Title IX and Gender-Based Misconduct

What is Title IX?
Title IX is a federal law which prohibits discrimination on the basis of gender or sex. Sexual harassment and sexual violence are forms of discrimination under Title IX. Along with several other federal and state laws, Title IX guides NYIT's policies and procedures in preventing and addressing these forms of misconduct.
What is Gender-Based Misconduct?
Gender-Based Misconduct is the term NYIT uses to describe the range of behaviors that are prohibited under our policies relating to gender, sex, and relationships. It includes non-consensual sex and sexual contact, sexual harassment, sexual exploitation, dating and domestic violence, and stalking.
What does this mean for me?
NYIT is committed to providing an educational and working environment for its students, faculty, and staff that is free from sex-based discrimination including sexual harassment, sexual and relationship violence, and stalking. We encourage you to use this page to find out more information about our policies, get help, make a report, and find out what you can do to make a difference in our community.

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View Results from the 2017 Student Survey on Sexual and Relationship Violence


Title IX Staff


NYIT has appointed a Title IX Coordinator and Deputy Coordinators to address issues regarding gender-based discrimination and sexual misconduct. The Title IX Coordinator is responsible for ensuring that NYIT responds effectively to each incident, from intake to adjudication, regardless of whether a formal complaint is filed.

The Title IX staff is knowledgeable about, and will provide information on, all options for resolution of an incident. You are encouraged to contact them to make a report or get additional assistance.


Contact Us

Title IX Coordinator

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

Title IX Support Staff

NYIT's deputy Title IX Coordinator for faculty and staff:

Corina Hendea
Associate Director
Human Resources
North House, Room 205
Old Westbury, NY 11568
516.686.7853
chendea@nyit.edu

NYIT's deputy Title IX Coordinators for students:

Long Island & Manhattan

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

Athletics

Gail Wasmus
Assistant to the Athletic Director/Volleyball Coach
Sports Complex, Room 104
Old Westbury, NY 11568
Phone: 516.686.7447
gwasmus@nyit.edu

Vocational Independence Program

Paul Cavanagh
Senior Director, VIP
SUNY Old Westbury
Marshall Hall, Room 204
Old Westbury, NY 11568
Phone: 516.686.3169
pcavanag@nyit.edu

NYITCOM

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

NYITCOM at A-State

Tammy Fowler
Assistant Dean for Student Administration
NYIT College of Osteopathic Medicine at Arkansas State University
Wilson Hall, Suite 204A
State University, AR 72467
870.972.8805
tammy.fowler@nyit.edu


University Policies



Reporting an Incident


Please contact the Title IX Coordinator or one of the Deputy Coordinators above to make an institutional report. Employees reporting an incident disclosed to them should contact the Title IX Coordinator directly. You may also report online.


More on reporting

Before making a report, please be advised that while your report will remain private and will only be shared as necessary, confidentiality cannot be guaranteed. All NYIT employees are required to report incidents disclosed to them to the Title IX Coordinator, with the exception of staff in the counseling and wellness center and the academic health care center. View NYIT's policy on confidentiality.

If you are a student and wish to disclose an incident confidentially, please contact Counseling and Wellness Services at:

Long Island Campus: 516.686.7976
NYC Campus: 212.261.1770
Jonesboro Campus: 870.972.2318

If you are an employee, you may contact the Employee Assistance Program at 888.887.4114.

To make a report to law enforcement, you may contact Campus Security for assistance in making a report, or you may contact the local police department directly:

Campus Campus Security Police Department
Long Island 516.686.7789 Nassau County Special Victims Squad
516.573.8055
New York City 646.273.7789 NYPD Special Victims Division
646.610.7272
Jonesboro 870.972.2093 Jonesboro Police Department Desk Sergeant
870.935.5657


Responding to Disclosure


Employees: Responding to a student or co-worker disclosure

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Responding to a victim of sexual violence

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Things to say:


