Gender-Based Misconduct Policy

Back to Top

Introduction and Scope

New York Institute of Technology is committed to providing an educational and working environment that is free from Gender-Based Misconduct. No form of Gender-Based Misconduct will be tolerated at NYIT. This includes activity by students, staff, and faculty, on or off campus, and any vendors or visitors on NYIT's campuses.

Gender-Based Misconduct, as more particularly defined below, includes sexual assault, sexual harassment, and other forms of nonconsensual sexual activity, as well as stalking and relationship violence.

To ensure compliance with federal and state laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, NYIT has developed this policy and the accompanying Title IX Procedure that provide a prompt, fair, and impartial process for those involved in an allegation of Gender-Based Misconduct.

When an alleged violation of this policy is reported, the allegations are subject to resolution using either the Title IX Procedure, or using the procedures set forth in the Discriminatory Harassment Policy for employees or the Student Code of Conduct for students. The applicable procedure will be determined by the Title IX Coordinator, as detailed below.

Note: "Code of Conduct" refers to both the Student Code of Conduct: U.S. Campuses and the Student Code of Conduct: NYITCOM.

Back to Top

Definition of Gender-Based Misconduct

The Department of Education's Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the New York State Human Rights Division regard most Gender-Based Misconduct as an unlawful discriminatory practice, although there are some distinctions regarding the conduct covered. Additionally, state law defines various violent and/or non-consensual sexual acts as crimes. While some of these acts may have parallels in criminal law, they are separate and distinct from a criminal violation.

NYIT has adopted the following definitions of sexual or gender-based acts for which disciplinary charges may be brought against a student or employee.

Acts of gender-based misconduct defined below may be committed by any person upon any other person, regardless of the sex, sexual orientation and/or gender identity of those involved.

For purposes of this policy, Complainant means an individual who is alleged to be the victim of conduct that could sexual harassment based on a protected class; or retaliation for engaging in a protected activity. Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity.

Title IX Gender-Based Misconduct includes the actual or attempted offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:

1. Quid Pro Quo Sexual Harassment:
  1. an employee of the institution,
  2. conditions (implicitly or explicitly) the provision of an aid, benefit, or service of the institution,
  3. on an individual's participation in unwelcome sexual conduct.
2. Title IX Sexual Harassment:
  1. unwelcome conduct
  2. of a sexual nature or based on a person's gender / gender stereotypes, including sexual orientation, gender identity or expression
  3. determined by a reasonable person,
  4. to be so severe, and
  5. pervasive, and,
  6. objectively offensive,
  7. that it effectively denies a person equal access to the institution's education program or activity.

Note: Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances.

3. Sexual assault, defined as:
  1. Sex Offenses, Forcible:
    • Any sexual act directed against another person,
    • without the consent of the Complainant,
    • including instances in which the Complainant is incapable of giving consent.
  2. Sex Offenses, Non-forcible:
    • Incest:
      1. Non-forcible sexual intercourse,
      2. between persons who are related to each other,
      3. within the degrees wherein marriage is prohibited by applicable state law. 
    • Statutory Rape:
      1. Non-forcible sexual intercourse,
      2. with a person who is under the statutory age of consent of the applicable state.

For the purposes of this definition, sexual acts include:

Forcible Rape:

  • Penetration,
  • no matter how slight,
  • of the vagina or anus with any body part or object, or
  • oral penetration by a sex organ of another person,
  • without the consent of the Complainant.

Forcible Sodomy:

  • Oral or anal sexual intercourse with another person,
  • forcibly,
  • and/or against that person's will (non-consensually), or
  • not forcibly or against the person's will in instances in which the Complainant is incapable of giving consent because of age# or because of temporary or permanent mental or physical incapacity. 

Sexual Assault with an Object:

  • The use of an object or instrument to penetrate,
  • however slightly,
  • the genital or anal opening of the body of another person,
  • forcibly,
  • and/or against that person's will (non-consensually),
  • or not forcibly or against the person's will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. 

