Gender-Based Misconduct Policy

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Gender-Based Misconduct Policy

No form of Gender-Based Misconduct (including same sex-based misconduct) will be tolerated at NYIT. This includes activity by students, staff, and faculty, on or off campus, and any vendors or visitors on NYIT's campuses. Gender-Based Misconduct, as more particularly defined below, includes sexual harassment, sexual violence, and sexual assault, including rape, acquaintance rape, and other forms of nonconsensual sexual activity.

Any violation of this Gender-Based Misconduct Policy is also considered a violation of the Student Code of Conduct. All policies, procedures, and definitions applicable to other violations of the Student Code of Conduct apply to complaints of Gender-Based Misconduct against students unless inconsistent with this Gender-Based Misconduct Policy.

No Retaliation No individual will be penalized or retaliated against in any way for his or her participation in the Gender-Based Misconduct investigation or disciplinary process. This protection includes both the complaining and responding parties and individuals who participate in an investigation or hearing related to a Gender-Based Misconduct complaint.

Confidentiality NYIT will maintain the confidentiality of the complaint to the greatest extent possible, consistent with the law and NYIT's goal of conducting a thorough and complete investigation. Efforts will be made to safeguard the privacy and rights of all persons involved.

While NYIT recognizes that it is critical that a victim's confidentiality be protected to the extent possible, students should understand, however, that, upon informing an NYIT official of a Gender-Based Misconduct complaint, for the protection of the entire community, the institution may investigate that complaint, even if the student does not wish to proceed. Therefore, students should understand that their complaint may be disclosed, as necessary, to persons other than the one(s) to whom the complaint is made, including the accused student. Notwithstanding, where claims of Gender-Based Misconduct are reported to NYIT employees who serve in a professional role in which communication is protected under applicable federal, state or local law or regulation or licensing authority--including counselors in the Health & Wellness Center--such reports will not be further disclosed to the extent the communication is protected by law. Notice by a student to any such professional employee of Gender-Based Misconduct, i.e. where the communication is protected, shall not constitute notice to NYIT of such Gender-Based Misconduct.

Although NYIT will endeavor to maintain the confidentiality of Gender-Based Misconduct complaints and proceedings in accordance with this policy, it cannot prevent the further dissemination of information by individuals to whom such information was disclosed. Moreover, any response by the institution may be hindered to the extent the complainant wishes to remain anonymous.

Definition of Gender-Based Misconduct

Specific forms of Gender-Based Misconduct include but are not limited to:

a. Nonconsensual Sexual Contact

This includes any type of touching, or contact with, another person's sexual or intimate parts, under or over clothing, or forcing the other person to touch the perpetrator's sexual or intimate parts. It may also include touching of other parts of the body (e.g. squeezing, grabbing or pinching) for the purpose of degrading or abusing the other person or for the purpose of gratifying the perpetrator's sexual desire.

Definition of Consent: 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 or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
  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.
b. Sexual Exploitation

Taking abusive or nonconsensual sexual advantage of another. Examples include:

  1. Taking or transmitting sexual photographs, videos, or audiotapes without consent, or causing or permitting others to take or transmit such photographs, videos, or audiotapes without consent.
  2. Watching another engage in sexual activity or contact without consent; viewing another nude without consent (e.g. watching someone in the shower without consent); allowing a third party to observe sexual acts without a partner's consent.
c. Sexual or Gender-Based Harassment

This includes:

  1. Unwelcome sexual advances, requests for sexual favors, and other nonverbal, expressive or physical conduct of a sexual nature; and
  2. Other verbal, nonverbal, or physical acts, or acts of aggression, intimidation or hostility, when based on gender or gender-stereotyping.

This conduct constitutes sexual or gender-based harassment when it either substantially interferes with an individual's ability to participate in or benefit from the institution's programs or activities or creates an intimidating, hostile, or offensive environment for learning or participating in NYIT programs and activities.

Examples include:

  1. Unwanted flirtation, advances, or propositions of a sexual nature.
  2. Insults, humor, jokes, or anecdotes (not legitimately related to the subject matter of a course, if one is involved) that belittle or demean an individual's or a group's sexuality or gender.
  3. Unwelcome comments of a sexual nature about an individual's body or clothing.
  4. Physically threatening a person because of his or her gender identity or expression or sexual orientation.
d. Domestic Violence: This includes the use of physical violence, coercion, threats, intimidation, isolation,

stalking, or other forms of emotional, sexual or economic abuse directed towards:

  1. A current or former spouse or intimate partner;
  2. A person with whom one shares a child; or
  3. Anyone who is protected from the respondent's act under the domestic or family violence laws of New York.

