Gender-Based Misconduct and Title IX Policy

As set forth in its Non-Discrimination and Discriminatory Harassment Policy, New York Institute of Technology prohibits discrimination and harassment based upon sex or gender, gender identity or expression, sexual orientation, and pregnancy or related conditions. Because sex-based offenses can take many forms, New York Tech refers to them broadly as Gender-Based Misconduct.

Gender-Based Misconduct, as more particularly defined below, includes sex discrimination, sex-based or sexual harassment, sexual assault, and other forms of nonconsensual sexual activity, as well as stalking and relationship violence. It also includes retaliation for engaging in protected activities, such as making a report of Gender-Based Misconduct.

No form of Gender-Based Misconduct will be tolerated at New York Tech. This includes activity by students, staff, and faculty, on or off campus, and any vendors or visitors on New York Tech's campuses.

New York Tech has developed this policy and its applicable grievance procedures to provide prompt, fair, and impartial processes for those involved in an allegation of Gender-Based Misconduct. This policy is intended to comply with applicable federal and state laws, including but not limited to: Title IX and its accompanying regulations, the Clery Act, and NYS Education Law Article 129-b.

When an alleged violation of this policy is reported, the allegations are subject to resolution using the procedures set forth in the Non-Discrimination Policies and Procedures for Employees (for employees) or the appropriate Student Code of Conduct (for students – see Notes). The applicable procedure will be determined by the Title IX Coordinator, as detailed below.

This policy and the referenced procedures apply to events occurring on or after August 1, 2024. All Gender-Based Misconduct policies and procedures may be found here.

Notes:

1. "Code of Conduct" refers to both the Student Code of Conduct: U.S. Campuses and the Student Code of Conduct: NYITCOM.
2. Wherever reference is made to the Title IX Coordinator in this policy, New York Tech may designate a Deputy Title IX Coordinator or other trained administrator with authority to take corrective action.

Acts of Gender-Based Misconduct defined below may be committed by any person upon any other person, regardless of the sex, sexual orientation and/or gender identity of those involved. Throughout this policy, references to "sex" or "sex-based" include conduct based on sex, sexual orientation, gender identity, sex stereotypes, sex characteristics, and pregnancy or related conditions.

Gender-Based Misconduct offenses:

1. Sex discrimination
   1. Disparate treatment discrimination
   2. Disparate impact discrimination
2. Sex-based harassment
   1. Quid pro quo harassment
   2. Hostile environment harassment
3. Sexual assault
   1. Rape
   2. Fondling
   3. Incest
   4. Statutory rape
4. Dating violence
5. Domestic violence
6. Stalking
7. Sexual Exploitation
8. Retaliation

See Appendix A for full definitions, including New York Tech's definition of affirmative consent. Engaging in the acts defined may result in disciplinary charges against a student or employee.

For purposes of this policy, complainant means a student or employee who is alleged to have been subjected to conduct that could constitute a violation of this policy, as defined above; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute Gender-Based Misconduct and who was participating or attempting to participate in a New York Tech program or activity at the time of the alleged misconduct. Respondent means a person who is alleged to have engaged in conduct that could constitute a violation of this policy.

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

In deciding whether to make a report, students and employees should also be aware of New York Tech's limitation on confidentiality as described in this policy. Law enforcement will likewise have its own obligations once a report is made to them that individuals should be aware of.

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

In an emergency, call 911 first.

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

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

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

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

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

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

When an employee, student, or third party informs New York Tech of an alleged occurrence the institution is considered on notice and must respond.

Notice or complaints under this policy may be made using any of the following options. A complaint is a request to New York Tech to investigate and make a determination about the alleged policy violation(s).

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

Title IX Coordinator

Melissa D. Wallace, Esq.
Equity Officer and Title IX Coordinator
New York Institute of Technology
Tower House, Room 106
Old Westbury, NY 11568
516.686.1080
titleix@nyit.edu

Deputy Title IX Coordinator for Faculty and Staff

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

Deputy Title IX Coordinators for Students

Long Island/New York City
Deanna Bertini
Associate Director, Student Engagement
Office of Student Life
Student Activity Center, Room 203
516.686.1155
dbertini@nyit.edu

NYITCOM
Kristin Cohen
Associate Dean, Student Administration
Serota Hall, Room 213
Old Westbury, NY 11568
516.686.3775
kristin.cohen@nyit.edu

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

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

All New York Tech employees (faculty, staff, administrators) are expected to report incidents of Gender-Based Misconduct disclosed to them to the Title IX Coordinator immediately, though there are some limited exceptions for those deemed confidential employees.

