person situated as that the victim/target experiencing ONE of the following three options: > An intimidating environment; OR > A hostile environment; OR > An offensive environment. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 6
Racial Harassment Racial Harassment conduct directed at the characteristics of a student s or a student s family members actual or perceived race or color, and includes the use of epithets, stereotypes, racial slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display or circulation of written or visual material, and taunts on manner of speech and negative references to cultural customs. HHB POLICY Part IV.G(2).(Definitions). For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 7
Harassment of Members of (Other) Protected Categories means conduct directed at the characteristics of a student s or a student s family member s actual or perceived creed, national origin, marital status, disability, sex, sexual orientation, or gender identity and includes the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, taunts on manner of speech, and negative references to customs related to any of these protected categories. HHB Policy Part IV.G(3).(Definitions). For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 8
Investigation Phase: Harassment Slide 1 of 2 NEW! INVESTIGATOR INSTRUCTIONS: In cases of alleged or suspected HARASSMENT, interview questions and any reviews of documentary evidence should focus on and examine whether a RESPONDENT STUDENT or ADULT s verbal, written, visual or physical conduct, including any incident conducted by electronic means, MIGHT HAVE BEEN: (a) based on OR motivated by the (targeted/victim) Student s actual (CIRCLE ALL THAT APPLY) Race, Creed, Color, National Origin, Marital Status, Disability, Sex, Sexual Orientation, or Gender Identity? (b) based on OR motivated by the (targeted/victim) Student s perceived (CIRCLE ALL THAT APPLY) Race, Creed, National Origin, Marital Status, Disability, Sex, Sexual Orientation, or Gender Identity ? Color, (c) based on OR motivated by the (targeted/victim) Student Family Member s actual (CIRCLE ALL THAT APPLY) Race, Creed, Color, National Origin, Marital Status, Disability, Sex, Sexual Orientation, or Gender Identity ? (d) based on OR motivated by the (targeted/victim) Student s Family Member s perceived (CIRCLE ALL THAT APPLY) Race, Creed, Color, National Origin, Marital Status, Disability, Sex, Sexual Orientation, or Gender Identity ? For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 9
Investigation Phase: Harassment Slide 2 of 2 NEW! INVESTIGATOR INSTRUCTIONS: In cases of alleged or suspected HARASSMENT, interview questions and any reviews of documentary evidence should ALSO focus on and examine whether a RESPONDENT STUDENT or ADULT s conduct had either: (2) the purpose of objectively and substantially undermining and detracting from or interfering with the targeted student (victim s) educational performance ______ (YES/NO) (3) the purpose of objectively and substantially undermining and detracting from or interfering with the targeted student (victim s) access to school resources ______ (YES/NO) (4) the purpose of creating an objectively intimidating, hostile, or offensive environment. (YES/NO) (5) the effect of objectively and substantially undermining and detracting from or interfering with the targeted student (victim s) educational performance ______ (YES/NO) (6) the effect of objectively and substantially undermining and detracting from or interfering with the targeted student (victim s) access to school resources ______ (YES/NO) (7) the effect of creating an objectively intimidating, hostile, or offensive environment. (YES/NO) ______ ______ For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 10
VT HHB POLICY Definition of Sexual Harassment VT s Sexual Harassment definition is defined as follows: Harassment may also include sexual harassment which IS unwelcome conduct of a sexual nature, that includes sexual violence/sexual assault, sexual advances, requests for sexual favors, and other verbal, written visual or physical conduct of a sexual nature, and includes situations when one or both of the following occur: i. Submission to that conduct is made either explicitly or implicitly a term or condition of a student s education, academic status, or progress; or ii.Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student. Sexual harassment may ALSO include student-on-student conduct or conduct of a non-employee third party that creates a hostile environment. A hostile environment exists where the harassing conduct is severe, persistent or pervasive so as to deny or limit the student s ability to participate in or benefit from the educational program on the basis of sex. VT HHB Policy Part IV.G(1).(Definitions). For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 11
