Belongs To Collection(s)
> gender based misconduct policy
No individual will be penalized or retaliated against in any way for their participation in the Gender-Based Misconduct grievance process.
Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.
Retaliation is a serious violation of New York Tech policy and will be treated as another possible instance of misconduct. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. New York Tech is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.
New York Tech and any member of its community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy or the Title IX Procedure.
Filing or pursuing a complaint under other policies, such as the Student Code of Conduct, could be considered retaliatory if: 1) those charges could be brought under the Title IX Procedure, and 2) the other charges are made for the purpose of interfering with or circumventing any right or privilege within the Title IX Procedure that is not provided by either the Non-Discrimination Policies and Procedures for Employees or the Student Code of Conduct (U.S. or NYITCOM). Therefore, the institution vets all complaints carefully to ensure this does not happen, and to assure that complaints are tracked to the appropriate process.
Charging an individual with a code of conduct violation for making a false statement in bad faith during a Title IX grievance proceeding does not constitute retaliation. However, just because a determination of responsibility has been made, does not automatically mean that any party has made a materially false statement in bad faith.