New York Institute of Technology is committed to providing an educational and employment environment that is free from discrimination or harassment based on protected characteristics.

In accordance with its Statement on Non-Discrimination, New York Institute of Technology prohibits acts of discrimination and/or discriminatory harassment, against other individuals or groups, including intimidation, threats, and/or acts of violence on the basis of race, creed, color, national or ethnic origin, sex, gender, gender identity, gender expression, age, mental or physical disability, sexual orientation, genetic information, religion, pregnancy, veteran status, marital status, citizenship or any other basis protected by applicable local, state, or federal law ("Protected Identity(ies)") with respect to the rights, privileges, programs, and activities made available to members of its academic community.

The protected rights, privileges, programs, and activities include, but are not limited to, employment and working and learning conditions at New York Tech, admissions, financial aid, scholarships, enrollment, access to housing, educational programs, and all co-curricular activities.

This policy applies uniformly to all members of New York Tech's community including students, staff, faculty, visitors, vendors, and guests on or off campus; however, due to varying non-discrimination laws and requirements, community members should be aware of the following:

1. Discrimination or discriminatory harassment which is based (in whole or in part) on gender or sex or which is sexual in nature is subject to New York Tech's Gender-Based Misconduct and Title IX Policy, and will prevail over this policy in the event of any conflicts.
2. Employees of New York Tech are also subject to the Non-Discrimination Policies and Procedures found in the Employee Handbook. In the event of conflicts, the Employee Handbook will prevail over this policy in situations involving employees.

This policy applies to all forms of expression, whether in-person, online, in writing, in graphic format, or other.

This policy is not intended to discourage free expression and discussion of thoughts, ideas, and opinions that are an essential part of a higher education experience. New York Tech will consider these principles in its response to complaints of discrimination that involve an individual's statements or speech.

Unless otherwise defined in one of the two policies noted above, prohibited discrimination consists of adverse treatment of a member of the New York Tech community based on the subject's actual or perceived Protected Identity(ies). Prohibited discriminatory harassment consists of both unwelcome and objectively offensive conduct based on the subject's actual or perceived Protected Identity(ies) which limits or denies access to New York Tech's educational and/or employment programs by creating an intimidating, hostile, or offensive environment. Acts may violate this policy when such an environment is created for the subject/victim of the acts, or for witnesses or the community as a whole.

It is also a violation of this policy to engage in hate crimes which are criminal acts involving violence, intimidation, and destruction of property based upon bias and prejudice committed against a person(s) based in whole or substantial part because of a belief or perception regarding that person's Protected Identity(ies). More information about hate and bias-related crimes may be found here.

Persons who believe they have been subject to discrimination, harassment, and/or bias-related or hate crimes are encouraged to promptly report concerns or matters that could be in violation of this policy. Reports should be made to the Office of Campus Security or to New York Tech's Equity and Title IX Officer, Melissa D. Wallace, Esq., 516.686.1080, melissa.wallace@nyit.edu.

Reports regarding students can also be made through submission of this Incident Report Form, or for gender-based misconduct, through the Sexual Misconduct/Harassment Form. Employees may also report to the Office of Human Resources at hr@nyit.edu and/or utilize the employee complaint form. If a community member would prefer to submit an anonymous report in confidence, they may do so here; however, reporting anonymously may impact the institution's ability to respond.

Once notified, New York Tech will work to promptly and effectively address any incidents of discrimination or harassment. The processes for resolving complaints of discrimination or harassment, including related retaliation, are generally as follows. However, please be aware that the applicable resolution process may depend upon the status of both the complainant and respondent at the institution.

• For NYITCOM students: the NYITCOM Student Code of Conduct
• For all other students: the Student Code of Conduct
• For employees: the Non-Discrimination Policies and Procedures for Employees and any applicable employment contract or collective bargaining agreement
• For guests, visitors, vendors, and other members of the New York Tech community who are not subject to the above processes: any applicable contract or the Rules for the Maintenance of Public Order

Persons found in violation of this policy shall be subject to appropriate disciplinary action referenced in the policies above, up to and including the termination of employment and suspension or expulsion of students.