Student Code of Conduct
Student Code of Conduct
Section 1 – Introduction
NYIT is committed to the philosophy of educating its students through rational inquiry, discourse, and cooperative resolution of controversial issues. To achieve and support the educational mission and goals of the college, to create an environment where all students have the same opportunity to succeed academically, and to promote health and safety, NYIT has established policies that set minimum standards for student behavior. As an institution of higher education, NYIT encourages students to rise above the minimum standards, and works to build a community of learners where all members of the college community show respect for the views of others and accept responsibility for their own actions. Individuals and groups have the right to the freedom of expression, but they must at all times respect the rights of others. The deliberate violation of established rules or procedures at NYIT is unacceptable to building a learning community. NYIT will act immediately to protect life and property, while maintaining and balancing the rights of students and the NYIT community. The right of every student to learn will be protected through enforcement of the NYIT Student Code of Conduct.
Every student who accepts enrollment at NYIT thereby agrees to abide by all policies, rules, and regulations published at the college. The following policies, deemed the Student Code of Conduct, govern conduct of all students, their guests, as well as visitors to any NYIT campus or facility. These policies provide students, faculty, and staff with guidelines regarding the expectations for responsible participation in the educational community, as well as offer information regarding consequences for violating such expectations. The code is intended to preserve community standards, including the pursuit of academic integrity, safety, health, and welfare of all members within the NYIT community. This Student Code of Conduct does not govern students at the NYIT College of Osteopathic Medicine, NYIT's international campuses, or the Vocational and Graduate Independence Programs. Those programs have developed their own codes of conduct for registered students.
Section 2 – Definitions
a. Appellate Body
The term "appellate body" means any person, persons, or committee authorized by the president or designee to consider an appeal from a student conduct body's determination that a student has violated the Student Code of Conduct or from the sanctions imposed by the judicial body.
The terms "code," "student code," "code of conduct," "NYIT Student Code of Conduct," "NYIT code of conduct" refer to the NYIT Student Code of Conduct.
The terms "institution" or "NYIT" mean New York Institute of Technology or any of its subsidiaries, unless noted otherwise in this code.
The term "instructor" means any person hired by the institution to conduct classroom activities.
The term "investigator" refers to an NYIT official who may be assigned to investigate a case in order to represent findings to a student conduct body.
f. NYIT Community
The term "NYIT community" includes any person who is a faculty, staff, student, or any person employed by NYIT or visiting NYIT. A person's status in a particular situation shall be determined by the dean of students (or designee).
g. NYIT Official
The term "NYIT official" includes any person employed by NYIT and who performs assigned administrative or professional responsibilities.
h. NYIT Campus
The term "NYIT campus" includes all land, buildings, facilities, and other property in the possession of NYIT, meaning all areas owned, used, leased, or controlled by NYIT, including adjacent streets and sidewalks.
The term "student" includes any person who is taking courses at the institution, both full-time and part-time, pursuing undergraduate, graduate, professional, or distance-learning courses. In addition, persons who are not officially enrolled for a particular semester or term but who have a continuing relationship with NYIT are considered "students." If a student's enrollment lapses for more than one academic year, the student will not be subject to disciplinary action under the Student Code of Conduct until re-admission to NYIT; students who are employees and/or in positions of student leadership (including athletes) at NYIT are governed under the policies set forth by the department managing the employment or leadership relationship.
j. Student Conduct Body
The term "Student Conduct Body" means any person or persons (e.g. Student Conduct Officer, Student Conduct Board) authorized by the president or designee to determine whether a student has violated the Student Code of Conduct and to impose sanctions.
k. Student Conduct Officer
The term "student conduct officer" (or "conduct officer") means an NYIT official authorized by the president or designee to determine whether a student has violated the Student Code of Conduct and to impose sanctions. A conduct officer may serve simultaneously as one of the members of a Student Conduct Board. The Student Conduct Officer also serves as the chair of the Student Conduct Board.
l. Student Organization
The term "student organization" means any number of persons or group who are currently registered or recognized by an official NYIT department, program, or office, including, but not limited to, student clubs, sports clubs, honor societies, intramural teams, and Greek letter organizations.
Section 3 – Student Conduct Authority
- The president of New York Institute of Technology is ultimately responsible for the administration of the Student Code of Conduct and all student conduct processes for all students at the institution. Administrative authority and responsibility for conduct policies and procedures is delegated to the vice president for student affairs.
- Within the division of Student Affairs, direct supervisory jurisdiction of conduct matters involving violations of the Student Code of Conduct is assumed by the dean of students (or designee), who serve as the chief student conduct officers for the institution. Cases involving an alleged violation of the Student Code of Conduct that occur in a residence hall either by a student resident or guest, with the possible exception of cases that may result in suspension or expulsion from NYIT, may be handled by the director of housing and residential life or designee(s).
- The vice president for student affairs (or designee) shall determine the composition of student conduct bodies and appellate bodies and determine which student conduct body, student conduct officer, and appellate body shall be authorized to hear cases.
Section 4 – Jurisdiction
Students and student organizations will be considered for conduct review whenever conduct that may be in violation of the Student Code of Conduct occurs on the NYIT campus and/or conduct that adversely affects the NYIT community. For violations that do not occur on NYIT property, action will be considered if NYIT officials decide that institutional interests are involved. Disciplinary action may be taken by NYIT for any act constituting a violation of the Student Code of Conduct, or of the federal or state law or city ordinances when the act is contrary to NYIT's interests as an academic community, including acts that threaten the lives, health, safety, and academic success of NYIT students. NYIT students or student organization will be held responsible for the actions of their guests under this code. Approved constitutions governing organizational behavior may take precedence, depending on the alleged violation. The dean of students (or designee) will determine which document prevails.
Section 5 – Offenses
A student conduct review may be initiated by NYIT and sanctions imposed against any student or student organization found responsible for committing the following prohibited forms of conduct:
a. Academic Integrity
Violation(s) of NYIT's Academic Integrity Policy (referred to later in this student handbook). All policies, procedures, and definitions applicable to other violations of the Student Conduct Code apply to violations of the Academic Integrity Policy, except as specified in that policy.
Violation(s) of NYIT's Policy on Alcohol and Other Drugs, which may be found on NYIT's website.
c. Conduct Unbecoming
Flagrant disrespect for persons, flouting of common standards of decency, behavior unbecoming of an NYIT student, on or off campus, and/or continued behavior that demonstrates contempt for the generally accepted values of the intellectual community.
d. Computer Misuse
- Unauthorized access, entry, or use of a computer, computer system, network, software, password, account, or data.
- Unauthorized alteration or degradation of computer equipment, software, network, data, or system performance.
- Unauthorized copying, downloading, or distribution of computer software or data.