This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Domestic violence can be a single act or a pattern of behavior in relationships.

e. Dating Violence

This includes the use of physical violence, coercion, threats, intimidation, isolation, stalking, or other forms of emotional, sexual or economic abuse directed towards a person who is or has been in a social relationship of a romantic or sexually intimate nature with the victim. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Dating violence can be a single act or a pattern of behavior in relationships.

f. Stalking: Intentionally and for no legitimate purpose engaging in a course of conduct directed at another

person, on more than one occasion, that the student knows or reasonably should know is likely to cause a reasonable person to fear for his or her safety or the safety of others or causes the other person to suffer substantial emotional damage. Such behaviors and activities may include, but are not limited to:

  1. Nonconsensual communication (including face-to-face, telephone calls, voice messages, electronic mail, written letters/notes, unwanted gifts).
  2. Threatening or obscene gestures.
  3. Pursuing or following.
  4. Electronic or any form of surveillance and/or other types of nonconsensual observation.
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Victim's Rights

Student's rights for violations of the Gender-Based Misconduct Policy (including same-sex based misconduct)

A student victim or reporting individual of a gender-based misconduct incident where a student is accused of sexual assault, domestic violence, dating violence, stalking, or sexual activity that may otherwise violate the code has the right to the following:

  1. Reasonable changes to the academic and living situations
  2. Referrals to counseling, receive contact information about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available both on campus and in the community
  3. Assistance in notifying law enforcement
  4. Obtain or enforce a no contact directive or restraining order
  5. Same opportunity as accused to have others present at disciplinary hearing
  6. Unconditional notification of outcomes of hearing, sanctions and terms of sanctions in place
  7. Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome
  8. Name and identifying information kept confidential (FERPA)

In addition, all students have the right to:

  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. Make a decision about 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 health care 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. 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.

Student Resources for Gender-Based Misconduct

Title IX of the Educations Act of 1972 ("Title IX") prohibits discrimination on the basis of sex, including Gender-Based Misconduct. NYIT has a team of Title IX Coordinators who oversee compliance by the NYIT community, including investigations and disciplinary proceedings arising out of Gender-Based Misconduct complaints, and addressing any patterns or systemic problems that arise during the review of such complaints. The Title IX team members listed below are available to meet with students as needed. If a student feels that they are a victim of Gender-Based Misconduct, they should take their complaint to the Office of Student Affairs, the Office of Housing Life, or the Department of Athletics.

a. Title IX Coordinator

NYIT's Title IX Coordinator is Cheryl Monticciolo; her responsibilities include overseeing all Title IX compliance and providing leadership to the Title IX support staff.

Cheryl Monticciolo
Director, Compliance & Title IX Coordinator
President's Office
Tower House, Room 106
Old Westbury, NY 11568
516.686.1080
cheryl.monticciolo@nyit.edu

b. Deputy Title IX Coordinators

NYIT's deputy Title IX coordinators serve as the primary Title IX coordinators for students:

Gabrielle St. Léger, Ed.D.
Dean of Students, NYIT-Old Westbury
Student Activities Center, Room 208
Old Westbury, NY 11568
516.686.1488
gstleger@nyit.edu

Ann Marie Klotz
Dean of Students, NYIT-Manhattan
26 West 61st Street, Room 105
New York, NY 11568
212.261.1531
aklotz@nyit.edu

Mary Ann Achtziger
Associate Dean, Student Affairs
New York College of Osteopathic Medicine of NYIT
Serota Hall, Room 213
Old Westbury, NY 11568
516.686.3775
maachtzi@nyit.edu

Gail Wasmus
Assistant to the Athletic Director/Volleyball Coach/Senior Women's Administrator
Sports Complex, Room 104
Old Westbury, NY 11568
516.686.7447
gwasmus@nyit.edu

Other Student Resources Re: Issues Related to Gender-Based Misconduct

a. The Office of Campus Security

The Office of Campus Security is responsible for the safety and security of students, staff and faculty members, and property. Service is provided campus-wide 24 hours a day, 365 days a year at the Old Westbury and Central Islip locations. Security is provided at the Manhattan campus whenever the buildings are open. All security guards are trained in emergency response procedures (fire, bomb threat, and medical emergencies).

In an emergency, call 911 first. Then call Campus Security at:

  • Old Westbury – 516.686.7789
  • Manhattan – 212.261.1536
  • Central Islip – 631.348.3333
b. Counseling and Wellness Services at NYIT

Coordinates student mental health, disability, immunization, and health insurance services. Our staff is available Monday through Friday from 9 a.m. to 5 p.m. on both the Old Westbury and Manhattan campuses, with information about specific services and programs.

Old Westbury
Student Activities Center, 3rd Floor
516.686.7976
Manhattan
26 W. 61st Street, Mezzanine Level
212.261.1770