  • "I'm sorry this happened." Acknowledge that the experience has affected their life. Phrases like "This must be really tough for you," and, "I'm so glad you are sharing this with me," help to communicate empathy.
  • "It's not your fault." Survivors may blame themselves, especially if they know the perpetrator personally. Remind the survivor, maybe even more than once, that they are not to blame.
  • "I believe you." It can be extremely difficult for survivors to come forward and share their story. They may feel ashamed, concerned that they won't be believed, or worried they'll be blamed. Leave any "why"questions or investigations to the experts—your job is to support this person.
  • "You are not alone." Remind the survivor that you are there for them and willing to listen to their story. Remind them there are other people in their life who care and that there are service providers who will be able to support them as they recover from the experience.
  • "Are you open to seeking medical attention?" The survivor might need medical attention, even if the event happened a while ago. You can support the survivor by offering to accompany them or find more information. It's okay to ask directly, "Are you open to seeking medical care?"
  • "You can trust me." If a survivor opens up to you, it means they trust you. Reassure them that you can be trusted and will respect their privacy. If a minor discloses a situation of sexual abuse, you are required in most situations to report the crime. Let the minor know that you have to tell another adult, and ask them if they'd like to be involved.
  • "This doesn't change how I think of you." Some survivors are concerned that sharing what happened will change the way other people see them, especially a partner. Reassure the survivor that surviving sexual violence doesn't change the way you think or feel about them.
  • "Do you want to report it?" Understand that the answer to this question may likely be "no" or "I don't know." If the answer is no, then do not pressure the person into reporting. Let them know that you will be there for them if they change their mind. If they are unsure about reporting (whether to the police or the school), provide them with information about the processes or offer to connect them with someone who can provide them that information.

Things to remember:


  • Be Prepared. Virtually any type of emotional reaction is possible. Be unconditionally supportive and permit victims to express their emotions. Avoid interpreting their calmness, composure, or other unexpected emotional responses as evidence that the event did or did not occur. People react differently to these types of events, often due to the neurobiology of trauma or their own coping mechanisms.
  • Try to remain calm. Try to remain calm. Showing your outrage at the incident is not helpful and may cause a victim more trauma.
  • Maintain their privacy. Do not share the disclosure with anyone else, unless they give you permission to do so. If you are concerned about their safety and well-being, then you may want to seek out Counseling and Wellness or an outside agency to get advice on whether you should betray their confidence in the interest of their safety.
  • Avoid judgment. It can be difficult to watch a survivor struggle with the effects of sexual assault for an extended period of time. Be careful not to make assumptions about when the event is no longer a concern for the person —everyone heals differently and in their own time. Avoid phrases that suggest they're taking too long to recover such as, "You've been acting like this for a while now," or "How much longer will you feel this way?"
  • Check in periodically. The event may have happened a long time ago, but that doesn't mean the pain is gone. Check in with the survivor to remind them you still care about their well-being and believe their story.
  • Know your resources. You're a strong supporter, but that doesn't mean you're equipped to manage someone else's health. Become familiar with resources you can recommend to a survivor, like the National Sexual Assault Hotline 800.656.HOPE (4673) and online.rainn.org.
  • Remember that the healing process is fluid. Everyone has bad days. Don't interpret flashbacks, bad days, or silent spells as "setbacks." It's all part of the process.

Responding to a victim of relationship violence

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Odds are that you will know someone during your college or working career that has experienced relationship violence. It is very difficult to talk about being in an abusive relationship. Many individuals do not view their relationship as abusive and maintain the hope that their partner will change. Many are ashamed and embarrassed and the abusive partner often seeks to isolate them from their friends and family, thereby cutting off sources of support.

Seeing a friend or loved one in an unhealthy relationship will likely create many emotions in you. Attempting to take charge of the situation or make decisions for your friend, will not help. You may struggle with understanding how your friend/family member could allow themselves to be hurt and question how they could remain in such an abusive/unhealthy relationship. Support, patience and understanding are needed.

Here are some tips for supporting someone who has experienced relationship violence:


  • Listen. If the survivor wants to talk allow them to talk.
  • Express your concern for them. Focus on specifics that you have observed—changes in behavior, withdrawal from friends/family, increasing anxiety or depression, bruising, etc.
  • Understand that victims of abuse often suffer from a loss of self-esteem and feel helpless and worthless; they feel powerless to act and are fearful of leaving the relationship. There are typically multiple attempts to leave an unhealthy relationship before one is able to terminate this relationship.
  • Know that safety is a very real concern. The most dangerous time for the abused partner is when they have left the relationship. Abusive relationships are about control and when the abusive partner feels they have lost control, their level of violence may escalate. Trust your friend's instincts and understanding of the relationship in this regard.
  • Do not try and pressure the person into leaving the relationship.
  • Encourage your friend to make a safety plan. Assistance with safety planning is critical. Offer to assist your friend with any part of a safety plan he or she creates. This is best done with the help of victim advocates.
  • Make them aware of other resources and offer assistance in accessing needed services. Actively encourage the abused partner to seek services.
  • Ask them how you can help but empower them to make their own decisions.
  • Be aware of your own feelings and concerns. Seek out the support of others in dealing with your own feelings about your friend's experience.

