Gender-Based Misconduct Policy

Relay does not tolerate gender-based discrimination and harassment, including sexual assault and all other forms of gender-based misconduct, in Relay’s physical spaces, digital spaces, including during Relay events (including on-premise and off-premise events). Title IX, the Violence Against Women Act (VAWA), and state laws such as the New York Education Law Article 129-B (Enough is Enough) and the Illinois Preventing Sexual Violence in Higher Education Act further require that Relay take specific steps to stop gender-based misconduct, remedy its effects, and prevent its recurrence. Sexual harassment, sexual assault, sexual exploitation, gender-based harassment, stalking, domestic violence, and dating violence are just some examples of gender-based misconduct and will not be tolerated at Relay. These behaviors do not need to be sexual in nature to be considered gender-based misconduct.

Gender-based misconduct can be carried out by school employees, students, and third parties. All students can experience gender-based harassment, including male and female students, LGBTQ+ students, students with disabilities, and students of different races, national origins, and ages. Title IX protects all students from gender-based harassment, regardless of the gender of the parties, including when they are members of the same gender. Similarly, Relay will not tolerate harassing, violent, intimidating, or discriminatory conduct by any member of the Relay community.

The goal of this policy is to create a community not impaired by gender-based misconduct of any kind by providing definitions of gender-based misconduct, avenues for those affected by gender-based misconduct to obtain assistance, and a prompt and equitable complaint-and-investigation procedure for all members of the Relay community ^. For the purposes of this policy, the Relay community includes, but is not limited to, students, faculty members, staff, applicants, vendors, visitors, and guests. 

Jurisdiction

This policy applies to conduct occurring both on and off campus during any Relay class, program, or activity, including academic programs, admissions, recruitment, financial aid, and employment.

The Title IX coordinator is responsible for ensuring compliance with Title IX, overseeing training and education, and gathering and reporting information to the campus community. The Title IX coordinator is available to answer any questions related to this policy, definitions, procedures, resources, reporting options, and remedial and safety measures.

Relay’s Title IX coordinator is: Dr. Nichelle Bowes, 25 Broadway, 3rd Floor, New York, NY 10004, [email protected] or (212) 228-1888.

Relay encourages individuals to report all gender-based misconduct immediately to the Title IX coordinator or an appropriate designee(s), or any other Relay staff member. Relay will fully and promptly investigate all formal reports of misconduct and will take appropriate action.

Inquiries concerning the application of Title IX may also be directed to: U.S. Department of Education Office for Civil Rights, Lyndon Baines Johnson Department of Education Building, 400 Maryland Avenue, SW, Washington, DC 20202-1100, (800) 421-3481, [email protected]. 

Retaliation

Retaliation is prohibited by Title IX and under Relay’s policy. Relay will not tolerate any form of retaliation and any attempt by a member of, or visitor to, the Relay community to intimidate, penalize, or threaten a person who is involved in a report or investigation of discrimination, misconduct, or harassment is strictly prohibited. Any person found to have participated in an act of retaliation will be disciplined in accordance with Relay’s code of conduct. Knowingly making a false report of discrimination or harassment may be considered retaliation under certain circumstances. 

Definitions

The following definitions and guidance are intended to assist students in understanding and complying with Relay’s policies. However, please note that they are not exhaustive. It is important to note that Relay follows all applicable federal, state, and local laws and regulations that may be relevant to the topics discussed in this section.

In the event of any discrepancies between this section and any law or regulation, the law or regulation will take precedence. Students should familiarize themselves with relevant laws, consult Relay resources, and seek external advice for questions or concerns.

Prohibited Behavior

Gender-based misconduct encompasses a broad range of behaviors including sex and/or gender discrimination, which may or may not be sexual in nature. Sexual harassment, sexual assault, and intimate partner violence such as domestic violence, dating violence, and stalking are examples of other types of gender-based misconduct prohibited by law and under this policy. Gender-based misconduct can be perpetrated by anyone regardless of gender identity and can occur between people of the same or different sex or gender.

Examples of gender-based misconduct include pressure to date or engage in a romantic or intimate relationship; unwelcome touching, kissing, or hugging; inappropriate remarks about a person’s gender, gender expression, or sexual orientation; inappropriate sexual innuendo or humor; unnecessary or unwelcome references to parts of the body; and forced sexual activities.

