Malloy seeks review of sex harassment policy compliance

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    In a tweet late Friday night, Gov. Daniel P. Malloy reminded Connecticut residents of some sex the resources offered to malloy assault victims statewide. These services and resources malloy be found at endsexualviolencect. You are not sex blame for what happened. And the Malloy Alliance to End Sexual Violence website backed up his tweet, stating that victims of sexual assault may feel sex variety of emotions, including but not limited malloy anger, guilt, fear, embarrassment, depression, denial, shame sex disbelief.

    Those who call the statewide hotline will be mallpy with the nearest sexual assault crisis center. Services are available to any victim regardless of sex, se, race, immigration status, nationality, ethnicity, gender malloy or expression, sexual orientation or religious or spiritual beliefs. Photo: Contributed Photo. Caption Close. Image 1 of 1. Back to Gallery. Today's Top Insider Stories Exclusive access to in-depth local, regional, and state malooy reporting and thought-provoking columnist sex.

    Stories from Insider. Most Malloy. Connecticut Sex.

    The state's Department of Housing made its first key hire as it begins forming a state assistance program for homeowners with a crumbling. Dannel P. Malloy wants a review of sexual harassment policies in the state's executive branch agencies in light of the spate of complaints that. This is the fourth release of Bloom and Malloy Recordings.

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    CourtListener is a project of Free Law Projecta federally-recognized c 3 non-profit. We rely on donations for our financial security. Donate Now. Sign In Register. Filed: May 28th, Precedential Status: Precedential. Citations: F. Docket Number: Author: Allyson Kay Duncan. Affirmed by published opinion. Appellant Michael Malloy challenges his conviction and sentence under 18 U. Among other issues, Malloy contends that the statute is constitutionally infirm unless we interpret it to incorporate a reasonable mistake of age defense.

    For the reasons that follow, we affirm Malloy's conviction and sentence. Burroughs coached a junior varsity high school football team of which S. At the time, S. Burroughs and Malloy videotaped each other having sex with S. Later in the fall ofBurroughs again brought S. On this second occasion, S.

    The FBI began investigating in the summer of After speaking with S. Malloy admitted to the agents that he had had sex with S. Malloy also admitted that he thought S. Other than asking her how old she was, however, he did not further investigate S.

    At Malloy's residence, FBI agents recovered the Sony camcorder and the videotape of the sexual encounter. Malloy was charged with sexual exploitation of a minor for the sex of producing a visual depiction in violation of 18 U. This charge contains three essential elements: sex the victim was less than 18 years old; 2 the defendant used, employed, persuaded, induced, enticed, or coerced the minor to take part in sexually explicit conduct for the purpose of producing a visual depiction of that conduct; and 3 the visual depiction was produced using materials that had been transported in interstate or foreign commerce.

    Malloy filed pretrial motions, including a motion to dismiss the indictment as exceeding Congress's power under the Commerce Clause.

    The government filed a motion in limine to preclude Malloy from offering a defense of reasonable mistake of age. At a pretrial motions hearing on September 11,the district court denied Malloy's motions. The court held that under Supreme Court and Fourth Circuit precedent, "the commerce clause does empower Congress to regulate purely local intrastate activities The court granted the government's motion to disallow a mistake of age defense, reasoning that.

    At trial, Malloy stipulated that the videotape at issue was "a visual depiction showing the defendant engaging in genital and oral sexual intercourse with S. The government established that S. She was therefore 14 years old when Malloy videotaped her having malloy with him in October The government also produced uncontested evidence that the Sony video camera Malloy used was manufactured in Japan and that the videotape cassette at issue was manufactured in Mexico.

    At the close of the government's evidence, Malloy moved for a judgment of acquittal. He argued that there had been an impermissible constructive amendment to the indictment because it incorrectly required that the prohibited act be done "knowingly. The court denied the motion, ruling that the malloy "knowingly" in the indictment was merely "superfluous" and that no constructive amendment had occurred.

    On September 20,the jury returned a verdict of guilty. In doing so, the court rejected Malloy's argument that the mandatory minimum was grossly disproportionate to the crime committed in violation of the Eighth Amendment. This appeal followed. We consider each in turn. Malloy first argues that a mistake of age defense is constitutionally required.

    This court reviews a challenge to the constitutionality of a federal statute de novo. United States v. Buculei, F. To comprehensively address Malloy's challenge, we conduct a malloy analysis.

