Rape/Sexual Assault

Sexual assault refers to sexual offenses specified by New York State Penal Code 130. Sexual offenses include:

  • Rape: sexual intercourse obtained through force or threat of force without victim’s consent. Sexual intercourse includes vaginal, anal, or oral sex. Ejaculation is not necessary, but there must be some penetration.
  • Criminal Sexual Act: oral or anal intercourse obtained through force or threat of force without the victim’s consent
  • Forcible touching
  • Sexual Abuse

If victims are unconscious due to alcohol and/or other drug consumption, they cannot give consent to any of the above acts.


  • Always be aware of your surroundings and report suspicious activity to the Office of Campus Security.
  • Carry laminated NYIT emergency information card with them at all times.
  • Take advantage of NYIT’s Campus Alone Program, which monitors the safety of individuals working on campus during less-active, non-business hours. Call the Office of Campus Security for details.
  • Ask campus security for an escort to and from campus buildings and parking fields at night or any time you necessary.

Primary Response Team

  • NYIT campuses: Office of Campus Security; Old Westbury residences: University police; Manhattan residences: 911
  • Office of Counseling and Wellness Services staff
  • Local law enforcement and emergency responders
  • Office of Housing and Residential Life staff
  • Office of the Dean of Campus Life staff/ coordinator of campus operations and student services staff

Secondary Response Team

  • Office of Communications and Marketing
  • Office of Human Resources
  • Office of the President
  • Office of the Vice President for Student Affairs
  • Office of the Vice President for Academic Affairs

New York Institute of Technology is committed to the health, safety, and emotional well-being of all members of the NYIT community. The intent of this policy is to protect and assist community members who have been the victim of a rape or sexual assault.

Follow the established chain of primary responders. If the situation has caused loss of life or lives are threatened, immediately call 911. The Office of Campus Security will be the first NYIT responders in all emergency events and should be notified immediately.


For victims:

  • Call the Office of Campus Security. (It is best if you do this right away, but campus security will listen to your complaint no matter how long it is made after the incident.)
  • If you would feel more comfortable, report the incident to the dean of campus life or the dean of housing and residential services.
  • Do not shower, urinate, bathe, douche, brush teeth or hair, or change clothing if the assault occurred with the last 24 hours.
  • Follow campus security instructions; you will be escorted to a local medical facility for an examination.
  • Seek help from an NYIT Counseling and Wellness Center for counseling and support. (All contact made with the Counseling and Wellness Center regarding an incident will remain confidential unless there is an immediate threat of harm to you or others.)

For witnesses:

  • Call the Office of Campus Security.
  • If a threat is still posed, leave the immediate area, but let campus security know where you are. (Local law enforcement will want to interview you.)
  • Stay with the victim(s), if possible, until help arrives.
  • Seek help from an NYIT Counseling and Wellness Center if you need counseling and support.

For primary responders:

  • Respond to scene; initiate emergency response phone chain by calling vice president of information technology and infrastructure.
  • Find a private space where you can talk with the victim.
  • Be compassionate and non-judgmental. Listen to what the victim wants to do.
  • Give the victim the Guide for Surviving Sexual Assault, and go over it with them.
  • Describe the available options for assistance that may apply to each victim’s unique situation. Medical, legal, and psychological services must be explored.
  • If the victim is in crisis, call an appropriate professional staff member for assistance; request that the director of security contact 911.
  • If there has been a sexual assault or rape, advise the victim not to shower, urinate, bathe, douche, brush teeth or hair, or change clothing if the assault occurred with the last 24 hours.
  • Encourage the victim to seek medical care regardless of how long it has been since the assault.
  • Encourage the victim to receive care at a hospital.
  • Arrange transportation to a medical facility.
  • Provide a support person to accompany person to a health care facility.
  • In certain circumstances, which will be determined by the dean of campus life, the coordinator of campus operations and student services, the associate dean of counseling and wellness services, or the director of security, it will be necessary to report incidents of a violent felonies as well as a bias crime to the vice president for student affairs. Incidents involving the following circumstances will be reported, however the identity of the victim will not be revealed without written permission.
    • The presence of assault-related injuries on the victim
    • The use of a weapon during the assault
    • The use of drugs to facilitate the assault
    • Any sexual assault/rape on campus by a person unknown or known to the victim
    • An incident that warrants the undertaking of additional safety and security measures for the protection of the community.
    • Complete assault questionnaire.


  • Encourage a follow-up medical exam if an assault or sexual assault has occurred.
  • Encourage follow up counseling on or off campus.
  • Discuss accommodating a new resident assignment, if applicable.
  • Ensure judicial follow up occurs according to the NYIT Student Code of Conduct.
  • Provide appropriate follow up with the campus community, including addressing community concerns, information sharing, and other necessary support services. (Refer, when necessary, to the policy on public demonstrations.)

** Note to Responders
Victims may come forward at varying points with differing emotional states, at varying lengths of time following an incident. It is the responsibility of the person contacted to describe the available options for assistance that may apply to each victim’s unique situation. Medical, legal, and psychological services must be explored. In addition to seeking medical assistance and emotional support, the victim has the right to choose to pursue criminal action and, in the case of an on-campus incident, to provide the college with information to pursue judicial action. The decision to pursue judicial action in no way restricts the victim from filing criminal charges, and vice versa. Individual reactions often play a key role in the victim’s perception of the incident. As someone contacted by the victim, it is essential to give supportive, non-judgmental reactions. It is important for the victim to feel a sense of control in the process. The decision of the victim must be respected regardless of what the staff member thinks may be best. It is required to provide confidential services to the victim and to provide those who come forward with a protective environment.

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