The Campus Safety Report

Campus security and safety are important issues in postsecondary education today. Providing students nationwide with a safe environment in which to learn and keeping students, parents and employees well informed of campus security are goals that have been voiced by many groups.  These goals were advanced by the Crime and Awareness and Campus Security Act of 1990.  The U.S. Department of Education (“ED”) is committed to ensuring that postsecondary institutions are in full compliance with this Act, and that the enforcement of the Act remains a priority.  Compliance with this Act, now known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or CLERY Act, provides students and families, as higher education consumers, with information they need to make informed decisions.

Jeanne Clery/Campus Crime Statistics Act

Federal Law requires that all colleges and universities receiving federal funding report on specific types of crimes and incidents occurring on their campuses, or other locations under the control of the institution. Below are the definitions of reportable crimes as defined by and excerpted from the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Handbook. (For further information on the Clery Act and for links to the U.S. Department of Education’s Crime statistics go to www.Clerycenter.org and follow the links). These are the definitions that we are required to report under.

Arson
Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another, etc.

Homicide/Murder Criminal Homicide-Manslaughter by Negligence
The killing of another person through gross negligence.

Criminal Homicide-Murder and Non-negligent Manslaughter
The willful (nonnegligent) killing of one human being by another.

Robbery
The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Aggravated Assault
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)

Burglary
The unlawful entry of a structure to commit a felony or theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.

Motor Vehicle Theft
The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned—including joyriding.)

Weapon Law Violations
The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.

Drug Abuse Violations
The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of State and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.

Liquor Law Violations
The violations of State or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including the driving under the influence and drunkenness.

Sex Offenses.
A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. The Violence Against Women Act and its proposed regulations require the inclusion of certain New York State definitions in a campus’s Annual Security Report and also require that those definitions be provided in campaigns, orientations, programs and trainings for employees and students. Definitions required include: consent; dating violence; domestic violence; sexual assault; and stalking.

Consent.

Sex offenses; lack of consent.

Affirmative consent to sexual activity.

Consent, abbreviated:
A clear, unambiguous, and voluntary agreement between the parties participating to engage in specific sexual activity. 

Dating violence:
New York State does not specifically define “dating violence.” However, under New York Law, intimate relationships are covered by the definition of domestic violence when the act constitutes a crime listed elsewhere in this document and is committed by a person in an “intimate relationship” with the victim. See “Family or Household Member” for definition of “intimate relationship.”

Domestic violence:
An act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act. 

Family or household member:
Person’s related by consanguinity or affinity; Persons legally married to one another; Person formerly married to one another regardless of whether they still reside in the same household; Persons who have a child in common regardless of whether such persons are married or have lived together at any time; Unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; Any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation. Intimate relationship status shall be applied to teens, lesbian/gay/bisexual/transgender, and elderly individuals, current and formerly married and/or dating heterosexual individuals who were, or are in an intimate relationship.

Parent:
means natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.

Sexual Assault:
New York State does not specifically define sexual assault. However, according to the Federal Regulations, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program. 

Acts of sexual misconduct (As defined by New York Laws):
When a person (1) engages in sexual intercourse with another person without such person’s consent; or (2) engages in oral sexual conduct or anal sexual conduct without such person’s consent; or (3) engages in sexual conduct with an animal or a dead human body.  (Penal Law § 130.20)

Rape in the third degree:
When a person (1) engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) Being 21 years old or more, engages in sexual intercourse with another person less than 17 years old; or (3) engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent. (Penal Law § 130.25)

Rape in the second degree:
When a person (1) being 18 years old or more, engages in sexual intercourse with another person less than 15 years old; or (2) engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense to the crime of rape in the second degree the defendant was less than four years older than the victim at the time of the act. (Penal Law § 130.30)

Rape in the first degree:
When a person engages in sexual intercourse with another person (1) by forcible compulsion; or (2) Who is incapable of consent by reason of being physically helpless; or (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more. (Penal Law § 130.35)

Criminal sexual act in the third degree:
When a person engages in oral or anal sexual conduct (1) with a person who is incapable of consent by reason of some factor other than being less than 17 years old; (2) being 21 years old or more, with a person less than 17 years old; (3) with another person without such persons consent where such lack of consent is by reason of some factor other than incapacity to consent. (Penal Law § 130.40) 

Criminal sexual act in the second degree:
When a person engages in oral or anal sexual conduct with another person (1) and is 18 years or more and the other person is less than 15 years old; or (2) who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It is an affirmative defense that the defendant was less than four years older than the victim at the time of the act. (Penal Law § 130.45)

Criminal sexual act in the first degree:
When a person engages in oral or anal sexual conduct with another person (1) by forcible compulsion; (2) who is incapable of consent by reason of being physically helpless; (3) who is less than 11 years old; or (4) who is less than 13 years old and the actor is 18 years old or more. (Penal Law § 130.50)