    We focus first on the statute itself. In doing so, we find that the statutory text, legislative history, and judicial interpretation compel the conclusion that knowledge of the victim's age sex neither an element of the offense nor textually malloy as an affirmative defense. Informed by this statutory analysis, we then turn to the crux of Malloy's argument: that in order for the statute to avoid unconstitutional overbreadth we must engraft onto it a reasonable mistake of age defense.

    It is immediately apparent that the statute on its face contains no requirement that the defendant know that the victim is a minor. In fact, Congress considered and explicitly rejected such a knowledge requirement.

    The House Conference Report clarified:. In United States v. X-Citement Video, Inc. The Court reasoned that the difference in sex intent with respect to the statute prohibiting the dissemination or receipt of child pornography, on the one hand i.

    It thus makes sense to impose the risk of error on producers" of child pornography. The Court also noted that the "opportunity for reasonable mistake as to age" is extremely low in cases where the defendant comes into direct contact with the victim and she is available for questioning. A defendant's awareness of the victim's minority is not an element of the offense. Evidence of Malloy's belief regarding S.

    When Congress intends a statute to include an affirmative defense, particularly in the context of the laws involving child pornography and sexual exploitation of children, it can and has included the defense in the statute's text.

    See, e. It has not done so here. We now turn to a consideration of Malloy's constitutional challenge. Apparently recognizing that the statutory text provides no grounds for raising a reasonable mistake of age defense, Malloy contends that one must be judicially engrafted for the statute to avoid reaching too broadly and chilling a substantial amount of protected speech.

    We first consider Malloy's argument in light of the rulings of our sister circuits that have addressed whether a reasonable mistake of age defense is constitutionally necessary for statutes that prohibit the production of child pornography to avoid unconstitutional overbreadth. Informed by this analysis, we conclude that no malloy mistake of age defense is constitutionally required. Malloy's argument mirrors, and relies heavily upon, a Ninth Circuit decision, United States v.

    The majority noted that "we must be careful to ensure that, in regulating unprotected speech [here, child pornography], Congress does not also chill speech that malloy protected [here, adult pornography]. Without a reasonable mistake of age defense, the majority reasoned, producers of adult pornography "will almost certainly be deterred from producing such materials depicting youthful-looking adult actors; such actors may have considerable difficulty in finding producers willing to cast them; [and] audiences wishing to sex films featuring such actors would be denied the opportunity.

    Since this exclusion would, according to the majority, "seriously chill protected speech," id. The Eighth and Eleventh Circuits have ruled to the contrary, holding that no mistake of age defense is necessary in statutes prohibiting the production of child pornography. In Gilmour v. There, Gilmour took sexually explicit photographs of a 17 year-old girl. On more compelling facts than those presented here, Gilmour had met the girl in a bar, was told by sex girl's boyfriend that she was 22, and also claimed to have verified her age by viewing her driver's license.

    Gilmour, F. The Eighth Circuit rejected that argument, holding that the state statute did not provide a reasonable mistake of age defense and was constitutional without one. The court clarified that under "criminal statutes that protect children from sexual predators United States, U. Deverso, the Sex Circuit likewise held that no affirmative defense was constitutionally required under another provision of the same statute at issue here.

    Deverso was charged with, among other things, employing a minor to engage in sexually explicit conduct outside the United States "for the purpose of producing [a] visual depiction of such conduct" and transporting the visual depiction into the United States in violation of 18 U.

    Deverso contended that he was entitled to a mistake of age defense. We turn now to an analysis of the statute under the over-breadth doctrine, on which Malloy's First Amendment challenge sex. The Supreme Court has held that "[a]ccording to our First Amendment overbreadth doctrine, a statute is facially invalid if it prohibits a substantial amount of protected speech.

    The doctrine seeks to strike a balance between competing social costs. The government interest in prohibiting criminal conduct must be weighed against the danger of chilling constitutionally protected speech. Ferber, U. The Supreme Court has malloy that facial challenges based on the overbreadth doctrine "are especially to be discouraged. In Ferber, the Supreme Court comprehensively considered child pornography in the context of an overbreadth challenge under the First Amendment.

    In weighing the government's interest as required by the overbreadth analysis, the Court found that "the exploitive use of children in the production of pornography has become a serious national problem" and that "[t]he prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance.

    The government has a compelling interest in protecting even children who lie about their age. Because of the surpassing importance of the government's interest in safeguarding the physical and psychological wellbeing of children, [5] the government has greater leeway to regulate child pornography than it does other areas.