- Unauthorized use of NYIT computer resources for commercial purposes or personal financial or other gain. This includes, but is not limited to, advertising a product or service on any Internet site, fundraising, or advertising on behalf of unsanctioned non-NYIT organizations, publicizing of unsanctioned non-NYIT activities, the reselling of NYIT resources, and the unauthorized use of NYIT's name or logos. Use of NYIT's network for any of these purposes, even if the user is using his or her own personal computer, constitutes an offense.
- Posting of any inappropriate or unauthorized images, messages, text, sounds, or any other format on any Internet site constitutes a violation of this code.
- Any other violation of NYIT computer use and Web page policies and the Student Organization Web Policy, which can be found on NYIT's website.
e. Disruptive Behavior
- Behavior that disrupts, impairs, interferes with, or obstructs the orderly conduct, processes, and functions of NYIT or the rights of other members of the NYIT community, including administration, disciplinary proceedings, athletic contests, or other NYIT-sponsored events and activities conducted on or off campus.
- Behavior that disrupts, impairs, interferes with, or obstructs the orderly conduct, processes, and functions within an academic classroom or laboratory. This includes interfering with the academic mission of NYIT or individual classroom or interfering with a faculty member's or instructor's role to carry out the normal academic or educational functions of his classroom or laboratory, including teaching and research.
- Behavior that is deemed reckless in that it creates a danger, real or perceived, to the safety of persons or property.
Violation(s) of NYIT's Policy on Alcohol and Other Drugs, which can be found on NYIT's website.
- Physical violence toward another person or group.
- Behavior that endangers or threatens the mental or physical health, safety, or well-being of another person or group.
- Interference with the freedom of another person or group to move about in a manner considered lawful or reasonable within an educational community.
h. Failure to Comply
- Failure to comply with a request or directive of an NYIT official (i.e., faculty, staff, administrator, residence hall staff, campus security, etc.) or non-NYIT law enforcement official in the performance of his duty.
- Failure to comply with the final decision/sanctions rendered by a student conduct hearing or review body.
- Failure to comply with the final decision/sanctions rendered by a student conduct body in the timeframe put forth by the student conduct body.
- Failure to identify oneself and/or produce identification upon request by an NYIT official (i.e., faculty, staff, administrator, residence hall staff, campus security, etc.) or non-NYIT law enforcement official in the performance of his duty.
- Failure to comply with traffic rules and parking regulations in effect for each campus.
- Failure to comply with college policies concerning the registration of campus activities, student organizations, the use of college facilities, and public assembly.
i. Falsification/Fraud/False Testimony
- Providing false or misleading information to and/or withholding or omitting information from an NYIT official or student conduct body.
- Providing false or misleading information and/or withholding or omitting information on college documents/records, including but not limited to admissions applications, grade transcripts, student identification, computer records, and other official documents.
- Misuse, reproduction, alteration, or forgery of any type of identification, document, key, or property of NYIT or a NYIT community member.
- Permitting another person to use one's NYIT-related identification.
- Use of another person's NYIT-related identification.
- Impersonation or misrepresentation, including acting on behalf of another person, group, or NYIT without authorization or prior consent.
- Impersonation or misrepresentation, including acting on behalf of another person, group, or NYIT, with or without prior consent, in such a manner to cause disruption.
- Providing a worthless check, money order, credit, or any monetary form in payment to NYIT or to a member of NYIT community.
- Any other acts of falsification/fraud/false testimony.
j. Fire and Emergency Safety
- Action(s) that result in a fire or explosion, or the possibility of such an occurrence.
- Inappropriate activation of any emergency-warning equipment or the false reporting of any emergency.
- Removing, damaging, interfering, or tampering with fire safety or other emergency-warning equipment, including smoke detectors, extinguishers, sprinklers, and/or fire and door alarms.
- Failure to evacuate an NYIT building, facility, or residence hall when a fire alarm is sounded.
- Interfering with the carrying out of emergency response and/or evacuation procedures.
- Items placed or hung from, or blocking, sprinklers or smoke detectors.
k. Harassment and/or Bullying (Other than Gender-Based Misconduct; see "p" below)
- Conduct, not of a sexual nature, (including, but not limited to, physical contact, verbal, graphic, written, or electronic communication), that creates an intimidating, hostile, or threatening environment for another person and/or group.
- Conduct, not of a sexual nature, regardless if via physical, verbal, graphic, written, or electronic communication, that threatens, harms, or intimidates another person and/or group, including, but not limited to, NYIT personnel, student conduct body, or persons involved in student conduct processes.
- Conduct, whether passive or active, related to bystander behavior that supports acts of harassment or bullying.
Any group or individual action or activity that inflicts or intends to inflict physical or mental harm or discomfort, or that may demean, disgrace, or degrade any person, regardless of location, intent, or consent of participant(s). Although hazing may be related to a person's initiation or admission into, or affiliation with, a student group or organization, it is not necessary to have direct proof that a person's initiation or continued membership is contingent upon participation in the activity for a charge of hazing to be upheld. The actions of either active or associate members (inductees/pledges) of an organization may be considered hazing. Hazing includes, but is not limited to:
- Interference with a student's academic performance.
- Forced or coerced consumption of any food, alcohol, controlled substances, drugs, or any other substance.
- Forced or coerced physical activity.
- Deprivation of food or sleep.
- Kidnapping, including restricting a person to move about in free and lawful manner.
- Physical abuse of any nature.
- Performing personal chores or errands for members.
- Verbal abuse or degradation, including yelling or demands.
- Assigning or endorsing pranks (e.g. stealing, harassing other organizations, defacing property, etc.).
- Any action or threatened action that would subject the individual to embarrassment, humiliation, or mental distress, including the use of demeaning names or games.
- Any additional definitions of hazing as set forth by New York State or local hazing laws.
m. Housing Violations
Violations of policies, rules or regulations specific to residential life as outlined in the Residential Community Living Standards, which can be found at NYIT Policies.
Dispersing litter in any form or from any point on NYIT grounds, property, or facilities, including the throwing of objects out of windows or the dispensing of cigarette butts, flyers, cans, bottles, etc.
The use or operation of rollerblades, skates, skateboards, bicycles, mopeds, hoverboards, etc. inside all of NYIT facilities (e.g., libraries, classrooms, hallways, student unions, etc.). This also includes the hallways, balconies, courtyards, lounges, and lobbies of residential facilities owned, operated, or leased by NYIT. Outdoor use of such items is prohibited if the activity or behavior is potentially harmful to others or property, if it interferes with the normal functioning of the academic community, or is expressly prohibited.
p. Violations of the Gender-Based Misconduct Policy
The Gender-Based Misconduct Policy (including same sex-based misconduct) is set forth in full detail later in this handbook.
Specific forms of Gender-Based Misconduct include but are not limited to:
- Nonconsensual Sexual Contact: This includes any type of touching, or contact with, another person's sexual or intimate parts, under or over clothing, or forcing the other person to touch the perpetrator's sexual or intimate parts. It may also include touching of other parts of the body (e.g. squeezing, grabbing or pinching) for the purpose of degrading or abusing the other person or for the purpose of gratifying the perpetrator's sexual desire.