There are three categories of Confidential Employees:

1. Those with confidentiality bestowed by law or professional ethics, such as lawyers, medical professionals, clergy, and mental health counselors who are acting in that capacity at the time of disclosure.
2. Those whom New York Tech has specifically designated as confidential resources for purposes of providing support and resources to the complainant.
3. Those conducting human subjects research as part of a study approved by NYIT's Institutional Review Board (IRB).

New York Tech has designated the following specific employees as confidential resources, meaning they do not have to report in a way that identifies the parties. They will, however, provide the complainant or reporting party with the Title IX Coordinator's contact information and offer options and resources without any obligation to inform an outside agency or New York Tech official unless a complainant has requested the information be shared:

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

The above-listed individuals will maintain strict confidentiality except in extreme cases of immediate threat or danger or abuse of a minor. Additional information on these resources is provided in Appendix B, as well as information on confidential resources available outside New York Tech.

All employees of New York Tech, other than those described above in Confidential Disclosure, are required to promptly report details of incidents disclosed to them to the Title IX Coordinator. Employees must also promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a complainant or third-party.

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

Even New York Tech offices and employees who cannot guarantee confidentiality will maintain a disclosing party's privacy to the greatest extent possible. The information a disclosing party provides to a non-confidential resource will be relayed only as necessary for the institution to investigate and/or seek a resolution. This means information may be shared with investigators, witnesses and the responding party, but the circle of people with this knowledge will be kept as tight as possible to preserve a disclosing party's rights and privacy.

Generally, climate surveys, classroom assignments or discussions, or events such as Take Back the Night marches or speak-outs do not provide notice that must be reported to the Title IX Coordinator by employees, unless the disclosing party clearly indicates that they wish a report to be made.

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

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

New York Tech will offer and implement appropriate and reasonable supportive measures to the parties upon notice of Gender-Based Misconduct. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge, to restore or preserve access to New York Tech's education program or activity, including to protect the safety of all parties and/or the educational environment.

The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or knowledge of an incident, or a complaint. At the time that supportive measures are offered, if a complaint has not been made, the Title IX Coordinator will inform the complainant, in writing, that they may make a complaint with the institution either at that time or in the future.

New York Tech will maintain the confidentiality of the supportive measures, provided doing so does not impair its ability to provide the measures. New York Tech will act to ensure as minimal an academic/occupational impact on the parties as possible and will implement measures in a way that does not unreasonably burden any party.

Supportive measures may include, but are not limited to:

• Referral to internal or external services and assistance for issues relating to visa and immigration status, student financial aid, campus housing, work or class schedule and location, transportation, academics/course deadlines and support, increased security/escort/monitoring, enrollment status changes and leave/withdrawal options, campus access restrictions, safety planning, no contact orders, and community/targeted education.

Violations of no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing complaint.

The parties are provided with a timely opportunity to seek modification or reversal of the institution's decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Title IX Coordinator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the Title IX regulatory definition of supportive measures.

New York Tech will also provide parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances materially change. New York Tech typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Coordinator.

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

New York Tech may act to remove a student respondent accused of Gender-Based Misconduct from its education program or activities, partially or entirely, on an emergency basis only when an individualized safety and risk analysis has determined that an imminent and serious threat to the health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with existing threat or behavioral assessment teams at the institution using standardized violence risk assessment procedures. Employees are subject to existing procedures for interim actions and leaves.

New York Tech may emergency remove a student upon receipt of notice of an incident, receipt of a complaint, or at any time during the grievance procedures subject to such assessment.

When an emergency removal is imposed, wholly or partially, the affected student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal within two (2) business days of the notification. Upon receipt of a challenge, the Title IX Coordinator will meet with the student (and their advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.

When this meeting is not requested within two (2) business days, objections to the emergency removal will be deemed waived. A student can later request a meeting to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed

An emergency removal may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision in writing, typically within two (2) business days of the review meeting.

This policy applies to New York Tech's education programs and activities (defined to include locations, events, or circumstances in which New York Tech exercises substantial control over both the respondent and the context in which the conduct occurred), circumstances where New York Tech has disciplinary authority, and to misconduct occurring within any building owned or controlled by an institutionally-recognized student organization. This policy may also apply to the effects of off-campus misconduct that limit or deny a person's access to New York Tech's education program or activities.