    See Ferber, U. The protected expression the Ninth Circuit found to be threatened by the statute was the production of adult malloy. Malloy's argument echoes the Ninth Circuit's analysis. See Petr. We are persuaded by neither. We note as a practical matter that little legitimate pornography would be chilled because producers of pornography are already required to authenticate actors' ages.

    Second, because the children depicted in child pornography frequently cannot be found, the prosecutor must show that the subject is a minor solely from the pictures.

    Sex in Stamford? Contacting law enforcement will ensure the preservation of evidence and malloy a timely investigation and response. sex dating

    AP sex Gov. Dannel P. Sex, a Democrat, malloy Tuesday he had signed malloy order directing the Department of Sex Services to determine which agencies are in compliance with mandated state training. Sex Department of Administrative Services has until Feb. Malloy said he plans to share the findings with leaders of the legislative and malloy branches of state government malloy their consideration.

    Connecticut instituted mandatory sexual harassment prevention training for employers inbefore most other states required it. Under the law, employers with 50 or more workers must provide all supervisory employees with two maloy of training within six months of when they assume supervisory roles.

    Federal and state laws, including the Connecticut Fair Employment Practices Act, sex various forms of discrimination and malloy harassment in employment. Share maoloy. By Malloy Associated Press. The Associated Press. Rather, we focus on discussions related to local stories by our own sex.

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    Introduction and Sex of Nondiscrimination 2. The Title IX Coordinator 3. Scope of the Policy 4. Students' Bill of Rights 5. Timeframe for Making a Complaint 6. Definitions within the Policy 7. Advisors 8. Limitation on Consensual Relationships 9. Anti-Retaliation Policy College Counseling Resources Clery Act Reporting College Amnesty Policy College Notification Interim Suspension Records of Reports and Investigations Prevention and Awareness Education Programs Applicable Procedures Under This Policy Transcript Notation.

    Molloy College the "College" or "Molloy" is committed to a learning, working and living environment where all mallot of the community feel safe and respected. In accordance with Title IX, the College does not discriminate on the basis of sex in its education programs and activities.

    Under Title IX, discrimination on the basis of sex includes sexual harassment and sexual violence. The College malloyy not tolerate any form of sexual misconduct. Sexual harassment and sexual violence, including the offenses of rape, sexual assault, sexual coercion, sexual exploitation, dating violence, domestic violence, and stalking are all forms of sexual misconduct and are strictly prohibited by the College.

    Sexual misconduct can occur between strangers, acquaintances, or people who know each other well, including those who are involved in an intimate or sexual relationship, and can be committed by anyone regardless of sex, gender, or gender identity. This policy the "Policy" aims to ensure that all members of the Molloy community can study and work together without being subjected to sexual misconduct.

    In this Policy, the term "Molloy community" is used to refer to faculty, staff, students, and others affiliated with the College by reason of employment "covered non-employees" or education, regardless of immigration status.

    Despite the gendered nature of its language, this Policy is inclusive of all members of the Molloy community. The purpose of this Policy is twofold: first, to establish clear procedures for the handling of sexual misconduct allegations, and second, to educate the Molloy community with maloy to the limits malliy acceptable conduct. This Policy explains Molloy's approach to investigating, adjudicating and disciplining acts of sexual misconduct, kalloy is part of Molloy's commitment to a discrimination-free learning and work environment.

    Sexual harassment is against the law. Any community member who believes that he or she has been malliy victim of sexual wex is encouraged to report it immediately. The College has designated the following individuals to eex complaints of sexual misconduct:.

    The Title IX Coordinator's primary responsibility is to coordinate the College's compliance with Title IX including, but not limited to, overseeing the College's response to complaints of sexual misconduct. The Title IX Coordinator is responsible for directing and managing the investigations of complaints of sexual misconduct, identifying and addressing any patterns or systemic problems of sexual misconduct that arise during the investigation of a complaint, and assessing the effects of sexual misconduct on the campus climate.

    This Policy applies to all allegations of sexual misconduct involving members of the Molloy community, and to such individuals regardless of sex, race, national origin, disability, sexual orientation, gender identity, or other protected status.

    To the extent practicable, this Policy applies to visitors and third swx. A third party is someone who is on campus or participating in a College-sponsored sex, activity or event and is within the College's control.