Definitions Pertaining to Gender-Based Misconduct

The definitions and guidance provided below are intended to help students understand and comply with Relay’s policies. However, it is essential to note that Relay adheres to all applicable federal, state, and local laws and regulations that may be relevant to the topics discussed in this section.

In case of discrepancies between this section and any law or regulation, the law or regulation prevails. Students should familiarize themselves with relevant laws, consult Relay resources, and seek external advice for questions or concerns.

Sexual Harassment

Sexual Harassment is a type of sex- or gender-based discrimination and is prohibited by Title IX and by Relay. Sexual harassment may include unwelcome sexual advances, requests to engage in sexual conduct or for sexual favors, and other behavior of a sexual nature where:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment;

• Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; and/or

• Such conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access.

Sexual harassment can be verbal, visual, or physical, and it can occur regardless of the relationship, position, gender, or sexual orientation of the parties involved. It can be overt (e.g., a suggestion that a person can get a higher grade by submitting to sexual advances), or implied from conduct or circumstances. Sexual harassment can also consist of unwelcome attempts to transform an educational or professional relationship into a personal one. It may include severe, persistent, and pervasive unwelcome sexual flirtation or inappropriate or derogatory language, including jokes involving individuals or classes of people, or persistent requests for dates. A single incident or few incidents may not necessarily amount to harassment, but a single extreme incident could constitute prohibited discrimination or harassment. Sexual harassment can also include the display of offensive materials, unwelcome physical contact, or serious physical abuse such as sexual assault or rape.

Sexual Assault

Sexual Assault is any nonconsensual, intentional physical contact of a sexual nature. Sexual assault includes:

• Nonconsensual Sexual Contact: Any intentional sexual touching, however slight and with any object or body part, that is without consent (as defined in this policy) and/or by threat, intimidation, coercion, duress, violence, or by causing a reasonable fear of harm. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.

• Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, forcibly or without affirmative consent or where the victim is incapable of affirmative consent due to mental or physical incapacity. Statutory rape is non-forcible sexual intercourse with a person who is under the statutory age of consent. The age of consent varies by state. In New York and Illinois, the age of consent is 17.

Domestic Violence

Domestic Violence may include violent acts by a current or former spouse; by a person with whom the victim shares a child in common; by a person who is or has cohabitated with the victim as a spouse; by a person similarly situated to a spouse; between a parent and child; between members of the same household in an intimate relationship; or by any other person similarly situated. Domestic violence can be physical, sexual, emotional, or economic in nature.

Dating Violence

Dating Violence can be violent or abusive behavior used by one partner to gain or maintain control over another partner. It can be violence committed by a person who is or has been in a social, romantic, or intimate relationship with the victim. The existence of such a relationship will be determined by factors such as the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved.

Intimidation

Intimidation refers to implied threats or acts that reasonably cause another to fear for their safety or well-being.

Stalking 

Stalking is unwanted or obsessive attention by an individual or group toward a specific person that would cause a reasonable person to fear for their safety, the safety of others, or to suffer substantial emotional distress. Stalking behaviors may include, but are not limited to, repeatedly following someone, sending or leaving unwanted gifts, making repeated unwelcome phone calls, and monitoring an individual online via social media, email, or other technology without their consent. It may also include other unwanted observation or surveillance. This list is not exhaustive, and other behaviors may also constitute stalking. 

Affirmative Consent

Affirmative Consent (“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. This definition 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 other 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;

• Consent cannot be inferred by an individual’s manner of dress; 

• When consent is withdrawn or can no longer be given, sexual activity must stop; and

• The age of consent varies by state. According to New York and Illinois law, children under 17 years of age cannot legally consent to sex or sexual contact with an adult (i.e., someone who is 17 years of age or older). Any sexual contact in New York and Illinois between a child under 17 and an adult is a crime, and any such illegal behavior between Relay students under 17 and a Relay employee or employee of a contracted service provider to Relay will be reported to an appropriate law enforcement agency. Other jurisdictions may have different standards, and any illegal behavior in such jurisdiction also will be reported to the appropriate law enforcement agency.