SEXUAL HARASSMENT However, sexual harassment is a particular kind of harassment on the basis of sex that is prohibited BOTH by Vermont law (9 V.S.A. Sec. 4500) and federal Title IX. STARTING IN FALL 2020: if the evidence gathered by you relates to ANY OF THE FOLLOWING: Quid Pro Quo harassment (conditioning the provision of an aid, benefit, or service of the District on an individuals participation in unwelcome sexual conduct): OR Unwelcome (sexual) conduct determined by a reasonable person to be so severe, pervasive AND objectively offensive that it effectively denies a person equal access to the school s education program or activity; OR Sexual assault OR Dating Violence OR Domestic violence OR Stalking, IT MIGHT VIOLATE FEDERAL TITLE IX SEXUAL HARASSMENT AND YOU MUST REPORT THE CASE OVER TO THE TITLE IX COORDINATOR IMMEDIATELY FOR HANDLING through the TITLE IX PROCEDURES AND POLICY. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 12
Bullying. VT HHB POLICY IV.A.Definition Means any overt act or combination of acts directed against a student by another student or group of students, which is: Repeated over time; Is intended to ridicule, humiliate, or intimidate the student; and Occurs during the school day on school property, on a school bus, or at a school sponsored activity or before or after the school day on a school bus or at a school sponsored activity. OR Does not occur during the school day on school property, on a school bus, or at a school-sponsored activity and can be shown to pose a clear and substantial interference with another student s right to access educational programs.(2011 Amendment) See 16 V.S.A. 11(32). NOTE: Need NOT target a protected characteristic. NOTE: Must be repeated to be considered bullying. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 13
Investigation Phase: Bullying - Slide 1 of 4- NEW! NEW! INVESTIGATOR INSTRUCTIONS: In cases of alleged or suspected BULLYING, interview questions and any reviews of documentary evidence should examine whether a RESPONDENT STUDENT s conduct was either: 1a. an overt act or combination of acts that was directed towards another student? 1b. repeated over time? For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 14
Investigation Phase: Bullying Slide 2 of 4 NEW! NEW! INVESTIGATOR INSTRUCTIONS: In cases of alleged or suspected BULLYING, interview questions and any reviews of documentary evidence should ALSO focus on and examine whether a RESPONDENT STUDENT s conduct either: 2. (a) MIGHT constitute conduct intended to ridicule the victim/complainant student? 2. (b) MIGHT constitute conduct intended to humiliate the victim/complainant student? 2. (c) MIGHT constitute conduct intended to intimidate the victim/complainant student? Yes _ No ______ For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 15
Investigation Phase: Bullying Slide 3 of 4 NEW! INVESTIGATOR INSTRUCTIONS: In cases of alleged or suspected BULLYING, interview questions and any reviews of documentary evidence should ALSO focus on and examine whether a RESPONDENT STUDENT s conduct: NEW! 3.(a) occur during the school day on school property? 3.(b) occur on a school bus? 3.(c) occur at school sponsored activity? For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 16
Investigation Phase: Bullying Slide 4 of 4 NEW! NEW! INVESTIGATOR INSTRUCTIONS: In cases of alleged or suspected BULLYING, interview questions and any reviews of documentary evidence should ALSO focus on and examine whether a RESPONDENT STUDENT s conduct: 4. posed a clear and substantial interference with the victim/complainant student s right to access educational programs? NOTE: Depending on where the conduct occurred, this evidence may or may not be required to show bullying, however it will still be of relevance in determining what kinds of remedial actions may be required at the end of the investigation to remedy impact on the Complainant student. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 17