New York Tech may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial institutional interest. A substantial institutional interest includes:

1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
2. Any situation in which it is determined that the respondent poses an imminent and serious threat to the health or safety of any student, employee, or other individual.
3. Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder.
4. Any situation that substantially interferes with the New York Tech's educational interests or mission.

For disciplinary action to be issued under institutional policies, the respondent must be a student or employee at the time of the alleged incident. If the respondent is unknown or is not a member of the New York Tech community, the Title IX Coordinator will offer to assist the complainant in identifying resources and resolution options that may be available and will implement appropriate supportive measures and/or remedial actions (e.g., barring a person from campus).

All vendors serving the institution through third-party contracts are subject to the policies and procedures of their employers and to the terms of their agreement with New York Tech. They are also subject, along with visitors and guests, to New York Tech's Maintenance of Public Order Policy.

Upon receipt of notice of an alleged policy violation or a complaint, the Title IX Coordinator will initiate a prompt initial evaluation to determine New York Tech's next steps. The Title IX Coordinator will contact the complainant/reporting party to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.

This initial evaluation is typically conducted within seven (7) business days of receiving notice or a complaint and includes:

• Assessing whether the reported conduct may reasonably constitute a violation of this policy.
• Determining whether New York Tech has jurisdiction over the reported conduct, as defined in this policy.
• Offering and coordinating supportive measures for the complainant, and for respondent, as applicable.
• Notifying the complainant, or the reporting party, of the available resolution options, including a supportive and remedial response, an Informal Resolution option, or the grievance procedures described below.
• Determining whether the complainant wishes to initiate a complaint.
• Notifying the respondent of the same resolution options if a complaint is made.

If the complainant indicates they wish to initiate a complaint (in a manner that can reasonably be construed as reflecting intent to make a complaint), the Title IX Coordinator will help to facilitate the complaint, which will include working with the complainant to determine whether the complainant wishes to pursue one of the three available resolution options:

1. A supportive and remedial response
2. Informal resolution
3. The grievance procedures (described below)

If the complainant elects for the grievance procedures below, and the Title IX Coordinator has determined this Policy applies, they will route the matter to the appropriate administrator who will provide the parties with a notice of investigation. The Title IX Coordinator will then either initiate an investigation or assign a Deputy Title IX Coordinator or other trained administrator to do so, consistent with the institution's applicable grievance procedure.

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

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

1. Whether the respondent has a history of violent behavior or is a repeat offender.
2. Whether the incident represents escalation in unlawful conduct on behalf of the respondent.
3. The increased risk that the respondent will commit additional acts of violence; and related safety concerns for the complainant.
4. Whether the respondent used a weapon or force, and the overall severity of the alleged misconduct, including whether it would require the removal of a respondent from campus or imposition of another disciplinary sanction to stop the occurrence(s).
5. The age and relationship of the parties, including whether the disclosing party is a minor and whether the respondent is an employee of the institution.
6. The scope of the alleged misconduct, including whether the allegations suggest a pattern of perpetration (patterns may include for example, incidents occurring at a given location, by a particular group, or towards multiple individuals).
7. The availability of evidence to make a determination that a violation occurred, including whether the institution possesses other means to obtain, and whether such evidence reveals a pattern of perpetration.
8. Whether New York Tech could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.

If the institution determines that a formal grievance process is required, the Title IX Coordinator will initiate the appropriate grievance procedure. The Title IX Coordinator will notify the complainant of this decision in writing and take immediate action as necessary to protect and assist them. When the Title IX Coordinator initiates a complaint, they do not become the complainant. The complainant remains the person who experienced the alleged conduct that could constitute a violation of this policy.

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

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

New York Tech may dismiss a complaint if, at any time during the investigation or grievance procedure, one or more of the following grounds are met:

1. New York Tech is unable to identify the respondent after taking reasonable steps to do so.
2. New York Tech no longer enrolls or employs the respondent.
3. A complainant voluntarily withdraws any or all of the allegations in the complaint, and the Title IX Coordinator declines to initiate a complaint.
4. New York Tech determines the conduct alleged in the complaint would not constitute a policy violation, if proven.

