The New York Academy is committed to the principle of equal opportunity and equal treatment for every prospective and current student in accordance with the law. It is the policy of the Academy not to discriminate against individuals on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, ancestry, national or ethnic origin or any other protected category in the administration of its educational policies, admissions policies, employment policies, scholarship and loan programs, and other Academy-sponsored programs and activities.

SEXUAL MISCONDUCT POLICY

NON-DISCRIMINATION POLICY

SUPPLEMENTAL WORKPLACE SEX-BASED HARASSMENT POLICY

The New York Academy of Art is committed to providing a working, learning, and living environment free from unlawful discrimination and harassment and to fostering a nurturing and vibrant community founded upon the fundamental dignity and worth of all of its members. The Academy does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, military status, marital status, partnership status or any other legally protected characteristic, in admissions, financial aid, or employment, or in the administration of any Academy program or activity.

Consistent with its commitment and with applicable laws, the Academy prohibits discrimination on the basis of membership in a protected class, discriminatory harassment, sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence and stalking and further prohibits knowingly assisting another in committing such an act. The Academy is committed to provide those who feel that they have been subjected to conduct in violation of this policy with mechanisms for seeking redress and resources for support. Accordingly, the Academy prohibits retaliation against any person for complaining of a violation of this Policy or for participating in any investigation or proceedings related to an alleged violation.Community members are protected from sexual misconduct regardless of their sex, sexual orientation, immigration status, citizenship status or national origin, or any other protected characteristic.

If you are in immediate danger, dial 911 and attempt to get to a safe place.

Members of the Academy Community should report incidents to a Responsible Employee.

Formal complaints may be filed with the Title IX Coordinator in person, by mail, or by electronic mail to the Academy’s Title IX Coordinator Gahbaie Jobity Ph.D, 111 Franklin Street, New York, NY 10013 or (212) 842-5129 or gjobity@nyaa.edu.

Complaint Form

A Responsible Employee is an individual designated by the Academy to respond on the Academy’s behalf to allegations of violations of this Policy. A Responsible Employee is a Non-Confidential Resource. The Academy encourages reporting directly to either the Title IX Coordinator or to the Title IX Team, President, Provost, CFO, Administrative Directors, Vice President of Development, Faculty Chair(s), and Full-time and Adjunct Faculty, each of whom is a Responsible Employee.

An individual who reports an incident to an Academy employee or office other than one of the Responsible Employees listed above risks that the information may not be acted upon by the Academy. Therefore, a person who wishes for the Academy to take action is strongly encouraged to report to one of the offices listed above.

Title IX Team

Gahbaie Jobity Ph.D
Title IX Officer
Director of Human Resources
111 Franklin Street, New York, NY 10013
gjobity@nyaa.edu
(212) 842-5129
(917)-795-5305

Harry Michas
Deputy Title IX Investigator, Chief of Staff
111 Franklin Street, New York, NY 10013
hmichas@nyaa.edu
(212) 842-5976

Tim Buckley 
Deputy Title IX Investigator, Operations Manager
111 Franklin Street, New York, NY 10013
tbuckley@nyaa.edu
(212) 842-5969

If you are in immediate danger, dial 911 and attempt to get to a safe place.

Referral services provided by the Academy are available to all students.  External agencies generally provide free consultation and crisis services but may require use of insurance or payment of fees for other services.  The Title IX Coordinator and/or Director of Student Affairs will work with any student to address financial issues or concerns and ensure that costs are not a barrier to support of treatment.

MEDICAL ATTENTION AND EVIDENCE PRESERVATION

If you are in immediate danger, dial 911 and attempt to get to a safe place.

The preservation of evidence in incidents of sexual assault is critical to potential criminal prosecution and to obtaining restraining orders, and particularly time-sensitive. Victims of sexual violence, including sexual assault, dating violence, domestic violence, and stalking, are encouraged to seek prompt medical attention and to report the incident to the police.  To gain assistance in getting to an emergency room, a victim can call 911 or notify the Academy’s Director of Campus Security, security guards or a Title IX Team member.

Recommended Actions for Preserving Evidence

1. Seek forensic medical assistance at a hospital, ideally within 120 hours of the incident (sooner is better).
2. Avoid showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do.
3. Try not to urinate.
4. If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
5. If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence).
6. Seeking medical treatment can be essential even if it is not for the purposes of collecting forensic evidence.

HOSPITALS

PRIVILEGED AND CONFIDENTIAL RESOURCES

Community members can seek assistance from an off-campus crisis center, which can provide confidentiality, sharing options and advice without any obligation to inform Academy staff members unless requested.

STUDENTS’ BILL OF RIGHTS IN CASES INVOLVING SEXUAL ASSAULT, DOMESTIC/DATING VIOLENCE AND STALKING

All students have the right to:

• Make a report to local law enforcement and/or state police;
• Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously;
• Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the New York Academy of Art (the “Academy”);
• Participate in a process that is fair, impartial and provides adequate notice and a meaningful opportunity to be heard;
• Be treated with dignity and to receive from the Academy courteous, fair and respectful health care and counseling services, where available;
• Be free from any suggestion by an Academy official that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
• Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
• Be protected from retaliation by the Academy, any student, the accused and/or the Respondent and/or their friends, family and acquaintances within the jurisdiction of the Academy;
• Access to at least one level of appeal of a determination;
• Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused or Respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice or judicial or conduct process of the Academy.