Forcible Fondling:

  • The touching of the private body parts of another person (buttocks, groin, breasts),
  • for the purpose of sexual gratification,
  • forcibly,
  • and/or against that person's will (non-consensually),
  • or not forcibly or against the person's will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

The definition of consent (as applied to the offenses listed above which include a non-consensual component):

  • NYIT uses an affirmative consent standard. Affirmative consent is a knowing, 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 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.

Furthermore:

  1. Consent of any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
  2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  3. Consent may be initially given but withdrawn at any time.
  4. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or 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.
    • It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. "Should have known" is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.
  5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
  6. When consent is withdrawn or can no longer be given, sexual activity must stop.
4. Dating Violence, defined as:
  1. violence,
  2. on the basis of sex,
  3. committed by a person,
  4. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
    • The 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. For the purposes of this definition:
      1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
      2. Dating violence does not include acts covered under the definition of domestic violence.
5. Domestic Violence, defined as:
  1. violence,
  2. on the basis of sex,
  3. committed by a current or former spouse or intimate partner of the Complainant,
  4. by a person with whom the Complainant shares a child in common, or
  5. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
  6. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of the applicable state or
  7. by any other person against an adult or youth Complainant who is protected from that person's acts under the domestic or family violence laws of the applicable state.
6. Stalking, defined as:
  • engaging in a course of conduct,
  • on the basis of sex,
  • directed at a specific person, that
    1. would cause a reasonable person to fear for the person's safety, or
    2. the safety of others; or
    3. suffer substantial emotional distress.

For the purposes of this definition:

  1. Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
  2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
  3. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Other Institutional Sex-Based Offenses

In addition to the forms of gender-based misconduct described above, which fall within the coverage of Title IX, NYIT additionally prohibits the following offenses as forms of sexual or gender-based misconduct outside of Title IX.

7. Sexual Exploitation, defined as:
  1. taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and
  2. such conduct does not otherwise constitute a violation under this policy.

Examples of Sexual Exploitation include, but are not limited to:

  • Sexual voyeurism
  • Taking and/or sharing pictures, video, or audio recording of another in a sexual act when there is a reasonable expectation of privacy during the activity, without the consent of all involved
  • Prostituting another person
  • Forcing a person to take an action against that person's will by threatening to show, post, or share information that depicts the person's nudity or sexual activity
  • Creation, possession, or dissemination or child pornography
8. Non-Consensual Sexual Contact:
  • Contact with Respondent
    1. Either through force or without the person's consent,
    2. intentionally causing the other person to touch or make contact with Respondent's sexual or intimate parts
  • Other Sexual-Based Contact
    1. Touching non-private parts of the body (e.g. squeezing, grabbing or pinching) of another person
    2. for the purpose of sexually degrading or abusing them or for the purpose of gratifying Respondent's sexual desire.
9. New York State Sexual Harassment:
  • unwelcome conduct,
  • of a sexual nature or based on a person's gender / gender stereotypes, including sexual orientation, gender identity or expression
  • determined by a reasonable person
  • to be more than a petty slight or trivial inconvenience
  • that unreasonably interferes with an individual's work performance or ability to participate in or benefit from the institution's programs or activities or creates an intimidating, hostile, or offensive environment for working, learning or otherwise participating in NYIT programs and activities.
Back to Top

Reporting Rights

If any NYIT community member has experienced Gender-Based Misconduct, they have the right to make a criminal report to law enforcement, and/or to make a report to NYIT, but do not have to do either. While it is an individual's decision whether to make a report of any kind, employees should be aware of their obligations as Mandated Reporters.

In deciding whether to make a report, students and employees should also be aware of NYIT's limitation on confidentiality as described in this policy (See Reporting to NYIT and Mandated Reporters and Confidentiality). Law enforcement will likewise have its own obligations once a report is made to them that individuals should be aware of.

Back to Top

Reporting to the Police

At NYIT's campuses, Campus Security is responsible for the safety and security of students, staff, and faculty members. At the NYITCOM-Arkansas campus, the University Police Department is responsible for campus security. All security guards (New York) and police officers (Arkansas) are trained in emergency response procedures. Campus Security can assist a student in making a report to the local police department, or the student may contact the police department directly.