Definition of Affirmative Consent: 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 of 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.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
- Sexual Exploitation: Taking abusive or nonconsensual sexual advantage of another. Examples include:
- Taking or transmitting sexual photographs, videos, or audiotapes without consent, or causing or permitting others to take or transmit such photographs, videos, or audiotapes without consent.
- Watching another engage in sexual activity or contact without consent; viewing another nude without consent (e.g. watching someone in the shower without consent); allowing a third party to observe sexual acts without a partner's consent.
- Sexual or Gender-Based Harassment: This includes:
- Unwelcome sexual advances, requests for sexual favors, and other nonverbal, expressive or physical conduct of a sexual nature
- Other verbal, nonverbal, or physical acts, or acts of aggression, intimidation or hostility, when based on gender or gender-stereotyping. This conduct constitutes sexual or gender-based harassment when it either substantially interferes with an individual's ability to participate in or benefit from the institution's programs or activities or creates an intimidating, hostile, or offensive environment for learning or participating in NYIT programs and activities. Examples include:
- Unwanted flirtation, advances, or propositions of a sexual nature.
- Insults, humor, jokes, or anecdotes (not legitimately related to the subject matter of a course, if one is involved) that belittle or demean an individual's or a group's sexuality or gender.
- Unwelcome comments of a sexual nature about an individual's body or clothing.
- Physically threatening a person because of his or her gender identity or expression or sexual orientation
- Domestic Violence: This includes the use of physical violence, coercion, threats, intimidation, isolation, stalking, or other forms of emotional, sexual or economic abuse directed towards:
- A current or former spouse or intimate partner;
- A person with whom one shares a child; or
- Anyone who is protected from the respondent's act under the domestic or family violence laws of New York.
- Dating Violence: This includes the use of physical violence, coercion, threats, intimidation, isolation, stalking, or other forms of emotional, sexual or economic abuse directed towards a person who is or has been in a social relationship of a romantic or sexually intimate nature with the victim. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Dating violence can be a single act or a pattern of behavior in relationships.
- Stalking: see definition under "s. Stalking" below
q. Shared Responsibility
- Failure to remove oneself from an area, room, place, or activity in which a violation of the Student Code of Conduct is occurring.
- Failure to appropriately notify NYIT officials of a violation of the Student Code of Conduct.
- Attempting to commit, soliciting another to commit, aiding or abetting the commission of any conduct that is a violation of the Student Code of Conduct.
- Pursuant to New York Public Health Law, Article 13E (New York State Clean Indoor Act) and Regulations of Smoking in Public and Work Places, smoking is prohibited in all NYIT buildings and/or sections thereof, owned, leased, or operated by NYIT. This includes, but is not limited to, classrooms, stairwells, bathrooms, offices, hallways, labs, roofs, libraries, common area of residential facilities, or private areas of residential facilities where smoking is prohibited.
- Smoking is prohibited at the entrances and exits of NYIT facilities or residence halls. Actions that cause smoke to enter into NYIT facilities or residence halls are prohibited. Smoking is prohibited in all residence hall areas as of August 2008 per NYS Law.
Intentionally and for no legitimate purpose engaging in a course of conduct directed at another person, on more than one occasion, that the student knows or reasonably should know is likely to cause a reasonable person to fear for his or her safety or the safety of others or causes the other person to suffer substantial emotional damage. Such behaviors and activities may include, but are not limited to:
- Nonconsensual communication (including face-to-face, telephone calls, voice messages, electronic mail, written letters/notes, unwanted gifts).
- Threatening or obscene gestures.
- Pursuing or following.
- Electronic or any form of surveillance and/or other types of nonconsensual observation.
t. Theft and Trespass
- Removal or use of the property or services of another person or of NYIT without prior written consent or authorization.
- Possession, use, or sale of property or services of another person or of NYIT without prior written consent or authorization.
- Entrance into any NYIT building, office, area or residence hall unit, room, class, laboratory, or athletic field when or where not authorized.
- Unauthorized use of NYIT property for personal gain or personal business practices.
- Unauthorized use of NYIT's name or logos.
Damage, destruction, or defacing of property of another person, group, or NYIT.
v. Weapons, Firearms, Explosives
- The display, possession, or use of weapons or other dangerous items or apparently dangerous items (such as replica or simulated weapons), including but not limited to firearms, explosives, ammunition, knives, swords, blackjacks, martial arts weapons, and containers of noxious material.
- The use or discharge of firearms, explosives, ammunition, noxious material, and/or other objects or substances.
w. Other Violations
- Violations of other written expectations for students as members of NYIT organizations.
- Suspected or convicted violations of other Federal, State and/or Local Laws or Ordinances.
New York Statewide and NYIT Alcohol and/or Drug Use Amnesty Policy
The health and safety of every student at NYIT is of the utmost importance. NYIT recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) 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. NYIT strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to NYIT's officials or law enforcement will not be subject to NYIT's code of conduct action for violations of alcohol and/or drug policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
a. Charged Student's Rights.
A student charged with a violation of the Student Code of Conduct has the right to:
- Clear and complete notice of the charge(s) within 15 business days (or as soon as reasonably possible) of receipt by the appropriate NYIT official of a written report or documentation of the incident (breaks, including summer, may extend this time period to 25 days).
- The opportunity to attend an Information Meeting in which the student may review relevant information in his/her student conduct file concerning the allegations.
- A fair and impartial hearing.
- An opportunity to present relevant evidence and information on his/her behalf, including presenting witnesses and/or signed, written statements, unless waived for informal resolutions or where a student accepts responsibility for the charge. The student conduct officer determines the relevance of all witnesses to a student conduct hearing.
- Question witnesses as circumstances permit. Appropriate witnesses may be called by the college to all formal hearings. Those witnesses who appear may be questioned by the student in an appropriate format determined by the student conduct officer. If a witness is called but does not appear, his/her written or recorded statements, or representation of his/her statements as obtained by an NYIT official, may be considered by the hearing body. In certain cases, where a witness refuses to participate in a hearing out of concerns for personal safety, or where it may be determined that a witness's active participation in a hearing may result in undue repercussions, witnesses may be granted the opportunity by the student conduct advisor or officer to remain anonymous in the hearing process; in such cases, an NYIT investigator will represent the statement of the witness.
- Accompaniment by an advisor of the student's choice. The advisor may not speak, serve as a witness, or represent the student before the hearing body. The advisor may not serve as a legal representative. Students must speak for themselves. (For exemptions, see Section 22, "Auxiliary Aids and Services" and "Student's Rights of the Gender-Based Misconduct Policy (including same-sex based misconduct)" later in this handbook).
- Not provide self-incriminating information. Choosing not to provide information does not constitute an admission of responsibility. However, absent a full statement, the hearing body may lend more weight to written documents and statements of witnesses. This protection from self-incrimination does not extend to student organizations or Greek letter organizations.
