You are also encouraged to report all cases involving any form of sexual violence and/or stalking to the NYPD. We will assist you if you wish.
Sex Discrimination Is Prohibited On Our Campus
Sexual harassment, gender-based harassment and sexual violence are forms of sex discrimination prohibited under Title IX.
City Tech’s policies and procedures also cover the requirements of the Violence Against Women Act, the NYS Campus Safety Act and Enough is Enough legislation.
City Tech’s Commitment We Need Your Help
We are committed to promoting a safe and secure academic environment for all members of our community.
All students, faculty, staff and visitors are expected to maintain a working and learning environment free from harassment and discrimination.
DEFINITIONS
Title IX Sexual Harassment Gender-based Harassment Sexual Violence Domestic/Dating Violence Stalking
What Is Title IX?
Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination on college campuses. It states:
− “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal Financial Assistance.”
What Is Sexual Harassment?
Unwelcome verbal or physical behavior based on a person’s sex (including sexual orientation, gender, gender expression and gender identity, including transgender status) that is sufficiently serious to adversely affect your ability to participate in or benefit from an educational program. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature on or off campus.
What Is Gender-Based Harassment?
Unwelcome conduct of nonsexual nature based on an individual’s actual or perceived sex, or sexual orientation, including conduct based on:
Gender identity
Gender expression
Non-conformity with gender stereotypes, including transgender status
Sufficiently serious to limit your ability to participate in or benefit from an education program or activity
What Is Sexual Violence?
An Umbrella Term, including:
a sexual act/sexual activity, without affirmative consent, such as
Sexual assault/rape/attempted rape/forcible touching/fondling
Domestic and dating violence
Stalking, when directed at someone with whom the perpetrator has, had, or sought some form of sexual or romantic relationship
Sexual Assault: Contact is any sexual contact, including sexual touching for the purpose of sexual gratification of either party or degrading or abusing such person, without a person’s consent. Examples are provided in City Tech’s Policy on Sexual Misconduct at: The City University Of New York Policy On Sexual Misconduct see pages 6.
Sexual Assault: Penetration is any form of vaginal, anal, or oral penetration or attempted penetration, however slight, by a penis, object, tongue, or finger without a person’s consent.
What is Voyeurism?
Unlawful surveillance and includes acts that violate an individual’s right to privacy in connection with their body and/or sexual activity, such as:
Recording images (e.g. video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness where that person would have a reasonable expectation of privacy, without that person’s consent;
Disseminating images (e.g. video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure;
Viewing another person's sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent.
Using, installing, or permitting the use or installation of a device,without a person’s consent, for the purpose of recording another person’s sexual activity, intimate body parts or nakedness in a place where the person would have a reasonable expectation of privacy.
Who Are The Victims Of
Sexual Harassment, Gender-Based Harassment
And/Or Sexual Violence?
Anyone – of any gender, gender identity, gender expression, including transgender status, sexual orientation, physical or mental ability, religious affiliation, citizenship status, race, class or educational level – can be a victim of sexual harassment and/or sexual violence.
For example, the scenarios depicted in the video clips included in this presentation could occur between individuals of any gender, gender identity or sexual orientation, including individuals of the same sex and gender.
Forms Of Sexual Harassment
Some examples of conduct that might constitute sexual harassment are:
Suggestive body language or inappropriate or unwelcome physical contact;
Verbal abuse or offensive comments of a sexual nature, including sexual slurs, persistent or pervasive sexually explicit statements, questions, jokes or anecdotes, degrading words regarding sexuality or gender, suggestive or obscene letters, notes, or invitations;
Making lewd or sexual comments about an individual’s appearance, body, or clothing;
Visual displays or distribution of sexually explicit drawings, pictures, or written materials;
Undue and unwanted attention, such as repeated inappropriate flirting, staring or making sexually suggestive gestures, or
Offensive comments regarding a person’s sexual orientation, gender identity or gender expression, such as persistent mocking or disparagement of a person based on a perceived lack of stereotypical masculinity or femininity
Video: Forms of Sexual Harassment
Forms of Gender-Based Harassment
Gender-Based Harassment includes:
Intentionally using the wrong pronoun to identify a transgender individual can be a form of harassment.
Mocking an individual’s appearance or clothing as more suited to an individual of the opposite sex can be a form of harassment.
Video: Forms of Sexual Violence
Forms of Sexual Violence: Stalking
It is engaging in a course of conduct, based on sex, directed at a specific person that would cause a reasonable person to:
Fear for their safety or the safety of others, or
Suffer substantial emotional distress
Stalking includes cyber-stalking — using electronic forms of communication, including social media, to engage in the conduct described above.
Forms of Sexual Violence: Dating and Domestic Violence
Dating and/or Domestic Violence can be a single act or a pattern of coercive behavior that can include physical, psychological, sexual, economic and emotional abuse.
It can consist of actions or threats of actions that intimidate, humiliate, isolate, frighten, coerce, threaten, blame or hurt someone.
Dating and Domestic Violence are further defined in City Tech’s Sexual Misconduct Policy.
Preventing Sexual Harassment and Sexual Violence
Protecting Yourself
Protect Yourself
Communicate clearly with your partner.
Safety in numbers - go to a party/bar with friends, not alone.
Keep track of your friends and leave with them.
Do not leave alone or with someone you do not know.
Protect Yourself - Drinking
If you choose to drink, be responsible. Drinking alcohol greatly increases the risk of sexual assault.
Know what is in your drink, regardless of whether it contains alcohol.
Open a can yourself
Make your own drink
Avoid punch bowls
Otherwise, drugs that incapacitate you can be added to your drink.
