Employee Handbook, United States Based Employees

The purpose of this employee handbook is to address general policies in connection with your employment by New York Institute of Technology ("New York Tech," "NYIT," or the "College"). These policies and procedures apply to all United States-based employees, provided that particular policies may not be applicable to employees who are represented by a union and, therefore, covered by a collective bargaining agreement. In cases where the information in this handbook conflicts with provisions in the collective bargaining agreement, the collective bargaining agreement prevails. Please note that this handbook is meant as a general guide and is not a contract, express or implied. New York Tech retains the right to change its position on matters covered in this handbook and to address particular situations on a case-by-case basis. The handbook contains policies directly related to the employment relationships, but employees are also expected to comply with all other New York Tech policies.

This handbook does not guarantee employment for any specific duration. In the absence of a written contract signed by an authorized representative of New York Tech—and subject to the provisions of any applicable collective bargaining agreement—each New York Tech employee is employed on an "at-will" basis, meaning that either you or New York Tech may terminate your employment relationship at any time for any or no reason. Failure to comply with policies and procedures in the employee handbook could result in disciplinary action up to and including termination.

New York Tech reserves the right, without prior notice, to alter, modify, amend, cancel, or terminate any of its policies, procedures, practices, and terms of employment or benefit programs. Employees should direct any questions regarding policies to the Office of Human Resources at hr@nyit.edu.

During the onboarding process, you will be contacted by the Office of Human Resources and various members of your department, including your supervisor. You will receive important information regarding the performance requirements of your position, policies and procedures, and compensation and benefits programs, plus other information necessary to acquaint you with your job and New York Tech. You will also be asked to complete all necessary paperwork, such as benefits plan enrollment forms, beneficiary designation forms, and appropriate federal, state, and local tax forms, and you will be required to present New York Tech with information establishing your identity and your eligibility to work in the United States in accordance with applicable federal law. It is a condition of being offered employment by New York Tech in the United States that the prospective employee be legally authorized to work in the United States.

Upon commencement of employment by New York Tech in the United States, it is a condition of continued employment that the employee hold appropriate U.S. work authorization at all times. For employees who are not U.S. citizens, employment by New York Tech does not imply that New York Tech will support or sponsor an employee's application for an extension of immigration status, or for a different immigration status. New York Tech will respond to any such requests on a case-by-case basis, and in its sole and unreviewable discretion.

The Office of Human Resources maintains a file for each employee containing all the relevant and necessary information about your employment with New York Tech. This information is kept confidential, subject to the College's legal obligations and rights to collect and use personal information. To ensure that your file is up to date at all times, notify the Office of Human Resources-Benefits Division at hrbenefits@nyit.edu as soon as possible of any changes in your legal name, marital status, number of dependents, and beneficiary designations. For changes to your telephone number, home address, preferred first name, or individuals to notify in case of emergency, please use the Self-Service Application.

Equal employment opportunity is the law. In accordance with its Statement on Non-Discrimination, NYIT prohibits unlawful discrimination in employment. Employees should refer to the Non-Discrimination Policies and Procedures for Employees section of this handbook for further information.

New York Tech is committed to complying with the Americans with Disabilities Act, and all other applicable federal, state, and local laws, and ensuring equal opportunity in employment for qualified persons with disabilities. In accordance with the law, New York Tech will consider what reasonable accommodations could be made for a qualified individual with a disability to enable him/her to perform the essential functions of his or her position. If you have a disability and are in need of an accommodation, please notify the Office of Human Resources at hrbenefits@nyit.edu.

Animals are generally not allowed on campus. However, New York Tech will consider a request by an individual with a disability for reasonable accommodation from this prohibition to allow an assistance animal that is necessary and reasonable because of a disability.

See New York Tech's separate policy on Assistance Animals.

New York Tech will not discriminate against any applicant or employee who is a veteran and will take affirmative action to employ and advance in employment Vietnam Era, "Other Qualified" Veterans, and qualified disabled veterans of all wars.

It is the policy of New York Tech to be an equal opportunity employer and to comply voluntarily with the concepts and practices of affirmative action. In keeping with this policy, it is New York Tech’s objective to recruit, hire, train and promote into all job levels the most qualified applicants without regard to race, color, creed/religion, ethnicity, sex/gender, age, national origin, genetic information, citizenship status, marital status, sexual orientation, disability (where otherwise qualified), veteran status or any other legally protected status. All such decisions will be made in accordance with established personnel policies and by utilizing objective standards based on the individual’s qualifications as they relate to the particular job vacancy.

The Office of Human Resources is charged with the responsibility for coordinating and monitoring the implementation of all components of Equal Employment Opportunity and Affirmative Action compliance throughout the College.

New York Tech is committed to providing a safe working environment for all employees. New York Tech follows operating practices that will safeguard all employees and will result in safe working conditions and efficient operations. It is the responsibility of all employees to understand and observe safety regulations and to practice safe work habits at all times, so as to ensure not only their own safety but the safety of their co-workers as well. Safety equipment is required for certain positions, and your supervisor will advise you of any required equipment that you will be responsible to use as directed. All employees should be aware of and comply with the following basic safety regulations:

• Know the location of all fire and emergency exits, be familiar with your facility's emergency evacuation plan, and participate in New York Tech's fire drills.
• Know the location of fire extinguishers and fire alarms and understand how to use these devices, as well as how to contact the local police and fire department.
• Be sure emergency exits, stairways, office aisles, and passageways are free of obstacles and debris. If not, contact your supervisor in order that any such condition may be rectified.
• If you operate a vehicle, do so in a safe manner; drive defensively and observe all local speed limits and rules of the road, and always wear a seat belt.
• Report any unsafe conditions immediately to your supervisor and to New York Tech Security.

In the event of a systems failure or inadequate operation of physical plant systems (e.g. plumbing or electrical power) employees should promptly alert their supervisor so that alternative work arrangements can be made that ensure employees will not be subject to hazardous conditions.

Supervisors are responsible for ensuring that every employee is instructed in the safest manner to perform his or her work, for ensuring that the physical areas where employees work are free of hazards, and for seeing that any injured or ill employee or student receives immediate treatment. You are responsible for performing your work in a safe manner and reporting any work-related injury or illness to your supervisor immediately.

Supervisors are responsible for notifying the Office of Human Resources of any employee accidents, injuries or illnesses. All New York Tech employees are required to obtain a photo identification card from New York Tech Security. All employees who drive to work must obtain a valid New York Tech parking permit for any personal vehicle they park on the Long Island or Central Islip campuses and adhere to all of New York Tech's parking rules and regulations. The permit is to be displayed in the lower left-hand corner of the rear windshield.

Tech Safe App

Tech Safe is a security app customized for the entire New York Tech community. The user-friendly app is a direct channel to New York Tech Campus Security and enhances the university's community and safety response to incidents and emergencies. Tech Safe is fully functional for the Long Island and New York City campuses.

Download the app

Workplace Health and Safety

In accordance with the New York Health and Essential Rights Act (NY HERO Act), New York Tech has adopted workplace health and safety measures to protect employees against exposure and infection during a declared airborne disease outbreak. New York Tech focuses on the health and safety of all students, faculty, and staff and has instituted plans that reflect our commitment to ensuring the health and safety of the university community. You may also contact the Office of Capital Planning and Facilities for more information on this plan.

Alcoholism and the misuse of drugs can adversely affect job performance. New York Tech will make reasonable efforts to assist employees who voluntarily come forward to seek assistance with their efforts to overcome addiction to or dependence on drugs or alcohol. New York Tech has established an Employee Assistance Program (EAP) to assist you and your family in getting the help you may need. Please see the Employee Assistance Services section of the handbook for more information. You may also contact the Benefits Division of the Office of Human Resources for information on this program. All inquiries related to this policy will be handled confidentially. Willingness to assist its employees does not require New York Tech to compromise discipline or to excuse the unacceptable performance, actions, or behavior of any employee.

No employee will be allowed to work if that person is under the influence of drugs and/or alcohol. The non-prescriptive use, sale, possession, distribution, or manufacture of controlled substances, or abuse of a properly prescribed controlled substance, is strictly prohibited at all times either on New York Tech property or at other assigned work areas. This policy does not prohibit limited social use of alcohol while at New York Tech-sponsored functions. Violation of this policy is grounds for disciplinary action, up to and including suspension or termination of employment.

If an employee is convicted of violating any criminal drug statute while in or at the workplace, he or she will be subject to discipline up to and including termination. Alternatively, New York Tech may require the employee to successfully complete a drug abuse program sponsored by an approved private or governmental institution at the employee's expense. Employees who are engaged on Federal contracts and grants are responsible for notifying their supervisors of any criminal drug statute conviction for a violation occurring in the workplace (including while traveling or on other New York Tech business) no later than five calendar days after such conviction.

For New York employees, smoking is prohibited in all NYIT facilities and in the smoke-free zones, which encompass the area 20 feet south of the Riland Health Care Center and extending 20 feet north of Tower House, and 20 feet west of the 500 building and 20 feet east of Serota Hall on the Long Island campus, and within 20 feet of the entrance of 26 West 61st St. in Manhattan. The smoke-free zone on each campus includes: exterior open spaces, loading docks, parking lots, on-campus sidewalks, streets, driveways, and in all university-owned or leased vehicles. Smoking is permitted in privately owned vehicles. Signs will be displayed in prominent, visible areas. At the Jonesboro, AR campus, smoking is prohibited in all locations. This policy includes the prohibition of all delivery systems of tobacco and nicotine, including but not limited to smokeless tobacco, e-cigarettes, Juuls, vaporizers, electronic hookahs, etc.

Violation of this policy may subject the offending employee to disciplinary action, up to and including suspension or termination of employment. Complaints regarding violations of this policy should be directed to the attention of either the offending employee’s or the complaining employee’s supervisor. If the issue is not resolved promptly, the Office of Human Resources should be contacted.

No employee or job applicant who exercises or attempts to exercise rights under this policy will be subject to disciplinary or retaliatory action of any kind. Any employee who believes that he or she has suffered such retaliation should immediately contact the Office of Human Resources.

NYIT prohibits threats, menacing conduct, or acts of violence on its premises, or off premises on NYIT business, by its employees, former employees, visitors, vendors, or any other individuals. NYIT further prohibits all individuals (other than law enforcement officers) from bringing any weapons, including, but not limited to, firearms, knives or explosives onto its premises. Any conduct which violates this policy must immediately be reported to your supervisor and to the Office of Human Resources and NYIT Security.

Employee reports will be investigated as appropriate and, to the extent possible, maintained in confidence. The College will take prompt, appropriate remedial action against those who violate this policy. Remedial action may include disciplinary action up to and including suspension or immediate termination of employment and notification to law enforcement agencies. Retaliation against an employee for reporting violations of this policy is strictly prohibited and such conduct is also a violation of this policy, which will subject the “retaliator” to disciplinary action, up to and including suspension or termination of employment.

NYIT may, under certain circumstances, determine it is necessary to inspect College property or the possessions or articles on its premises belonging to employees or other individuals entering onto its premises. Employees should have no expectation of privacy with respect to NYIT property and facilities, even if under their exclusive use and even if used for personal matters. As set forth in the Telecommunications and Information Technology section of this handbook, employees should also have no expectation of privacy with respect to the use of NYIT telecommunications and IT equipment, accounts, and networks.

NYIT reserves the right to question all persons entering and leaving its premises and to inspect any packages, parcels, purses, handbags, briefcases, or any other possessions or articles carried to and from its property. In addition, NYIT reserves the right, without prior notice or consent, to inspect, for example, employee offices, telephones, computers, email, file cabinets, and desks. Inspections of such items may be conducted by NYIT whether or not the item is locked or otherwise secured by employees or otherwise. Employees who refuse to cooperate in an inspection pursuant to this policy may be subject to disciplinary action up to and including suspension or termination of employment.

Employees are expected to dress appropriately and in good taste at all times. Generally, NYIT’s dress code is business wear. Employees should project a professional image that is clean and neat. Dress guidelines for individual departments will vary based upon your position and work activities. It is never appropriate to wear to the workplace stained, wrinkled, frayed, or revealing clothing or clothing with derogatory/vulgar/offensive lettering or logos. Supervisors are responsible for ensuring that their employees are appropriately dressed.

In order to provide and maintain an efficient, comfortable, and professional workplace, employees are required to follow the following guidelines:

• Work areas should be kept as neat as possible during the regular work day and should be straightened prior to leaving at the end of the work day. Employees should pay particular attention to properly securing any material of a sensitive or confidential nature.
• Personal effects are permitted, in good taste and in moderation.
• Boxes and other storage items should be discarded after use or should otherwise remain out of sight within a workstation.
• Employees should leave public areas, such as reprographic areas, coffee stations, conference rooms, restrooms, etc. in a clean and orderly condition for guests and other employees.

New York Tech's Remote Work Policy allows for remote work arrangements for certain employee positions, with agreement by the employee and the supervisor, and approval by the applicable vice president, and in certain cases, the Office of Human Resources, as set forth in the policy. Employees and supervisors are required to review and comply with the Remote Work Policy and Remote Work Equipment, Resources, and Technology Guidelines.

NYIT expects all employees to be diligent in their attendance and promptness. Recognizing, however, that absences from work may occur because of illness, injury, or other personal reasons (a death in the family, jury duty, or personal business), NYIT has established policies to cover these instances and compensate its employees for certain time off for legitimate medical and personal reasons. If you are unable to work because of illness, you must notify your supervisor prior to your regular start time on each day of your absence, unless you are granted an authorized leave, in which case different notification procedures apply. Failure to promptly notify NYIT will result in an unexcused absence. Excessive absenteeism has a negative impact on the success of the College. Therefore, excessive absences may result in disciplinary action up to and including suspension or termination of employment.

Employees are permitted to engage in other work activity, including self employment, outside NYIT under certain conditions:

• Additional work activities may not reduce your efficiency in working for NYIT.
• Any work is subject to the Conflict of Interest policy.
• Your additional work activity must not compromise NYIT's image.
• You may not use any NYIT equipment, resources, or space for outside work.
• You may not conduct any outside business during your paid work time at NYIT.