- Receive notification of the decision of the hearing, with the exception of recommendation for expulsion, within 15 business days after the final decision of the student conduct body. All hearing decisions will be communicated in writing (may also be orally at the discretion of the hearing body) to the charged student and will include the hearing decision, sanctions imposed (if applicable), and the appeal process.
- Appeal the decision, in writing, within five business days of the receipt of the hearing outcome. (See Section 13, Appeals.)
b. Complainant's Rights
- Offenses implicating Complainant's rights include:
- Gender-Based Misconduct
- Property (damage)
- Property (theft)
- The complainant has the right to:
- Attend an Information Meeting with the conduct officer or designee.
- Have an advisor, who is not acting as legal counsel, of the alleged victim's choice accompany him or her when presenting information to the hearing body and to any other relevant meetings held throughout the disciplinary process. The advisor may not act as a legal representative.
- Submit a complainant's impact statement to the hearing body. This information will be used only in the sanctioning phase of deliberations, if the charged student is found responsible for the charge(s).
- Remain anonymous. A complainant who is unwilling to participate in the disciplinary proceeding needs to understand that this may compromise NYIT's ability to present its case against the respondent student. In certain cases where it is determined that the complainant's active participation in a hearing may result in undue repercussions, the complainant may be granted the opportunity by the conduct officer to remain anonymous in the hearing process; in such cases, an NYIT investigator will represent the statement of the complainant. In such cases, the conduct officer (or designee) may request that the victim submit written documentation for consideration.
- Have unrelated past behavior excluded from the hearing. The conduct officer or designee will decide if such information is unrelated.
- Submit questions to the hearing body. The hearing body will then consider posing those questions to the student who is alleged to be in violation of policy.
- Provide a statement to student conduct bodies in limited privacy, as long as the process does not unduly/unreasonably compromise the ability of the student who is alleged to be in violation of policy to question witnesses. Determination will be made by the conduct officer of the Student Conduct Review Board.
- Be present throughout the entire hearing, or portions thereof. Determination will be made by the conduct officer of the Student Conduct Review Board.
- Be notified of the conduct hearing outcome and appeals outcome.
- Appeal the hearing decision in accordance with the procedures outlined in Section 13(d) below.
Student Bill of Rights in Cases of Violation of NYIT's Gender Based Misconduct Policy
Students reporting or charged with violations of NYIT's gender based misconduct policy have the following rights:
- 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 conduct process and/or criminal justice process free from pressure by the institution.
- 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 institution courteous, fair, and respectful health care and counseling services, where available.
- Be free from any suggestion 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 institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
- 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 through the conduct process including during all meetings and hearings related to such process.
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of the institution.
Judicial Bodies and Forums
There are four types of conduct forums: warning letter without a hearing, summary resolution meeting, informal hearing, and formal hearing. Generally, students and student organizations may choose which conduct forum they would like to conduct their disciplinary case. However, the dean of students (or designee) or director for housing and residential life (or designee) reserve the right to choose the appropriate forum for administrative or case-related reasons.
a. Warning Letter Without a Hearing
For minor infractions of this code, the dean of students (or designee), or director of housing and residential life (or designee) may send the student a warning letter. The letter states that if the student takes full responsibility for the alleged violation, and any imposed sanctions, then the letter will act as a warning. If the student does not accept responsibility for the alleged violation of the code, then the student must schedule an information meeting to schedule an informal or formal hearing.
b. Summary Resolution Meeting
Summary resolution meetings are for students electing to accept responsibility for the alleged violation as presented. These meetings are not recorded and are conducted by the dean of students (or designee) as the student conduct officer, or by the director of residence life and off-campus housing (or designee) for cases related to housing and residence life.
c. Informal Hearings
Informal hearings are for students electing to enable the determination of responsibility for the alleged violation to be made by the dean of students (or designee) as the student conduct officer, or by the director of residence life and off-campus housing (or designee) for cases related to housing and residence life.
d. Formal Hearings
The student conduct body for formal hearings: the Student Conduct Board, comprising the dean of students (or designee) as the chair/nonvoting capacity; up to four faculty members from different schools, appointed by the provost and vice president for academic affairs; up to four students appointed by the Student Government Association; and up to three administrators from different departments, appointed by the dean of students (or designee). The chair selects one faculty member, one student, and one administrator to hear each case and members serve on a rotating basis for cases that do not involve violations of the Gender Based Misconduct Policy. For cases involving violations of the Gender Based Misconduct Policy, students will not serve on the hearing panel. Rather, the chair will select three panel members from the appointed pool of faculty members and administrators. However, only those faculty and administrators who have completed additional training in the area of gender based misconduct will be eligible to serve in such cases. Hearings may also include an Investigator, an NYIT staff member appointed to review the case and present findings to the student conduct body. Formal hearings:
- Require the student conduct body to call relevant witnesses to provide information regarding the alleged violation.
- Will be held at least 5 business days after notice is received by the charged student; exceptions to be made by the student conduct officer in conjunction with the charged student who is considered in violation of policy.
- Allow the presence of an advisor who does not act as a legal representative.
- Will be recorded by NYIT only.
- Require that a decision letter be sent to the student within 15 business days from the conclusion of the student conduct body's deliberation and final decision.
Burden of Proof Standard
- The standard used in all conduct review cases within this Student Code of Conduct is "preponderance of the evidence." The term "preponderance of the evidence" means that the evidence, considered as a whole, indicates that it is more likely than not that the alleged behavior did violate the Student Code of Conduct.
- The burden of proof rests with the institution. The charged student is presumed to be not in violation, and his or her responsibility must be established to the satisfaction of the student conduct body by a preponderance of the evidence.
a. Initiating Charges
Any person may make a complaint and request a review of the alleged actions of a student that may violate the NYIT Student Code of Conduct, federal or state law, or local ordinances. A review for possible violations of the Code of Conduct may be initiated in the following ways:
- Filing an incident report with NYIT campus security or requesting the submission of a report from another law enforcement agency to campus security. Campus security will forward all incident reports involving the conduct of students to the dean of students (or designee).
- Providing a written and signed statement to the dean of students (or designee) or Office of Residence Life and Off-Campus Housing. Written statements should be sent to the appropriate office responsible for handling the incident, based on the person(s) involved or location of incident (see Section 3). Any statement submitted in writing from an email account must come from the person's official NYIT account if the person is a member of the NYIT community. The appropriate conduct officer will determine the appropriate course of action for the complaint. The student conduct officer or student conduct body reserves the right to request additional documentation, if appropriate.