In an emergency, call 911 first.

Long Island
Campus Security: 516.686.7789
Nassau County Special Victims Squad: 516.573.8055

New York City
Campus Security: 212.261.1536
NYPD Special Victims Division: 646.610.7272

NYITCOM-Arkansas
Arkansas State University Police: 870.972.2093
Jonesboro Police: 870.935.5657

It is important to remember that the criminal justice process is separate and distinct from NYIT's conduct process, and that the standards of proof and evidence are different in the criminal justice process. Any questions about whether a specific incident violated the penal law should be addressed to law enforcement. Decisions by law enforcement regarding whether or not to arrest or prosecute an individual do not determine if a violation of NYIT policy has occurred.

Back to Top

Reporting to NYIT

NYIT's Title IX Coordinator is responsible for overseeing and coordinating the institution's Title IX and Gender-Based Misconduct compliance efforts, including ensuring the prompt and effective investigation and response to complaints. The Title IX Coordinator also provides leadership to the Deputy Title IX Coordinators who assist in compliance efforts. NYIT's Deputy Title IX Coordinators serve as the primary Title IX officials for students.

Students and employees should contact the Title IX Coordinator or one of the Deputy Title IX Coordinators to make a complaint or report an alleged violation of this policy or to discuss questions or concerns related to this policy; however, please note that these individuals cannot guarantee confidentiality to those who report, as discussed further in Mandated Reporters and Confidentiality.

Back to Top

Making a Report

Notice or complaints under this policy may be made using any of the following options:

  1. File a complaint with, or give verbal notice to, the Title IX Coordinator or one of the Deputy Title IX Coordinators. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address listed below for each individual, or by mail to the office address listed below for each individual.
  2. Report online, using the internal reporting form.
  3. Report online or via telephone using the NYIT Compliance and Ethics Hotline.

Title IX Coordinator

Cheryl Monticciolo
Director, Compliance & Title IX Coordinator
President's Office
Tower House, Room 106
Old Westbury, NY 11568
516.686.1080
cheryl.monticciolo@nyit.edu

Deputy Title IX Coordinator for faculty and staff:

Katherine Zuliani
Director, Human Resources
North House, Room 204
Old Westbury, NY 11568
516.686.7421
kzuliani@nyit.edu

Deputy Title IX Coordinators for students:

Long Island/New York City

Tiffani Blake
Assistant Provost, Student Engagement & Development
Student Activity Center, Room 205
Old Westbury, NY 11568
516.686.1488
tblake@nyit.edu

NYITCOM

Mary Ann Achtziger
Associate Dean, Student Administration
NYIT College of Osteopathic Medicine
Serota Hall, Room 213
Old Westbury, NY 11568
516.686.3775
maachtzi@nyit.edu

NYITCOM-Arkansas

Kristin Cohen
Assistant Dean, Student Administration
NYIT College of Osteopathic Medicine
Wilson Hall, Room 204A
State University, AR 72467
870.680.8805
kristin.cohen@nyit.edu

Back to Top

Filing a Formal Complaint

A Formal Complaint means a document filed or signed by the Complainant (or signed by the Title IX Coordinator, if indicated) alleging a policy violation by a Respondent and requesting that the institution investigate the allegation(s).

A "document filed by a Complainant" means a document or electronic submission that contains the Complainant's physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint, and that they are requesting a formal investigation.

If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Complainant to ensure that it is filed correctly. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by NYIT, and to have the incidents investigated and properly resolved through the applicable procedures.

A Complainant has the right to withdraw a formal complaint at any time, subject to the considerations set forth in When Complainant Does Not Wish to Proceed.

Back to Top

Time Limits on Reporting

There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the institution's jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.

Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

Back to Top

Mandated Reporters and Confidentiality

All NYIT employees (faculty, staff, administrators) are expected to report incidents of Gender-Based Misconduct to the Title IX Coordinator immediately, though there are some limited exceptions. In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources.

On campus, some resources may maintain confidentiality, meaning they are not required to report Gender-Based Misconduct to any NYIT official or outside agency. However, if a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them.

The following further describes the disclosure options at NYIT.