Outside employment is not a valid excuse for poor job performance, absenteeism, lateness, leaving early, refusing to travel, refusing to change your hours, or for anything that interferes with your ability to perform your regular duties. Fraudulent use of your sick time for anything related to your outside work, or any other violation of this policy, will be subject to disciplinary action, up to and including suspension or termination of employment.

In the event of severe weather or a large-scale emergency situation, New York Tech may decide to cancel classes, close the campuses, or delay the day's opening. Please be sure to sign up for New York Tech Alerts at nyit.edu/alerts to receive text and/or voice alerts on your mobile device. In addition, there are several resources where you can find more information:

• University Information Number: 516.686.1010
• Home page: nyit.edu
• Broadcast Media for New York Campuses: News 12 Long Island; WALK-FM 97.5; WBAB-FM 102.3; WKJY-FM 98.3; WCBS-AM 880; WHLI-AM 1100; WINS-AM 1010
• Broadcast Media for Jonesboro Campus: 104.9, 107.9, and 106.3; or visit kait8.com for local weather or access the KAIT weather app
• My Radar Pro app

If the university closes prior to the start of the workday, you are not expected to report for work. Employees in specific departments, including facilities staff, may be designated to report even if a campus is closed. If the university does not close, you are expected to report to work as scheduled. If conditions exist that prevent you from reporting, you may use vacation or personal time for your absence.

In the course of your employment, you may have access to personnel, student, financial, or other records considered sensitive or confidential by NYIT or protected by laws such as the Family Educational Rights and Privacy Act (FERPA). As a result of your employment, you agree that:

• I will not duplicate any work-related material for my own use without the permission of the appropriate supervisor or administrator.
• I will not retrieve, examine, destroy, alter, or render inaccessible any work-related material, except where I am authorized to do so as part of my job responsibilities.
• I will not discuss the contents of work-related material outside of my responsibilities without the permission of the appropriate supervisor or administrator.
• I will not disclose any work-related material that may be questionable under this agreement without the permission of the appropriate supervisor or administrator.
• I am responsible for protecting passwords issued to me authorizing access to NYIT records and files required to fulfill my job description.
• I understand that all procedures, creative work, written documents, records and computer programs created for NYIT use are the property of NYIT and are not for public disclosure or use.
• I understand that this confidentiality obligation applies both throughout my employment with NYIT and after I leave.
• I understand that violation of the terms or intent of this confidentiality policy may subject me to disciplinary action up to and including suspension or termination of employment.

Work-related material is defined as paper or electronic documents, applications, and materials.

Purpose

NYIT has adopted this policy to ensure that no officer, trustee, employee or volunteer of NYIT (together “NYIT Personnel”) who in good faith reports any action or suspected action taken by or within NYIT that is illegal, fraudulent or in violation of any NYIT policy shall suffer intimidation, harassment, discrimination or other retaliation or, in the case of employees, adverse employment consequence. NYIT is committed to conducting all of its activities in accordance with the highest ethical standards and in compliance with all applicable laws. NYIT Personnel are accountable for the highest standards of NYIT-related conduct, including honesty and fairness in all aspects of their work.

Administrator

The Director of Compliance has been designated as Administrator of this Policy. The Director of Compliance will report to the Audit Committee of the Board of Trustees in connection with the administration of this Whistleblower Policy.

Reporting

All members of the NYIT community are encouraged to report known or suspected illegal or fraudulent activity or violation of NYIT policy. NYIT employees or volunteers should report concerns to a supervisor, department chair, program director, Dean, Vice President, or the President, while trustees should report concerns to the Chair of the Audit Committee (collectively a “Primary Contact”). If for any reason an individual finds it difficult or uncomfortable to report concerns to a Primary Contact, NYIT Personnel may instead report their concerns directly to the Director of Compliance or the General Counsel. Reporting may be done anonymously, and may be made through NYIT’s Compliance and Ethics Hotline, nyit.ethicspoint.com.

Examples of violations include intentional falsification of NYIT records (such as employment records, time sheets, medical records, contracts, business records, and expense reports); theft or misappropriation of NYIT property; unauthorized or unlawful use of NYIT property, including NYIT’s computer and telecommunications systems and networks; and bid-rigging, kickbacks, bribes, dishonest procurement, or any similar NYIT-related activity that adversely affects the honest, cost-effective, or business-like conduct of NYIT operations.

Receipt and Processing of Reports

All Primary Contacts receiving reports are responsible for informing the Director of Compliance expeditiously and cooperating fully with any investigation. The Director of Compliance will consider each report and will conduct such a review as the director believes appropriate. In the review of such a report, the Director of Compliance may consult, if and as appropriate, the General Counsel and other NYIT Personnel such as the President, Chief Financial Officer, internal auditors, and, if necessary or advisable, the Chair of the Board of Trustees Audit Committee. The Director of Compliance, in consultation as appropriate with the General Counsel, will recommend to the President and, if indicated, the Chair of the Audit Committee, such further steps as may be appropriate.

The Director of Compliance and the General Counsel will coordinate with the Audit Committee to report as appropriate to the Board Executive Committee with respect to completed and/or ongoing investigations.

Confidentiality and Non-Retaliation

In order to encourage NYIT Personnel to come forward with any good faith report of suspected illegal or unethical behavior, all reports made through the mechanisms established under this Policy will be treated as confidential to the maximum lawful extent consistent with fair and thorough review. NYIT strictly prohibits any form of retaliation against NYIT Personnel for making a report under this policy, or for assisting a review. Any attempt to retaliate against or intimidate NYIT Personnel or other person who makes a report or participates in review of a report will be treated as a separate incident for disciplinary purposes. If NYIT determines that a report contains knowingly false information, disciplinary action may be taken against the offending individual consistent with applicable law.

Distribution

This policy will be distributed to all new and existing trustees and employees. Moreover, program directors are responsible for distributing this policy to all volunteers who provide substantial services to NYIT.

Introduction

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination and harassment based on race, color, religion, ethnicity, sex and national origin, and Title IX of the Education Amendments of 1972 prohibits sex-based discrimination and sexual harassment of students and employees in educational programs and activities. Other federal, state, and local laws prohibit various forms of discrimination and harassment. NYIT is committed to providing equal opportunity in accordance with the law and a positive working environment free from unlawful discrimination and harassment.

For that reason, NYIT has developed an overarching Non-Discrimination and Discriminatory Harassment Policy applicable to all NYIT community members, including employees. The Non-Discrimination and Discriminatory Harassment Policy is deemed incorporated by reference into this employee handbook, and all employees are expected to be familiar with it.

While the principles of non-discrimination are consistent throughout the institution and its policies, this Non-Discrimination Policies and Procedures for Employees is intended to address certain rights and requirements specific to employees, and to set forth the resolution processes applicable to complaints of discrimination, harassment or retaliation asserted against employees.

Non-Discrimination in Employment

In accordance with NYIT's Non-Discrimination and Discriminatory Harassment Policy, NYIT will ensure that no decision concerning the terms and conditions of employment, including but not limited to recruitment, decisions to hire, promotions, compensation, benefits, transfers, reductions in staff, and rehires, will be based on race, creed, color, national or ethnic origin, sex, gender, gender identity, gender expression, age, mental or physical disability, sexual orientation, genetic information, religion, pregnancy, veteran status, marital status, citizenship, reproductive health decisions of the employee or their dependent, or any other basis protected by applicable local, state, or federal law.

In accordance with New York State Labor Law 203-E, reproductive health decision(s) of an employee or their dependent are included as a protected classification. Such protected decisions include, but are not limited to, using or accessing a particular drug, device or medical service. Employees will never be asked to sign a waiver or other document denying the right to make their own reproductive healthcare decisions. The institution will not access an employee's personal information regarding the employee's or the employee's dependent's reproductive health decision making without the employee's prior informed affirmative written consent. Employees have the right under New York State law to bring a civil action against the institution for alleged violations of these rights.

Discriminatory Harassment Including Sex Harassment

Discriminatory harassment is likewise prohibited under NYIT's Non-Discrimination and Discriminatory Harassment Policy. This occurs when an employee is subject to unwelcome and objectively offensive conduct based on their membership (actual or perceived) in a protected class, which: creates an intimidating, hostile, or abusive working environment; alters the conditions of employment; or unreasonably interferes with an individual's working performance. Forms of harassment include but are not limited to: epithets or slurs; negative stereotyping; threatening or intimidating acts; denigrating jokes; and display or circulation in the working environment (including through email) of written or graphic material.

Sex-based and sexual harassment, which are described in further detail below, are forms of discriminatory harassment. They also implicate NYIT's Gender Based Misconduct and Title IX Policy, which applies to all NYIT employees and is incorporated by reference into this employee handbook.

Sexual harassment in the workplace includes unwelcome conduct which is either of a sexual nature or which is directed at an individual because of that individual's sex or gender (including pregnancy, childbirth and related medical conditions), gender identity or gender expression (including transgender status) and/or sexual orientation when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or enrollment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) 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 involve individuals of the same or different sex. The complainant does not necessarily have to be the person harassed but could be anyone affected by the offensive conduct. Under New York State law, the conduct must be more than petty slights or trivial inconveniences to constitute sexual harassment, but does not have to rise to the level of severe or pervasive conduct. New York State law also makes clear that a person's intent, or lack of intent, to harass is irrelevant in determining whether their conduct constitutes sexual harassment.

As with other forms of harassment, sexual harassment can be verbal (e.g. words, jokes, insults or teasing), visual (e.g., offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts or emails) or physical conduct (e.g., unwanted touching, physically threatening another), when it denigrates or shows hostility or aversion towards an individual based on sex or gender (including pregnancy and related conditions), gender identity, gender expression and/or sexual orientation.

Examples of conduct that violate this policy include:

• unwelcome sexual advances, flirtations, advances, leering, whistling, touching, pinching, assault, blocking normal movement
• requests for sexual favors or demands for sexual favors in exchange for favorable treatment
• obscene or vulgar gestures, posters, or comments
• sexual jokes, noises, or comments about a person's body, sexual prowess, sexuality, sexual experience, or sexual deficiencies
• propositions, or suggestive or insulting comments of a sexual nature
• derogatory cartoons, posters, and drawings
• sexually-explicit emails, text messages, posts or voicemails
• conversation about one's own or someone else's sex life
• conduct or comments consistently targeted at only one gender, even if the content is not sexual
• teasing or other conduct directed toward a person because of the person's gender
• sex stereotyping

Title IX

This Non-Discrimination Policies and Procedures for Employees is intended to comply with New York State labor laws and federal Title VII laws for all forms of discriminatory harassment in employment. However, sex-based discrimination, harassment, or retaliation may also constitute a violation of federal law under Title IX, and would be subject to NYIT's Gender Based Misconduct and Title IX Policy. The specific offenses covered under that policy include: sex discrimination, sex-based/sexual harassment, sexual assault, dating and domestic violence, stalking, sexual exploitation, and sex-based retaliation. Employees should familiarize themselves with the Gender Based Misconduct and Title IX Policy, as it provides certain rights and options to parties which are unique to these offenses. It also describes the duties that employees have as mandated reporters of incidents which are disclosed to them.

Reporting Policy Violations

If you are an employee and believe that NYIT's discrimination and discriminatory harassment policies have been violated, you are encouraged to promptly report the offensive conduct immediately to the Office of Human Resources or to a trusted supervisor. If you are the subject/victim of the misconduct, you are not required to report; however, NYIT encourages reporting so that it may take action to address the behavior.

If you become aware of or suspect incidents of gender-based misconduct directed at others, all employees must report these incidents to the Title IX Coordinator unless they are designated as a confidential employee in the Gender-Based Misconduct and Title IX Policy. This includes incidents involving students.

Other complaints that a student has engaged in offensive conduct should be reported immediately to the Office of Student Life, which has the authority to address student disciplinary matters through the Student Code of Conduct.

Every supervisor who learns of any employee's concern about conduct in violation of these policies, whether in a formal or informal complaint, must immediately report the issues raised to the designated offices set forth above.

Reports may be made orally or in writing. Written complaints may be submitted internally using the complaint form appearing at the end of this policy.

Confidentiality and Non-Retaliation

Confidentiality will be protected to the maximum extent possible, consistent with a fair and thorough investigation and NYIT's obligation to ensure the safety of the community. The investigation of such complaints will generally require limited disclosure on a need-to-know basis.

Retaliation is adverse conduct taken because an individual reported an actual or perceived violation of NYIT's non-discrimination policies, opposed practices prohibited by the policies, participated in the reporting and investigation process set forth in the policies or testified or assisted in an investigation or proceeding involving an actual or perceived violation of the policies. Adverse conduct includes, but is not limited to: any action that would keep an employee from reporting discrimination or discriminatory harassment; shunning and avoiding an individual who reports such misconduct; express or implied threats or intimidation intended to prevent an individual from reporting such misconduct; and denying employment benefits because an applicant or employee reported or encouraged another employee to report such misconduct or participated in the reporting and investigation process.

Retaliation against individuals who complain of discrimination or harassment or who testify or assist in any investigation or proceeding involving discrimination or harassment is unlawful and prohibited by NYIT policy. Offending employees will be subjected to appropriate disciplinary action, up to and including suspension or termination of employment.

Under Title IX, sex-based discrimination and harassment offenses have their own requirements and definitions regarding confidentiality and retaliation, as described in the Gender Based Misconduct and Title IX Policy and in the procedures below.

Employee Grievance Procedure

Applicability

This procedure applies to all complaints of discrimination, discriminatory harassment, or retaliation, unless it is an offense under the Gender Based Misconduct and Title IX Policy with a student complainant.

All complaints or grievances reported as set forth above, or information about suspected discrimination, discriminatory harassment, or retaliation will be reviewed and any potential policy violation will be investigated.

Complaints of sex-based discrimination, harassment, and retaliation (with or without student complainants) are subject to the Gender-Based Misconduct and Title IX Policy provisions regarding initial evaluation, complaint dismissal, and dismissal appeal. Gender-based misconduct complaints also include certain specified rights for both parties, such as supportive measures and informal resolution options, as described in the Gender Based Misconduct and Title IX Policy.