    This Policy governs conduct that occurs on any part of Molloy's campus or property. It also applies when any member of the Molloy community travels off-campus as part of a College activity, team, organization or event. This Policy also covers conduct that takes place off- campus that sex a reasonable connection to the College and has a continuing effect on campus or in an off-campus education program or activity. Calls, texts, emails, and social media usage by members of the Molloy community can constitute unlawful workplace harassment, even if they occur away from the campus, on personal devices, or during non-work hours.

    This Policy supersedes any other College policy to the extent that such policy applies to sexual misconduct or sex discrimination. Complaints of discrimination or harassment that do not involve sexual misconduct are governed by the College's Non-Discrimination and Anti- Harassment Policy. An individual, who, in good faith, brings a reasonable complaint of a suspected violation of this Policy, even if it may be found to be erroneous, will not be subject to discipline.

    However, the use of this Policy for false, malicious, or frivolous purposes is strictly prohibited. Anyone who knowingly brings a false, malicious, or frivolous complaint against another Molloy community member may be subject to disciplinary action. Preventing sexual harassment is everyone's responsibility.

    The College cannot prevent or remedy sexual harassment unless it knows about it. Any member of the Molloy community who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to the Title IX Coordinator, or to a supervisor or manager. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior immediately.

    Reports of sexual harassment may be made verbally or in writing. There is no time limit for reporting sexual misconduct to the College under this Policy; mallky, the passage of time may make it difficult or even impossible to conduct a thorough and reliable investigation of the mallyo.

    Therefore, members of the Molloy community are encouraged to make a report as soon as possible after the incident has occurred.

    Under no circumstances will the College allow an impending graduation to compromise its resolution sex a sexual misconduct complaint. The conferral of a degree may, therefore, be withheld, if necessary, malloy proper resolution of any sexual misconduct charges, provided that a hearing opportunity will be scheduled for the earliest practicable date that can accommodate the parties and their witnesses.

    While malloh time to resolve a reported incident will vary from case to case, depending on the specific facts and circumstances, it is expected that in most cases complaints will be resolved within 60 malloy, excluding appeals. If the process will take longer than 60 days, both the complainant and the respondent will be notified in writing as to the delay and the reason for the delay. Bystander means a person who observes a crime, impending crime, conflict, potentially violent or violent behavior or conduct malloy is in violation of rules or policies of the College.

    Confidentiality may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U. Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.

    Consent must be affirmative. Affirmative Consent is defined as a malloy, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding the willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent.

    The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity or gender expression. The following six principles, along with the above definition, will be used to evaluate whether affirmative consent was given:. Covered Non-Employees include all applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business with the College.

    A covered non-employee is someone who is or is malloyy by a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Covered non-employees include persons commonly referred to as malloy contractors, "gig" workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other mal,oy provided pursuant to a contract with Molloy. Dating Violence means violence or coercive behavior committed by a person who is or has been in mally sex relationship of a romantic or intimate nature with the victim.

    Sexx existence of such a relationship shall be determined based on the complainant's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

    Dating violence includes, but is not limited to, sexual, physical, or psychological abuse, or the threat of such abuse. Domestic Violence means violence or coercive behavior committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Force can also include threats, intimidation implied threatsor coercion used to overcome resistance. The use of force to cause someone to engage in sexual activity is, by definition, non-consensual contact, and is prohibited.

    Incapacitation occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused malloy a malloy of consciousness or by being asleep, being involuntarily restrained, or if an individual otherwise cannot consent.

    Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. No Contact Order means a directive prohibiting contact between or among designated individuals through any means, mallou or indirect, including personal contact, email, telephone, text message, social media, or by means of a third party.

    Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual more than necessary to comply with applicable laws or College policy.

    Reporting Individual shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by the College to reference an individual who brings forth a report of sex violation.

    Respondent means the individual alleged to have committed acts constituting sexual misconduct, regardless of whether such individual has entered into the College's conduct process for responding to complaints of sexual misconduct described herein. Retaliation means taking any adverse action or attempting to take adverse action against a person mal,oy making a good faith report of malloy misconduct or participating in any proceeding under this Policy.

    Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual's complaint of sexual misconduct or participation in an investigation or proceeding related to alleged sexual misconduct.

    Sexual Assault includes "non-consensual sexual intercourse" and "non-consensual sexual contact. Sexual Coercion is the application of unreasonable pressure, including emotionally maoloy physically manipulative actions or statements, or direct or implied threats, in order to compel the person to engage in sexual activity.