Forcible touching:
When a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. It includes squeezing, grabbing, or pinching. (Penal Law § 130.52)

Persistent sexual abuse:
When a person commits a crime of forcible touching, or second, or third degree sexual abuse within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions of one of one of the above mentioned crimes or any offense defined in this article, of which the commission or attempted commissions thereof is a felony. (Penal Law § 130.53)

Sexual abuse in the third degree:
When a person subjects another person to sexual contact without the latter’s consent. For any prosecution under this section, it is an affirmative defense that (1) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than 17 years old; and (2) such other person was more than 14 years old and (3) the defendant was less than five years older than such other person. (Penal Law § 130.55)

Sexual abuse in the second degree:
When a person subjects another person to sexual contact and when such other person is (1) incapable of consent by reason of some factor other than being less than 17 years old; or (2) less than 14 years old. (Penal Law § 130.60)

Sexual abuse in the first degree:
When a person subjects another person to sexual contact (1) by forcible compulsion; (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old; or (4) when the other person is less than 13 years old. (Penal Law § 130.65)

Aggravated sexual abuse:
For the purposes of this section, conduct performed for a valid medical purpose does not violate the provisions of this section. (Penal Law § 130.10 (2))

Aggravated sexual abuse in the fourth degree:
When a person inserts a (1) foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old; or (2) finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than 17 years old. (Penal Law § 130.65-A)

Aggravated sexual abuse in the third degree:
When a person inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person (1)(a) by forcible compulsion; (b) when the other person is incapable of consent by reason of being physically helpless; or (c) when the other person is less than 11 years old; or (2) causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated. (Penal Law § 130.66)

Aggravated sexual abuse in the second degree:
When a person inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person by (1) forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than 11 years old. (Penal Law § 130.67)

Aggravated sexual abuse in the first degree:
When a person subjects another person to sexual contact: (1) By forcible compulsion; or (2) when the other person is incapable of consent by reason of being physically helpless; or (3) when the other person is less than eleven years old; or (4) when the other person is less than thirteen years old and the actor is twenty-one years old or older. (Penal Law § 130.70)

Course of sexual conduct against a child in the second degree:
When over a period of time, not less than three months, a person: (1) Engages in two or more acts of sexual conduct with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct with a child less than 13 years old. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charges offense occurred outside of the time period charged under this section. (Penal Law § 130.80)

Course of sexual conduct against a child in the first degree:
When a person over a period of time, not less than three months in duration, a person: (1) Engages in two or more acts of sexual conduct, or aggravated sexual contact with a child less than 11 years old; or (2) being 18 years old or more engages in two or more acts of sexual conduct which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 13 years old. (Penal Law § 130.75)

Facilitating a sex offense with a controlled substance:
A person is guilty of facilitating a sex offense with a controlled substance when he or she: (1) knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and (2) commits or attempts to commit such conduct constituting a felony defined in this article. (Penal Law § 130.90)

Incest in the third degree:
A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. (Penal Law § 255.25)

Incest in the second degree:
A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, or criminal sexual act in the second degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. (Penal Law § 255.26)

Incest in the first degree:
A person is guilty of incest in the first degree when he or she commits the crime of rape in the first degree, or criminal sexual act in the first degree, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or half blood, uncle, aunt, nephew or niece. (Penal Law § 255.27)

Stalking in the fourth degree:
When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or (2) causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct. (Penal Law § 120.45)

Stalking in the third degree:
When a person (1) Commits the crime of stalking in the fourth degree against any person in three or more separate transactions, for which the actor has not been previously convicted; or (2) commits the crime of stalking in the fourth degree against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) with an intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or (4) commits the crime or stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree. (Penal Law § 120.50)

Stalking in the second degree:
When a person: (1) Commits the crime of stalking in the third degree and in the course of and furtherance of the commission of such offense: (a) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, sword, blackjack, bludgeon, plastic knuckles, metal knuckles, chukka stick, sand bag, club, slingshot, slingshot, dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapons; or (b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (2) commits the crime of stalking in the third against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree; or (4) being 21 years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or (5) commits the crime of stalking in the third degree, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted. (Penal Law § 120.55)

Stalking in the first degree:
When a person commits the crime of stalking in the third degree or stalking in the second degree and, in the course and furtherance thereof, he or she intentionally or recklessly causes physical injury to the victim of such crime. (Penal Law § 120.60)

Hate crimes
This category includes all of the above listed Clery Offenses, but the motivation for the offense was based on the victim’s race, gender, religion, sexual orientation, ethnicity, national origin, gender identity, or disability. In addition to the above offenses, the following offenses are also reportable under hate crimes:

Larceny
The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.

Simple assault
The unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.