The Title IX Coordinator can recommend dismissal if they believe the grounds are met. A complainant who decides to withdraw a complaint may later request to reinstate or refile it. Upon any dismissal, New York Tech will promptly send the complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the respondent has been made aware of the allegations, New York Tech will also notify the respondent of the dismissal.

This dismissal decision is appealable by any party.

The complainant may appeal a dismissal of their complaint. The respondent may also appeal the dismissal of the complaint if dismissal occurs after the respondent has been made aware of the allegations. All dismissal appeal requests must be filed within three (3) business days of the notification of the dismissal.

The Title IX Coordinator will notify the parties of any appeal of the dismissal and implement the process equally. If, however, the complainant appeals, but the respondent was not notified of the complaint, the Title IX Coordinator will then provide the respondent with a notice of the allegations and of the complainant’s appeal with an opportunity to respond.

A trained administrator who did not take part in the underlying dismissal of the complaint will be assigned (and if an investigation was started, the administrator must not have been the investigator). The grounds for dismissal appeals are limited to:

1. Procedural irregularity that would change the outcome.
2. New evidence that would change the outcome and that was not reasonably available when the dismissal was decided.
3. 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.

The appeal request should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. Upon receipt of a written dismissal appeal request from one or more parties, the Title IX Coordinator will share the request with all other parties and provide three (3) business days for other parties and the Title IX Coordinator to respond to the request. At the conclusion of the response period, the Title IX Coordinator will forward the appeal, as well as any response provided by the other parties and/or the Title IX Coordinator to the appeal administrator.

If any of the asserted grounds in the appeal satisfy the grounds described in this policy, the appeal administrator will notify all parties and their advisors, and the Title IX Coordinator of their decision and rationale in writing. The effect will be to reinstate the complaint.

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The appeal administrator has seven (7) business days to review and decide on the appeal, though extensions can be granted at the Title IX Coordinator discretion, and the parties will be notified of any extension.

Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.

The appeal administrator may consult with the Title IX Coordinator on questions of procedure or rationale for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

Complaints that are not dismissed will be routed to the appropriate process (e.g., the applicable Student Code of Conduct or Non-Discrimination Procedures for Employees), where parties will be provided with a notice of investigation and allegation(s), to initiate an investigation consistent with these procedures.

The status of complainant and respondent will primarily determine the applicable grievance procedure; however, in any of the processes, the parties may agree to Informal Resolution prior to the completion of the formal grievance process. Informal Resolution is voluntary, must be confirmed in writing, and is subject to approval by the Title IX Coordinator.

To initiate Informal Resolution, a complainant or respondent may make such a request to the Title IX Coordinator at any time prior to a final determination, or the Title IX Coordinator may offer the option to the parties, in writing. Upon request or offer, the Title IX Coordinator will provide the parties with notice of the following:

• The requirements of the Informal Resolution process.
• That, prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution process and to initiate or resume New York Tech's grievance procedures.
• That the parties' agreement to a resolution at the conclusion of the Informal Resolution process will preclude the parties from initiating or resuming their complaint based on the same allegations.
• The potential terms that may be requested or offered in an Informal Resolution agreement, including notification that an Informal Resolution agreement is binding only on the parties.
• What information New York Tech will maintain, and whether and how it could use that information in its grievance procedures, should the Informal Resolution fail.

New York Tech offers four categories of Informal Resolution. The Title IX Coordinator and Informal Resolution administrator will determine the appropriate method of resolution, taking into account the specific allegations, status of the parties, and other relevant factors, in consultation with the parties.

1. Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation.
2. Educational Conversation. When the Title IX Coordinator can resolve the matter informally by having a non-disciplinary conversation with the respondent to discuss the complainant's concerns and institutional expectations or can accompany the complainant in their desire to confront the respondent.
3. Accepted Responsibility. When the respondent is willing to accept responsibility for violating policy and is willing to agree to actions that will be enforced similarly to sanctions, and the complainant(s) and New York Tech are agreeable to the resolution terms. This resolution is not subject to appeal once all parties indicate their written agreement to all resolution terms.
4. Alternative Resolution. When the parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below:
   • Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the respondent(s); indirect action by the Title IX Coordinator or other appropriate New York Tech officials; and other forms of resolution that can be tailored to the needs of the parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue.
   • The Title IX Coordinator may consider the following factors to assess whether alternative resolution is appropriate, or which form of alternative resolution may be most successful for the parties:
     • The parties' amenability to alternative resolution and motivation to participate;
     • Likelihood of potential resolution, considering any power dynamics between the parties;
     • The nature and severity of the alleged misconduct;
     • Results of a violence risk assessment/ongoing risk analysis;
     • Respondent's disciplinary history;
     • Skill of the facilitator with this type of complaint;
     • Complaint complexity;
     • Goals of the parties;
     • Adequate resources to invest in alternative resolution (e.g., time, staff).