Back to Top

Confidential Disclosure

  • On-campus licensed professional counselors and staff (Counseling and Wellness)
  • On-campus health service providers and staff (Academic Health Care Center/Student Health Center)
  • Any off campus agencies or counselors

The above-listed individuals will maintain strict confidentiality except in extreme cases of immediate threat or danger or abuse of a minor. Additional information on these resources is provided in Appendix 2.

Back to Top

Mandated Reporter Disclosure

All employees of NYIT, other than Counseling and Wellness and Academic Health Care Center professionals, are required to promptly report details of incidents disclosed to them to the Title IX Coordinator. Employees must also promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.

Failure of a Mandated Reporter to report an incident of gender-based misconduct of which they become aware is a violation of NYIT policy and can be subject to disciplinary action for failure to comply. However, a Mandated Reporter who is themselves a target of harassment or other misconduct under this policy is not required to report their own experience, though they are, of course, encouraged to do so.

Therefore, disclosing parties may want to consider carefully whether they share personally identifiable details with non-confidential employees.

However, even NYIT offices and employees who cannot guarantee confidentiality will maintain a disclosing party's privacy to the greatest extent possible The information a disclosing party provides to a non-confidential resource will be relayed only as necessary for the institution to investigate and/or seek a resolution. This means information may be shared with investigators, witnesses and the responding party, but the circle of people with this knowledge will be kept as tight as possible to preserve a disclosing party's rights and privacy. But it is important to remember that NYIT cannot guarantee that other parties will not disseminate information on their own.

Generally, climate surveys, classroom writing assignments or discussions, human subjects research, or events such as Take Back the Night marches or speak-outs do not provide notice that must be reported to the Title IX Coordinator by employees, unless the disclosing party clearly indicates that they wish a report to be made. Supportive measures may result from such disclosures without formal institutional action.

Back to Top

When Complainant Does Not Wish to Proceed

If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the disclosing party may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus community and comply with state and federal law.

Declining to consent to a formal grievance process shall be honored unless the institution determines in good faith that failure to do so does not adequately mitigate a compelling risk to the health and/or safety of the Complainant or other members of the community. In weighing such a request, the Title IX Coordinator will consider the following factors:

  1. Whether the responding party has a history of violent behavior or is a repeat offender;
  2. Whether the incident represents escalation in unlawful conduct on behalf of the responding party;
  3. The increased risk that the responding party will commit additional acts of violence;
  4. Whether the responding party used a weapon or force;
  5. Whether the disclosing party is a minor; and
  6. Whether the institution possesses other means to obtain evidence such as security footage, and whether available information reveals a pattern of perpetration at a given location or by a particular group.

The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and the institution's ability to pursue a Formal Grievance Process fairly and effectively.

If the institution determines that a formal grievance process is required, the Title IX Coordinator will sign a formal complaint to initiate a grievance process. The Title IX Coordinator will also notify the Complainant of this decision in writing and take immediate action as necessary to protect and assist them.

When the institution proceeds in this manner, neither the Title IX Coordinator, nor the institution, become the Complainant. Rather, the Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation and may have as much or as little involvement in the process as they wish.

In cases where the disclosing party requests confidentiality and the circumstances allow NYIT to honor that request, the institution will offer supportive measures to the disclosing party and the community, but will not otherwise pursue formal action. This means that NYIT's ability to remedy and respond to a reported incident may be limited if the Complainant does not want the institution to proceed with a formal grievance process.

If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Please consider that delays may cause limitations on access to evidence, or present issues with respect to the status of the parties.

Back to Top

Amnesty Policy

The health and safety of every student at NYIT is of the utmost importance. NYIT recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that Gender-Based Misconduct occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. NYIT strongly encourages students to report Gender-Based Misconduct to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of Gender-Based Misconduct to NYIT officials or law enforcement will not be subject to NYIT's Code of Conduct action for violations of alcohol and/or drug policies occurring at or near the time of the commission of the Gender-Based Misconduct.

Back to Top

Prohibition on Retaliation

No individual will be penalized or retaliated against in any way for their participation in the Gender-Based Misconduct grievance process.

Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.

Retaliation is a serious violation of NYIT policy and will be treated as another possible instance of misconduct. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. NYIT is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

NYIT and any member of its community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy or the Title IX Procedure.

Filing or pursuing a complaint under other policies, such as the Student Code of Conduct, could be considered retaliatory if those charges could be brought under the Title IX Procedure, and the other charges are made for the purpose of interfering with or circumventing any right or privilege provided afforded within the Title IX Procedure that is not provided by either the Discriminatory Harassment Policy or the Student Code of Conduct. Therefore, the institution vets all complaints carefully to ensure this does not happen, and to assure that complaints are tracked to the appropriate process.

The exercise of rights protected under the First Amendment does not constitute retaliation.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and the Title IX Procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.

Back to Top

Reporting by NYIT

NYIT is required to report incidents of certain crimes that include some forms of Gender-Based Misconduct. These crimes are reported in the school's Annual Security Report. For reporting purposes, parties' identifying information and specifics of the incident will be kept confidential.

NYIT is also required to issue timely warnings of certain crimes that occur at on-campus locations if the crime represents a serious or continuing threat to the campus community. NYIT will ensure that a disclosing party's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

Back to Top

Supportive Measures

NYIT will offer and implement appropriate and reasonable supportive measures to the parties upon notice of Gender-Based Misconduct.

Supportive measures are non-disciplinary, non-punitive individualized services without fee offered to the parties to restore or preserve access to NYIT's education program or activity, including measures designed to protect the safety of all parties or the institution's educational environment, and/or deter Gender-Based Misconduct.

The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, the institution will inform the Complainant, in writing, that they may file a formal complaint with the institution either at that time or in the future, if they have not done so already. However, a formal complaint does not have to be filed for supportive measures to be implemented.

The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.

NYIT will maintain the privacy of the supportive measures, provided that privacy does not impair its ability to provide the supportive measures. The institution will act to ensure as minimal an academic / occupational impact on the parties as possible.

NYIT will implement measures in a way that does not unreasonably burden the other party. These actions may include, but are not limited to:

  • Referral to counseling, medical, and/or other healthcare services
  • Referral to the Employee Assistance Program
  • Referral to community-based service providers
  • Visa and immigration assistance
  • Student financial aid counseling
  • Education to the institutional community or community subgroup(s)
  • Altering campus housing assignment(s)
  • Altering work arrangements for employees or student-employees
  • Safety planning
  • Providing campus safety escorts
  • Providing transportation accommodations
  • Implementing contact limitations (no contact orders) between the parties (see below)
  • Academic support, extensions of deadlines, or other course/program-related adjustments
  • Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
  • Class schedule modifications, withdrawals, or leaves of absence
  • Increased security and monitoring of certain areas of the campus
  • Any other actions deemed appropriate by the Title IX Coordinator

Both parties have the right to request prompt review of the need for and terms of a no-contact order, including requests for modification, and will be allowed to submit evidence in support of such requests. This right to review, upon request, applies to all other supportive measures that directly impact a party.

Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.

Back to Top

Emergency Removal

NYIT can act to remove a student Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal, when such threat arises out of allegation(s) of Gender Based Misconduct.

This risk analysis is performed by the Title IX Coordinator in conjunction with the Threat Assessment Team using its standard objective violence risk assessment procedures.

In all cases in which an emergency removal is imposed, both Complainants and Respondents will be given notice of the action and the option to request to meet with the Title IX Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified in its terms. Both parties will be allowed to submit evidence in support of their request.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. If this meeting is not requested, objections to the emergency removal will be deemed waived. There is no appeal process for emergency removal decisions.

Both parties may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. Both parties will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.

The Title IX Coordinator has sole discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include expulsion.

The institution will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to: removing a student from a residence hall, temporarily re-assigning an employee, restricting a student's or employee's access to or use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, alternative coursework options, authorizing an administrative leave, and suspending a student's participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics. Alternative coursework options may be pursued

For employees, NYIT reserves the right to place a Respondent employee on administrative leave pending the completion of the grievance process, subject to compliance with any applicable collective bargaining agreement.