Intimidation
To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

Destruction/Damage/Vandalism of property
To willfully or maliciously destroy, damage, deface or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

Page Content

​MSK SAFE: Emergency and Safety Information App

Students will be notified in a timely manner of any occurrence of a Clery Act crime.

MSK Safe allows fast, easy access to MSK emergency plans and safety procedures, as well as important phone numbers and contact information.

In instances when a MSKCC Radiation Therapy student reports to a counselor in the Employee Assistance Program or pastoral representative that they have been the victim of a crime, the counselor/representative will inform the student that he/she has the right to report said incident to Security and/or to the local authorities, including but not limited to the Police.

The student is advised that this disclosure is voluntary and if desired, confidential. If requested, the student will receive assistance with notifying authorities by school personnel. Whether or not the student chooses to report said incident, psychological counseling services will be offered and/or appropriate referrals to community agencies will be made as needed.

The Family Educational Rights and Privacy Act (FERPA) permits a school to disclose to the student victim information about the sanction imposed upon a student who was found to have engaged in volatile behavior when the sanction directly relates to the victim.  Furthermore, when the conduct involves allegations of a crime of violence or a non-forcible sex offense, a postsecondary institution is required  to simultaneously provide written notification of the final results of the disciplinary proceeding against the alleged perpetrator, regardless of whether the institution concluded that a violation was committed.

Safety Awareness

Memorial Sloan Kettering Cancer Center’s Security Department is here to ensure that everyone’s experience on campus is a safe and secure one. To help you enjoy your educational experience here on campus, we have prepared this information. Please take the time to read it thoroughly and familiarize yourself with it and refer to it as necessary. Working together, we can create and maintain a safe environment.  Everyone should be aware of the reporting procedure for emergencies or if you witness a safety violation.  To report an incident please call security at (212) 639-7866.

The Director of Security at MSKCC is responsible for collecting and classifying the crime statistics.  This report is then submitted to U.S Department of Education electronically by the Program Director of the School of Radiation Therapy, and it is also emailed to the students by the Program Director.

Prevent yourself from becoming a victim

Safety and personal well-being are shared responsibilities. There are some important things you can do to protect yourself and those around you.

• Be aware of your surroundings. Be sure to know who and what is around you. The best way you can protect yourself is to be and appear to be aware of everything around you. People who appear to be self-assured and have an assertive “body language” are less likely to be victimized.
• Protect your belongings. Put your name on your books and other personal property. Thieves are less likely to take well-marked items, and if they are lost or stolen, the likelihood of recovery is greatly increased if you have your name on your property.
• Lock your vehicle. Make sure nothing of value is left in sight from outside the vehicle.
• Don’t leave items unattended. A minute is all it takes for someone to walk away with your books, or purse or any other item. It is not advisable to leave your property unattended anywhere, whether in a classroom, a food services area, or on a bench. Don’t put yourself in a position to become a victim.
• Trust your instincts. When you feel uneasy around certain people or situations there is usually a good reason for it. Trust your 6th sense and report your apprehensions immediately to public safety.
• Report suspicious activity. Problems are easier to solve if they are caught right away.

MSKCC Security Mission

Security is dedicated to the:

• Protection of life and property of patients, staff and visitors
• Preservation of peace and maintenance of order within the Center
• Prevention and detection of crime
• Enforcement of appropriate laws, policies and procedures promulgated by the Center

The Security Department administers and manages all
security operations at the main campus located at:

1275 York Avenue
353 East 68th Street (Kimmel Center for Prostate and Urologic Cancers)
430 East 67th Street (Rockefeller Research Laboratories)
415 East 68th Street (Zuckerman Research Building).

In addition, it manages a secondary security presence as a tenant at 633 Third Avenue (MSKCC administrative offices). Administrators of regional and off-site facilities are authorized to manage and are responsible for the scope of all security operations in their respective units, in compliance with this management plan. MSKCC facilities comply with the Joint Commission’s standards and regulations. Regional and Off-Site Security was implemented starting in July of this year. The Regional and Offsite Security will include, but is not limited to:

• Lending support to the Regional and Off-site locations
• Conducting Security Site Surveys
• Providing education and training of staff, as it relates to, Crime Prevention and coordinating a security presence and response during incidents that require further investigation, attention and mitigation, when needed.

Security Procedures

A safe and secure hospital is the responsibility of all staff. The Security Department provides uniformed staff to:

• Assist in maintaining order
• Respond to emergencies and requests for assistance
• Assist management by identifying risk to staff, property, and the organization.
• Investigate and document incidents to better anticipate and prevent recurrences

All staff and students should identify, and report concerns to assist in protecting patients, visitors, and staff at MSKCC.  (212) 639-7866.