- If the student conduct officer determines that documentation is insufficient or there are no grounds to file charges on behalf of NYIT, no charges will be filed and the individual initiating the report will be notified about the decision.
b. Filing Time
Reports must be filed with the appropriate NYIT official within 90 business days of the incident, or knowledge about the incident. However, NYIT reserves the right to exercise professional discretion to extend this filing time in cases of stalking, harassment/and/or bullying, gender-based misconduct, domestic violence, dating violence, and endangerment, etc., where the delay may be related to victimization issues.
c. Notice of Alleged Violation
The notice given to any student alleged to be in violation of the Student Code of Conduct will include the following:
- Notice of the alleged violation, including specific code(s) under consideration and a brief description of alleged offense(s) within 15 business days from receipt of an incident report or written statement.
- The student will be provided an opportunity to attend an information meeting, except in cases involving interim suspension, during which the student may review all materials to be used in his or her student conduct case, receive information regarding his or her rights and procedures used in a student conduct proceeding, and have an opportunity to select the forum in which the case will be heard (unless otherwise determined by the dean of students, director of housing and residential life, or their designee, per Section 8, Student Conduct Bodies and Forums). In addition, the student will receive information regarding the resources available to the student in preparation for his or her student conduct case.
- In cases of violations of the gender based misconduct policy, in either the notice or at the information meeting, the student will be informed of the date, time and location of the alleged offense, the factual allegations, the specific code of conduct violations and possible sanctions.
- If a student fails to respond to a request to schedule an information meeting and/or attend a scheduled information meeting, or 10 business days have expired since the date of the notification letter, the student waives his/her right to an information meeting, and the student conduct officer will select a hearing forum for the student and provide the student with notice of the hearing date.
d. Information Meeting
During the information meeting, the student will be provided the following:
- Clear and complete description of the Student Code of Conduct and brief description of the allegations to be considered.
- Information related to the student's rights and responsibilities.
- An opportunity to understand all information in his or her student conduct file.
- Information regarding the resources available to the student in preparation for his or her student conduct case.
- The right to accept responsibility for all charges and enter into a summary resolution or the right to dispute the allegation and request an informal or formal meeting hearing:
- If the student accepts the charges as presented, assumes responsibility for the violation, and agrees to a summary resolution, the student conduct officer will provide the appropriate sanction(s), in writing, to the student at that time or within 10 business days from the summary resolution. Grounds for appeal for students whose case was determined through a summary resolution is limited solely on the basis that the severity of the sanction is disproportionate with the nature of the offense.
- If the student does not accept responsibility or disagrees with the allegation, s/he may request an informal or formal hearing be conducted on the matter.
e. Hearing Notification
Students requesting an informal or formal hearing shall be afforded reasonable written notice, at least five business days prior to the hearing, unless the student waives his or her right and requests a hearing within five business days. Written notice shall include:
- A statement of the time, place, and nature of the hearing.
- A statement of the nature of the case and of the forum under which it is to be heard.
- A brief statement of the behavior of the student alleged to be in violation of this code that serves as the basis for the violation(s) being considered. If the student fails to appear at the scheduled information meeting and fails to provide adequate written notice prior to the scheduled hearing, the hearing will be held in the student's absence. No student will be found responsible for a violation of the code solely because the student failed to appear before a student conduct body. The decision of the student conduct body will be determined based on all the documentation and testimony presented at the time of the hearing.
- Proper notification given to the student if the college has sent the hearing notification by one of the methods set forth in Sections 17 and 23.
- A student may request a hearing to be rescheduled once if proper notice is given, at least two business days prior to the hearing, and for reasonable cause. A student requesting to reschedule after the first time may only do so at the sole discretion of the student conduct body and under extraordinary circumstances.
f. Scope of Inquiry
A student's previous student conduct record from the NYIT student conduct process (if applicable) will only be considered at the discretion of the student conduct officer when determining whether the student has violated the Student Code of Conduct. However, after a student is found responsible for a violation of the code, any academic or previous disciplinary record may be taken into account when determining the appropriate educational sanction(s).
g. Disciplinary Consolidations
- Whenever possible, cases where more than one student is alleged to be in violation of the Student Code of Conduct and the students' conduct arose out of the same incident(s), each case should be heard by the same student conduct body.
- In cases where more than one student is alleged to be in violation of the Student Code of Conduct and the students' conduct arose out of the same incident(s), a single hearing may be held for all the students charged. Such students may request their case be consolidated with the others or separated from others.
- The student conduct officer shall make determinations regarding consolidation with the students, and, if necessary, with the party filing the complaint. The student conduct officer shall make the final decision on all consolidations.
h. Role of the Student Conduct Officer
The role of the student conduct officer when presiding over a formal hearing will be to:
- Advise the student of his/her rights under the Student Code of Conduct.
- If an advisor is present, review the advisor's role and limitations during the hearing as outlined in the Section 7, Student Rights.
- Make all administrative decisions on matters relating to the conduct of the hearing, including matters regarding admission of relevant evidence, statements, and questions.
- Ensure that all questioning of witnesses is done in an orderly and respectful fashion. The student conduct officer reserves the right to determine the method for delivery of questions between the respondent student and witnesses.
- Maintain an orderly hearing and permit no person to be subjected to abusive treatment, intimidation, or harassment. The student conduct officer, at his/her discretion, may remove anyone who refuses to be orderly and conducts himself in a manner conducive to a learning environment.
- Administer an appropriate oath of truthful testimony to the charged student and all witnesses.
i. Hearing Procedures (Formal)
All formal hearings are private and closed to the public. Formal hearings are recorded by NYIT only via audio or video recording (at the sole discretion of the chair), and the recording will act as the official record of the hearing. The following procedures are applicable to formal hearings before all student conduct bodies:
- Presentation of the incident and the sections of the code alleged to be violated by the student conduct officer (or chair of the Student Conduct Board).
- Brief review and affirmation of student rights and responsibilities by the student conduct officer.
- Administration of an appropriate oath of honesty and truthful testimony to the charged student prior to testimony before the hearing body.
- Opening statement by the charged student.
- Questions directed to the charged student by the student conduct board.
- Administration of an appropriate oath of honesty and truthful testimony to each witness prior to testimony before the hearing body.
- Presentation of witnesses, or witness statements by the Investigator, followed by questioning of those witnesses by the hearing body and the student, if appropriate. The student conduct officer reserves the right to determine the relevance of the questions and the method for delivery of questions by the student to the witnesses. Witnesses are then dismissed. At the discretion of the student conduct officer, witnesses may be excluded from the hearing during the testimony of other witnesses. Written statements may not be considered evidence unless signed by the witness or witnessed by an NYIT official (a statement sent from an official NYIT email account may serve as a proxy signature). A copy of written statements will be furnished to the student and hearing body. All paperwork presented must be collected by the student conduct officer at the end of the hearing. In certain circumstances, the student conduct officer may determine that a witness may testify outside the presence of the charged student (or the written statement may not be furnished to the charged student), where there are potential repercussions to the witness of being identified to or testifying in the presence of the charged student. In such cases, the student conduct officer must take all reasonable measures to protect the rights of the charged student, including providing the student with a summary of the testimony and the opportunity to provide written questions to the witness.