Responding to someone accused of sexual or relationship violence

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If someone you know, even a friend or family member, has been accused of gender-based misconduct, it is often difficult to process how you should respond. You are likely struggling with your own questions and mixed emotions about the situation. Here are a few important aspects and responses to consider.

Considerations for you:


  • You may have emotions or feelings of uncertainty, betrayal, or concern.
  • Whatever feelings you have are appropriate and should be acknowledged.
  • It is normal to feel conflicted about your response.
  • Consider seeking out counseling services to process.
  • The accused may turn to you for support or for help - offer to listen and be non-judgmental, if you are able.
  • Simply providing advice and emotional support in no way condones the alleged behavior.
  • Remember, as a friend:
    • You may only hear one side of the story when multiple sides exist.
    • You can be supportive of a person in general (caring for their humanity and welfare) and treat them with dignity, but also hold that person accountable to their actions, opinions, or decisions.
    • The legal system and/or trained NYIT administrators will determine whether or not a crime or policy violation has taken place, this is not your responsibility or role.
    • Violence and retaliation are not appropriate, nor helpful to you, your friend, or anyone else involved.
    • Everyone will have different reactions and ways to process the situation.

Practical ways to offer assistance:


Provide resources and recommend counseling
Encourage your friend to consult with professionals in the Counseling and Wellness Center. These offices can provide resources to any accused student. Connecting your friend with these resources will help provide the support and information they need to better understand and work through the process ahead. Your friend may also find it helpful to process the emotions and difficulties they are experiencing as a result of the charge with a confidential third-party.

Get educated on the issues
Increasing your own understanding of sexual violence may help you to process your own feelings about the incident as well as assist your friend with the process ahead.

Listen
Provide a non-judgmental listening ear. Again, this does not mean that you need to affirm or condone your friend's alleged behavior, but simply that you will provide a compassionate ear as they attempt to work through this difficult experience.

Respect privacy and confidentiality
Don't share your friend's story with others. If you are concerned about their safety and well-being (or the safety of another person), then you may want to seek out Counseling and Wellness or an outside agency to get advice on whether you should betray their confidence in the interest of their safety.

Don't forget to support yourself
Recognize this and don't hesitate to seek help and support for yourself when you need it. You cannot effectively support your friend without being mindful of your own health and well-being.


Prevention & Risk Reduction


Be an active bystander

NYIT encourages all members of the NYIT community to be Active Bystanders against Gender-Based Misconduct.


Get Intervention Tips

Some simple steps to becoming an Active Bystander


  • Notice the situation. Be aware of your surroundings.
  • Interpret it as a problem. Do I recognize that someone needs help?
  • Feel responsible to act. See yourself as being part of the solution to help.
  • Know what to do. Educate yourself on what to do.
  • Intervene safely. Take action but be sure to keep yourself safe.

How to Intervene Safely


  • Approach everyone as a friend
  • Do not be antagonistic
  • Avoid using violence
  • Be honest and direct whenever possible
  • Recruit help if necessary
  • Keep yourself safe
  • If things get out of hand or become too serious, contact the police

Remember the 3 D's:

DELEGATE


  • Tell another person. Being with others is a good idea when a situation looks dangerous.
  • Get their friends involved. Recruiting friends can make diffusion less confrontational.
  • Call the police (911) or someone else in authority or yell for help.

DISTRACT


  • Distract or redirect individuals in unsafe situations. Spill your drink. Ask for the time. Talk about biology class. Ask one of them to help you with something.

DIRECT


  • Ask a person you are worried about if they are okay. Provide options and listen.
  • Ask the person if they want to leave. Make sure that they get home safely.

New York Statewide Alcohol and/or Drug Use Amnesty Policy


When reporting instances of sexual misconduct in good faith, students or bystanders will not be subject to alcohol and/or drug use policy violations occurring around the time of the alleged incident.

Get more tips

Personal safety tips

While these are good guidelines to follow, they are not meant to suggest that it is a victim's responsibility to prevent gender-based misconduct. Failure to follow these tips does not mean a victim is at fault for sexual or relationship violence.