STATEMENT OF RIGHTS IN CASES INVOLVING
SEXUAL ASSAULT, DOMESTIC/DATING VIOLENCE AND STALKING

Anyone reporting an incident of sexual assault, domestic or dating violence or stalking has the right to:

• Notify Campus Security, Local Law Enforcement or the New York State Police.
• Emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual and who can provide information, including:
  • options to proceed, including the right to make a report to Campus Security (reports to Campus Security are reported to the Title IX Coordinator), Local Law Enforcement and/or the New York State Police or choose not to report; to report the incident to the Academy; to be protected by the Academy from retaliation for reporting an incident; and to receive assistance and resources from the Academy, as set out in the New York Academy of Art Sex-Based Misconduct Policy and Procedure;
  • where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;
  • that the criminal justice process utilizes different standards of proof and evidence than the Academy’s misconduct procedures and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the District Attorney;
  • whether the person they are reporting to is authorized to offer the confidentiality or privacy; and
  • any other reporting options.
• If they are a student, to contact Amanda Jurist; or to contact non-Academy confidential resources, including the New York State Office of Victim Services at 1(800) 247-8035 or https://ovs.ny.gov
• Disclose confidentially the incident and obtain services from the state or local government;
• Disclose the incident to the Academy’s Responsible Employees who can offer privacy or, in appropriate cases determined by the Title IX Coordinator, confidentiality, subject to the Academy’s Sex-Based Misconduct Policy and Procedure, and can assist in obtaining resources for reporting individuals;
• File a report of sexual assault, domestic violence, dating violence and/or stalking and consult the Title IX Coordinator and other appropriate Academy personnel for information and assistance. Reports shall be investigated in accordance with Academy policy. A reporting individual’s identity shall remain private if that is what the reporting individual wishes, however privacy is not the same as confidentiality and private information can be shared as necessary to implement and fulfill the Academy’s obligations under the law and its policies and procedures;
• Disclose, if the accused is an Academy employee of the institution, the incident to Human Resources or to request that a confidential or private employee assist in reporting to Human Resources;
• Receive assistance from appropriate Academy representatives if interested in initiating legal proceedings in family court or civil court, such assistance to consist of facilitation in contacting appropriate local agencies who can provide direct assistance with court proceedings; and
• Withdraw a complaint or involvement from the Academy processes at any time, with the understanding that in appropriate cases, the Academy may nonetheless be required to proceed even if the reporting individual does not wish to do so.

The New York Academy of Art believes that sexual violence prevention training and education cannot be accomplished via a single day or a single method of training. The Academy will continue to educate all new and current students using a variety of best practices aimed at educating the entire community in an effort to decrease violence and maintain a culture where sexual assault and acts of violence are not tolerated.

All new students will receive training on the following topics:

• The Academy prohibits sexual harassment, including sexual violence, domestic violence, dating violence, stalking, other violence or threats of violence, and will offer resources to any victims/survivors of such violence while taking administrative and conduct action regarding any accused individual within the jurisdiction of the Institution.
• Relevant definitions including, but not limited to, the definitions of sexual violence and consent.
• Policies apply equally to all students regardless of sexual orientation, gender identity, or gender expression.
• The role of the Title IX Coordinator, Campus Security Team, and other relevant offices that address violence prevention and response.
• Awareness of violence, its impact on reporting individuals (victims/survivors) and their friends and family, and its long-term impact.
• The Students’ Bill of Rights, including:

• How to report sexual violence and other crimes confidentially, and/or to college officials, campus law enforcement and security, and local law enforcement.
• How to obtain services and support.
• Bystander Intervention and the importance of taking action, when one can safely do so, to prevent violence.
• The protections of the Policy for Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases.
• Risk assessment and reduction including, but not limited to, steps that potential victims/survivors and potential assailants and bystanders to violence can take to lower the incidence of sexual violence.
• Consequences and sanctions for individuals who commit these crimes.

The onboarding process is not limited to a single day of orientation. The Academy will conduct these trainings for all new students. Each campus shall use multiple methods to educate students about sexual violence prevention.  The Academy will also share information on sexual violence prevention via the institution’s website’s Student Consumer Information page. Students at the Academy are offered general and specialized training in sexual violence prevention compliant with the requirements of the Violence Against Women Act. The Academy will, as appropriate, provide or expand specific training to include groups such as international students, students that are also employees, leaders and officers of registered/recognized student organizations.

Methods of training and educating students may include, but are not limited to:

• Course syllabi;
• Posters, bulletin boards, and other targeted print and email materials;
• Partnering with State and local community organizations that provide outreach, support, crisis intervention, counseling and other resources to victims/survivors of crimes to offer training and education.
• Outreach and partnering with local business which attract students in order to advertise and educate about these policies.
• All-Student and Quality Assurance Committee meetings;

The Academy provides a variety of reasonable accommodations and services in accordance with the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Reasonable accommodations are modifications or alterations intended to provide equal access or improve accessibility to physical, programmatic, and academic areas of the university and to “level the playing field” for students with disabilities. Students are advised to meet with their professors to discuss the testing and academic accommodations that they anticipate needing for each class, to self-disclose their disability status to faculty and staff when appropriate, and exercise self-advocacy to meet their disability-related needs.

Students requesting accommodations based on disability status should provide the Academy with appropriate medical documentation. The documentation should state the specific disability and include recommended accommodations with a rationale if needed. The documentation must be typed and submitted by a licensed healthcare professional qualified to diagnose the disability and recommend these accommodations. The Academy has the right to request supplemental documentation if it is determined that the information in the initial documentation is incomplete or inadequate, or that the qualifications of the healthcare provider or professional are in question. All documentation will be kept confidential as outlined in the section on confidentiality.

Affirmative consent is a knowing, voluntary, and
mutual decision among all participants to engage in sexual activity. 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. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
• Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
• Consent may be initially given but withdrawn at any time.
• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or ther intoxicants may be incapacitated and therefore unable to consent.
• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
• When consent is withdrawn or can no longer be given, sexual activity must stop.