Procedural Rights

In all cases, NYIT will provide for prompt, reliable, and impartial investigation of complaints. The respondent/accused employee is presumed not responsible for the allegations, and the burden is on NYIT—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether a violation occurred. The standard of proof in these cases is preponderance of the evidence, meaning it is more likely than not that the conduct occurred.

NYIT will treat parties equitably and ensure no bias or conflict of interest exists with those implementing the process. If none exist, the investigator may be the same individual as the decision-maker, in the institution's discretion.

NYIT will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by: speaking to witnesses; consulting with their family members and/or confidential resources; and otherwise preparing for or participating in the grievance procedures.

All persons involved, including complainants, witnesses and accused employees will be accorded adequate procedures as described below to protect their rights to a fair and impartial investigation, including the ability to offer their own evidence and identify relevant witnesses. Any employee may be required to cooperate as needed in an investigation.

Resolution Timeframe

The initial evaluation of reports or complaints will typically occur within 7 business days of receipt. If warranted, NYIT will then initiate an investigation within five (5) business days of the evaluation and confirmation of intent to move forward with the grievance procedure by a reporting party or complainant. NYIT will complete investigations with reasonable promptness, depending upon the complexity of the matter and the number and availability of witnesses, but generally in no more than 60 days.

If a party or witness chooses not to participate in the process or becomes unresponsive, NYIT reserves the right to continue it without their participation to ensure a prompt resolution. Non-participatory or unresponsive parties retain the rights outlined in this policy and in the Gender Based Misconduct and Title IX Policy, where applicable.

NYIT may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include but are not limited to a request from law enforcement to temporarily delay the investigation (provided it does not conflict with NYIT's obligations under NYS Education Law Article 129-b), the need for language assistance, the absence of parties and/or witnesses, and/or health conditions. NYIT will promptly resume its process as soon as feasible. During such a delay, NYIT will implement and maintain supportive measures for the parties as deemed appropriate.

Initiation of Complaint

Upon receipt of a complaint, Human Resources (or the Title IX Office, where appropriate) will conduct an immediate review of the allegations and will determine if any interim actions are appropriate. If the complaint is oral, the complaint will be documented by NYIT.

If an investigation is initiated, both parties will receive notice of the investigation, which will include:

• Information regarding these grievance procedures and any informal resolution process, if applicable.
• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute discrimination or discriminatory harassment, and the date(s) and location(s) of the alleged incident(s).
• That retaliation is prohibited.
• That the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.
• That NYIT prohibits knowingly making false statements or knowingly submitting false information during its grievance procedures.

If the investigation is expanded to include new or different allegations than initially noticed, NYIT will notify both parties of the changes.

Assessment and Evaluation of Evidence

NYIT will provide a process that enables the investigator, and decisionmaker where necessary, to question parties and witnesses to adequately assess a party's or witness's credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations. This means typically the complainant and the accused/respondent will be interviewed as part of the investigation, as well as any witnesses, except in rare circumstances where a party may be unavailable or refuse to be interviewed.

A party whose participation is invited or expected will receive written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate. Credibility determinations will not be based on a person's status as a complainant, respondent, or witness.

NYIT will also provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible, as defined below. NYIT will objectively evaluate such evidence, which may include evidence that is gathered through interviews, documents, and other information provided by the parties.

Permissible and Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible (i.e. will not be accessed or considered, except to determine whether one of the exceptions below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

• Evidence that is protected under a privilege recognized by federal or state law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality.
• A party's or witness's records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless NYIT obtains that party's or witness's voluntary, written consent for use in its grievance procedures.
• For allegations of gender-based misconduct, evidence that relates to the complainant's sexual interests or prior sexual conduct, unless evidence about the prior sexual conduct is offered to prove that someone other than the respondent committed the alleged act, or is evidence about specific prior incidents between the parties offered to prove consent. Prior consensual sexual conduct between the parties does not by itself demonstrate or imply the complainant's consent or preclude determination that sex-based misconduct occurred.

Access to Permissible Evidence

NYIT will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. NYIT will then provide each party with an equal opportunity to access the evidence that is relevant to the allegations and not otherwise impermissible, in the following manner:

• NYIT will provide an equal opportunity to access an accurate description of the evidence. Upon request of either party, NYIT will also provide equal opportunity to access the evidence itself.
• NYIT will provide a reasonable opportunity to respond to the description of the evidence.
• NYIT will take reasonable steps to prevent and address the parties' unauthorized disclosure of information and evidence obtained solely through these grievance procedures.

Conclusion/Outcome

NYIT will keep parties abreast of the status of the investigation and its anticipated completion, and will notify the parties of the outcome of the investigation within seven (7) business days of its completion.

Upon completion of the investigation, NYIT will determine whether the policy has been violated based upon its evaluation of the information gathered during the investigation as described above. Both parties will be notified within the same reasonable timeframe of the final determination and any appropriate sanctions. The determination regarding responsibility becomes final on the date that NYIT provides the parties with the written notice of outcome.

The notice of outcome to the parties will include:

• A description of the alleged misconduct.
• Information about the policies and procedures that NYIT used to evaluate the allegations.
• The decisionmaker's evaluation of the relevant and not otherwise impermissible evidence and determination whether misconduct occurred.
• When it is determined that a violation occurred, any disciplinary sanctions to be imposed on the respondent.

Sanctions

Any employee found to have engaged in conduct in violation of these policies will be considered to have engaged in employee misconduct. Individuals who violate this policy (which includes supervisory or management personnel who fail to report or knowingly allow violative behavior to continue) will be subject to disciplinary action, from a warning up to and including termination of employment. Sanction ranges for specific gender-based misconduct offenses can be found in the Gender-Based Misconduct and Title IX Policy. Sanctions will not be imposed until completion of the grievance procedure.

For gender-based misconduct, and where indicated, for other forms of discrimination, harassment, or retaliation, NYIT may institute remedies, in addition to disciplinary sanctions. Remedies include any necessary steps to prevent further harassment and to correct its discriminatory effects on the complainant and others, where appropriate. NYIT will provide notice of remedies to impacted parties, and if applicable, to others identified by NYIT who may be experiencing the effects of the same misconduct.

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 laws and collective bargaining agreements. Moreover, unless otherwise prohibited by law, nothing shall limit the right of the institution to temporarily remove an employee from job responsibilities, duties, or from the premises in the event that a violent or egregious act is claimed, or if the health and safety of NYIT community members is at risk. However, subject to the foregoing interim measures, NYIT will not institute discipline for respondent for alleged misconduct under this policy until the grievance procedure is finished and a determination has been made that the alleged misconduct was more likely than not to have occurred.

Nothing shall prevent the institution or any of its representatives from reporting criminal or violent acts or threats to civil or law enforcement agencies in order to protect the safety and well-being of members of the NYIT community. Such a report may be made regardless of whether a complaint has been submitted. Individuals who engage in discriminatory or harassing conduct that rises to the level of a violation of law may be subject to personal civil or criminal action, in addition to NYIT's internal process.

If after investigating any complaint of discrimination, discriminatory harassment, or retaliation, the institution determines that knowingly false information has been provided, disciplinary action may be taken against the employee who has knowingly provided false information.

Student-Complainant Grievance Procedure

The provisions in this section will apply only to sex-based allegations against a respondent employee when the complainant's primary status is that of a student, as required by Title IX. The applicable process for student-employees will depend upon whether they were acting in the capacity of a student or an employee at the time of the alleged misconduct.

These rights and procedures will supplement the process described above in the Employee Grievance Procedure, unless otherwise stated.

Notice to be Provided in Student-Complainant Cases

Where a student is the complainant, the following will be added to the notice of allegations and investigation that parties receive under the Employee Grievance Procedure:

• That the respondent is presumed not responsible for the alleged misconduct until a determination is made at the conclusion of the grievance procedures, and that prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decision maker.
• That the parties may have an advisor of their choice who may, but is not required to be an attorney.
• That the parties are entitled to an equal opportunity to access an investigative report (rather than simply a description of the evidence) that accurately summarizes the evidence, and upon request, an equal opportunity to access the relevant and not impermissible evidence upon which the report is based.

Role of Advisors in Student-Complainant Cases

While parties are allowed to have an advisor of their choosing accompany them to any meetings and interviews during the student-complainant process, NYIT does not provide advisors to parties and cannot guarantee equal advisor rights if one party elects to utilize an attorney as their advisor. Parties are generally not permitted to have more than one advisor; however, exceptions may be made on a case by case basis. If the option to have an additional advisor is made available to one party, it will be made available to the other.

Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so. The parties are expected to ask and respond to questions on their own behalf throughout the process. Although the advisor generally may not speak on behalf of their advisee, the advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

Advisors are entitled to the same opportunity as their advisee to access relevant evidence, and/or the same written investigation report that accurately summarizes this evidence. Advisors are expected to maintain the confidentiality of the records shared with them, and may be required to confirm this in writing.

Any advisor who oversteps their role as defined above, who shares information or evidence in a manner inconsistent with institutional policy, or who refuses to comply with NYIT's established rules of decorum will be warned. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the meeting/interview may be ended, or other appropriate measures implemented, including NYIT requiring the party to use a different advisor.

Questioning Process in Student-Complainant Cases

The investigator will conduct interviews with the parties as part of the investigation, consistent with the process described in the Assessment and Evaluation of Evidence section of the Employee Grievance Procedure.

NYIT will ensure that interviews take place in individual meetings with a party or witness. NYIT will allow each party to propose questions that the party wants asked of any other party or witness, including questions challenging credibility. To facilitate this, NYIT will provide each party with an audio recording or transcript of each interview with enough time for the party to have a reasonable opportunity to propose follow-up questions.

Upon completion of the interviews, the investigator will provide a draft investigation report to the parties and the decision-maker for review and for the posing of additional questions. The investigator will share any party-proposed questions with the decision-maker to ensure all questions are relevant, permissible, and not harassing or unclear, before being posed.

The decision-maker will explain any decision to exclude a party's question. If a question is deemed unclear or harassing, the decision-maker will give an opportunity to clarify or revise such a question. Typically, the investigator will then hold individual meetings with the parties and witnesses to ask the questions posed by the decision-maker, as well as the questions proposed by the parties. However, the decision-maker may conduct such follow-up questioning directly, in their discretion.

The investigator will then incorporate any new, relevant evidence obtained through the parties' review of the draft investigation report, the questioning, and follow-up meetings into a final report. Upon review, the decision-maker may direct a re-opening of the investigation, or may direct or conduct any additional inquiry necessary.

The decision-maker may give less weight or no weight at all to statements by a party or witness who refuses to respond to questions, which are deemed relevant and not impermissible. However, the decision-maker will not draw an inference about whether a violation of policy occurred based solely on such refusal to respond.

Right to Appeal in Student-Complainant Cases

There is no right to appeal a dismissal or determination under the Non-Discrimination Policies and Procedures for Employees, except in cases involving a student complainant and employee respondent. The sole bases for an appeal in those cases are:

• Procedural irregularity that would change the outcome.
• New evidence would change the outcome and that was not reasonably available when the dismissal was made.
• The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

Parties will be notified of their right to appeal, which must occur within three (3) business days from the Notice of Outcome. If a party appeals, NYIT will:

• Notify the parties in writing of any appeal.
• Implement appeal procedures equally for the parties.
• Ensure that the decision-maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint.
• Ensure that the decision-maker for the appeal has been trained consistent with the Title IX regulations.
• Communicate to the parties in writing that NYIT will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome.
• Notify the parties in writing of the result of the appeal and the rationale for the result.

In Student-Complainant Procedure cases, the determination regarding responsibility becomes final either on the date that NYIT provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which the appeal would no longer be considered timely.

Legal Protections and External Remedies

As described above, discrimination and discriminatory harassment (including retaliation) is not only prohibited by NYIT but is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at NYIT, employees may also choose to pursue legal remedies with the following governmental entities at any time. Offenders may also be subject to individual liability.

New York State Division of Human Rights (DHR)

DHR enforces the New York State Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., which protects employees, paid or unpaid interns and non-employees regardless of immigration status from unlawful discrimination, harassment or retaliation. The DHR has the power to award relief, which varies but may include requiring an employer to take action to stop the harassment, or redress the damage caused, including paying monetary damages, attorney's fees and civil fines.

DHR's hotline is: 1-800-HARASS-3

NYS Division of Human Rights
One Fordham Plaza, Fourth Floor
Bronx, New York 10458
718.741.8400
dhr.ny.gov

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.). If an employee believes they have been subjected to harassment, the employee can file a "Charge of Discrimination." The EEOC has district, area, and field offices where complaints can be filed. The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred.

The EEOC can be contacted by calling 1.800.669.4000 (1.800.669.6820 TTY), visiting its website at eeoc.gov or via email at info@eeoc.gov.

Local Protections

Many localities also enforce laws protecting individuals from discrimination and discriminatory harassment, including Nassau County and New York City. Employees may be able to file complaints in these localities.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may also constitute a crime. In such cases, employees may contact the local police department or, in an emergency, dial 911.

DISCRIMINATION AND DISCRIMINATORY HARASSMENT COMPLAINT FORM

Definition of Conflict of Interest

All employees and trustees of NYIT are expected to perform their professional responsibilities in a manner that is free from real or apparent bias motivated by self interest.

A conflict of interest arises when an employee or trustee is in the position to place his or her personal interest above NYIT's interest. It can include situations in which an employee or trustee is in a position to compete with, rather than help, NYIT, or in which an employee or trustee stands to profit by a decision he or she may make on behalf of NYIT. It also includes situations in which an employee or trustee can make a business decision not on the basis of NYIT's interest, but rather for his or her personal advantage.

While it is not possible to list all situations that might involve a conflict of interest, some examples of interests and activities that might constitute a conflict of interest are:

• Ownership interest by an employee or trustee, or his or her immediate family, in an organization that competes or does business directly or indirectly with NYIT.
• Service by an employee or trustee, or his or her immediate family, as a director, partner, employee, or consultant, for an organization doing, or seeking to do, business, or competing with, NYIT.
• Acceptance of any payments, free services, or products, including travel and entertainment, of more than a nominal value, by any employee or trustee in or from any organization that transacts, or that the employee or trustee knows is seeking to transact, any business with NYIT.