Need help getting home? Need an interruption? Two touches lets your circle know where you are and how they can help. Icons represent actions so that no one can tell what you’re up to.
Don't Be a Perpetrator —
What is Affirmative Consent?
Affirmative Consent is a knowing, voluntary and mutual decision among all participants to engage in sexual activity.
Consent can be withdrawn at any time.
Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.
What Is Affirmative Consent?
Each person must clearly communicate their willingness and permission to engage in sexual activity. It must be a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent cannot be given when a person is incapacitated.
A person who is drunk or high may not be able to consent.
Failure to resist or say “no,” does not equal consent.
Silence or a lack of resistance, in and of itself, does not constitute consent.
Past consent to sexual relations does not constitute consent to subsequent sexual activity.
A person may consent to certain sexual acts and not others.
A person’s appearance or dress does not communicate consent.
A person under 17 years old cannot consent to sexual intercourse under New York law.
You Must Obtain Consent
Remember, the decision to engage in sex or sexual activity must be mutual.
Protect Your Friends – Bystander Intervention
If your friend is sexually assaulted, do not let them handle it alone.
Encourage your friend to call the NYPD, Campus Public Safety and/or the Title IX Coordinator.
Encourage your friend to seek counseling.
Encourage your friend to seek medical assistance.
Encourage your friend to preserve evidence.
Protect Your Friends
You should not intervene in a situation that will put your safety at risk.
However, there are things you can do to stop a potentially dangerous situation.
If you observe a sexual assault, call 911.
If you can do so safely, take a picture of the perpetrator.
Video: Protect Your Friends
Protect Your Friends - Amnesty for Drug or Alcohol Use
If you are the victim of or observe sexual violence while under the influence of drugs or alcohol, you should report the incident and seek medical help.
This policy does not protect you from discipline for other misconduct such as sexual assault, drug sales, causing or threatening physical harm, damaging property or hazing.
Preserve Evidence
If you or a friend were the victim of sexual violence:
Preserve any possible evidence, including clothing, electronic communications, voice mails.
Store clothing in a paper bag if possible.
Do not shower or wash or brush your teeth.
If the attack took place in a dorm room or other indoor area, do not rearrange any furniture or objects.
Seek medical attention immediately so evidence is preserved.
Ask for a rape exam.
CUNY’s & City Tech’s Sexual Misconduct Policy and Procedures
Related Policies:
CUNY Policy on Equal Opportunity and Non-Discrimination
Workplace Violence Policy
Domestic Violence Policy
Student-Employee Relationships
Faculty members and other employees are prohibited from engaging in consensual intimate relationships with students for whom they have a professional responsibility. For example
Athletic coaches cannot engage in intimate relationships with students on their teams.
Professors cannot engage in intimate relationships with students in their courses.
What Happens if I File a Complaint?
All student complaints of sexual misconduct are promptly investigated by the Title IX Coordinator, with assistance from Public Safety and Student Affairs where appropriate.
More details on investigations are in the Sexual Misconduct Policy and available by contacting the Title IX Coordinator.
Details on the Student Adjudicatory Process are in the Sexual Misconduct Policy and available by contacting the VP of Student Affairs.
All students are encouraged, though not required, to report incidents of sexual assault to the NYPD. Public Safety will provide assistance with this.
Supportive Measures and Accommodations
Supportive measures and accommodations are available from the College to complainants, respondents and other affected parties.
For example, the College may offer:
Security escort
Class rescheduling/reassignment
Counseling
Academic Assistance
No Contact Order
Orders of Protection
An Order of Protection (OOP) is a court order, authorized by a Judge, informing an individual to stay away from a complainant.
The College does not have the ability to grant an OOP but Public Safety will help enforce an order.
Be sure to advise the Title IX Coordinator or Public Safety if you have an Order of Protection against another individual.
Confidentiality
What if I am not ready for an investigation that might disclose my identity?
The College encourages you to report the incident to one of the College’s mental health counselors.
These counselors can talk to you confidentially, with rare exceptions, and can help you make the best decision for you.
Confidentiality/Privacy
Certain employees have a duty to report any incident of sexual violence or sexual harassment to the Title IX Coordinator.
Responsible Employees cont’d
CUNY has designated the following individuals, at the College, as those who must report to the Title IX Coordinator:
College Title IX Coordinator staff
Office of Public Safety Employees (all)
VP For Student Affairs or Dean of Students and all staff housed in those offices (other than staff that are designated as confidential employees)
College President, Vice Presidents and Deans
Athletic Staff (all)
Department Chairpersons/Executive Officers
Directors and Deputy Directors of Human Resources
College unit attorneys
College/unit labor designee
International Educational Liaisons/Study Abroad Campus Directors and Field Directors
Faculty and staff members at times when they are leading or supervising students on off-campus trips
Faculty or staff advisors to student groups
Managers or supervisors, regarding alleged Sexual Misconduct involving people who report to them
College Childcare Center staff (all)
What Is Retaliation?
Retaliation is adverse treatment of an individual as a result of that individual’s reporting Sexual Misconduct, assisting someone to report Sexual Misconduct, opposing in a reasonable manner an act or policy believed to constitute Sexual Misconduct, or participating in any manner (or refusing to participate) in an investigation or resolution under the College’s Sexual Misconduct Policy (SMP).
Adverse treatment includes intimidation, threats, coercion, or discrimination for the purpose of interfering with any right or privilege secured by the SMP. All individuals are prohibited from engaging in retaliation, including complainants, respondents and others, such as friends or relatives of the parties.
