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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 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 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, sexual harassment may also constitute a violation of federal law under Title IX, subject to certain jurisdictional and definitional requirements.
The policy and the procedures below apply only to sexual (and other discriminatory) harassment that is not covered under Title IX, as determined by the Title IX Coordinator. For Title IX-covered sexual harassment definitions and procedures, see the Gender Based Misconduct and Title IX Policy and accompanying Title IX Procedure.
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 incidents of sexual harassment (or other forms of gender-based misconduct) directed at others, you must report these to the Title IX Coordinator unless you 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, or participated in the reporting, investigation, and/or resolution process of any complaint under this policy. Adverse conduct includes action that would keep an employee from reporting discrimination or discriminatory harassment, such as making express or implied threats, engaging in intimidation or harassment, or denying employment benefits.
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.
Offenses which fall under Title IX are subject to the confidentiality and non-retaliation requirements described in the Gender Based Misconduct and Title IX Policy.
Employee Grievance Procedure
Applicability
This procedure applies to all complaints of discrimination, discriminatory harassment, or retaliation, except as noted above, for matters covered by Title IX, as may be determined by the Title IX Coordinator, in which case the Title IX procedures will apply.
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.
Procedural Rights
In all cases, NYIT will provide for prompt, reliable, and impartial investigation of complaints. 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. NYIT will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures.
Resolution Timeframe
The initial evaluation of reports or complaints will typically occur within seven (7) business days of receipt of the complaint or grievance, and 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.
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.
Investigation
Upon receipt of a complaint or report of a policy violation, 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, NYIT will keep both parties abreast of the status of the investigation and its anticipated completion. All persons involved, including complainants, witnesses and respondents will be accorded adequate procedures 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.
The accused will receive notice of the investigation, and both the complainant and the accused will be interviewed as part of the investigation, except in rare circumstances where either party may be unavailable or refuse to be interviewed. The complainant and the accused will have the opportunity to provide witnesses and evidence, and NYIT will conduct interviews and review documents or other information the investigator believes are relevant. The investigation will be documented by NYIT.
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.
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.
In addition to disciplinary sanctions, NYIT may institute remedies, where appropriate. Remedies include any necessary steps to prevent further harassment and to correct its discriminatory effects on the complainant and others.
NYIT reserves the right to place a respondent employee on administrative leave or enact other interim restrictions pending the completion of the grievance process, subject to compliance with any applicable laws and collective bargaining agreements. 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.
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.