Procedures for Employees

Any employee who has, or believes another employee has, a possible conflict of interest, or the appearance of a conflict of interest, must notify his or her supervisor, the relevant vice president, and in academic departments, the dean. The vice president will consult, if appropriate, with the General Counsel and/or the director of internal audit, and will be responsible for managing the real or apparent conflict of interest. Proper management of the conflict, as determined by NYIT senior management, in its sole discretion, may include, for example: asking the employee to give up the conflicting interests; directing the employee not to represent NYIT in outside dealings where the conflict of interest exists or may develop; or allowing the employee to continue to represent NYIT under the direction of his or her supervisor.

The key to avoiding problems is to use good judgment, and when in doubt, disclose the possible conflict, and obtain prior approval.

Officers, vice presidents, and certain other employees, particularly employees involved with the procurement of goods and services, will be required to submit annual disclosure forms to the General Counsel, and to submit updated forms in the event that there is any change in the time period between the submission of the annual forms. In addition to disclosure of potential conflicts of interest, the disclosure form for officers and key employees will include disclosure of any anticipated Related Party Transactions, as defined at the end of this policy. With respect to any disclosed conflicts, the General Counsel will consult, if and as appropriate, NYIT personnel such as the president, chief financial officer, internal audit director, and, if necessary or advisable, the chair of the Board of Trustees Audit Committee. The General Counsel will recommend to the president and, if indicated, the chair of the Audit Committee, such steps as may be appropriate to manage the conflict of interest. Any conflicts of interest relating to officers or key employees, whether reported on the annual forms or otherwise, will be reported by the General Counsel to the Audit Committee of the Board of Trustees.

The failure to disclose a conflict of interest as required by this policy will subject the employee to discipline up to and including termination. See NYIT's separate policy on Conflicts of Interest in Research.

Procedures for Trustees

Prior to the initial election of any trustee, and each year thereafter, each trustee will be required to submit a disclosure form to the Secretary, and to submit updated forms in the event that there is any change in the time period between submission of the annual forms. In addition to disclosing potential conflicts of interest, the disclosure form will include disclosure of any anticipated Related Party Transactions, as defined at the end of this policy. The Secretary shall provide a copy of all completed forms to the chair of the Audit Committee.

In the event that the Board of Trustees is to consider any contract or transaction in which a trustee, officer or key employee has a potential conflict of interest, the material facts regarding the potential conflict of interest must be disclosed to the Audit Committee of the Board. The following procedures will then be followed:

• The Audit Committee, with only independent trustees participating, will first determine whether a conflict of interest exists.
• If the Audit Committee determines that a trustee has a conflict of interest as to the proposed contract or transaction, the conflicted trustee may be counted in determining the presence of a quorum at a meeting of the board or a committee authorizing the contract or transaction, but may not be present at or participate in the deliberation or vote. The conflicted trustee may be asked by the board to present information prior to the deliberations, but the conflicted trustee will not attempt at any time or in any way to improperly influence the deliberation or vote.
• If the Audit Committee determines that an officer or key employee has a conflict of interest as to the proposed contract or transaction, the conflicted officer or key employee may be asked by the board to present information prior to the deliberation, but will not be present for the deliberation and vote.
• The existence and resolution of any trustee, officer or key employee conflict of interest will be documented in the minutes of any meeting at which the conflict of interest was discussed.

Related Party Transactions (trustees, officers and key employees)

"Related Party Transaction" is defined as any contract or transaction between NYIT and any trustee, officer, or key employee of NYIT, a relative of any trustee, officer, or key employee, or any entity in which any of the foregoing individuals is either a director or officer or has a significant financial interest. For this purpose, "relative" means spouse, domestic partner, ancestor, sibling, half-sibling, child, grandchild, great-grandchild, and the spouses of any of them; "significant financial interest" means 35% or greater ownership or beneficial interest, or, in the case of a partnership or professional corporation, a direct or indirect ownership interest in excess of 5% "NYIT" means NYIT and any subsidiaries or other affiliates.

All trustees, officers and key employees shall disclose any ongoing or anticipated Related Party Transaction on their annual disclosure form, or on a supplemental form during the year.

NYIT shall not enter into any Related Party Transaction unless the Board of Trustees or an authorized committee of the Board has made a determination that the transaction is fair, reasonable, and in NYIT's best interest. Specifically, the Board or committee shall consider any available alternative transactions, approve the transaction by no less than a majority vote of the trustees present at the Board or committee meeting, and contemporaneously document in writing the basis for the Board or authorized committee's approval, including the consideration of any alternative transactions.

During the course of your work at NYIT, you may have the opportunity to create what is legally known as intellectual property. This is a general term applied to many tangible and intangible categories that include but are not limited to inventions, trade secrets, patents, literary and artistic works, such as books, articles, poetry, paintings, photographs and music, and computer software. Intellectual property may also include trademarks, brand names, logos, designs, or other symbols that distinguish products and services. Any intellectual property you create as part of your work here is the property of NYIT, and is deemed a work made for hire, with all legal interests vesting in NYIT, unless otherwise determined by a separate written agreement between you and NYIT or as provided in a collective bargaining agreement.

Revised on May 28, 2020

Each New York Tech student and each member of the New York Tech faculty and staff agrees that the university has permission to record by videotape/film/digital recording their image and voice at all New York Tech classes, activities and events, whether on or off campus, and to use such recordings for academic, publicity, and promotion purposes in perpetuity. New York Institute of Technology shall be the exclusive owner and copyright holder of, and possess all right, title, and interest to, such recordings.

External Communication

From time to time, as an employee of NYIT, you may receive inquiries from the media (e.g., newspapers, television stations, radio stations, magazines, or Internet-based media). To ensure that NYIT maintains the appropriate public image and that communications to the media are accurate and consistent with applicable NYIT policy, if you are contacted by the media, you should refer the individual making the inquiry to Enrollment Management and Strategic Communications at mediarelations@nyit.edu and NYIT-Vancouver's marketing department at hellovancouver@nyit.edu.

Any inquiries from attorneys or law enforcement representatives should be referred to the Office of the General Counsel.

Solicitations and Distribution of Literature

In the interest of maintaining a proper environment and preventing interference with work and inconvenience to others, employees may not distribute literature or printed materials of any kind, sell merchandise, solicit financial contributions, or solicit for any other cause during working time. Employees who are not on working time, e.g. those on lunch hour or breaks, may not solicit employees who are on working time for any cause or distribute literature of any kind to them. Non-employees are prohibited from distributing material or soliciting employees on NYIT premises at any time.

References in relation to job applications for current or former employees may only be provided by Human Resources. In the event that NYIT receives an inquiry concerning a current or former employee's employment, in accordance with NYIT's general policy, NYIT will only disclose the position and dates of employment of the current or former employee, unless other information is required by law or court, or administrative process. Please contact the Office of Human Resources, if you receive a request to provide a reference for a current or former NYIT employee.

Telecommunications equipment provided by NYIT is intended for use related to NYIT business and is not intended for personal use. If you need to use office telephones for personal calls during business hours, you should keep calls brief so as not to interrupt department workflow or incur additional expenses.

You are strictly prohibited from receiving personal telephone calls on any of NYIT's toll-free lines. Excessive use of office telephones for personal calls may be grounds for disciplinary action. Please do not attempt to de-install, relocate, or alter any telephone equipment in any way. Address all telephone requests to Information Technology Services. Unauthorized tampering with any NYIT telephone hardware may put yourself or your coworkers in danger or result in damage to NYIT's telephone systems. Violations of these policies can lead to the suspension of your services and additional penalties, up to and including the termination of your employment and, if warranted, referral to the appropriate law enforcement agency.

Similarly, computers and other information technology provided by NYIT are intended for use related to NYIT business and are not intended for personal use. The security and accuracy of information contained within these systems are the responsibility of all individuals with access to them. While NYIT wishes to promote Internet use, employees should be aware that every message sent through the Internet from NYIT, and all information uploaded to the Internet from the office, has NYIT's name attached to it. Sending an email, contributing a file to a database, or participating in a computer bulletin board or forum is much like using NYIT's letterhead. With that in mind, NYIT has established the following policies governing Internet access through NYIT computers or using a NYIT provided email or Internet address.

Employees should understand that, in communications on the Internet from the office, he/she may be regarded by the recipients as a representative of NYIT. Care should be taken to communicate at all times in a professional and courteous manner. It is important to remember that email communications across the Internet are not secure. Each employee should understand that email messages and use of the Internet are not private within NYIT, even if you use a password to protect information sent or received. Email messages should be treated like written communications, with an expectation that anything in them will be available for review by authorized representatives of NYIT.

You may have been given a computer and network access as part of your job duties. Use of NYIT's information technology is governed by the following restrictions, policies and procedures:

The following list is an outline summary of the comprehensive policies.

• Use of NYIT computers and networks for non-NYIT-related commercial purposes is strictly prohibited. This includes, but is not limited to, development of programs, data processing or computations for non-NYIT-related commercial use, and preparation and/or presentation of advertising materials not related to NYIT.
• You should not attempt to gain access to privileged areas or to accounts that do not belong to you.
• Individual accounts cannot be transferred to or used by another person.
• You should not use NYIT computers to gain unauthorized access to other systems.
• Do not attempt to read another person's email or other protected files.
• Do not use your computer to send nuisance emails, including chain letters and obscene or harassing messages, or to play computer games.
• Copying, storing, displaying or distributing copyrighted materials using NYIT computer systems or networks without the express permission of the copyright owner, except as otherwise allowed by copyright law, is strictly prohibited.
• You should never use your computer for any unethical, illegal, or criminal purposes.
• If you ever discover what may be a security lapse in our systems, please report your concerns to Information Technology Services at once.
• You should not share your passwords with anyone.
• You are responsible for the proper use of your account including choosing safe passwords and ensuring that your file protections are correctly set.
• Each user is assigned one or more confidential passwords intended to restrict access to desktop computers and email. However, employees should have no expectation of privacy regarding documents stored on computer systems or in messages sent across the network. NYIT has the absolute and unconditional right to investigate, review, and monitor these materials including, but not limited to: eradication of computer viruses; data access, backup and restoration; hardware and software inventory procedures, including scans for unlicensed software installations; installations, maintenance, updates and repair; investigations relating to compliance with NYIT policies, including computer policies, and investigation of criminal, unlawful, or unauthorized activities as directed by local, provincial, state, federal authorities, or by the senior management of the university.

Any employee found to be in violation of any of the terms of these policies will be subject to suspension of computer access and disciplinary action, up to and including suspension or termination of employment and, if warranted, referral to the appropriate law enforcement agency.

For purposes of compensation administration, NYIT classifies its employees as follows:

• Full-time regular employees work on a full-time basis of continuing duration. Work hours vary by department, with some having a 35-hour week and some a 40-hour week. Such employees may be "exempt" or "non-exempt" as defined below.
• Part-time regular employees work on a part-time basis of continuing duration. Part-time regular employees are not eligible for health benefits, pension, vacation, or holiday pay, except as may be legally required. Such employees may be "exempt" or "non-exempt" as defined below.
• Temporary and contract employees are engaged to work full-time or part-time on NYIT's payroll with the understanding that their employment will be terminated on completion of a specific assignment or project. Individuals hired from temporary employment agencies for specific assignments or projects are employees of the respective agency and not of NYIT.
• "Non-exempt" employees are employees who are required to be paid overtime, in accordance with applicable wage and hour laws. "Exempt" employees are employees who meet certain tests as to salary and their job functions and responsibilities and are not required to be paid overtime, in accordance with applicable wage and hour laws.

You will be informed of your initial employment classification and of your status as an exempt or non-exempt employee at the time of your hire. If you change positions during your employment as a result of a promotion, transfer, or otherwise, you will be informed of any changes in your status.

This handbook does not guarantee employment for any specific duration. In the absence of a written contract signed by an authorized representative of NYIT—and subject to the provisions of any applicable collective bargaining agreement—each NYIT employee is employed on an "at-will" basis, meaning that either you or NYIT may terminate your employment relationship at any time for any or no reason.

The normal workweek for NYIT employees is Monday through Friday, with the exception of paid holidays. Working hours may vary according to your specific department. Your supervisor will advise you of your work schedule. Changes in work schedules will be announced as far in advance as is practical. Full-time regular employees are provided with lunch and rest breaks as required by state or federal law.

For NYC campus employees, please see additional information on work schedules.

In accordance with applicable laws, all NYIT employees must accurately report time worked and/or leave time taken. Non-exempt employees submit weekly time sheets on which they record their hours worked, and exempt employees submit semi- monthly time sheets on which they record only their time off from work. Falsification of time records is a breach of institutional policy and is grounds for disciplinary action up to and including suspension or termination of employment.

Departmental needs may make it necessary, on occasion, for employees to work beyond their scheduled work hours. Your supervisor will attempt to provide you with reasonable notice when the need for work outside your regular work schedule arises. Please remember, however, that advance notice may not always be possible.

Non-Exempt Employees: Overtime compensation is provided to non-exempt employees only. If you are unsure of your exemption status, check with the Office of Human Resources. Except as may otherwise be required by applicable state law, non- exempt employees are paid at a rate of 1.5 times their current hourly rate for all hours in excess of 40 hours worked in their established workweek. For employees in positions with a scheduled 35-hour workweek, hours worked beyond 35 but less than 40 will receive additional straight-time pay. Non-exempt employees must be paid additional straight-time and overtime for all hours worked and cannot receive compensatory time instead. All overtime and additional straight-time must be approved in advance by the department head. It is not permitted for employees to work additional hours without authorization, or to fail to accurately report hours on time sheets.

Exempt Employees: To the extent it is operationally possible, compensatory time may be given to employees exempt from overtime pay who are required to work excessive amounts of additional time on a prolonged or regular basis or who are required to regularly work on scheduled days off. All compensatory time must be approved in advance by the department head. This compensatory time off is not intended to be an hour-for-hour equivalent, but a good faith effort to recognize extraordinary circumstances. Employees are not paid in lieu of compensatory time off in the event that it cannot be granted.