The Security Management Plan is based upon risk assessments in the following areas:

Campus Safety and Security Criminal Reporting Offense Tables: these reports are available to our students each year. See attached links:

• 2019 Report
• 2020 Report
• 2021 Report

Since the program does not recognize, operate or sponsor off-campus facilities for student organizations, nor sponsor on or off campus student housing for RT students, the center does not monitor or record through local law enforcement agencies any crimes occurring at off campus locations of any student organization.

Emergency Management

The Emergency Management team is responsible for disaster mitigation, preparedness, response, and recovery programs to ensure MSK’s standards of service and quality of care are maintained during an emergency or disaster.  

The EM team, in partnership with other MSK departments, works to identify any areas of vulnerability to potential hazards, and to mitigate, reduce, or eliminate the damaging effects of unavoidable emergencies.  To assure MSK is always prepared, ​ the Emergency Management program develops emergency preparedness plans, and response and recovery strategies to ensure the continuity of clinical and business operations and the safety of patients, staff and visitors

Further information can be found at https://one.mskcc.org/sites/pub/ehs/Pages/EM/EMhome.aspx

Policies

For your Safety, please review policies listed below.  Such policies are introduced to the student during orientation and are on the hospital website.  During orientation students are educated on professionalism, ethical behavior and crime prevention.

Emergency Operations:

To ensure the safety of patients, visitors, and staff in the event of an emergency, Memorial Sloan Kettering Cancer (the “Center”) maintains a written Emergency Operations Plan (EOP). The EOP plan includes an annual Hazard Vulnerability Analysis (HVA) to assess and prioritize risks and implement appropriate mitigation and preparedness measures. The HVA is reviewed at least annually to reassess risk and is adjusted as needed subsequent to an event or drill if a change in vulnerability and/or response is determined. The HVA for the Center’s facilities located in New York City is also reviewed to align planning strategies with vulnerabilities that are potentially harmful to the community. The Center utilizes the Hospital Incident Command System (HICS) for responding to emergency events, which includes steps to manage continuity of operations and/or manage the orderly recovery from such events.

The Center will activate its EOP at least twice a year, in response either to an actual emergency, or through planned exercises. The hospital and all freestanding clinical care sites will participate in at least one full-scale community exercise annually and conduct one tabletop exercise annually. Exercises will test its emergency plans and include an escalating event in which the local community is unable to support the hospital. The exercises and actual events will evaluate capabilities including communications, resources and assets, security, staff, utilities and patients. Scenarios for exercises are derived from situations considered most likely to occur in our geographical area and are based upon the Center’s HVA. All exercises and actual emergency events will undergo an after-action review process to assess for strengths and opportunities for improvement.

Emergency Situations

The MSK community is dedicated to creating and maintaining a safe and healthy work environment for all its employees. To ensure a safe environment, all employee incidents, accidents, and near misses should be properly reported, documented, and investigated. At MSK the Employee Health & Wellness Services (EH&WS) and Environmental Health and Safety Departments (EHS) work together to treat, record, investigate, and prevent workplace accidents and incidents. 

Students, as well as staff, are to report all incidents that require medical attention as outlined below.  This includes incidences involving crimes, if they are able to, and these will be immediately referred to the security department.  The student may also call security at (212) 639-7866 or 911 if outside the hospital on public property nearby if they have been a victim of a crime or if they witnessed a crime.

Memorial Sloan Kettering personnel will facilitate a prompt and efficient response to emergencies at MSK locations that provide patient services.

A. Medical Emergencies (Patient, Visitor, Or Employee) At Patient Care Sites

York Avenue Super Block

Outpatient Sites with On-Site MERT (see Appendix below)

Outpatient Sites without On-Site MERT (see Appendix below)

B. Medical Emergencies At Non-Clinical MSK Facilities

C. Non-Medical Emergencies

D. Procedure For Emergencies At Residential Sites

Appendix

Policy Against Harassment and Discrimination including Sexual Harassment:

MSK is committed to a work environment in which all individuals are treated with respect and dignity. Everyone has the right to work in a professional atmosphere that prohibits harassment, discrimination and retaliation. MSK expects that all work relationships among employees or between employees and persons outside the institution will be business-like and free of discrimination, harassment and retaliation.

 MSK abides by all applicable federal, state and local laws which prohibit discrimination or  harassment on the basis of race, color, religion, creed, gender, age, sex (including sexual harassment), national or ethnic origin, marital, caregiver, familial or partnership status, sexual orientation, gender identity or expression or transgender status, pregnancy, sexual and reproductive health choices, citizenship status or alienage, disability, status in the uniformed services of the United States (including veteran status), credit history, unemployment status, genetic pre- disposition or carrier status, status as a victim of domestic violence, sexual violence or stalking, arrest and conviction record or any other status protected by law in any employment program, policy, or practice of MSK. In accordance with these laws, MSK also prohibits retaliation against anyone who has complained about harassment or discrimination or has otherwise exercised rights guaranteed by these laws. All employees of MSK have an obligation to cooperate in the application of this policy and the investigation into alleged violations of this policy. Employees found to have engaged in acts of discrimination, harassment and/or retaliation will be subject to corrective action, up to and including termination.