Get safety tips

Increasing on-campus safety


The following tips may reduce your risk for many different types of crimes, including sexual violence. You can also view additional safety tips from campus security.


  • Know your resources. Who should you contact if you or a friend needs help? Where should you go? See resources below to find contact information for campus security, hospitals, community advocacy, and the Title IX Coordinator. Download important contact information to your phone by texting the word "NYIT" to 444-999.
  • Stay alert. When you're moving around on campus or in the surrounding neighborhood, be aware of your surroundings. Consider inviting a friend to join you or asking campus security for an escort. If you're alone, only use headphones in one ear to stay aware of your surroundings.
  • Be careful about posting your location. Many social media sites, like Facebook and Foursquare, use geolocation to publicly share your location. Consider disabling this function and review other social media settings.
  • Make others earn your trust. A college environment can foster a false sense of security. They may feel like fast friends, but give people time earn your trust before relying on them.
  • Think about Plan B. Spend some time thinking about back-up plans for potentially sticky situations. If your phone dies, do you have a few numbers memorized to get help? Do you have emergency cash in case you can't use a credit card? Do you have the address to your dorm or college memorized? If you drive, is there a spare key hidden, gas in your car, and a set of jumper cables?
  • Be secure. Lock your door and windows when you're asleep and when you leave the room. If people constantly prop open the main door to the dorm or apartment, tell security or a trusted authority figure.

Safety in social settings


It's possible to relax and have a good time while still making safety a priority. Consider these tips for staying safe and looking out for your friends in social settings.


  • Make a plan. Talk with your friends about your plans BEFORE you go out. Do you feel like drinking? Are you interested in hooking up? Where do you want to go? Having a clear plan ahead of time helps friends look after one another. If your plans change, make sure to touch base with the other people in your group.
  • Go out together. If you're going to a party, go with people you trust. Agree to watch out for each other and plan to leave together. Go out as a group and come home as a group. Don't leave someone stranded in an unfamiliar or unsafe situation.
  • Protect your drink. Don't leave your drink unattended, and watch out for your friends' drinks if you can. Drink from unopened containers or drinks you watched being made and poured. It's not always possible to know if something has been added to your drink.
  • Know your limits. Keep track of how many drinks you've had, and be aware of your friends' behavior. If one of you feels extremely tired or more drunk than you should, leave the party or situation and find help.
  • It's okay to lie. If you want to exit a situation immediately and are concerned about frightening or upsetting someone, it's okay to lie. You are never obligated to remain in a situation that makes you feel uncomfortable, pressured, or threatened. You can also lie to help a friend leave a situation that you think may be dangerous. Some excuses you could use are needing to take care of another friend or family member, an urgent phone call, not feeling well, and having to be somewhere else by a certain time.
  • Be a good friend. Trust your instincts. If you notice something that doesn't feel right, it probably isn't. Be an active bystander. Learn more about how to keep your friends safe in social settings.

There's an App for That


JustInCase QRC

Circle of 6 – Connect to your friends to stay close, stay safe, and prevent violence before it happens. This app for iPhone and Android makes it quick and easy to reach the six friends you choose. Need help getting home? Need an interruption? Two touches lets your circle know where you are and how they can help. For more information and to download the app, go to Circle of 6.

Feeling safe after an assault

If you have experienced sexual assault, there are steps you can take to feel safer.


Feel safer
  • Make use of on- and off-campus resources. View information by campus.
  • Request a schedule or housing change. If you have classes with the perpetrator or live in the same building, you can request a change from the Title IX Coordinator.
  • Access support services. View information by type of aid.
  • Seek an order of protection. Sometimes also referred to as a restraining order, an order of protection is a legal document that bars an individual from certain types of contact with the person who is awarded the order. An individual who violates the terms of the restraining order can face criminal charges. Each state has its own rules and regulations for Sexual Assault restraining orders that you can learn more about through the American Bar Association. You can also contact the Title IX Coordinator for assistance in obtaining an order of protection.
  • Create a safety plan. If you are concerned for your ongoing safety, it can be worthwhile to create a safety plan. Safety planning is about finding ways to be safe in the present while planning for your future safety as well.


Resources


Guides

Resource information by campus


Old Westbury


Manhattan


Jonesboro

Criminal law resources

At NYIT, all students, faculty, and staff are subject to our Gender-Based Misconduct and other institutional policies. All individuals are also subject to state (and federal) criminal laws. In New York, the New York State Penal Code dictates what actions are crimes in the state.