Salary is payable semi-monthly, with limited exceptions. All promotions, transfers, and salary increases for employees, other than unionized employees, require the review and approval of the employee's vice president, the Office of Financial Affairs, the Office of Human Resources, and the president. For unionized employees, promotions, transfers, and salary adjustments are governed by the applicable collective bargaining agreement.

From time to time, NYIT authorizes, for certain of its non-unionized employees, a periodic salary adjustment or "PSA." Eligible employees must have (a) been employed by NYIT for at least six months prior to the effective date of the PSA; and (b) demonstrated satisfactory job performance.

Salary garnishments authorized by law, including those directed by court order, the IRS, the state department of taxation and finance, and the county sheriff's office, are processed through the payroll department. If NYIT receives a notice of garnishment of your salary, the payroll department will notify you, if obligated to do so by the order. Upon receipt of this notice, the payroll department is required by law to deduct the monies according to the schedule established in the garnishment notice. Garnishments are deducted on a per-paycheck basis and remitted directly to the court or other garnishing agency. The payroll department maintains records of garnishment payments and will notify you of any changes to the garnishment schedule, and when the garnishment ends, if obligated to do so by the order.

Certain employees are covered under collective bargaining agreements between NYIT and the following three unions and associations:

American Association of University Professors

Faculty and certain professional employees are represented by the American Association of University Professors (AAUP). There are two AAUP chapters at NYIT, each headed by a chapter president: one represents members on the Manhattan campus and one represents members on the Long Island and Central Islip campuses.

Local 282, International Brotherhood of Teamsters

Grounds and maintenance staff are represented by Local 282 of the International Brotherhood of Teamsters. This union is the exclusive bargaining representative with respect to pay rates, wages, hours, and all other conditions of employment for all grounds and maintenance employees on all three NYIT campuses in the U.S. Shop stewards at each campus act as the primary liaisons between the union and its members at each location.

Local 32BJ, Service Employees International Union, AFL-CIO

Custodial staff members are represented by Local 32BJ of the Service Employees International Union, AFL-CIO. Shop stewards at the campuses are the primary liaisons between the union and its members at each location.

It is New York Tech's policy to promote from within when and where possible. Open positions are posted on the New York Tech website, when and where appropriate. Employees in good standing are encouraged to apply for open positions and should contact Human Resources for additional information. Transfers and promotions require final review and approval by the employee's vice president, the Office of Financial Affairs, the Office of Human Resources, and the president.

As an employee of NYIT, you are expected to perform your job duties as directed by your supervisor and to maintain professional behavior in keeping with the standards outlined in this handbook.

Discharge and discipline decisions are made at the sole discretion of NYIT. Certain types of misconduct may give rise to immediate discharge. Examples include, but are not limited to, use of controlled substances, intoxication, dishonesty, insubordination, misconduct, and/or violation of NYIT policy. In certain cases of unsatisfactory performance, NYIT may determine, at its sole discretion, to use a progressive discipline system designed to address performance problems and correct unacceptable behavior in a positive and constructive manner. However, as an "at will" employer, NYIT is free to terminate an employee at any time, for any or no reason, without any warning or notice.

Managers should seek guidance from the Human Resources department regarding employee performance problems and assistance in drafting performance and disciplinary communications to employees.

There may come a time during your employment with NYIT when an outside situation, including family difficulties, poor health, substance abuse, or emotional disturbance, may interfere with your ability to do your job. Therefore, we have established an Employee Assistance Program (EAP) to assist you and your family in getting the help you may need.

The EAP is a confidential assessment, counseling, and referral service designed to assist employees and their families with personal problems. NYIT provides EAP services through UnitedHealthcare and The Standard. The EAP is staffed by professional counselors who are experienced in assisting people with a wide range of personal problems. Counselors are available 24 hours a day, seven days a week, to talk, offer short-term counseling and, if necessary, provide you with a referral for continued or specialized care.

UnitedHealthcare medical plan participants can call the EAP toll-free number, provided by UnitedHealthcare, at 888.887.4114. Non-UnitedHealthcare participants may be eligible to contact The Standard, at 888.293.6948.

Family Relationships

NYIT discourages having family members work in the same department. In addition, NYIT prohibits one family member from having any direct or indirect supervision over the progress, performance, pay, or welfare of another, regardless of their areas of employment, and they may not be involved together with matters of financial controls or physical inventory of NYIT property. For this policy, NYIT defines family as any of the following relationships: child, spouse, domestic partner, parent, sibling (including half siblings, step siblings, or siblings related through adoption), grandchild, grandparent, ward, in-law, uncle, aunt, niece, nephew, cousin, the child of an employee's spouse or domestic partner, or any other individual related to the employee by blood or whose close relationship with the employee is the equivalent of a family relationship.

If the family relationship of two employees who fall under one of the above-listed conditions changes, the employee with the shorter length of service will be required to transfer, resign, or be terminated within 30 days unless the other employee does the same voluntarily. If you have any question about whether or not your family member is eligible under this policy to apply for a specific open position, please contact the Office of Human Resources.

As in any situation where adults spend time together, it is possible that NYIT employees may wish to engage in a consensual romantic relationship. There are specific instances where this violates NYIT policy. If you are a faculty member, you must not participate in a consensual romantic and/or sexual relationship with any student who is enrolled in any of your classes or is under your authority. Situations of authority include, but are not limited to: teaching, formal mentoring or advising; supervision of research and employment of a student as a research or teaching assistant; exercising substantial responsibility for grades, honors, or degrees; and involvement in disciplinary action related to the student. You are also discouraged from participating in this type of relationship with any student not under your authority. If you are a staff member, you must not participate in a consensual romantic and/or sexual relationship with anyone who is subject to your supervision or evaluation. There is a power differential in these relationships that could compromise your ability to perform your job duties in an unbiased manner. In addition, there is a danger that the consensual nature of the relationship could later be reinterpreted as non-consensual and therefore create a potential for sexual harassment.

We recognize that two people may already be engaged in some type of consensual relationship before one of the above-listed situations occurs. In this case, whoever is in the "supervisory" position, whether as an employee or a professor, must make every effort to place the student or subordinate employee in another situation. If this is not possible, the conflict must be resolved in another manner—the student must drop the class, one employee or the other must resign, or the relationship must end. For the purposes of this policy, employees who are or were married are considered in a consensual relationship.

Consistent with the proper stewardship of NYIT's resources and in accordance with regulations on the disbursement of federal and state funds, gifts to NYIT employees, and celebratory events of a personal nature (birthdays, weddings, baby showers, graduation, and the like), may not be purchased or paid for with NYIT funds.

Vacation

NYIT offers every regular full-time, 12-month employee paid vacation, and the rules for non-unionized employees are set forth below. The number of vacation days that you are eligible for is determined on a calendar-year basis and each full-time employee earns vacation on a pro-rata basis throughout the year. With supervisor approval, employees may use "borrowed" vacation days up to the annual accrual earlier in the calendar year before the days have been earned. Any such borrowed days will be deducted from the employee's final paycheck if the employee terminates before accruing the borrowed vacation.

All requests for vacation time must be submitted on a timely basis to your supervisor, who will approve your request consistent with the operating needs of the department. Vacation days will only be approved for times when your absence will not place undue hardship on the operations of your department. Individual departments may have periods of peak activity in which no vacation time may be taken.

Unless otherwise noted (e.g., in your offer letter), all non-union, full-time employees will receive 24 vacation days per year. You must use all of your vacation days before year end.

If your employment ends during the year, your final pay will include any earned/unused vacation days, based on the number of months worked in the current year. Vacation days used, but not yet earned, will be deducted from your final pay.

All employees of the institution who are not covered under a collective bargaining agreement are entitled to a number of holidays off. The Office of Human Resources posts the list of paid holidays online each year. You are eligible for holiday pay if you are a regular, full-time employee and the holiday occurs after your date of hire. If you are covered under a collective bargaining agreement, you are paid for holidays in accordance with the terms of that agreement.

Only regular, full-time employees who work a nine-month schedule are entitled to personal days. These employees will receive two personal days per academic year, which may be taken for any reason. There are no waiting periods and you will earn one day on September 1 and one day on January 1. Your supervisor must approve personal days in advance, except in emergency situations. You cannot carry over personal days from one year to the next, and you will not receive pay for unused personal days if your employment ends.

New York Institute of Technology provides paid sick leave to all employees at its New York and Arkansas campuses in compliance with state and local law, including the New York State Paid Sick Leave law.

Full-time, part-time, and temporary employees are covered by this policy. Student employees are also covered. See student employee handbook for additional information. Time-off benefits for union represented employees are addressed in the applicable collective bargaining agreements.

Paid sick leave is accrued over the course of a calendar year, as set forth below. Employees taking paid sick leave are expected to contact their designated supervisor as soon as possible or a minimum of one hour prior to the start of their shift.

Full-Time Non-Union Employees

Full-time employees accrue paid sick leave starting with the first month of regular full-time employment at the rate of one day per month (total of 12 days per year). Paid sick leave can be used in either half day or full day increments and must be recorded on employee timesheets via the online Self-Service Application portal.

Paid sick leave can be utilized for the employee's own mental or physical illness, or injury, or diagnosis, care, treatment, or preventive care for employee's mental or physical illness or injury. In addition, up to fifty-six (56 hours) per calendar year of the employee's accrued paid sick leave may be used for the following:

• Absences related to employee's status as a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking
• A family member's mental or physical illness or injury or diagnosis, care, treatment, or preventive care for a covered family member's mental or physical illness or injury
• Absences related to a family member's status as a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking

Family Member is defined as an employee's child (biological, adopted, step, or foster child, a legal ward, or a child of an employee standing in loco parentis), spouse, domestic partner, parent (biological, foster, step, adoptive, legal guardian, or person who stood in loco parentis when the employee was a minor child), sibling, grandchild, or grandparent, and the child or parent of an employee's spouse or domestic partner.

Unused paid sick leave can be carried over into the next year. Unused paid sick leave is not payable upon termination of employment.

Part-Time and Temporary Non-Union Employees

Part-time and temporary employees will accrue one (1) hour of paid sick leave for every thirty (30) hours worked as submitted on the employee timesheets via the Self-Service Application portal. The minimum amount of paid sick leave that can be used in a day is four (4) hours or the scheduled shift for that day, whichever is less. Employees will be paid their normal rate of pay for any paid leave time, or the applicable minimum wage rate, whichever is greater.

A maximum of fifty-six (56) hours can be earned per calendar year and up to fifty-six (56) hours of paid sick leave may be carried over into the following year, but in no event shall the total paid sick leave to be taken exceed fifty-six (56) hours during any one calendar year. Unused paid sick leave is not payable upon termination of employment. Paid sick leave used must be recorded on employee timesheets on the online portal.

Paid sick leave can be utilized for the following reasons:

• Employee's mental or physical illness, or injury, or diagnosis, care, treatment, or preventive care for employee's mental or physical illness or injury;
• Absences related to employee's status as a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking
• A family member's mental or physical illness or injury or diagnosis, care, treatment, or preventive care for a covered family member's mental or physical illness or injury
• Absences related to a family member's status as a victim of domestic violence, family offense, sexual offense, stalking, or human trafficking

Family Member is defined as an employee's child (biological, adopted, step, or foster child, a legal ward, or a child of an employee standing in loco parentis), spouse, domestic partner, parent (biological, foster, step, adoptive, legal guardian, or person who stood in loco parentis when the employee was a minor child), sibling, grandchild, or grandparent, and the child or parent of an employee's spouse or domestic partner.

Employee Responsibilities

In order for New York Tech to remain in compliance with state and local law, all employees must record their use of paid sick leave via timesheets submitted and approved on a timely basis to ensure balances are up to date.

The efficient operation of New York Tech is predicated upon employees maintaining satisfactory attendance records. Disciplinary action up to and including termination may be instituted for abuse or excessive absenteeism even though the employee has sick time remaining. Indications of abuse may include, but are not limited to, a pattern of: (1) use of unscheduled time on or adjacent to weekends, regularly scheduled days off, holidays, vacation or pay day, (2) taking scheduled time on days when other leave has been denied, and (3) taking time on days when the employee is scheduled to work a shift or perform duties perceived as undesirable.

Extended Absence

Full-time and part-time employees who are absent for reasons outlined in this Paid Sick Leave policy for more than seven consecutive calendar days, are required to contact the Benefits Unit of the Office of Human Resources at hrbenefits@nyit.edu. Where applicable, Benefits Unit personnel have the right to ask you to provide documentation confirming the necessity of your absence.

Retaliation

New York Institute of Technology will not retaliate against an employee in any way for exercising their rights to use paid sick leave.

General Information

Employees will be able to view their paid sick leave time banks on the Employee Self-Service Application portal for hours earned since September 30, 2020.

NOTE: For regular full-time employees, any unused accrued "sick time" earned prior to September 30, 2020 remains available, but will not appear in the Self-Service Application portal.

For additional assistance, please contact:

• Human Resources (questions about the sick leave policy or timesheet instructions): hr@nyit.edu
• Payroll (individual sick time or PSL pay questions for recent time periods): payroll@nyit.edu
• Service Central (issues logging in to the self-service application): servicecentral@nyit.edu

The College encourages you to perform this important civic duty when summoned. If you receive a notice to report for jury duty, you should notify your supervisor immediately with a copy of the summons. It is your responsibility to arrange for any postponement, if eligible. NYIT will continue your regular pay during a period of jury duty for up to 10 working days. If your jury service lasts longer than 10 days, you will not receive pay from NYIT for this additional time but you may keep any court payments you receive. When your jury service is over, you will receive a written release from the court, indicating the days served. You must submit this notice to your supervisor as soon as you return to work.

Regular, full-time employees are eligible for paid bereavement leave. You may take up to five days following the death of an immediate family member, defined for this purpose as a spouse, child, parent, or sibling. You may take up to three days following the death of a grandparent or parent-in-law. Bereavement leave is granted on a per-occurrence basis. Your timesheet for the period should reflect that time was taken for this purpose.