Hazing (VT HHB Policy IV.(H.) Definition) Any intentional, knowing or reckless act committed by a student*, whether individually or in concert with others, against another student: In connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization which is affiliated with the educational institution: and (1) which is intended to have the effect of, or should reasonably be expected to have the effect of, endangering the mental or physical health of the student. Hazing shall not include any activity or conduct that furthers legitimate curricular, extra curricular, or military training program goals, provided that: 1)The goals are approved by the educational institution; and 2)The activity or conduct furthers the goals in a manner that is appropriate, contemplated by the educational institution, and normal and customary for similar programs at other educational institutions. *Student means: Any person who (A) Is registered in or in attendance at an educational institution; (B) has been accepted for admission at the educational institution where the hazing incident occurs; or (c) intends to attend an educational institution during any of its regular sessions after an official academic break. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN 18 PERMISSION of Heather Lynn. Updated 10-6-20
Investigation Phase Hazing Slide 1 of 2 INVESTIGATOR INSTRUCTION: In cases of alleged or suspected HAZING, interview questions and any reviews of documentary evidence should focus on and examine whether a RESPONDENT STUDENT s conduct was: 1.an intentional, knowing OR reckless act intended to have the effect of endangering the mental health of the victim/complainant student? OR 2.an intentional, knowing OR reckless act intended to have the effect of endangering the physical health of the victim/complainant student? OR 3. an intentional, knowing OR reckless act that should reasonably be expected to have the effect of endangering the mental health of the victim/complainant student? OR 4. an intentional, knowing OR reckless act that should reasonably be expected to have the effect of endangering the physical health of the victim/complainant student? For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 19
Investigation Phase Hazing Slide 2 of 2 INVESTIGATOR INSTRUCTION: In cases of alleged or suspected HAZING, interview questions and any reviews of documentary evidence should ALSO focus on and examine whether a RESPONDENT STUDENT s conduct was: 5. in connection with pledging in any organization which is affiliated with the educational institution? OR 6. in connection with being initiated into any organization which is affiliated with the educational institution? OR 7. in connection with affiliating with any organization which is affiliated with the educational institution? OR 8. in connection with holding office in in any organization which is affiliated with the educational institution? OR 9. in connection with maintaining membership in any organization which is affiliated with the educational institution? Yes ____ No ______ For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 20
Retaliation (Model Policy IV.(L). Prohibited Conduct: Retaliation is any adverse action by any persons (STAFF OR STUDENT) against a (student). By Staff: An adverse action may include conduct by a school employee directed at a student in the form of intimidation or reprisal such as diminishment of grades, suspension, expulsion, change in educational conditions, loss of privileges or benefits, or other unwarranted disciplinary action. By Student: Retaliation may also include conduct by a student directed at another student in the form of further harassment intimidation and reprisal. Originally limited to protecting students connected to harassment investigations. In 2015 VT expanded it to protect Vermont students in cases of hazing and bullying as well as harassment cases. It protects students who assist() or participate() in an investigation, proceeding or hearing related to the (HHB investigation). For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. 21 Updated 10-6-20