Definitions:

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example:

(i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation of pictures, videos or electronic communications; and other physical, verbal or visual conduct of a sexual nature.

Harassment or discrimination on the basis of any other protected characteristic is defined as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, creed, sex, national or ethnic origin, age, disability, citizenship status or alienage, sexual orientation, veteran status, marital, caregiver, familial or partnership status, gender identity or expression or transgender status, pregnancy, sexual and reproductive health choices, credit history, unemployment status, genetic pre-disposition or carrier status, status in the uniformed services of the United States (including veteran status), status as a victim of domestic violence, sexual violence or stalking, arrest and conviction record or any other status protected by law or that of his or her relatives, friends or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (iii) otherwise adversely affects an individual’s employment opportunities (such as a promotion, pay increase or performance evaluation).

Harassing conduct includes, but is not limited to: epithets, slurs or stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and display, circulation, or electronic communication in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group.

Retaliation

MSK prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting discrimination or harassment or for participating in an investigation of a claim of discrimination or harassment is a serious violation of this policy and, like harassment or discrimination, will be subject to corrective action, up to and including termination.

Confidentiality

Cases involving discrimination, harassment and/or retaliation are particularly sensitive, and confidentiality is taken very seriously. Dissemination of information relating to the case will be limited to individuals who have a legitimate “need to know” or who have information regarding the matter.

Complaint and Investigation Procedures

MSK strongly urges the prompt reporting of all incidents of harassment, discrimination and/or retaliation, regardless of the offender’s identity or position, so that rapid and appropriate action can be taken. Generally, if practical, an employee who believes he or she is being harassed, discriminated and/or retaliated against should inform the individual who is the source of the perceived harassment, discrimination and/or retaliation that the employee is offended by the behavior and request that it be stopped.

If, for any reason, the employee does not feel comfortable discussing the perceived harassment, discrimination and/or retaliation directly with the individual who is the source of the perceived conduct, or if the employee has requested that the behavior stop and it has not stopped, the employee should immediately report the conduct to his or her manager, any other management-level employee of MSK, an HR Business Partner, any representative of the HR Legal & Regulatory Affairs Department or the MSK Compliance Hotline (844-MSKLine or  mskcc.alertline.com/gcs/welcome). Employees may complain verbally or in writing by submitting a complaint using the complaint form available here. There is no requirement to use the complaint form

If the harassment, discrimination and/or retaliation complaint is reported to someone other than a representative of the Human Resources Department, the individual hearing the complaint must report it to an HR Business Partner or the HR Legal & Regulatory Affairs Department. The HR Representative will promptly and thoroughly investigate the complaint, ensuring confidentiality to the extent possible throughout the investigation process. The investigation may include individual interviews with parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.

Based on the findings of the investigation, the HR Representative will recommend appropriate action, if any, to be taken. Such action may include training, referral to counseling and/or disciplinary action, such as a warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension with or without pay, or termination of employment, as MSK determines is appropriate under the circumstances.

An HR Representative, in connection with appropriate management, will inform both the employee complaining of harassment, discrimination and/or retaliation and the individual alleged to have engaged in said behavior of the results of the investigation, and will ensure that any agreed-upon action is carried out.

Legal Protections and External Remedies

Discrimination, harassment and retaliation are prohibited not only by MSK, but also by state, federal and local law. Employees who bring claims in these external venues and prevail on those claims will be entitled to remedies, which could include a monetary award.

Aside from MSK’s internal processes, employees also may choose to pursue legal remedies with the following governmental entities.

New York State Division of Human Rights

The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to employers in New York State regarding discrimination, harassment and retaliation, and protects employees, paid or unpaid interns and non-employees regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with New York State Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints with DHR may be filed any time within one year of the discrimination, harassment or retaliation. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged discrimination, harassment or retaliation. An individual may not file with DHR if they have already filed an HRL complaint in state court.

United States Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the discrimination, harassment or retaliation. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination, harassment or retaliation has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

Local Protections

Many localities enforce laws protecting individuals from discrimination, harassment and retaliation. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of discrimination, harassment or retaliation with the New York City Commission on Human Rights.

Disorderly or Unauthorized Persons on Premises:

Disorderly and unauthorized persons on Memorial Sloan Kettering Cancer Center (MSK) premises pose a security risk to personnel, patients, and visitors. This policy addresses the handling of disorderly or unauthorized persons on MSK premises. Nothing in these rules is intended, nor shall be construed, to limit or restrict the freedom of speech or peaceful assembly.