The Family and Medical Leave Act (FMLA) of 1993 establishes guidelines for the mandatory granting of leave of absences from work for specific qualifying reasons, and NYIT follows these federal guidelines. To be eligible for a leave under FMLA, you must be a regular, full-time employee for a minimum of 12 months and have worked at least 1,250 hours during the previous 12-month period. Your eligibility is calculated based on the date your leave begins. NYIT calculates eligibility for FMLA by using a rolling 12-month period measured backwards from the date that the FMLA would begin. NYIT provides a maximum of 12 weeks of unpaid leave per 12-month period for the following situations:

• Childbirth and/or care for a newborn (within the first 12 months of birth).
• Child care needs resulting from an adoption or foster care arrangement (within the first 12 months of the adoption or arrangement).
• Care for a spouse, child, or parent who has a serious health condition.
• The eligible employee's inability to perform essential job functions due to a serious health condition.

For this purpose, a serious health condition is one that involves inpatient care in a hospital, hospice, or residential medical facility, or that requires continuing treatment by a healthcare provider. You are required to provide the benefits unit of the Office of Human Resources with certification from the healthcare provider that you are needed to care for the family member, as well as an estimate of the leave time needed. In the case of your own illness, you must provide documentation from your healthcare provider stating that you are unable to perform the essential functions of your job as a result of the condition. Any leave you take to care for a newborn, adopted, or foster child as described above must be taken all at once. If you take leave to care for a family member or for your own illness as described above, you may take the time on an intermittent or reduced-time basis, but only if the medical condition necessitates this type of schedule.

Eligible employees as outlined above are eligible to apply for up to 12 weeks of leave due to any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. Eligible employees who are the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of active duty are eligible to apply for up to 26 weeks of leave in a single 12-month period to care for the service member.

This military caregiver leave is available during a "single 12-month period" during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.

You may use any accrued paid leave time (vacation or personal in the case of the employee's own illness) to provide you with pay during all or part of the 12-week leave period. Sick time is required to be used for an absence related to an employee’s own illness. You must file a written request with the Office of Human Resources in order to receive such pay during your period of absence. If your leave is due to pregnancy, childbirth or personal illness, you are required to file a claim for Short-term Disability benefits, even if you are planning to use accrued paid leave time during the period of absence. In the case of leave for pregnancy, childbirth, and personal illness, the 12 weeks includes the disability period and, if applicable, the leave period for newborn care.

You are required to contact the benefits unit of the Office of Human Resources to request the required paperwork to apply for leave under FMLA. You will be required to complete a Request for a Family Medical Leave and a Certification of Healthcare Provider form within 15 calendar days from when the forms are sent to you. You will then receive an Employer Response form, which will outline if you are eligible for the leave, what the requirements are for periodic updates, and that you must contact the benefits unit a minimum of two weeks prior to the end of the leave to confirm the date you are scheduled to return to work and provide appropriate documentation.

Under the Family and Medical Leave Act, NYIT is required to return you to your previous position, or to an equivalent position, when your leave period ends. If you do not return to work immediately upon the expiration of your leave, as agreed upon at the beginning of the period of absence, NYIT will be unable to hold your position open. NYIT will continue to provide your benefits in effect prior to the leave (i.e., medical, dental, life insurance, and long-term disability) for the duration of any leave to which you are entitled under the FMLA.

In the case of your own illness, NYIT may grant at its discretion a medical leave longer than required by the FMLA, up to six months from the original date your leave begins, subject to continued medical certification of disability. NYIT will continue to provide your benefits throughout the leave period (up to six months), but there will be no guaranteed reinstatement past the period required by the FMLA. If you do not return to work prior to six months from the original date of your leave, your employment will end and your record will reflect that you voluntarily resigned your position.

A leave under FMLA will run concurrently with Paid Family Leave, if eligible. For information on FMLA and Paid Family Leave, please see the following links:

• U.S. Department of Labor
• New York State Paid Family Leave

If your leave is unpaid, pre-tax flexible spending contributions, health savings account contributions (for those enrolled in the High Deductible Health plan), waiver bonus payments, and retirement plan contributions will not continue (including NYIT's contribution). If you use vacation/personal/sick time during your leave, the flexible spending, health savings account contributions (for those enrolled in the High Deductible Health plan), waiver bonus payments, and retirement plan contributions will continue while you are being paid by NYIT. Sick time and vacation time accruals do not continue during your leave.

A copy of the Family and Medical Leave Act is on file with the Office of Human Resources and is available for your review.

A regular, full-time employee may request a personal leave of absence (not related to the Family and Medical Leave Act) of up to 60 days. You are eligible to apply for this type of leave after one year of service. The leave may be unpaid or you may use accrued vacation time to provide you with pay for all or part of the leave period (accrued sick time cannot be used during a personal leave.) During a personal leave of absence, the College will continue to provide your benefits in effect prior to the leave (i.e., medical, dental, life insurance, and long-term disability). If your leave is unpaid, pre-tax flexible spending contributions, health savings account (HSA) contributions (for those enrolled in the high deductible plan), waiver bonus payments, and retirement plan contributions will not continue (including NYIT's contribution). If you use vacation time during your leave, pre-tax flexible spending contributions, health savings account (HSA) contributions (for those enrolled in the high deductible health plan), waiver bonus payments, and retirement plan contributions will continue while you are being paid by NYIT. Sick time and vacation time accruals do not continue during your leave (see information regarding a leave of absence under the Family and Medical Leave Act).

You must make a written request for a personal leave of absence to your supervisor. The request must be approved by your supervisor and the relevant vice president. Once approved, forward a copy to the benefits unit of the Office of Human Resources. This request must state the reason for the leave and the dates for which the leave is requested. NYIT reserves the right to require written substantiation of the conditions prompting the leave. During a personal leave of absence, an employee may not work elsewhere or accept a position outside of NYIT. This action would result in cancellation of your leave and could affect your continued employment with NYIT.

At the conclusion of an approved personal leave of absence, NYIT will attempt to reinstate you to your previous position, or to an equivalent one. If a position is not available at the end of your leave, your employment with NYIT will end. In addition, if you do not return to work immediately upon the end of your leave period, as previously agreed upon, your employment will end and your record will reflect that you voluntarily resigned your position.

NYIT provides unpaid leave time to regular employees who are called to National Guard or Reserve duty in accordance with all applicable state or federal laws. If you are called to National Guard or Reserve duty, you should provide a copy of the duty assignment to your supervisor immediately upon receipt. Excluding inactive weekend drill or annual training, upon completion of National Guard or Reserve duty, employees must apply for reinstatement in accordance with applicable state or federal laws in order to be reinstated with full seniority rights for the military time served.

The College offers all regular, full-time employees with a comprehensive benefits program. In addition to paid and unpaid leave time, some of the other benefits include:

• Medical Insurance
• Dental Insurance
• Waiver of Medical Benefits Bonus
• Flexible Spending Accounts
• Life Insurance
• Voluntary Life, Accident, Critical Illness, and Hospital Indemnity Insurance
• Short-Term Disability Insurance
• Long-Term Disability Insurance
• Travel Accident Insurance
• Worker's Compensation
• 403(b) Retirement Savings Plan
• Group Supplemental 403(b) Retirement Savings Plan
• Tuition Remission
• Tuition Exchange
• Service and Appreciation Awards

These benefits are subject to termination or modification by New York Tech at any time, without notice. The inclusion of a benefit on this list does not assure that it will be available to you for the duration of your employment.

All regular, full-time employees and their eligible dependents may choose to be covered under a medical insurance program. Your medical insurance coverage becomes active on the first day of the month following 30 days of employment. Eligible dependents may include your spouse and children up to age 26, regardless of student or marital status, residence with the employee, or financial dependence on the employee. Certain other employees who meet the definition of full-time under the provisions of the Affordable Care Act and their eligible dependents can also choose to be covered under a medical insurance program. Eligible dependents under the Affordable Care Act only include children up to age 26, regardless of student or marital status, residence with the employee, or financial dependence on the employee.

At the time of hire, eligible employees will be required to complete the necessary enrollment information in order to be covered. Information regarding plan benefits, provider directories, claim forms, or any other information concerning medical insurance is available on the UnitedHealthcare website for participants. Additional information is available by contacting the Office of Human Resources-Benefits Unit.

All regular, full-time employees and their eligible dependents may choose to be covered under a dental insurance program. Your dental insurance coverage becomes active on the first day of the month following 30 days of your employment. Eligible dependents may include your spouse and unmarried children up to age 26 who are dependent on you for financial support. Information regarding plan benefits, provider directories, and claim forms are available on the MetLife website for participants.

The College offers a waiver bonus program for all regular, full-time employees who would otherwise be eligible for the medical plan, but who instead have coverage under another group insurance program. In order to decline coverage through New York Tech, you must provide proof of other insurance.

You are eligible for the waiver bonus on the first day of the month following 30 days of employment, and the bonus will be prorated for the remainder of your first year. If you are covered under NYIT's medical plan and acquire coverage from another source (for example, you marry and choose coverage under your spouse's plan), you may waive NYIT's coverage; you will begin receiving waiver bonuses at that time. Waiver bonuses are paid on a semi-monthly basis and are taxable.

Healthcare

The Healthcare Flexible Spending Account (FSA) program allows regular, full-time employees the opportunity to use pre-tax dollars to pay for certain un-reimbursed medical and dental expenses, certain over-the-counter items, and vision and hearing expenses. You are eligible to participate in the FSA on the first day of the month following 30 days of employment. The Healthcare FSA is not available to participants in the High Deductible Health Plan/HSA Programs.

To participate in the Healthcare FSA, select a specific dollar amount to be deducted on a pre-tax basis (based on maximums set by the IRS) from each paycheck and deposited into your Healthcare FSA. You must enroll in the FSA during the annual enrollment period (new employees may enroll at the time of their employment). You may not change your payroll deduction until the next annual enrollment period, unless there is a life event change including loss or gain of other coverage, marriage, birth or adoption of a child, divorce, or death of a spouse or child. Additional eligible life event changes include termination, commencement or a change of employment between full-time or part-time status by you or your spouse, child, or eligible dependent; an unpaid leave of absence taken by you or your spouse; your spouse's enrollment as a full-time student; or other events as determined by the IRS. Any funds remaining in your FSA at the end of a calendar year may be forfeited, so you should choose your payroll deduction amount carefully. You must re-enroll for FSA coverage during each annual enrollment period; the payroll deductions are not automatically carried over. For additional information pertaining to life event changes, contact hrbenefits@nyit.edu.

Dependent Care

The Dependent Care Flexible Spending Account (FSA) program allows regular, full-time employees the opportunity to use pre-tax dollars to pay for certain child care and adult care expenses incurred to allow you and your spouse to work. The Dependent Care FSA is available to participants in the High Deductible Health Plan/HSA Programs. You are eligible to participate in the FSA on the first day of the month following 30 days of employment. To participate in the Dependent Care FSA, you select a specific dollar amount to be deducted on a pre-tax basis (based on maximums set by the IRS) from each paycheck and deposited into your FSA. You must enroll in the FSA during the annual enrollment period (new employees may enroll at the time of their employment).

You may not change your payroll deduction until the next annual enrollment period, unless there is a life event change as outlined in the above section regarding the healthcare account. Any funds remaining in your Dependent Care FSA at the end of the calendar year will be forfeited, so you should choose your payroll deduction amount carefully. You must re-enroll for FSA coverage during each annual enrollment period; the payroll deductions are not automatically carried over.

All regular, full-time employees receive life insurance through New York Institute of Technology at no cost. Your life insurance coverage becomes active on the first day of the month coinciding with, or after you begin, full-time employment.

New hires will automatically be enrolled in this program; however, an enrollment form should be completed by all employees to designate beneficiaries. In the case of death or dismemberment due to an accident, the value of the insurance benefit doubles. In accordance with IRS regulations, the cost of employer-provided life insurance valued in excess of $50,000 is considered a taxable fringe benefit and is considered part of your taxable income for the calendar year.

Voluntary Life Insurance

All regular, full-time employees can apply for additional Life and Accidental Death & Dismemberment (AD&D) insurance for themselves, spouse, and/or children up to age 25. Please contact hrbenefits@nyit.edu for additional information.

Employees are required to apply for short-term disability benefits if they become medically disabled and are unable to work for more than seven consecutive calendar days due to a non-work related illness or injury (including maternity). The Office of Human Resources will assist you in filling out and processing the necessary forms.

If your claim is approved by NYIT's insurance carrier, you will receive payments effective the eighth calendar day of your absence; the first seven days are considered a waiting period. The weekly short-term disability benefit is equal to 50 percent of your weekly base salary, up to a maximum of $170 per week, payable for up to 26 weeks per 52-week period. You must use any accrued sick time during a sick leave. If you are being paid your full salary during a short-term disability period by using accrued sick time, NYIT will receive your disability payments from the insurance carrier. If you do not have sufficient accrued sick time to cover your disability period, you will receive the benefit payments directly from the insurance carrier.

The physician who completes your disability insurance claim form is required to indicate your expected date of return to work. At the time you are ready to return to work, your physician is required to provide appropriate documentation.

All regular, full-time employees are eligible for coverage under New York Tech's long-term disability program, effective on the first day of the month following the one-year anniversary of your employment. A new employee may be eligible for long-term disability benefits immediately if his or her most recent previous employer provided this coverage to him or her under an employer-sponsored long-term disability insurance plan. Written proof of this prior eligibility must be provided for consideration. Long-term disability insurance benefits are available for eligible employees who are disabled for six months and who satisfy the insurance carrier's disability determination.

NYIT provides travel accident insurance for full-time employees who travel on NYIT business. Details can be obtained from the benefits unit of the Office of Human Resources.

All NYIT employees are covered by worker's compensation for illness, injury, or death arising out of and in the course of employment. If you become ill or injured on the job and the illness or injury results in an absence from work in excess of seven calendar days, worker's compensation may provide weekly benefits. Medical expenses resulting from an on-the-job illness or injury may also be covered. It is imperative that you report any on-the-job illnesses or injuries to the Office of Human Resources within three days of the incident. Failure to do so may result in the forfeiture of worker's compensation benefits. The Office of Human Resources is responsible for filing the worker's compensation claim on your behalf.