- Follow-up questions to the charged student.
- Closing statement by the student.
- Meeting adjournment. The student conduct officer will exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. The student conduct officer has the right to make the appropriate revisions to the hearing procedure so long as the student's rights are upheld and maintained. Any person, including the advisor, who disrupts a hearing or who fails to adhere to the facilitating of a student conduct officer, may be excluded from the proceedings.
- Deliberations are closed, except for members of the student conduct board, and are not audio or video recorded. Responsibility is determined by the student conduct officer, or in cases resolved by the student conduct board, by a majority vote of the student conduct board members, except in cases involving recommendation for expulsion. The vote and final decision of the student conduct board, including the determination of responsibility and sanctions, if appropriate, are recorded and become the official record of the hearing.
- Cases involving recommendation for expulsion must be unanimous. The vote and the final decision of the student conduct board, including the determination of responsibility and the sanctions, if appropriate, are recorded and become the official record of the hearing.
- The student and the complainant, if any, shall be informed of the outcome of the student conduct proceeding and sanctions imposed. Witnesses will not be notified of the outcome of the hearing.
Within 15 business days after the conclusion of deliberations, the student conduct board shall provide to the student the outcome, in writing, which will include:
- A summary of the evidence/finding of fact used to support its determination.
- The determination of the appropriate sanction(s).
- The process for appealing.
The student's enrollment status shall remain unchanged pending NYIT's final decision in the matter except in cases of interim suspension or where the dean of students (or designee) determines that the safety, health, or general welfare of any individual, or any part of NYIT may be involved.
a. Application of Sanctions
One or more of the following sanctions may apply when a student, student organization, or Greek letter organization is found responsible for violations of the Student Code of Conduct:
- Warning Letter Without a Hearing: For minor infractions of this code, the dean of students (or designee), director of housing and residential life (or designee) may send the student a warning letter. The letter states that if the student takes full responsibility for the alleged violation, and any imposed sanctions, then the letter will act as a warning. If the student does not accept responsibility for the alleged violation of the code, then the student must schedule an information meeting to schedule an informal or formal hearing.
- Warning: Oral or written reprimand, when appropriate, to the student or student organization that the student/student organization has violated the Student Code of Conduct and that further violation of the code will result in more serious disciplinary action.
- Educational or Community Assignments: An educational or community sanction is a developmental task for the purpose of making a positive contribution to the student's well-being or the college community. Assignments may include, but are not limited to, attendance at educational workshops/seminars, research projects, essays, apology letters, meetings/interviews with NYIT officials, planning and implementing educational programs, special assignments, community service projects/work assignments, or other educational activities. For violations of the Policy on Alcohol and Other Drugs, an alcohol and drug education sanction is required.
- Fine: A written warning that requires payment of a monetary sanction, not to exceed $500. Failure to pay all fines, in full, may result in a student conduct hold for registration, denial of a final grade report, diploma, and/or transcripts.
- Restitution: Restitution for damages may be a part of any sanction, and may include monetary compensation, property replacement, or services up to the amount of the damages incurred. Failure to make restitution, in full, may result in a student conduct hold for registration, denial of a final grade report, diploma, and/or transcripts.
- Residential Relocation: Relocation to another residential assignment, which may include relocation to a different room assignment and/or residence hall.
- Residential Probation: A specified period of time, during which more severe student code of conduct action can be taken and/or a student's NYIT residential contract may be terminated if further violation(s) of residence policies and/or the Student Code of Conduct occur.
- Residential Suspension: Termination of a student's NYIT residential contract. The student is prohibited from entering into or being near the vicinity of specified residence hall(s). The student is not entitled to a refund of his residential contract. A sanction of residential suspension shall set forth, in writing, the conditions that will permit the student's re-acceptance into the residence hall, if appropriate.
- Campus Access Restrictions: Termination of a student's or student organization's privilege to enter into and be near the vicinity of one or more campus buildings. A student may also lose the privilege to enter onto campus grounds entirely.
- Disciplinary Probation (Individual Student): A specified period of time during which a student has an opportunity to demonstrate the ability to be a responsible member of the NYIT community. A student on probation may be prohibited from holding an office or being elected to any honorary organization; may be required to complete additional educational activities; and may be restricted from participation in certain specified events/activities; from entering certain facilities, classes, or offices; or from contacting/communicating (verbal, nonverbal, physical, or electronic) with specific individuals or groups. Any further violation of the Student Code of Conduct places the student's or student organization's status with the college in jeopardy. Disciplinary probation may be extended beyond a previously specified time for prior violation of the Student Code of Conduct.
- Disciplinary Probation (Student Organization/Greek Letter Organization): A specified period of time during which a student organization's membership has an opportunity to demonstrate their ability to be responsible members of the NYIT community. A student organization may be required to complete additional educational activities and may be restricted from recruitment activities; participation in certain specified events/activities; entering certain facilities, classes, or offices; or contacting/communicating (verbal, nonverbal, physical, or electronic) with specific individuals or groups. Any further violation of the Student Code of Conduct places the student organization's status with the college in jeopardy.
- No Contact (Individual Student): A mandate to refrain from contact with a designated student or students. Contact may include, but is not limited to, communication through email, phone, voicemail, websites, or friends.
- Suspension (Individual Student): Suspension from academic enrollment and revocation of other privileges or activities, and the privilege to enter all NYIT campuses for a period of time not to exceed two years. Conditions that will permit the student's readmission, if appropriate, will be specifically outlined in writing. Any communications with the institution and student during the period of suspension will be directed to the dean of students (or designee).
- Suspension (Student Organization/Greek Letter Organization): Suspension from and revocation of all privileges or activities for a period of time not to exceed two years. Conditions that will permit the student organization's reinstatement, if appropriate, will be specifically outlined in writing.
- Recommendation for Expulsion (Individual Student): If the student conduct body recommends expulsion, the recommendation will be sent to the vice president for student affairs (or designee) for review of the file. If the vice president for student affairs or designee agrees with the finding of the student conduct body, the student will receive notification of expulsion from the college. If the vice president for student affairs (or designee) does not agree with the recommendation, the case will be sent back to the student conduct body for re-sanctioning. In this situation, the student will be notified of the final decision of the student conduct body.
- Expulsion (Individual Student): Complete termination of student status and academic enrollment for any indefinite period of time. This sanction may be recommended by any NYIT student conduct body, but shall be imposed by the vice president for student affairs (or designee). Conditions that will permit the student's readmission, if appropriate, will be specifically outlined in writing. Any communications with the institution and student during the period of expulsion will be directed to the vice president for student affairs (or designee).