Back to Top

Jurisdiction

This policy applies to the education program and activities of New York Institute of Technology meaning the institution exercises substantial control over both the Respondent and the context in which the Gender-Based Misconduct occurs. This includes conduct that takes place on the campus or on property owned or controlled by the institution, at institution-sponsored events, or in buildings owned or controlled by institution's recognized student organizations. The Respondent must be a member of NYIT's community in order for its policies to apply.

This policy can also be applicable to the effects of off-campus misconduct that effectively deprive someone of access to institution's educational program. The institution may extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial institutional interest. In such instances, the Student Code of Conduct or Discriminatory Harassment Policy would apply, rather than the Title IX Procedure.

Regardless of where the conduct occurred, the institution will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial institutional interest includes:

  1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
  2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual;
  3. Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or
  4. Any situation that is detrimental to the educational interests or mission of the institution.

If the Respondent is unknown or is not a member of the NYIT community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report.

Further, even when the Respondent is not a member of NYIT's community, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator.

In addition, the institution may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from institution property and/or events.

Back to Top

Appendix A: Student Bill of Rights Under New York State Law

Applies to students at all NYIT campuses:

  1. Make a report to local law enforcement and/or state police
  2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously
  3. Make a decision about whether or not to disclose a crime or violation and participate in the conduct process and/or criminal justice process free from pressure by the institution
  4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard
  5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available
  6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations
  7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident
  8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances with the jurisdiction of the institution
  9. Have access to at least one level of appeal of a determination
  10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused or respondent through the conduct process including during all meetings and hearings related to such process
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of the institution
Back to Top

Appendix B: Important Information for Complainants

Back to Top

Preservation of Evidence

NYIT recognizes that making the decision to report Gender-Based Misconduct often takes time. Nevertheless, pending the decision to report, individuals are strongly encouraged to take immediate steps to preserve all evidence that might support a future report or investigation by the police, by NYIT, or both.

Such evidence may include:

  • A forensic sexual assault examination, or a medical examination for non-sexual bodily injuries.
  • Any clothing, sheets, or other materials (items containing bodily fluids should be stored in cardboard boxes or paper bags).
  • Electronic exchanges (e.g., text messages, emails, and Facebook, Instagram, Snapchat or other social media posts, to the extent that they can be captured or preserved).
  • Photographs (including those stored on smartphones and other devices).
  • Voicemail messages and other physical, documentary, and/or electronic data that might be helpful or relevant in an investigation.
  • Written account of what happened as close to the event as possible (consider doing so electronically for date stamping)
Back to Top

Immediate Medical Treatment

In cases of sexual assault, Complainants are advised not to shower, eat, drink or change their clothes, as these activities destroy important physical evidence. They are also encouraged to seek medical attention, even if there are no obvious physical injuries.

A forensic sexual assault examination needs to be performed within the first 96 hours after a sexual assault to collect evidence and to evaluate a person's physical condition. This exam will help maintain a victim's legal options and will also allow the individual to get important preventative treatment and information for pregnancy and sexually transmitted infections, including HIV.

New York State has established Sexual Assault Forensic Examiner programs (SAFE) in hospitals that have specially trained health professionals who will ensure that compassionate, competent, and prompt care is provided, along with the use of advanced technology for evidence collection and preservation. A person may go directly to a center or may seek accompaniment from a victim advocate or from an NYIT official. The exam will be done at no cost to the victim.

Long Island:
North Shore University Hospital
300 Community Dr.
Manhasset, NY 11030
516.562.4125

New York City:
Mount Sinai West Hospital
100 10th Ave.
New York, NY 10032
212.305.2255

Arkansas:
St. Bernard's Regional Medical Center
224 East Matthews
Jonesboro, AR 72401
870.972.4288

View a full list of SAFE Hospital Programs in New York

The New York State Office of Victim Services may be able to assist in compensating victims/survivors for health care and counseling services, including emergency funds. More information may be found by calling 800.247.8035.