Pursuant to the Summary Plan Description (SPD), eligible employees may choose to participate in a 403(b) retirement savings plan through Teachers Insurance and Annuity Association (TIAA). Eligible employees may join this program immediately upon their employment and may contribute a percentage of their base salary on a pre-tax basis.

Commencing on the first of the month following one year of employment, you are eligible to receive an employer matching contribution, provided that you contribute a minimum of three percent of your annual base salary on a pre-tax basis. If you have a year of full-time service with any institution of higher education, research organization, or teaching hospital immediately preceding your employment at New York Tech, this will be counted as satisfying the one-year service requirement. Please contact the Human Resources-Benefits Unit for information that must be provided regarding prior eligible employment.

NYIT will contribute seven percent of your base salary into your account during the first seven years of employment if you contribute at least the minimum percentage. NYIT will contribute one additional percent for each year of your service after you have completed seven years of continuous full-time employment, up to a maximum of ten percent. All employee contributions are processed as payroll deductions on a pre-tax basis, thereby reducing your taxable income. The plan includes a loan feature that permits you to borrow money against your accumulated savings based on the maximum allowable by TIAA. In addition, employees age 59½ and over may take a withdrawal from their accumulated savings, to the extent permitted by law; however, you will be required to pay taxes on the amount withdrawn.

You may obtain additional details and enrollment materials from the benefits unit of the Office of Human Resources.

All regular full-time and part-time employees and adjunct faculty members may choose to participate in a Group Supplemental 403(b) retirement savings plan through TIAA. You may join this program immediately upon your employment and may contribute a percentage of your base salary on a pre-tax basis. There is no employer contribution to the supplemental plan. In addition, the supplemental plan includes a loan feature that permits you to borrow money against your accumulated retirement savings. You may obtain additional details and enrollment materials from the Office of Human Resources.

Eligibility
All regular, full-time United States-based employees are eligible for tuition remission for courses taken at New York Institute of Technology that begin on or after their date of full-time hire.

In addition, children under age 26 and spouses are eligible for tuition remission one year after the employee's commencement of employment. New York Tech will require proof of relationship via documents such as birth certificate, marriage license, or tax documents.

Employees' children who participate in the Tuition Exchange Program are not eligible for tuition remission.

Covered Coursework
Employee coursework may not exceed two classes or six credits per term, whichever is higher (fall, spring, summer) for a total of 18 credits per academic year. In the final term prior to receiving a degree, a one-time request may be made for permission to take up to three classes or nine credits, whichever is higher. Coursework must not interfere with regular duties, and the employee shall not take courses during scheduled hours of work.

Spouse or eligible children may take coursework leading to a single New York Tech degree, either undergraduate or graduate. Undergraduate coursework may not exceed 18 credits per term, and for graduate, nine credits per term. If the spouse or eligible children enroll in an included dual degree program, only the undergraduate coursework is covered for Tuition Remission.

Tuition remission does not cover: non-credit bearing courses not required as part of a degree program, extended education courses, pre-college programs, certificate programs (including credit-bearing programs), courses taken at other institutions (including study abroad), exclusively online programs, and programs at New York Tech's campuses outside the United States. Tuition remission also does not cover any doctoral program, any program in the College of Osteopathic Medicine (COM), and any program in the School of Health Professions (SHP) except the B.S. in Health Sciences and the B.S. in Health & Wellness. Dual degree programs which include a degree in either the COM or SHP are also excluded.

Notwithstanding the above provisions regarding Covered Coursework, any student already granted tuition remission and enrolled in a program prior to Summer 2020 may complete that program in accordance with the policy in effect at the time they were first enrolled.

Continued Eligibility
All tuition remission recipients must meet current academic standards (Satisfactory Academic Progress, as defined in the New York Tech Catalog) in order to continue to receive tuition remission.

If an employee's employment with New York Tech ends, the employee and/or any spouse or child receiving tuition remission may finish that academic term, but is not eligible for tuition remission for subsequent terms.

Amounts Covered
Tuition remission covers 100% of tuition, but does not cover fees, including lab fees, books, and other costs associated with attending classes.

Students who are potentially eligible for government financial aid are required to complete a FAFSA application, and to file with New York State for a TAP award. Tuition remission will be reduced by the amount of any government financial aid. Students receiving tuition remission will be eligible for institutional scholarships. Institutional scholarships will be applied before any tuition remission benefit.

Taxes
The IRS limits the tax benefits for tuition remission. Tuition remission for job-related courses for the employee may be a non-taxable business expense. However, for non-job-related employee coursework, while tuition remission for undergraduate programs is not taxable, tuition remission for graduate programs is a taxable fringe benefit in excess of the limit established by IRS regulations on a calendar year basis (currently $5,250).

HR, upon review of all information and in conjunction with Finance, determines if Tuition Remission benefit will be considered taxable income. Tuition Remission is not in effect until final approval by Human Resources.

For the employee's spouse and children, tuition remission for undergraduate programs is not taxable for the spouse and for any children who meet IRS dependent eligibility (generally under age 24). New York Tech will require proof of dependent eligibility via tax documents. However, for children who are not tax dependents, and for graduate programs for any spouse or children, the entire amount is taxable.

For any taxable tuition remission amounts for either the employee or the employee's spouse or children, New York Tech may at its discretion either withhold the required amounts from the employee's paychecks, or may deduct the applicable tax amounts from the tuition remission grant, in which case the student will receive a bill for the balance of tuition due.

How to Apply
Employees can apply for tuition remission for themselves or their spouse or eligible children by filling out the Tuition Remission Application form and submitting it using this online form (sign in required). If you are submitting an application for more than one dependent, you can submit each one separately. All applications for tuition remission must be submitted for approval by the following dates:

• Fall: August 20
• Spring: January 10
• All Summer Sessions: May 1

If you have questions regarding financial aid programs, please contact the Office of Financial Aid. If you have any questions regarding eligibility for tuition remission, please contact the benefits unit of the Office of Human Resources at hrbenefits@nyit.edu.

The Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 establishes guidelines under which NYIT offers an opportunity to continue medical, dental, vision coverage, and healthcare flexible spending account, at a specific cost, to terminating employees and, in certain cases, their eligible dependents for a set period of time.

If you leave your employment via either resignation or termination (except in cases of gross misconduct), or if your coverage terminates due to a reduction in hours, and you are covered by NYIT's group medical and/or dental plans, you may choose to continue your coverage under COBRA. If you participated in the Healthcare Flexible Spending Account plan only (the Dependent Care Flexible Spending Account is not eligible for continuation under COBRA), you may elect to continue this plan for the remainder of the plan year under COBRA on an after-tax basis. Your spouse and dependent children may also elect to continue coverage under COBRA if you lose your coverage as a result of resignation, termination, or reduction in hours (as outlined above). Other conditions under which your spouse or children may continue coverage include your death, a divorce, your eligibility for Medicare, and a dependent child ceasing to be covered under the plan. Benefits coverage under COBRA may be extended for a maximum of either 18 or 36 months, depending on the conditions under which regular coverage ended. For more specific information and rates, please contact the benefits unit of the Office of Human Resources.

Employees who leave their employment after 15 years of continuous full-time service and at an age making them eligible for Medicare (defined as "Retirees") are eligible for certain retirement benefits, as described below.

Tuition Remission

Retirees (as defined above) are eligible for tuition remission, in accordance with the policies set forth above, except that retirees may attend classes full-time.

Retirement Bonus

Retirees (as defined above) who are non-professional administrative staff are entitled to a retirement bonus of $100 for every full year of service up to a maximum of $2,000.

Unused Sick Time

Retirees (as defined above) who have twenty or more years of continuous full-time service will be paid for 1/2 of their accrued unused sick leave, up to a maximum of 45 days.

Medical Plan Subsidy

Retirees (as defined above) who were hired prior to September 1, 2013, are entitled to reimbursement for the cost of a Medicare Supplement medical plan, Medicare Part D prescription drug plan, and/or other medical insurance for a period of up to ten (10) years from the date of retirement, with a maximum payment of $3,000 per year ($250 per month). This subsidy is available to purchase a program for the retiree as well as spouses and/or eligible dependents.

If you should die while actively employed by NYIT, medical, vision, and dental insurance coverage for your spouse and children (children are eligible until they reach age 26) covered by the plan(s) at the time of your death will be continued for a six-month period following your death. This first six months of COBRA coverage, which will be provided at no cost, will end on the last day of the month of the six-month anniversary of your death. At the conclusion of this six-month period, your spouse and children under age 26 will be offered the option to continue COBRA benefits at their expense.

NYIT participates in the Tuition Exchange program, which provides the opportunity for dependents of eligible employees to apply for tuition exchange scholarships at other participating colleges and universities. Scholarships are provided for undergraduate, bachelor's degree programs only. Eligible employees are considered regular, full-time employees who have completed at two years of continuous service at New York Tech prior to September 1 of the initial scholarship year. The number of scholarships available to dependents of NYIT employees will vary each year. For additional information regarding this program, please refer to Tuition Exchange Guidelines for Employees.

Longevity bonuses recognize the long-term commitment, contribution, and dedication of support staff that complete 10, 15, or 20 years of full-time continuous service. Excluded are professional employees and/or employees who are in a supervisory position. These bonuses are awarded once a year to eligible employees who have completed one of these service anniversaries during that calendar year. Eligible employees who have completed 10 or 15 years of full-time continuous service will receive a $500 bonus; eligible employees who have completed 20 years of full-time continuous service will receive a $1,000 bonus. All awards are subject to normal tax withholding. For the purposes of the longevity bonus, service must be continuous. If you have any questions about how your years of service are being calculated, please contact the Office of Human Resources.

NYIT's policy is to reimburse employees for necessary, reasonable and authorized travel and entertainment expenses incurred for approved NYIT business, subject to applicable tax laws. This policy applies to all travel and entertainment by NYIT employees, provided that expenses incurred in connection with grants or sponsored projects will be governed by the terms of the applicable award where inconsistent with this policy.

Off-Campus Meetings

Travel to off-campus meetings in the New York metropolitan area for NYIT business will be reimbursed, provided that employees are expected to use the most economical mode of transportation available. If the employee uses his or her personal automobile, the cost of the trip will be determined using the IRS Standard Mileage Rate allowance plus tolls and parking. Where it is more economical, the employee is expected to use public transportation. For off-campus meetings in Manhattan, employees are expected to use bus or subway rather than taxis whenever reasonably possible.

• Commutation from the employee's home to the office is not reimbursable.

Travel Between Campuses

NYIT will reimburse employees for travel expenses incurred in connection with authorized, business-related travel between the employee's home or principal campus and another NYIT campus, provided that there will be no reimbursement for vice presidents, deans, and other employees who are expected to work regularly at more than one campus. Employees will be expected to use the most economical transportation available.

• For travel by public transportation, NYIT will reimburse the employee for basic public transportation where available, i.e. railroad, subway and bus. Taxi and car service expenses will only be reimbursed if no public transportation is available.
• For travel by automobile (only reimbursable if the cost is less than the cost of public transportation), the cost of the trip will be determined using the IRS Standard Mileage Rate allowance plus tolls and parking. For this calculation, the approved one-way distances between the New York campuses are:
  • Old Westbury to/from Central Islip: 26 miles
  • Old Westbury to/from Manhattan: 27 miles
  • Central Islip to/from Manhattan: 48 miles
  If traveling from home, only the miles in excess of your normal commute will be reimbursed. Parking discounts are available at garages near the Manhattan campus; the maximum parking reimbursement is $16.

Meals with non-NYIT individuals will be reimbursed if they are necessary and customary for the purpose of furthering NYIT business, either in connection with a meeting or to provide hospitality. Expenses for such meals should be kept to a reasonable level and not be lavish or extravagant. The names, titles, and affiliations of those in attendance at the function must be indicated on the employee's expense report along with the statement of business purpose. In addition, a detailed restaurant invoice must accompany the expense report.

In cases where NYIT employees meet over a meal when they are not traveling, the cost of the meal is not reimbursable unless there is a clear and compelling business reason to meet over a meal. Generally, this requirement is met when it is not possible for the employees to meet during other working hours, and the purpose of the meeting is to conduct business in accordance with a formal agenda. Such business meals should be infrequent and should generally be served at the meeting site. IRS regulations do not allow for the reimbursement of meal charges incurred by employees who are not traveling away from home (i.e., their travel does not require an overnight stay) unless the above criterion is met and there is a clear benefit to the institution.

Alcoholic beverages consumed during business meals involving only faculty or staff will not be reimbursed. However, entertainment and business meetings conducted by senior administration (president, vice presidents, and deans) may include alcoholic beverages as long as a business purpose is provided. Reimbursement of alcoholic beverages may be allowed in conjunction with official NYIT business entertainment and hospitality for non-NYIT individuals.

Expenses associated with seasonal gatherings, birthday/wedding/baby celebrations, sympathy, illness, employee departures and social gatherings are considered to be personal in nature and will not be reimbursed or paid utilizing NYIT funds. NYIT funds may also not be used for gifts or for making donations to any outside agency/institution or other group.

Travel outside of the New York metropolitan area ("non-local travel") by the president's direct reports must be authorized by the president. For other staff employees, non-local travel must be authorized by the responsible vice president. For faculty and administrators working within a school or program, 1) non-local domestic travel must be authorized by the dean, and 2) international travel must be authorized by both the dean and the vice president of academic affairs. All authorizations must be in writing.

Advances are available for business travel when they are properly approved and requested in a reasonable time frame (no more than 45 days), prior to the commencement of travel. Advances should be requested only when absolutely necessary and must be settled prior to obtaining a new advance. Travel advances cannot exceed the estimated reimbursable cost of the trip. Travel advances must be requested and approved via the Request for Travel Advance form (found on the NYIT Self Services Portal, login required). Upon approval, the approver's office enters a travel advance requisition into the Oracle financial system. Additionally, a copy of the Request for Travel Advance form must accompany the expense report for the trip.