Incapacitation

Incapacitation 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 other intoxicants may be incapacitated and therefore unable to consent. Evaluating incapacitation requires an assessment of an individual’s:

• Decision-making ability

• Awareness of consequences

• Ability to make informed judgments

• Capacity to appreciate the nature and the quality of the act, and

• Level of consciousness

An individual is in violation of this policy if they engage in sexual activity with a person the individual knows or reasonably should know is incapable of making a knowing, reasonable decision about whether to engage in sexual activity.

Confidentiality may be offered to non-mandatory reporters who wish to report known incidents of sexual assault or other crimes to Relay. For a list of confidential resources at Relay, please see Appendix B. Members of Relay faculty and staff are mandatory reporters and cannot offer confidentiality, although they can offer privacy to the extent appropriate. 

For Students Residing in Illinois

Pursuant to the Preventing Sexual Violence in Higher Education Act, students enrolled at our Chicago campus are entitled to confidential advisors. Students at our Chicago campus may contact our community-based sexual assault–crisis partner, Resilience, by calling (773) 907-1062. This is not a crisis hotline. If students are in crisis and in the Chicago area, they should call the Rape Crisis Hotline at (888) 293-2080. 

Privacy may be offered by an individual when such an individual is unable to offer confidentiality under the law. Privacy means that a person will not disclose information unless necessary to comply with this policy and applicable laws. 

Alcohol- and/or Drug-Use Amnesty

The health and safety of all students at Relay are of utmost importance. Relay recognizes that students who have been under the influence of alcohol and/or drugs at the time that violence including, but not limited to, domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Relay strongly encourages students to report all incidents of domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith (an honest belief that the information provided is true and complete, without any intent to deceive, manipulate, or evade responsibility for any policy or legal violations) or a reporting individual acting in good faith who discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Relay or law enforcement will not be subject to disciplinary action for violations of Relay’s alcohol- and/or drug-use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault. Relay also reserves the right to grant amnesty for violations of Relay policies or procedures in additional circumstances.   

Safe Bystander Interventions

Observers of a sexual assault or other types of gender-based misconduct such as domestic violence, dating violence, or stalking may be able to help the victim. However, it is important that students do so in a positive manner and in a way that keeps students and the victim safe. Appropriate interventions will depend on the situation. Safe and appropriate options for bystanders may include calling the public-safety office in violent or potentially violent situations, intervening if students believe someone is in a potentially uncomfortable or unsafe situation, and/or encouraging the target of such conduct to report the incident and seek support.

It is imperative that bystanders report sexual assault, harassment, and other forms of gender-based misconduct, even if those involved in reporting the alleged misconduct may be violating other Relay policies. Relay expects that members of the community will look out for one another and immediately report troubling behavior so that Relay can put a stop to it, address the effects of the behavior, and prevent its recurrence. 

Confidentiality 

Any Relay official (e.g., faculty member, dean) informed of possible discrimination, harassment, or gender-based misconduct must report it to the Title IX coordinator.

Students who prefer to report an incident confidentially may do so using confidential resources listed in Appendix B and Confidential Advisors.

Relay officers and employees who cannot guarantee confidentiality will maintain students’ privacy to the greatest extent possible. The information students provide to a nonconfidential resource will be shared only as necessary for the Title IX coordinator to investigate and/or seek a resolution.

If a reporting individual discloses an incident to a Relay employee who is responsible for responding to or reporting gender-based misconduct and does not wish to share their identity with certain parties or does not consent to Relay’s initiation of an investigation, Relay may still elect to investigate the allegations and address the conduct in an effort to provide a safe, nondiscriminatory environment for all members of its community.  

Confidential Reporting Options

Should students want to report or discuss an incident confidentially, resources outside of Relay are available. Confidential resources are only those listed in Appendix B and in Confidential Advisors.

Nonconfidential Reporting Options Within Relay

Should students want to report or discuss an incident without confidentiality, they should contact Relay’s Title IX coordinator, Dr. Nichelle Bowes at [email protected], or they should contact [email protected].
 

For other discriminatory conduct not covered by this policy, please refer to the Nondiscrimination Policy and Harassment Policy as appropriate in the Student Handbook. If students have any questions about which policy and procedure may apply, they should contact [email protected]. 

^ For other discriminatory conduct not covered by this policy, please refer to the Nondiscrimination Policy and Harassment Policy as appropriate in the Student Handbook. If students have any questions about which policy and procedure may apply, they should contact [email protected].