New York State Laws

Please note that the New York State Penal Code does not have the same requirement for affirmative consent that we have under NYIT policy. In addition, these definitions under the penal (or, "criminal") law may be different than those under NYIT policy.

The Title IX Coordinator is available to all members of the NYIT community to answer questions about the differences between the prohibitions in NYIT’s policies and those in state and federal criminal laws, as well as the differences in each system's processes and goals.


Sexual Violence/Assault Offenses


§ 130.20 – Sexual Misconduct
This offense includes sexual intercourse without consent and deviate sexual intercourse without consent. Sexual intercourse is defined as penetration of the penis into the vagina, however slight. Deviate sexual intercourse means anal or oral penetration. Lack of consent includes the victim's clear expression of lack of consent as well as the legal inability to consent by means of age, mental or physical disability, or incapacitation. The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.

§ 130.25/.30/.35 – Rape
This series of offenses includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes sexual intercourse with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

§ 130.40/.45/.50 – Criminal Sexual Act
This series of offenses includes oral or anal sexual contact (does not have to be penetration) with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes oral or anal sexual conduct with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

§ 130.52 - Forcible Touching
This offense involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to one year in jail.

§ 130.55/.60/.65 – Sexual Abuse
This series of offenses includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent. Sexual contact is any touching of the sexual or intimate parts, whether over or under clothing, that is done for the purpose of gratifying the sexual desire of either party and includes the touching of the victim's sexual or intimate parts by the perpetrator and the touching of the perpetrator's sexual or intimate parts by the victim.The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.

§ 130.65-a/.66/.67/.70 – Aggravated Sexual Abuse
This series of offenses occurs when a person inserts a finger or a foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.

§ 130.90 - Facilitating a Sex Offense with a Controlled Substance
This offense occurs when a person knowingly and unlawfully possesses a controlled substance or any substance that requires a prescription to obtain and administers such substance without such person’s consent and with intent to commit against such person a sexual offense as defined in Article 130. Facilitating a sex offense is a class D felony punishable by a period of up to seven years.

§ 130.95 – Predatory Sexual Assault
This offense occurs when a person commits certain first degree sexual offenses and either 1) causes serious physical injury to the victim of such crime, or uses or threatens the immediate use of a dangerous instrument; or 2) the person has engaged in similar conduct as described above against one or more additional persons; or 3) the person has previously been subjected to a conviction for a felony for any sexual offense under Section 130 of the Penal Law. Violation of this section is a Class A felony and is punishable by up to a term of life imprisonment.

Read full New York State Penal Laws applicable to sexual assault


Dating and Domestic Violence


Legally, dating and domestic violence are more complicated to define because there is no specific crime of "dating violence" or "domestic violence" in the New York State Penal Code. In fact, New York State does not even define "dating violence". These offenses are simply other crimes listed in the Penal Code.

Under New York State law, domestic violence is defined as: an act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of 16, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act. (Social Services Act § 459-a)

Domestic violence is handled through the criminal courts and the family court as a "family offense." Victims who are married to the perpetrator or otherwise related may go to criminal or family court to seek an order of protection. Individuals victimized by an intimate partner who does not meet the definition of family member can only go to criminal court for legal assistance. In addition, mandatory arrest, which applies when an abuser violates an order of protection or commits certain other offenses, is only applicable when a case involves individuals who meet the family definition. Many police departments in New York State, however, use an expanded definition of family when making mandatory arrest determinations. This provides greater protection to victims who fall outside of the New York State definition, although these victims still do not have access to family court.


Assault and Related Offenses


§ 120.45/50/55/60 – Stalking
These offenses, which are described more fully in each section of the law, prohibit individuals from intentionally and with no legitimate purpose engaging in a course of conduct directed at a specific person that is likely to cause:


  1. a reasonable person to fear material harm to themselves, to another, to their property, etc., or
  2. material harm to their mental or emotional health, where such conduct consists of following, telephoning or initiating communication or contact when the person was previously informed to cease that conduct; or
  3. such person to reasonably fear that his or her employment or business is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person's place of employment, and the actor was previously informed to cease that conduct.

"Following" includes the unauthorized tracking of a person's movements or location through the use of a global positioning system or other device.

There are varying aggravating factors that may raise the level for a charge of stalking, including prior convictions, the use of the weapons, the age of the victim, and causing injury to the victim, among others. Violation of this offense can result in anywhere from three months to four years of imprisonment.