Regardless of the category of Informal Resolution selected, the individual facilitating an Informal Resolution will be trained and will not be the same as the person investigating the complaint or serving as a decision-maker or panel member for the complaint.

Any party participating in Informal Resolution can withdraw from the Informal Resolution Process prior to its completion and initiate or resume the applicable formal grievance procedure. If an investigation is already underway, the Title IX Coordinator has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

The parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the formal grievance procedure, should Informal Resolution not be successful.

Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the grievance procedures, referral to the conduct process for failure to comply).

New York Tech will not impose discipline on a student or employee unless there has been a determination made at the end of the applicable grievance procedure that a violation of this policy occurred (unless sanctions are voluntarily accepted by respondent as part of the Informal Resolution Process described above). The Title IX Coordinator will otherwise ensure that the grievance procedures are followed before imposing sanctions.

The following sanction ranges apply for the categories of misconduct under this policy. Specific sanctions that may be assigned within these ranges can be found in the applicable grievance procedures. Sanctions can be assigned outside of the specified ranges based on aggravating or mitigating circumstances, or the respondent's cumulative conduct record:

• Sex Discrimination: warning through expulsion or termination
• Quid Pro Quo Harassment: warning through expulsion or termination
• Hostile Environment Harassment: warning through expulsion or termination
• Rape: suspension through expulsion or termination
• Fondling: warning through expulsion or termination
• Incest: warning through expulsion or termination
• Statutory Rape: warning through expulsion or termination
• Stalking: probation through expulsion or termination
• Dating/Domestic Violence: probation through expulsion or termination
• Sexual Exploitation: warning through expulsion or termination
• Retaliation: warning through expulsion or termination

If there is a determination that gender-based misconduct occurred, the Title IX Coordinator will, as appropriate:

• Coordinate the provision and implementation of remedies to a complainant and other people that New York Tech identifies as having also experienced the impact of respondent's conduct to their working or learning environment.
• Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions.
• Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within New York Tech's education program or activity.

The sections below describe the specific forms of legally prohibited sex discrimination, sex-based harassment, and retaliation that are also prohibited under New York Tech policy. This policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom. When speech or conduct is protected by academic freedom it will not be considered a violation, though supportive measures will be offered to those impacted.

All offense definitions below encompass actual and/or attempted offenses.

Any of the following offenses can be charged as or combined as pattern offenses, in which case the notice of investigation will clearly indicate such.

A. Sex Discrimination

Sex discrimination is different treatment with respect to a person's employment or participation in an education program or activity based, in whole or in part, upon the person's actual or perceived sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Discrimination can take two primary forms:

1) Disparate Treatment Discrimination

• Any intentional differential treatment of a person or persons that is based on a person's actual or perceived sex and that:
  • Excludes a person from participation in,
  • Denies a person benefits of, or
  • Otherwise adversely affects a term or condition of a person's participation in a New York Tech program or activity.

2) Disparate Impact Discrimination

• Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on the basis of sex that:
  • Excludes a person from participation in,
  • Denies a person benefits of, or
  • Otherwise adversely affects a term or condition of a person's participation in a New York Tech program or activity.

B. Sex-based Harassment

Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.

1) Quid Pro Quo

• An employee agent, or other person authorized by New York Tech.
• To provide an aid, benefit, or service under New York Tech's education program or activity.
• Explicitly or impliedly conditioning the provision of such aid, benefit, or service.
• On a person's participation in unwelcome sexual conduct.

2) Hostile Environment Harassment

• Unwelcome sex-based conduct, that
• Based on the totality of the circumstances,
• Is subjectively and objectively offensive, and
• Is so severe or pervasive,
• That it limits or denies a person's ability to participate in or benefit from the institution's education program or activity.

The institution reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not prohibited by law. Addressing such conduct will not result in the imposition of discipline, but may be addressed through other remedial actions.