Back to Top

Referrals and Resources: On-Campus Resources

Counseling and Wellness Services

This office coordinates student mental health services on both the Long Island and New York City campuses. Counselors are available from 9 a.m. to 5 p.m, Monday through Friday. Counselors can be seen on an emergency basis during office hours, and a counselor is always on call after business hours for emergencies. The on-call counselor can be reached by contacting Campus Security.

Both NYITCOM campuses have their own counseling offices. At the NYITCOM-Arkansas campus, counseling services are provided by the Arkansas State University Counseling Center. The Counseling Center is open 8 a.m. to 5 p.m., Monday through Friday and offers daily drop-in hours for students to speak to a counselor without an appointment. After business hours, students can reach an on-call counselor by contacting the Arkansas State Police Department.

Services at all campuses are free and confidential.

Long Island
Student Activity Center, 3rd Floor
516.686.7976

New York City
33 W. 60th St., Room 308
212.261.1770

NYITCOM-Long Island
Student Activity Center, Room 318
kscore@nyit.edu
516.686.1328

NYITCOM-Long Island
Student Activity Center, Room 319
shalim@nyit.edu
516.686.7636

NYITCOM-Arkansas
Reng Student Services Center, Suite 2203
870.972.2318

Academic Health Care Center

Students at the Long Island campus may also visit the Riland Academic Health Care Center located in the first floor of the Riland Building. The hours are 8 a.m. to 5 p.m., Monday through Friday. The center can be reached at 516.686.1300.

Students at the NYITCOM-Arkansas campus may utilize the NYITCOM at Arkansas State University Medical Clinic located at 333B Red Wolf Blvd., adjacent to the football stadium. The hours are 8 a.m. to 5 p.m., Monday through Friday. The clinic can be reached at 870.972.2054.

Please note neither of these facilities can perform a sexual assault forensic exam.

Other On-Campus Resources

The Office of International Education is available to assist students with concerns related to their visa or immigration status.

Long Island
Student Activity Center, Room 310
516.686.7585

New York City
26 W. 61 St., Room 104
212.261.1514

The Office of Financial Aid is available to provide counseling to students regarding the impact of class withdrawals and other schedule and enrollment status changes on their financial aid package.

NYITCOM-Long Island (NYITCOM Students)
Serota Academic Center, 2nd Floor
516.686.7960

Long Island (non-NYITCOM Students)
Harry Schure Hall, 1st Floor
516.686.7680

New York City (non-NYITCOM Students)
16 West 61st St., 1st Floor
212.261.1590

NYITCOM-Arkansas (NYITCOM Students)
Wilson Hall, Student Affairs Suite, Room 220
870.680.8808

Back to Top

Referrals and Resources: Off-Campus Resources

The following organizations offer free and confidential mental health, victim advocacy, immigration, and legal services (including obtaining orders of protection) for victims of sexual assault, dating and domestic violence, and stalking, among other crimes:

Long Island:
The SAFE Center LI
15 Grumman Rd. W. #1000
Bethpage, NY 11714
516.465.4700
24-Hour Crisis Hotline: 516.542.0404

New York City:
Crime Victims Treatment Center
126 W. 60th St.
New York, NY 10023
212.523.4728
24-Hour Crisis Hotline: 1.800.621.HOPE

The organizations located in New York State can also help liaise victims with the New York State Office of Victim Services, which provides crime-related compensation for crime victims. Please note that this service requires that a police report be filed.

NYITCOM-Arkansas:
Family Crisis Center of Northeast Arkansas
870.972.9575
24 Hour Crisis Hotline: 870.933.9449

Back to Top

Court-Ordered Measures

Students may also seek an order of protection (sometimes known as a "restraining order"), which is issued by state courts. While NYIT does not issue orders of protection, the institution will assist a member of the community in obtaining an order of protection or pursuing other civil legal proceedings.

NYIT will also ensure that those impacted by an order of protection understand the availability of an order, the content and parameters of an order, and the consequences for violating an order, including but not limited to arrest, additional conduct charges, and interim suspension.

Campus Security at all campuses will also provide assistance to reporting parties in calling on and assisting local law enforcement in effecting an arrest for violation of an order of protection.