Faculty and Staff: Campus SaVE Act

What is the Campus SaVE Act?

The Campus Sexual Violence Elimination (SaVE) Act increases transparency on campus about incidents of sexual violence, including domestic violence, dating violence, stalking and sexual assault. The act also guarantees victims enhanced rights, sets standards for disciplinary proceedings, and requires campus-wide prevention education programs. The Campus SaVE Act amends the Clery Act, which addresses campus sexual assault policies within the Higher Education Act of 1965. President Obama signed SaVE into law on March 7, 2013 as part of the Violence Against Women Act (VAWA) Reauthorization.

Definitions

Domestic violence
Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction … or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

Dating violence
Violence committed by a person:

  1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
    1. The length of the relationship
    2. The type of relationship
    3. the frequency of interaction between the persons involved in the relationship

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Additionally, dating violence does not include acts that meet the definition of "domestic violence."

Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  1. Fear for his or her safety or the safety of others; or
  2. Suffer substantial emotional distress

"Course of conduct" means two or more acts, including, but not limited to, acts in which the stalker 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. "Substantial emotional distress" means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. "Reasonable person" means a reasonable person under similar circumstances and with similar identities to the victim.

Sexual assault
A sexual assault is any of the following:

Sex Offenses: Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.

Rape: The 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 victim.

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent

On Campus Resources

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

Carol Jablonsky
Deputy Title IX Coordinator for Faculty and Staff
President's Office/Chief of Staff
Human Resources
North House, Room 202
Old Westbury, NY 11568
516.686.1014
cjablons@nyit.edu

Campus Security

Manhattan Campus: 646.273.7789
Old Westbury campus: 516.686.7789
Central Islip Campus: 631.348.7789

Employee Resources

Employee Assistance Program resources are available through the medical plan with UnitedHealthcare (for participants in the medical plan) and through the long term disability (LTD) program with The Standard Insurance Company (for participants in the LTD plan). Provided below is information on both programs:

  1. UnitedHealthcare: Confidential short-term telephone counseling services and referrals for more extended care are available by contacting UnitedHealthcare at the phone number on the back of the i.d. card, which is 1.888.847.4274.
  2. The Standard Insurance Company: Confidential telephone consultation with an experienced master's degreed clinician and three in-person sessions for each issue. Participants can contact a representative at 1.888.293.6948 to speak with a clinician and/or arrange a referral.

Victims of sexual assault will have the right to the following:

  • Reasonable changes to the academic and living situations
  • 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
  • Assistance in notifying law enforcement
  • Obtain or enforce a no contact directive or restraining order
  • Same opportunity as accused to have others present at disciplinary hearing
  • Unconditional notification of outcomes of hearing, sanctions and terms of sanctions in place
  • Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome
  • Name and identifying information kept confidential (FERPA)

No Retaliation
No individual will be penalized or retaliated against in any way for his or her participation in the Sexual 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 sexual misconduct complaint.

Confidentiality
NYIT will maintain the confidentiality of any complaint involving a sexual assault, stalking, and domestic violence or dating violence 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, under certain circumstances involving public safety, the institution may investigate complaints, even if a victim does not wish to proceed. Therefore, victims 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 involving a sexual assault, stalking, domestic violence or dating violence 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 Counseling & 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 sexual assault, stalking, domestic violence or dating violence, i.e. where the communication is protected, shall not constitute notice to NYIT of such sexual misconduct.

Although NYIT will endeavor to maintain the confidentiality of sexual assault, stalking, domestic violence or dating violence 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.

Immigration Assistance

A list of immigration assistance organizations in New York can be found in the link: Immigration assistance organizations in New York.