- Expulsion (Student Organization/Greek Letter Organization): Complete termination of a student organization's status and recognition by NYIT and revocation of all privileges and activities for an indefinite period of time. This sanction may be recommended by any NYIT student conduct body but shall be imposed by the vice president for student affairs. Conditions that will permit the student organization's reinstatement, if appropriate, will be specifically outlined in writing.
b. Counseling Assessment
Referral for assessment at the Counseling and Wellness Center or a certified/licensed agency may be required for alcohol/drug cases, general mental health, or other mental health issues. In cases of probation, suspension, or expulsion, counseling assessment conditions that permit the student's satisfactory completion of the probationary status or readmission to NYIT will be specifically outlined in writing.
Any student found responsible for a violation of the Student Code of Conduct, or any complainant in one of the cases listed in Section 7.b.1 above, may request a review of the determination and/or of the sanction(s) imposed by the student conduct body, subject to Section 12.c below, Grounds for Appeal.
a. Burden of Proof
The burden of proof at the appellate level rests with the student to clearly show that an error has occurred during the conduct process; this is not a re-hearing of the student conduct case but rather a review of the specified error as outlined in Section 12.c, Grounds for Appeal.
b. Appellate Forums
- Decisions of the residence hall director/area coordinators or assistant director for housing and residential life will be appealed to the director of housing and residential life.
- Decisions of the director of housing and residential life, or director or senior director of campus life (or designee), will be appealed to the dean of students (or designee).
- Decisions of the dean of students (or designee) and decisions of a student conduct body that do not involve violations of the Gender-Based Misconduct Policy will be appealed to the vice president for student affairs, with the exception of expulsion.
- Decisions of the dean of students (or designee) and decisions of a student conduct body that involve violations of the Gender-Based Misconduct Policy will be appealed to an appellate review panel as determined by the vice president for student affairs, with the exception of expulsion.
- For cases not involving violations of the Gender-Based Misconduct Policy in which the final decision of the student conduct body is expulsion, the appeal will be decided by the president of the university (or designee).
- For cases involving violations of the Gender-Based Misconduct Policy in which the final decision of the student conduct body is expulsion, the appeal will be decided by an appellate review panel as determined by the president of the University (or designee)
c. Grounds for Appeal
Failure to describe the nature of the evidence in full detail in the appeal letter will result in the denial of an appeal. Appeal considerations are limited to:
- A violation of student's rights (see Section 7, Student Rights) or other procedures occurred that substantially affected the outcome of the hearing. Appeals based on this consideration will be limited solely to a review of the record and recording of the conduct hearing.
- New evidence, which was not available at the time of the original hearing and could have substantially affected the outcome. The nature of the evidence must be described in full detail in the appeal letter.
- The sanction(s) imposed were disproportionate to the violation of the Student Code of Conduct for which the student was found to be responsible.
- The grounds for appeal for students whose case was determined through a summary resolution is solely that the severity of the sanction is disproportionate to the nature of the offense.
- Failure to attend a hearing, if proper notice was given as set forth in this code, is not sufficient grounds for an appeal.
d. Appellate Review Process
- Initiating Appeal: A written appeal must be submitted within five business days of the receipt of the written decision, to the appropriate appellate body listed in Section 12.b. If the student conduct board decision is not appealed within that time frame, that decision of the student conduct body becomes final.
- Record of Appeal: The record of appeal will consist of and be limited to the written appeal, written decision of the student conduct body, and any documentation relevant to the grounds for appeal.
e. Appellate Review Panel
The appellate body may convene an appellate review panel at its sole discretion.
f. The Appellate Body
The appellate body may:
- Affirm the decision previously rendered by the Student Conduct Board.
- Return the case to the Student Conduct Board for further review and adjudication.
- Reverse the decision rendered by the Student Conduct Board and/or dismiss the case.
- Modify the decision rendered.
- Modify the sanctions (reduce or increase the sanctions imposed).
g. The Appellate Decision
- The appellate decision is sent in writing to the student, and to the complainant, where appropriate or required, within five business days of an appellate review unless notification is given that additional time is necessary for consideration of the record on appeal.
Record of Disciplinary Proceedings
An NYIT audio or video recording will be made of formal hearings. If a recording malfunction occurs, the hearing body shall include a summary of the testimony sufficiently detailed to permit review in case of appeal. The recording shall be maintained by the dean of students (or designee) or housing and residential life as outlined in Section 18, Student Conduct Records. A charged student may review the recording of his or her hearing by scheduling an appointment with the dean of students (or designee) or appropriate housing and residential life hearing officer that conducted the hearing. A student may not have a copy of the audio or video recording or any other written materials involved in the hearing other than direct correspondence between the student conduct body and the student.
Failure to Comply with Judicial Body Action
A student who fails to complete a sanction within the specified time frame will be considered to be in violation of the code. It is the student's responsibility to notify the appropriate student conduct body if there are mitigating circumstances that prevents him/her from completing the sanction(s) in specified time frame. The student conduct body may extend the deadline time, at its discretion. It is the student's responsibility to complete all sanctions within the specified time frame to avoid student conduct holds and/or a charge of failure to comply.
- The dean of students (or designee) or the director of housing and residence life (or designee) will place a student conduct hold on the records and registration of any student who fails to respond to a conduct notice or fails to complete a sanction as determined through final NYIT action. Any pending conduct matters must be resolved prior to re-registration or a student's graduation. No student will be allowed to register, graduate, receive grades, or have transcripts released until the pending disciplinary matter(s) is/are resolved. Student conduct holds may also affect financial aid.
- The vice president for student affairs (or designee) will place a student conduct hold on the records and registration of a student that is under suspension or expulsion from the institution. The student conduct hold will not be removed until the student's suspension status has expired and/or the requirements as set forth by the student conduct/appellate body for readmission have been successfully met. This determination will be made by the vice president for student affairs or designee.
- The vice president for student affairs or dean of students (or designee) is authorized to place or remove student conduct holds.
Students are encouraged to notify their parents of pending student conduct proceedings. In accordance with the Family Educational Rights and Privacy Act (FERPA), NYIT officials may provide information to a student's parents or legal guardians, without the student's consent, under certain circumstances, including the following:
- If it is determined that a student (under age 21) has committed a violation of law or the Student Code of Conduct, which involved the use or possession of alcohol or controlled substances;
- If NYIT determines that there is a significant threat to the health or safety of the student or other individuals;
- If a dependent student has been placed on suspension or expulsion.
Delivery of Disciplinary Notifications
- Permanent and/or local addresses on file with the Office of the Registrar and/or the student's official NYIT email account are considered appropriate and official venues for notifications regarding violations of the Student Code of Conduct.
- In cases, where appropriate, written conduct notices may be delivered by hand to a student's class, other NYIT location, or NYIT residence hall.
a. Official Record Management
All student-conduct records will be managed in accordance with the Family Education Rights and Privacy Act (FERPA). Official student conduct records are maintained, as follows:
- Complete conduct records and appellate records of the Office of Housing and Residential Life, including all documentation and recordings (if applicable), will be maintained by the Office of Housing and Residential Life.