3) Sexual Assault¹

1. Rape:
   • Penetration, no matter how slight,
   • of the vagina or anus,
   • with any body part or object, or
   • oral penetration by a sex organ of another person,
   • without the consent of the complainant.
2. Fondling:
   • The touching of the private body parts of the complainant (buttocks, groin, breasts),
   • for the purpose of sexual gratification,
   • without the consent of the complainant,
   • including instances where the complainant is incapable of giving consent because of their age or because of a temporary or permanent mental incapacity.
3. Incest:
   • Sexual intercourse,
   • between persons who are related to each other,
   • within the degrees wherein marriage is prohibited by law.
4. Statutory Rape:
   • Sexual intercourse,
   • with a person who is under the statutory age of consent.

[1] This would include having another person touch you sexually, forcibly, and/or without their consent.

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

• New York Tech uses an affirmative consent standard. Affirmative consent is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.

Furthermore:

1. Consent of any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
3. Consent may be initially given but withdrawn at any time.
4. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness, being involuntarily restrained, or due to the degree of intoxication.
   • It is a defense to a sexual assault policy violation that the respondent neither knew nor should have known the complainant to be incapacitated. This is an objective, reasonable person standard that assumes a reasonable person is both sober and exercising sound judgment.
5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
6. When consent is withdrawn or can no longer be given, sexual activity must stop.

4) Dating Violence, defined as

1. Violence,
2. On the basis of sex,
3. Committed by a person,
4. Who is in or has been in a social relationship of a romantic or intimate nature with the complainant.
   • The existence of such a relationship shall be determined based on the complainant's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons. For the purposes of this definition:
     1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
     2. Dating violence does not include acts covered under the definition of domestic violence.

5) Domestic Violence, defined as

1. Violence,
2. On the basis of sex,
3. Committed by a current or former spouse or intimate partner of the complainant,
4. By a person with whom the complainant shares a child in common, or
5. By a person who is cohabitating with, or has cohabitated with, the complainant as a spouse or intimate partner, or
6. By a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the state, or
7. By any other person against an adult or youth complainant who is protected from that person's acts under the domestic or family violence laws of the state.

6) Stalking, defined as

1. Engaging in a course of conduct,
2. On the basis of sex,
3. Directed at the complainant, that
   1. Would cause a reasonable person to fear for the person's safety, or
   2. The safety of others, or
   3. Suffer substantial emotional distress.

For the purposes of this definition:

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

C. Other Misconduct

7) Sexual Exploitation

1. A person taking non-consensual or abusive sexual advantage of another, that does not constitute Sex-based Harassment as defined above,
2. For their own benefit or for the benefit of anyone other than the person being exploited.

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

• Sexual voyeurism (such as observing or allowing others to observe a person undressing or engaging in sexual acts, without the consent of the person being observed).
• Taking pictures or recording of another person in a sexually related activity when there is a reasonable expectation of privacy during the activity, without consent; or exceeding the boundaries of consent, including the making or posting of non-consensual pornography.
• Forcing a person to take an action against that person's will by threatening to show, post, or share information or images that depict the person's nudity or sexual activity.
• Knowingly soliciting a minor for sexual activity or creating, possessing, or disseminating child pornography.
• Creating or disseminating synthetic media of individuals doing or saying sexually related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (e.g., "deepfakes").

8) Retaliation

1. Adverse action, including intimidation, threats, coercion, or discrimination,
2. Against any person,
3. By the institution, a student, employee, or a person authorized by the institution to provide aid, benefit, or service under the institution's education program or activity,
4. For the purpose of interfering with any right or privilege secured by law or policy, or
5. Because the person has engaged in protected activity, including reporting information, making a complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or grievance procedure including an Informal Resolution process, or in any other appropriate steps taken by the institution to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects.

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

Such evidence may include:

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

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

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

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

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

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

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

View a full list of SAFE Hospital Programs in New York.

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

Counseling and Wellness Services

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

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

Services at all campuses are free and confidential.

Long Island
Student Activity Center, 3rd Floor
516.686.7976

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

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

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

NYITCOM-Arkansas
Reng Student Services Center, Suite 2203
870.972.2318

Academic Health Care Center

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

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

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

Other On-Campus Resources

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

Long Island
Harry J. Schure Hall, Room 141
516.686.7526

New York City
16 W. 61 St., Room 001
212.261.1684

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

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

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

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

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

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

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

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

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

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

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

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

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

Applies to students at New York Tech campuses located in New York State:

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