Code of Conduct and Whistleblower Policy

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Purpose

NYIT has adopted this policy to ensure that no officer, trustee, employee or volunteer of NYIT (together “NYIT Personnel”) who in good faith reports any action or suspected action taken by or within NYIT that is illegal, fraudulent or in violation of any NYIT policy shall suffer intimidation, harassment, discrimination or other retaliation or, in the case of employees, adverse employment consequence. NYIT is committed to conducting all of its activities in accordance with the highest ethical standards and in compliance with all applicable laws. NYIT Personnel are accountable for the highest standards of NYIT-related conduct, including honesty and fairness in all aspects of their work.

Administrator

The Director of Compliance has been designated as Administrator of this Policy. The Director of Compliance will report to the Audit Committee of the Board of Trustees in connection with the administration of this Whistleblower Policy.

Reporting

All members of the NYIT community are encouraged to report known or suspected illegal or fraudulent activity or violation of NYIT policy. NYIT employees or volunteers should report concerns to a supervisor, department chair, program director, Dean, Vice President, or the President, while trustees should report concerns to the Chair of the Audit Committee (collectively a “Primary Contact”). If for any reason an individual finds it difficult or uncomfortable to report concerns to a Primary Contact, NYIT Personnel may instead report their concerns directly to the Director of Compliance, the General Counsel or the Director of Internal Audit. The Director of Internal Audit shall also be designated as a Primary Contact. Reporting may be done anonymously, and may be made through NYIT’s Compliance and Ethics Hotline, nyit.ethicspoint.com.

Examples of violations include intentional falsification of NYIT records (such as employment records, time sheets, medical records, contracts, business records, and expense reports); theft or misappropriation of NYIT property; unauthorized or unlawful use of NYIT property, including NYIT’s computer and telecommunications systems and networks; and bid-rigging, kickbacks, bribes, dishonest procurement, or any similar NYIT-related activity that adversely affects the honest, cost-effective, or business-like conduct of NYIT operations.

Receipt and Processing of Reports

All Primary Contacts receiving reports are responsible for informing the Director of Compliance expeditiously and cooperating fully with any investigation. The Director of Compliance will consider each report and will conduct such review as he/she believes appropriate. In the review of such a report, the Director of Compliance may consult, if and as appropriate, the General Counsel and other NYIT Personnel such as the President, Chief Financial Officer, Internal Audit Director, and, if necessary or advisable, the Chair of the Board of Trustees Audit Committee. The Director of Compliance, in consultation as appropriate with the General Counsel, will recommend to the President and, if indicated, the Chair of the Audit Committee, such further steps as may be appropriate.

The Director of Compliance and the General Counsel will coordinate with the Audit Committee to report as appropriate to the Board Executive Committee with respect to completed and/or ongoing investigations.

Confidentiality and Non-Retaliation

In order to encourage NYIT Personnel to come forward with any good faith report of suspected illegal or unethical behavior, all reports made through the mechanisms established under this Policy will be treated as confidential to the maximum lawful extent consistent with fair and thorough review. NYIT strictly prohibits any form of retaliation against NYIT Personnel for making a report under this policy, or for assisting a review. Any attempt to retaliate against or intimidate NYIT Personnel or other person who makes a report or participates in review of a report will be treated as a separate incident for disciplinary purposes. If NYIT determines that a report contained knowingly false information, disciplinary action may be taken against the offending individual consistent with applicable law.

Distribution

This policy will be distributed to all new and existing trustees and employees. Moreover, program directors are responsible for distributing this policy to all volunteers who provide substantial services to NYIT.