Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome behavior of a sexual nature in which:

• Submission to such behavior is a condition of employment, promotion, grades, or academic status
• Submission to or rejection of such behavior is used on the basis for employment or academic or other decisions affecting an individual
• Such conduct has the purpose or effect of interfering unreasonably with an individual's work or academic performance or creates an offensive, hostile, or intimidating working, learning environment, or living environment.

Sexual harassment includes unwelcome sexual advances and requests for sexual favors, acts of gender-based animosity or sexually charged behavior (whether or not the offended student is the target of such conduct), expressing or implying that a person's grade, advancement, or working conditions will be affected by submission to or refusal to submit to a sexual relationship.

Sexual harassment may also include remarks or questions about a person's dress, body or sex life, jokes and teasing of a sexual nature, terms of endearment, such as "honey," "dear," "sweetheart," or "babe," obscene phone calls or writing, distributing e-mail or notes with a sexual content, posting, displaying or distributing materials such as calendars or magazines of an offensive nature, unwelcome flirting or repeated requests for dates, inappropriately touching a person or their clothing, invading a person's space, indecent exposure, stalking, or making visual or facial expressions of a sexual nature.

The college's policy also prohibits same-sex harassment. Every student is encouraged to refuse, firmly and without apology, to submit to subtle or overt pressure with sexual overtones. The college supports academic freedom and does not intend this policy to prevent or limit discussion of sexual ideas, taboos, behavior, or language as an essential element of course content.

Primary Response Team

• Office of the Dean of Students staff/ coordinator of campus operations and student services staff
• NYIT campuses: Office of Campus Security; Long Island residences: University police; New York City residences: 911
• Director of intercollegiate athletics and recreation
• Assistant athletic director and senior women's administrator
• Office of Housing and Residential Life staff

Secondary Response Team

• Office of Strategic Communications and External Affairs
• Office of Human Resources
• Office of the President
• Office of the Vice President for Student Affairs
• Office of the Vice President for Academic Affairs

Objectives
NYIT is committed to maintaining an educational environment which is fair, respectful, and free from sexual harassment. Members of the NYIT community shall not engage in sexual harassment. Persons who do so are subject to disciplinary action.

Notification
Follow the established chain of primary responders. Any incident of sexual harassment should be promptly reported to one of the primary responders, who will inform the dean of students in writing.

Procedures

For victim:

• Call the Office of Campus Security. (It is best if you do this right away, but campus security will listen to your complaint no matter how long it is made after the incident.)
• If you would feel more comfortable, report the incident to the dean of students, the dean of housing and residential services, or any of the other primary responders.
• Follow campus security instructions.
• You may submit your complaint in writing. (Any reporting party who intentionally files a dishonest or false report is subject to appropriate disciplinary action.)

For primary responders:

• Find a private space where you can talk with the victim.
• Be non-judgmental. Do not take sides.
• Listen, record all details, and provide a written summary of the matter.
• Forward the report to the dean of students for investigation.
• The dean of students will submit a written report for every complaint, formal or informal.
• Investigate and resolve complaints of sexual harassment with due regard for fairness and the rights of the complainant and the alleged offender, and conduct all proceedings in the most confidential manner possible.
• Following a complete investigation, take appropriate action and notify the complainant.
• Inform complainant that counseling is available through the Counseling and Wellness Center.
• Adjust NYIT residential living assignment, if necessary.
• Inform the alleged harasser that any attempt to retaliate in any way against a person who makes a report, formal or informal, is prohibited. Retaliation will be treated as a separate incident subject to appropriate disciplinary action.

For Dean of Students:

• Conduct a thorough investigation of complaint.
• Afford the alleged harasser an opportunity to respond to the allegation.
• If the alleged sexual harassment involves an NYIT salaried employee, notify the Office of Human Resources.
• Communicated in writing the results of the investigation, stating whether the Sexual Harassment Policy has been violated, to both the complainant and the alleged harasser.
• If there is sufficient evidence to conclude that the alleged harasser violated the Sexual Harassment Policy, take appropriate action.