Investigator Phase: Retaliation 1 of 5 NEW! NEW! IN CASES WHERE THE RESPONDENT IS A STAFF MEMBER/TEACHER/ EMPLOYEE*: INVESTIGATOR INSTRUCTION: In cases of alleged or suspected RETALIATION BY A STAFF MEMBER/TEACHER/EMPLOYEE, interview questions and any reviews of documentary evidence should focus on and examine whether a RESPONDENT STAFF MEMBER S conduct was .: 1 .directed against a complainant/victim student who has filed a complaint of harassment, hazing or bullying? AND IF SO - 2(a)Was the alleged conduct intimidation or reprisal such as diminishment of grades? OR 2(b) Was the alleged conduct intimidation or reprisal such as suspension? OR 2(c) Was the alleged conduct intimidation or reprisal such as change in educational conditions? OR 2(d) Was the alleged conduct intimidation or reprisal such as loss of privileges? OR 2(e) Was the alleged conduct intimidation or reprisal such as loss of benefits? OR 2(f) Was the alleged conduct intimidation or reprisal such as unwarranted disciplinary action? OR 2(g) Was the alleged conduct intimidation or reprisal of some other kind not listed above? * If the accused is a student, proceed to slide 4. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10- 6-20 22
Investigator Phase: Retaliation 2 of 5 NEW! NEW! IN CASES WHERE THE RESPONDENT IS A STAFF MEMBER/TEACHER/ EMPLOYEE*: INVESTIGATOR INSTRUCTION: In cases of alleged or suspected RETALIATION BY A STAFF MEMBER/TEACHER/EMPLOYEE, interview questions and any reviews of documentary evidence should ALSO focus on and examine whether a RESPONDENT STAFF MEMBER S conduct was ..: 1 ..directed against a complainant/victim student who has participated in an investigation of harassment, hazing or bullying? ? AND IF SO - 2(a)Was the alleged conduct intimidation or reprisal such as diminishment of grades? OR 2(b) Was the alleged conduct intimidation or reprisal such as suspension? OR 2(c) Was the alleged conduct intimidation or reprisal such as change in educational conditions? OR 2(d) Was the alleged conduct intimidation or reprisal such as loss of privileges? OR 2(e) Was the alleged conduct intimidation or reprisal such as loss of benefits? OR 2(f) Was the alleged conduct intimidation or reprisal such as unwarranted disciplinary action? OR 2(g) Was the alleged conduct intimidation or reprisal of some other kind not listed above? * If the accused is a student, proceed to slide 4. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10- 6-20 23
Investigator Phase: Retaliation 3 of 5 NEW! NEW! IN CASES WHERE THE RESPONDENT IS A STAFF MEMBER/TEACHER/ EMPLOYEE*: INVESTIGATOR INSTRUCTION: In cases of alleged or suspected RETALIATION BY A STAFF MEMBER/TEACHER/EMPLOYEE, interview questions and any reviews of documentary evidence should ALSO focus on and examine whether a RESPONDENT STAFF MEMBER S conduct was ..: 1 . directed against a complainant/victim student on whose behalf an investigation of harassment, hazing or bullying is being conducted? AND IF SO - 2(a)Was the alleged conduct intimidation or reprisal such as diminishment of grades? OR 2(b) Was the alleged conduct intimidation or reprisal such as suspension? OR 2(c) Was the alleged conduct intimidation or reprisal such as change in educational conditions? OR 2(d) Was the alleged conduct intimidation or reprisal such as loss of privileges? OR 2(e) Was the alleged conduct intimidation or reprisal such as loss of benefits? OR 2(f) Was the alleged conduct intimidation or reprisal such as unwarranted disciplinary action? OR 2(g) Was the alleged conduct intimidation or reprisal of some other kind not listed above? * If the accused is a student, proceed to slide 4. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10- 6-20 24
Investigator Phase: Retaliation 4 of 5 NEW! NEW! IN CASES WHERE THE RESPONDENT IS A STUDENT INVESTIGATOR INSTRUCTION: In cases of alleged or suspected RETALIATION BY A STUDENT, interview questions and any reviews of documentary evidence should focus on and examine whether a RESPONDENT STUDENT s conduct was ..: 7. conduct by a STUDENT directed against a complainant/victim student who has filed a complaint of harassment, hazing or bullying? OR 8. .conduct directed against a complainant/victim student who has participated in an investigation of harassment, hazing or bullying? OR 9. conduct by a STUDENT engaged in conduct directed against a complainant/victim student on whose behalf an investigation of harassment, hazing or bullying is being conducted? For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10-6-20 25
Investigator Phase: Retaliation 5 of 5 NEW! NEW! IN CASES WHERE THE RESPONDENT IS A STUDENT INVESTIGATOR INSTRUCTION: In cases of alleged or suspected RETALIATION BY A STUDENT, interview questions and any reviews of documentary evidence should focus on and examine whether a RESPONDENT STUDENT s conduct was ..: 10. .an act of further harassment? (You may need to refer to the harassment and/or sexual harassment analysis slides to answer this question) OR 11. .an act of further intimidation? OR 12. .an act reprisal? For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 10- 6-20 26