Advances must be settled within 30 days of completion of the trip (i.e., expense report for the trip must be completed with the travel advance being deducted from the total expenses). If actual costs exceed the advance, the traveler will be issued a check for the difference. If the actual costs are less than the advance, the traveler will remit the difference, by check, to NYIT along with the completed travel voucher. The Internal Revenue Service requires that travel expenses for which an advance has been received or which has been directly paid for by the employer must be substantiated within a reasonable timeframe after the expenses are incurred. If an advance is not settled within a reasonable time after the completion of the trip, the amount will be included on the employee's W-2 form and be treated as compensation, thus increasing the employee's taxable income.

General Rules

Employees are expected to use the most economical mode of transportation available, consistent with the authorized purpose and business practicalities of the trip. Employees are strongly encouraged to make travel arrangements at the earliest possible date, in order to achieve the lowest possible cost. Rental or employee-owned vehicles and taxis should be used only if other means of transportation are unavailable, more costly, impractical, or if the time saved is advantageous to conducting business.

Employees are encouraged to combine NYIT travel with other business so that travel expenses can be shared with other organizations and are responsible for seeking reimbursement for expenses payable by others. In no case may the reimbursement to the employee from all sources exceed the total expenses incurred.

All business travel arrangements involving air, hotel, or car rental reservations should be made through NYIT's preferred vendors, and preferably billed directly to NYIT's procurement department by the travel agency or vendor. If a vendor other than a preferred vendor is used, or if the employee pays for his or her fare directly, then the employee is responsible for submitting evidence that the rates received were comparable, or lowest available.

Air Travel

Coach/economy class accommodations must be used for all flights, except where business class is authorized by the president or the responsible vice president. Purchase of full-fare economy tickets for purposes of upgrading to a higher class when cheaper tickets are available is not permitted. Exchanging tickets, downgrading classes, or making other arrangements with an NYIT-provided airline ticket for personal benefit is prohibited. Reward program benefits offered by airlines are the property of the employee, and may be used by the employee for his or her own personal use.

All unused tickets must be returned as soon as possible to the procurement department. Reimbursement for any "out-of-pocket" add-on-fees, due to justified flight changes made by the employee, requires a receipt and all related documentation. If a penalty occurs because it is necessary to change the ticket due to the employee's work schedule, the employee may be reimbursed for the penalty.

If travel is to be paid for by a U.S. government grant or contract, U.S. flag air carriers should be used to the maximum extent possible. This requirement should not be influenced by factors of cost, convenience, or personal travel preference.

Rail/Bus

Reimbursement for rail or bus may not exceed the total reimbursable cost of air transportation for a similar trip.

Private Automobile

NYIT will pay the current Internal Revenue Service rate-per-mile for business travel by private automobile, based on the actual driving distance by the most direct route. The standard mileage allowance is in lieu of all actual automobile expenses such as fuel and lubrication, towing charges, physical damage to the vehicle, repairs, tires, depreciation, insurance etc.

Tolls and parking fees incurred in the course of business travel will also be reimbursed. No reimbursement will be made for traffic fines, parking tickets, or for damages incurred to an employee's car. When using a personal vehicle for business purposes, the employee is responsible for carrying adequate liability insurance, including not less than $100,000/$300,000 bodily injury and $25,000 property damage.

When use of a personal automobile has been authorized and is used in travel for which air is generally most appropriate, reimbursement may not exceed the allowable cost that would have been incurred had travel been by air. Because private automobile reimbursement is to reimburse the owner for use of the car, mileage and related expenses are payable to only one of the two or more persons traveling together in the same vehicle.

Auto Rental

If NYIT business requires an employee to travel more than 15 miles in a city outside the New York metropolitan area, other than the one in which he/she lives, a rental car may be authorized. Compact-size cars are the standard level of vehicle to be rented. Tolls and parking fees incurred in the course of business travel will also be reimbursed. No reimbursement will be made for traffic fines or parking tickets incurred.

Each user of a rental car should inspect it for signs of physical damage before accepting the vehicle. Any damage incurred to a rented vehicle should be reported to the car rental agency immediately. For insurance purposes, employees are requested to include NYIT as an additional insured party on car rental agreements. Since NYIT's insurance policy provides coverage in excess of the rental agencies', travelers should not buy and will not be reimbursed for extra insurance from a car rental agency (such as "buy-back" deductible for comprehensive and collision), except when the individual is traveling to foreign countries where it is mandatory. All coverage mandated by the foreign country/locality must be purchased and must be equal to $10,000. If the mandatory coverage is a minimum of $5,000, the individual must purchase an additional $5,000 so that the total is $10,000.

Taxis

Reimbursement for taxis will be provided where an auto rental is not practical or economical.

Employees are expected to stay at middle-market hotels, subject to the region in which they are traveling and the discretion of the president or responsible vice president. Guaranteed charges will be reimbursed if emergency travel circumstances require cancellation of hotel reservations after the stipulated time. An employee traveling under 150 miles round trip from his/her home within one day is not authorized to stay overnight in a hotel, unless the employee feels incapable of driving. Lodging expenses must be submitted on the original itemized statement furnished by the hotel, including the final settlement. If lodging expenses are paid by the employee online, then documentation from the hotel detailing the lodging expenses and the amount charged to the employee's credit card must be submitted with the expense report. Credit card statements and/or receipts will not be accepted as justification for reimbursement.

Actual costs of necessary business telephone calls, faxes, and Internet charges are allowable. Telephone costs must be itemized by business purpose and name of person called. Excessive telephone expenses will be considered an employee's personal expense. Due to the cost charged by hotels for telephone calls, it is recommended that employees use a calling card or a cell phone when making all telephone calls. Employees traveling internationally should consult with IT about obtaining a loaner cell phone with international service.

NYIT will reimburse the reasonable cost of meals for overnight travel. Receipts must be submitted.

Meals with non-NYIT individuals while traveling will be reimbursed if they are necessary and customary for the purpose of furthering NYIT business, either in connection with a meeting or to provide hospitality. Expenses for such meals should be kept to a reasonable level and not be lavish or extravagant. The names, titles, and affiliations of those in attendance must be indicated on the expense report along with the statement of business purpose, and a detailed restaurant invoice must be attached.

Whether dining alone or with others, meal expenses must be kept to a reasonable level. If the employee has any question about whether an expense will be deemed reasonable, the employee should seek pre-approval from the supervisor who signs the employee's expense reports.

Alcoholic beverages consumed during meals involving only faculty or staff will not be reimbursed. However, entertainment and business meetings conducted by senior administration (president, vice presidents, and deans) may include alcoholic beverages as long as a business purpose is provided. Reimbursement of alcoholic beverages may be allowed in conjunction with official NYIT business entertainment and hospitality for non-NYIT individuals.

Miscellaneous business-related travel expenses (e.g. local transportation, customary gratuities, landing taxes, charges relating to purchase, or surrender of foreign exchange etc.), accompanied by proper documentation, will be reimbursed to the employee. Dry cleaning and/or laundry expenses will be reimbursed for business trips in excess of four business days with the submission of proper documentation. In general, miscellaneous personal costs incurred during business travel are not reimbursable. This includes sporting, cultural, leisure, and other such pursuits or activities.

When the travel expenses are related to attendance at conferences or seminars, a copy of the program brochure must be attached to the expense report. The program must identify the dates of the conference as well as the details on what the conference fee covers. If the fee was paid previously through accounts payable, indicate the purchase order number on the conference program. If a copy of the program is unavailable, attach a detailed description of the conference, including the dates, the name and address of the organization that sponsors the conference, the location, and details of what the conference fee entitled the attendee to receive.

If, for reasons other than NYIT business, an indirect route is traveled or travel by a direct route is interrupted, reimbursement for airfare will be at either the actual charge or the charge that would have been incurred by traveling the direct route by the most economical means, whichever is less. The personal portion of the cost of a rental car must be subtracted from the total rental bill before the bill is submitted for reimbursement. The personal portion is defined as the difference between the actual cost and the cost that would have been incurred had the car been rented only for business purposes.

In general, the expenses of an employee's spouse, family or others accompanying the business traveler are not reimbursable. Internal Revenue Service regulations state that when a spouse or other person attends a meeting or conference and has no significant role or performs only incidental duties of a clerical, secretarial or medical nature, the attendance does not constitute a business purpose.

The Travel and Entertainment Expense Report form is available online at on the Human Resources Self Service Portal (login required). The employee who incurred the expenses must sign and submit the expense report to his/her approver within 30 days of the date the expenses were incurred.

Expenses incurred by the president and by any members of the Board of Trustees are reviewed and approved by the internal audit director. In all other cases, the expense report must be reviewed and approved as follows: (1) by the president, where the expense is incurred by an employee who reports directly to the president; (2) by the responsible vice president, where the expense is incurred by an employee who works in a department other than academic affairs or medical affairs and global health; (3) by the responsible Dean, where the expense is incurred by a faculty member or administrator working within a school or program; and (4) by the responsible vice president for academic affairs or medical affairs and global health, where the expense is incurred by a dean, or other employee who reports directly to that vice president.

Properly completed and approved expense reports for trips to an NYIT campus or site abroad must be submitted to the Global Academic Programs located in Tower House, Long Island campus.

Properly completed and approved expense reports for trips to other locations abroad or within the United States, must be submitted to the Office of Financial Planning located in Gerry House, Long Island campus.

The budget manager must receive the expense reports within 60 days of the date the expenses were incurred. For reports submitted more than 60 days after the end of the trip on which the expenses are incurred, documentation of the reason for the delay must be provided. Reimbursement on late reports will be subject to the availability of funds and the department responsible for funding the expenses will have the discretion of denying reimbursement. Under no circumstances will NYIT reimburse an employee for expenses whose associated expense report and related documentation are not received by the budget manager within 90 days of the date the expenses were incurred. Individuals must sign their own names on expense reports; they cannot have others sign for them. No employee may approve expenses for himself/herself, or for an individual to whom he or she reports. The employee is responsible for the accuracy and completeness of the expense report, and for providing all necessary supporting receipts.

All required documentation must be submitted to the budget manager before reimbursement can be processed. Dated, original, unaltered receipts or invoices for expenses must be submitted as back-up to a properly completed expense report. Receipts should be attached to an 8.5 × 11 sheet of paper and sorted in day order. Credit card payment forms are not considered to be itemized receipts for meals, transportation tickets, lodging, and car rental. Where expenses are being shared with external organizations, a duplicate copy of the receipts will suffice if a detailed explanation of who is paying the balance of the expenses is provided. In all other cases, the following original documentation is required: all pertinent invoices; passenger copies of air, rail, and non-local bus tickets (receipts for subways and local bus transportation are not required); car rental agreements or invoices, adjusted to deduct expenses for the personal use of the vehicle and any non-reimbursable insurance; lodging bills detailing all charges; a copy of the conference announcement that details the registration fee and what the fee includes; and original receipts or invoices for other expenses.

Expenses incurred in a foreign currency must be converted to U.S. dollars for reimbursement. The following additional information is required for each receipt: date of payment; description of expense (hotel, airfare, toll, etc.); amount in the foreign currency and the U.S. dollar equivalent amount; rate of exchange and source of rate of exchange (i.e., www.xe.com).

In the event a receipt is lost, the employee must seek a duplicate of receipt from the billing agency. In those rare cases when all attempts have failed to yield an acceptable receipt, a brief memorandum attached to the expense report may be accepted in lieu of a receipt. The memorandum, signed by the person incurring the expense and the person approving the expense, must state that no receipt or canceled check is available; the expense was on behalf of NYIT; the item and amount of the expense are accurate; and no other reimbursement of expense has been or will be sought or accepted from any other source. NYIT is not obligated to reimburse employees who do not submit their expense reports, and necessary documentary backup in a timely fashion.

The senior manager authorizing an expense is responsible for determining its justification and ensuring that the cost is within budget, and for ensuring that expense reports are compliant with this travel and entertainment policy. All incomplete or otherwise non-compliant expense reports submitted to the Office of Financial Planning or Global Academic Programs shall be returned to the appropriate senior manager who will be responsible for supervising completion of an expense report that is complete and compliant with this policy.

It is the responsibility of each employee to understand and comply with this policy prior to submitting expenses for payment. Any questions or guidance should be directed to the employee's supervisor. Periodic audits of expense reports will be conducted by internal audit to ensure ongoing compliance with this policy. Non-compliance with the policy may be grounds for disciplinary action. The act of signing an expense report form is a representation that the expenditures incurred are in accordance with this policy.

Resignation

There may come a time when you wish to voluntarily resign your position at NYIT. There is a specific procedure in place that you must follow in order to leave NYIT with your employment in good standing, an important factor if you decide to reapply for a position here in the future. You must provide a signed letter of resignation, including the effective date of your resignation, to your supervisor, with a copy to the Office of Human Resources. This letter should include the effective date of your resignation (the last day you will work), which must be a minimum of two weeks after the date of your letter. Upon receiving your letter, the Office of Human Resources will forward a separation clearance form to your supervisor. This must be returned to the Office of Human Resources on or about your last day of employment.

You must return any NYIT property, including keys, library books, computer and communications equipment, identification cards, and paper and electronic documents and files to the location indicated on the separation clearance form. In addition, you should be sure all of your timesheets have been submitted to the payroll department so that your unused vacation time can be properly calculated. You will receive pay for any unused, accrued vacation time. Other types of accrued paid leave, including sick time and personal time, are not payable upon resignation.

Position Elimination

If your position is eliminated caused by (but not limited to) the elimination of a job function, the closing of a department, or NYIT's financial needs, you will be considered for other employment at NYIT if a position exists for which you are qualified. If no appropriate vacancy exists at that time and your employment is terminated as a result, you will be eligible for severance pay equal to one week's pay for each year of regular, continuous, full-time employment completed, up to a maximum of 12 week's pay, provided you sign the NYIT Separation and Release Agreement. You will also receive pay for any unused, accrued vacation time. You must return any NYIT property, as determined by the separation clearance form, immediately upon your separation.

Termination

If your employment is terminated by NYIT for any reason other than an elimination of your position, you will receive pay for any unused, accrued vacation time. You must return any NYIT property, as determined by the separation clearance form, immediately upon your separation.