This policy applies to all MSK personnel, patients, volunteers, vendors, and other non-MSK personnel. Specific responsibilities include:

MSK Personnel

MSK Security Officers must respond in a timely manner to reports of disorderly or unauthorized individuals on MSK premises and assess the situation.

Security Supervisors and Managers direct Security Officers responding to reported disorderly or unauthorized individuals as to how to proceed.

Procedure

MSK reserves the right to request disorderly or unauthorized persons to leave MSK premises and if any request to leave is refused, or not complied with in a reasonable amount of time, to have the disorderly or unauthorized persons escorted from the premises by a Security Officer.

MSK personnel must immediately report all suspicious or disorderly individuals on the premises to the MSK Security Department at (212) 639-7866.

MSK Security Officers responding to a report of a disorderly, suspicious, or unauthorized individual on the premises assess the situation, and if warranted by the circumstances, politely request that the individual leave the premises immediately.

If the individual refuses to leave, or is assessed to be a security risk, the Security Officer is authorized, at the direction of a supervisor or above, to take appropriate steps to have the individual escorted from the premises, and if warranted, to call 9-1-1.

Workplace Violence:

MSK will not tolerate acts of violence, assault, harassment, intimidation, threats, or other disruptive or aggressive behavior on MSK premises or anywhere in the course of conducting business with MSK.

Employees and students have a responsibility to report promptly to their immediate manager or the Security Department all threats or incidents of workplace violence, whether they are directed at the employee or at another employee, visitor, patient or other individual at or associated with MSK. The manager, the Security Department and Human Resources will coordinate a response and notify the police where deemed appropriate.  In crisis situations, or in any case where there is a concern about an immediate threat of violence or if a situation continues to escalate, employees should contact the Security Department immediately. The 24-hour Security Department number is 212-639-7866.

Employees are responsible for maintaining a safe work environment and reporting acts of violence, assault, harassment, intimidation, threats, or other disruptive or aggressive behavior. This includes any concern an employee may have about the potential for inappropriate behavior based on information they receive from another individual. Incidents should be reported to the employee’s manager, an HR representative, or a member of the Security Department.

An employee who commits acts of violence or who assaults, harasses, intimidates, threatens or otherwise displays disruptive or aggressive behavior will be subject to disciplinary action, up to and including termination of employment and possible criminal charges. Action will be taken regarding those individuals not employed by MSK who commit acts of violence or who assault, harass, intimidate, threaten or otherwise display inappropriate or aggressive behavior that may, in any way, be disruptive to MSK.  Retaliation against an employee making such a report will not be tolerated. An employee retaliating against an individual reporting disruptive or aggressive behavior will be subject to disciplinary action, up to and including termination of employment. Reported acts of violence, assault, harassment, intimidation, threats, or other disruptive or aggressive behavior will be investigated by MSK and will be kept confidential to the extent possible.

Prohibited Behaviors

MSK prohibits threatening or violent behaviors, directed at an individual, group of individuals or class of individuals. Prohibited behaviors include, but are not limited to:

• Threats or acts of violence made directly or indirectly by words, gestures or symbols.
• Bringing weapons onto MSK premises.
• Intimidating threats or acts in any manner or form that intimidate, coerce, or cause fear of harm.
• Threats of acts of violence that are targeted to any specific class of individuals.
• The use of physical force of any kind.
• Other acts that intimidate, interrupt departmental productivity, or cause fear of harm.

Weapons:

Firearms and other dangerous weapons are prohibited on Memorial Sloan Kettering Cancer Center (MSK) premises, with the exception of members of law enforcement agencies. Law enforcement agents who are on official business or properly identified, are authorized to carry their weapon while on MSK property. The weapon must be concealed at all times, unless he or she is in their uniform. Firearms and dangerous weapons are defined in Article 265 of the New York State Penal Law.

This policy applies to all MSK personnel, including students and trainees at all locations. Specific responsibilities include, but are not limited to:

All MSK Personnel must report any individual directly overserved in possession of a dangerous weapon, who cannot be readily identified as a member of a law enforcement agency, immediately to the MSK Security Department.

The MSK Security Department secures any legally possessed weapons and to accurately document their chain of custody. If an individual brings an unauthorized weapon, Security immediately calls 911 and assist as directed by the responding law enforcement officers.  

The Director of MSK Security, or his/her designee, verifies if an individual carrying a dangerous weapon on MSK’s premises is legally authorized to possess one.

When an individual is observed in possession of a weapon on an MSK premises and authorization to carry the weapon is not readily apparent (e.g., the armed individual is not a uniformed police officer, or authorization to possess the firearm cannot be determined), the MSK Security Department must be notified immediately. The Security Director (or his/her designee) determines whether the individual is legally authorized to be in possession of the weapon. Do not directly challenge or confront the individual as to why he or she is carrying a weapon.