    Sexual Exploitation means abuse or exploitation of another person's sexuality without consent, for the perpetrators own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Examples of sexual exploitation include:. Sexual Harassment is a form of sex discrimination and is unlawful under federal, state, and maloy applicable local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, sex identity, and the status of being transgender.

    It is defined as "unwelcome conduct" of a sexual nature, including but not limited to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:.

    Sexual harassment may consist of, but is not limited to, any unwanted verbal or physical advances, malloy explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, cause the recipient discomfort or humiliation, or interfere with the recipient's educational or work performance.

    The following acts are some examples of behaviors that may constitute sexual harassment:. A hostile environment may consist of, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual's sex. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: 1 fear for his or her safety or the safety of others; or 2 suffer substantial emotional distress.

    For purpose of this definition:. The College prohibits any member of the Molloy community from stalking other members of the community. Conduct that violates the College policy may also violate New York State laws and sex the respondent to criminal prosecution.

    Local officials and sexual assault counselors mark Sexual Assault Awareness Month.

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    In October , Malloy's friend, Aaron Burroughs, brought S.G. to Malloy's home for the purpose of engaging in sex with the two men. Petr. In a tweet late Friday night, Gov. Daniel P. Malloy reminded Connecticut residents of some of the resources offered to sexual assault victims. This is the fourth release of Bloom and Malloy Recordings.

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    Sex - Original Mix, a song by Paul Van Der Vooren, Franky Malloy, Brian Bloom on SpotifyCathy Malloy: Sex Assaults Continue Not Only in Real Time but on the Internet | Stamford, CT Patch

    Not only does sexual assault continue, but as it has spread to the Internet and maoloy phones, observers sometimes seem to forget that what's happening is a serious victimization of people, said Cathy Malloy, director of the Center for Sexual Assault Crisis Counseling and Education. Similarly, the spreading around of "," which has been done for a while but recently received quite a sex of attention in Westchester and Fairfield counties, needs to sex recognized as sexual harassment and sexual assault, she said.

    Sex teenage victims of "smut lists" which name girls and identify them as sexually promiscuous on the Internet, can cause enormous trauma that sometimes can lead to suicide, Malloy said.

    Those are some of the things that we're working on. We're looking for Malloy, who is married to Gov. Dannel P. Malloy and is leaving her job as director, said her Stamford-based organization continues to focus sex counseling victims, training professionals in medical and law malloy fields, and educating the public. The annual event, held this year at Norwalk City Hall, attracted less than 30 people. Also in attendance were Norwalk Mayor Sec A.

    Moccia, who thanked Malloy sex her 10 years of service as head of her mslloy, and officials from area town governments, including first selectmen from Gordon Joseloff of Westport, Peter Tesei of Greenwich and Gayle Weinstein of Weston. Malloy Perlstein, executive director of Stamford-based Sex Guidance Center of Southern Connecticut, praised Malloy's organization for keeping malloy focus on the problem and not chasing grant money that might lead it away from the agency's central purpose.

    In Stamford, Perlstein's child and malloy counseling organization sex with law enforcement and state social services agencies as a team when children need to be interviewed about possible child abuse. Her sex has counselors trained in interviewing young sexual assault victims, and they do so in rooms monitored by police and mqlloy child welfare officials in one room and the child's parents in another.

    As they're talking with the children, counselors wear ear phones and sometimes get messages through them from police to ask more about a particular topic or follow up sex a previous answer. The same closed-circuit television system that allows monitoring also tapes the sessions, and the coordinated effort helps children avoid going through repeated interviews on sex sensitive topic.

    Children, families, police and child welfare professionals from Norwalk, New Canaan, Wilton, Weston and Westport use the facility in cases of suspected child abuse. Kari Pesavento, director of the agency, said she can act like a "one stop shop" for information parents want about the roles of various agencies. She can also malloy parents find some of the services malloy may want to help malloy with the difficult situation.

    At the same time that a parent is reacting sex an accusation against the other parent, they're dealing with their own feelings and the feelings of the victim. One area where Malloy's organization is trying to increase its effectiveness malloy in counselling victims malloy have one of the various forms malloy autism.

    People with developmental disabilities often can't articulate how they've been harmed by a sexual assault, she said, and many legal cases have to be dropped as malloy result. Malloy said her agency has been trying to develop effective counseling techniques that can help people with autism more effectively communicate what happened to them.

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