Any individual found to be in possession of an unauthorized weapon is reported by the MSK Security Department to the NYC Police Department at the first opportunity. Off-duty law enforcement personnel authorized to carry a weapon who come onto MSK premises armed, as patients or visitors, are requested to secure their weapons in the MSK Security Department.

The MSK Superblock has 24-hour security coverage. If a patient or visitor requires a weapon to be secured, notify the Security Supervisor / Manager on Duty at (212) 639-7866. The patient must be directed to the Security Operations Office, located in Bobst room C-G43.

• The Security Supervisor / Manager verifies the identification and license of the individual to confirm that the weapon is legally possessed and directs the owner to the weapon’s safe (located in the security operations office)
• The individual secures his/her weapon in the safe, imputing a combination known only by the patient. (NOTE: the weapon must NOT be removed from its holster or handled in any way by the staff member or security personnel.)

Upon completion of the visit, the individual will be directed to return to the Security Operations Office to retrieve his or her weapon.  The individual will be requested, if possible, not to carry the weapon upon subsequent visits to MSK.

Securing Legally Possessed Weapons At Off-Site Locations With MSK Security

If an individual notifies staff that he/she requires a weapon to be secured, a notification must be immediately sent to the Security Manager and the site’s administrator or designee to apprise him or her of the situation. After notification is sent, the individual must be directed to the Security Operations Office where:

• The Security Supervisor / Manager verifies the identification and license of the individual to confirm that the weapon is legally possessed and directs the owner to the weapon’s safe (located in the security operations office)
• The individual secures his/her weapon in the safe, imputing a combination known only by the patient. (NOTE: the weapon must NOT be removed from its holster or handled in any way by the staff member or security personnel.)
• Upon completion of the visit, the individual will be directed to return to the Security Operations Office to retrieve his or her weapon
• An entry is made in the security log denoting: the person’s name, time secured, time retrieved, and the name of a witnessing MSK staff member

Securing Legally Possessed Weapons At Off-Site Locations Without MSK Security

In the event that an individual notifies staff that he/she requires a weapon to be secured, a notification must be made to the site’s administrator or designee. The administrator, designee, or equivalent manager verifies the patient’s identification and license. Assistance by Main Campus security is available by calling MSK Security at (212) 639-7866. The weapon will be secured by the patient in the weapon’s safe, following the same procedure as off-sites with MSK Security.

• In the absence of the site administrator or designee, the patient must have their weapon secured by other means (e.g. a local police precinct or station).
• If there is any concern that the person in possession of the weapon/license might not be authorized, call to 9-1-1.

Active Shooter

In the event of an active shooter, announcements are made to staff and interim messages follow, on a “need to know” basis.

Security will work with the Incident Commander or his/her designee and with responding emergency personnel (Police, Emergency Service, EMTS). Please refer to the “Code Silver” policy on OneMSK for additional details on how to respond in an active shooter situation.

Definitions

Firearm – A firearm is any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged; this includes, but is not limited to shotguns, rifles, military-style assault rifles, any pistol (either automatic or revolver), and antique firearms.

Dangerous Weapon – A dangerous weapon is any article or substance designed and readily capable of causing death or other serious physical injury; this includes, but is not limited to switchblade knifes, gravity knifes, pilum ballistic, daggers, police batons, and metal or plastic knuckles.

Bomb Threats:

This policy is to ensure the safety of patients, visitors, and staff at Memorial Sloan Kettering Cancer Center (MSK) in the event of a bomb threat at any MSK facility. All personnel should be familiar with this procedure.  This policy applies to all MSK personnel across MSK. Specific responsibilities include, but are not limited to:

 Director of Security

During normal business hours (Monday – Friday, 9am-5pm), the Director of Security is responsible for:

• Notifying the New York City Police Department and Hospital Administration of any bomb threat at a MSK facility
• Implementation and oversight of Bomb Threat Procedures prior to the arrival of the New York City Police Department Bomb Squad
• Coordination with the New York City Police Department Bomb Squad
• Offering any additional assistance as needed

Security Supervisor or Manager on-Duty

After normal business hours, weekends, and holidays, the Security Supervisor on-duty must follow all established guidelines in relation to the threat and notify the following:

• New York City Police Department, by telephoning 911
• Director of Security
• Vice President of Environmental Health and Safety
• Administrator On-Call (AOC) [Who will notify Public Affairs if necessary]

Administrator or Designee

Upon notification of a bomb threat at an MSK facility, the Administrator, Administrator On-Call (AOC), or their designee is responsible for the following:

• If the Police and Security conclude that hospital staff and/or visitors need to be prepared to take action (such as to evacuate a particular area), the Administrator must calmly inform them of the threat as instructed by the Police or Security. Assure them that by evacuating the area, the Police and Security are taking every precaution to insure their safety, although the threat could be false.
• In the event that patients must be moved to another floor or area, the Administrator will provide the same assurances as above. If patients are not stable, alert and oriented, simply explain to them that they will be moving to another area until a problem on the floor is resolved.
• If the Police and Security conclude that the hospital staff, patients and/or visitors need not be prepared to take action, the Administrator will NOT communicate to them the fact that there has been a bomb threat.
• Record all facts and include them in the Administrator On-Call report.

Any person receiving a bomb threat, by telephone or otherwise, should attempt to record the information.  The following guidelines are compiled in the event a bomb threat is received:

• Treat all calls as authentic
• Remain calm
• Notify the Security Department immediately upon completion of call, (212) 639-7866. Security will notify the Police Department and activate the Bomb Threat Procedures. Notify Hospital Administration (extension 2623) or during weekend/evening hours, the Administrator On-Call.
• Cooperate with the Police and Security Department in their investigation.

Soliciting on Premises:

Soliciting on the premises of any Memorial Sloan Kettering Cancer Center (MSK) premises is strictly prohibited without prior approval from Hospital Administration.  This policy applies to all MSK personnel, patients, volunteers, students, vendors, and other non-MSK personnel.  MSK Personnel must report any unauthorized individuals attempting to solicit patients, staff, and or visitors to the MSK Security Department.  MSK Security Officers must respond in a timely manner to reports of unauthorized individuals soliciting on premises to prevent them from distributing patients, staff, and visitors. Soliciting memberships or contributions, the sale of tickets or merchandise, and the distribution of literature by employees or any other persons on behalf of any organization is prohibited on the premises unless appropriate approval has been obtained in advance by Hospital Administration.

If there is an unauthorized instance of soliciting at an MSK premises:

• Call the Security Department; a MSK security officer will warn the individual and, as required, escort the individual from the premises.
• Return or dispose of soliciting materials.

Substance Abuse

Employees, clinical trainees, research trainees, and other individuals working on MSK premises are prohibited from using, misusing, or abusing alcohol, illegal drugs, or any other controlled substance on MSK premises or while acting in any capacity as a representative of MSK (“Prohibited Behavior”). MSK will consider such activities misconduct and the offending employee, clinical trainee, research trainee, or other individual working on MSK premises shall be subject to corrective action up to and including termination of employment or appointment.

Prohibited Behavior includes but is not limited to:

• Being under the influence of alcohol, any illegal drug, or any controlled substance. “Under the influence” includes the presence in the body of a physically detectable quantity considered significant by MSK of alcohol, any illegal drug, or any other controlled substance.
• The unlawful manufacture, sale, distribution, dispensing, diversion and/or the unauthorized purchase or possession of any illegal drug or any controlled substance on MSK premises or while acting in any capacity as a representative of MSK. 
• Conviction for a drug or alcohol-related offense on or off MSK premises, on or off duty. Employees, clinical trainees, and research trainees are required to report to their managers any drug or alcohol-related criminal conviction within five (5) days after such conviction. 

Prohibited Conduct does not include use of prescription drugs in accordance with a physician’s orders, or the consumption of reasonable amounts of alcohol at MSK-sponsored activities.

Employees, clinical trainees, research trainees and other individuals working on MSK premises are expected to cooperate fully in any required testing or prescribed treatment program, including all monitoring requirements. Failure to cooperate may result in corrective action, up to and including termination of employment or appointment.

Requirements and procedures related to work performance and conduct continue to be applicable when an employee, clinical trainee, or research trainee or other individual working on MSK premises:

• Has been referred for drug testing and/or treatment;
• Is treated for substance abuse; or
• Has returned to work after treatment for substance abuse.

MSK complies with and abides by all federal, state and local laws and regulations pertaining to substance abuse.

The Employee Assistance Program and Employee Health & Wellness Services are readily available to an employee, clinical trainee, or research trainee who voluntarily seeks counseling and rehabilitation services for any substance abuse problem. For physicians in training and attending staff members, self-referrals may also be made to the Committee for Physician’s Health.

Anyone who observes an employee, clinical trainee, research trainee, or other individual working on MSK premises acting in a manner that indicates that the individual may be violating this policy should refer the matter to his or her manager or an HR Business Partner. Managers receiving such a report should immediately contact an HR Business Partner for evaluation and advice. 

If the observation occurs when the HR Division and Employee Health & Wellness Services are closed, the Administrator-On-Call should be contacted. In consultation with the employee’s manager, when available, and/or the Nursing Supervisor, the Administrator-On-Call will determine whether to refer the individual to the Urgent Care Center. Both the Nursing Supervisor and Administrator-On-Call may be contacted by calling the Page Operator (212-6397900) and asking to speak to either of them.

At the manager’s or Administrator-On-Call’s direction, the employee, clinical trainee, or research trainee may be sent off duty and informed not to return to work pending a discussion with the manager, an HR Business Partner, and the Medical Director of Employee Health & Wellness Services.