- Complete student conduct records and appellate records of the Office of Campus Life, including all documentation and recordings (if applicable), will be maintained by the Office of Campus Life.
- Copies of the meeting and appellate decisions (outcome letters, sanctions, if applicable) of the Office of Housing and Residential Life, will be maintained by the Office of Campus Life.
- For crimes of violence, including, but not limited to sexual violence, NYIT will make a notation on the transcript of students found responsible after a conduct process that there was a sanction of suspension and/or expulsion after a finding of responsibility. For respondents in cases of sexual violence who withdraw from the institution while conduct charges are pending, and decline to complete the student conduct disciplinary process, NYIT will make a notation on the transcript of such students that they withdrew with conduct charges pending. Appeals to seek the removal of transcript notations of suspensions (but not expulsions) may be submitted in writing to the vice president for student affairs no less than one year following the conclusion of the suspension period.
- If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.
b. Student Conduct Records Duration
- Student conduct files are kept for seven years after graduation, except that in cases involving suspension or expulsion, the files are kept indefinitely.
- After the seven-year period, the conduct record is removed from the student's files.
c. Student Conduct Records Request
Students may not obtain a copy of the information in their student conduct file unless required under federal or state law.
Interpretation and Evaluation
- Any question of interpretation regarding the student code shall be referred to the vice president for student affairs or designee for final determination.
- The vice president for student affairs or designee shall review the Student Code of Conduct from time to time under the charge from the president, vice president for student affairs, or their designee.
- The NYIT Student Rights and Responsibilities Review Committee shall be appointed by the vice president for student affairs and will include student representatives.
Privacy and Confidentiality
- All conduct proceedings and records are confidential. In accordance with the Family Education Rights and Privacy Act, NYIT will abide by all laws requiring confidentiality and privacy with regard to the student conduct process. This confidentiality extends to all student conduct bodies and forums.
- In cases involving alleged behavior, where complainant's rights are impacted, the dean of students (or designee) will inform the complainant whenever appropriate, of the outcome of the conduct meeting. In cases of violation of the gender-based misconduct policy, the complainant will receive notification of the outcome.
- All conduct proceedings are private and closed to the public, unless the student alleged to have violated policy and complainant (if applicable) agree in writing to an open hearing. However, the student conduct body, when necessary to maintain order or to protect the rights of other participants, can deem the proceedings closed to the public.
Release of Disciplinary Records
- A student may choose to sign a release form granting the appropriate student conduct body permission to discuss information related to his student conduct file with any individual that he designates. This form is available from the dean of students (or designee) or the Office of Housing and Residential Life.
- Any educational institution or other agency requesting any conduct information related to a current or former NYIT student is required to submit a request, in writing, to the dean of students (or designee). All written requests must include the signature of the student granting the release of information related to his student conduct record and his current contact information. The dean of students (or designee), at his discretion, may contact the student for verification prior to the release of any conduct information.
Auxiliary Aids and Services
Students with disabilities as defined by the Americans with Disabilities Act requiring special accommodations should notify the dean of students (or designee), in writing, at least five business days prior to the hearing. The dean of students (or designee) will consult with the student disabilities coordinator to determine the appropriate steps that may need to be taken to accommodate the student.
Official Forms of Communication
NYIT's official mode of communication with students is NYIT-issued emails and U.S. mail. Students are expected to check their NYIT email accounts on a regular basis, and failure to check NYIT email is not considered an excuse for failing to respond to a communication, missing deadlines, or failing to complete required documents. Student conduct notification and letters may be sent by NYIT email, hand delivery, U.S. mail, registered U.S. mail, United Parcel Service, DHL, Federal Express, etc. Regardless of the mode of communication, the student is deemed to have received the communication upon proper mailing, sending, delivery, or email of the communication to the student.
Interim and Emergency Suspension
a. Interim Suspension
In situations of potential code violations where there is reasonable cause to believe a student's alleged behavior or action and/or continued presence at the institution poses a clear and present danger to the health, safety, or general welfare of individuals, the campus community, or continuance of normal NYIT functions, the dean of students (or designee) will temporarily restrict a student from specific NYIT facilities including, but not limited to, residence halls, buildings, and classrooms or temporarily suspend the student from NYIT for an interim period of time pending disciplinary proceedings. Such situations may involve emergency, medical, mental, or some other chronic matter, including but not limited to physical assault, harassment and/or bullying, sexual assault or misconduct, hazing, possession of firearms, explosives, weapons, felony drug possession, and other acts of a similar nature that threaten or have the potential to threaten the health and/or safety of individuals and/or the property of NYIT. The dean of students (or designee) may require specific evaluations to take place. Outside evaluations are conducted at the expense of the student.
b. Emergency Suspension
In situations not necessarily involving potential code violations, but where there is reasonable cause to believe a student's alleged behavior or action and/or continued presence at the institution poses a clear and present danger to the health, safety, or general welfare of individuals, the campus community, continuance of NYIT functions, or NYIT property, the dean of students (or designee) will temporarily restrict a student from specific NYIT facilities including residence halls, buildings, and classrooms or temporarily suspend the student from NYIT for an interim period of time pending an evaluation of that student's well-being by an outside licensed practitioner and/or the Office of Campus Life. The dean of students (or designee) may require specific evaluations to take place. Outside evaluations are conducted at the expense of the student.
A student under interim or emergency suspension is not allowed on any NYIT campus or property without express permission of the dean of students (or designee). In addition, the student may not contact any other student, staff, faculty or administrator with the exception of the dean of students (or designee) without prior permission. In cases of interim suspension, the student is entitled to a student conduct hearing as set forth in this code, but not an informational meeting, unless approved by the dean of students (or designee).
Academic Integrity Policy: U.S. Campuses
Section 1 – Preamble
In its mission to provide a career-oriented education, NYIT strives to create a community of students, faculty, and staff intent on teaching, learning, and researching. As members of this learning community, students and faculty must work together to ask difficult questions of what we know and to discover what we have yet to learn.
The foundation of academic work is intellectual integrity, credibility, and trust. A learning community can only be maintained if its members believe that their work is judged fairly and that they will not be put at a disadvantage because of another member's dishonesty. For these reasons, it is essential that all members of the NYIT community understand our shared standards of academic honesty. More than just a series of regulations, the Academic Integrity Policy serves as a guide for students and faculty for understanding these standards and their importance in the mission of NYIT.
Section 2 – Definitions
a. Academic Integrity
Academic integrity is the pursuit of scholarly work in an open, honest, and responsible manner. Academic integrity is a basic guiding principle for all academic activity at NYIT, and all members of the college community are expected to act in accordance with this principle. Academic integrity includes a commitment not to engage in or tolerate acts of falsification, misrepresentation or deception in the completion of academic work. Such acts of dishonesty violate the fundamental and ethical principles of the NYIT community and compromise the worth of work completed by others.
b. Academic Dishonesty
All members of the NYIT community are expected to observe high standards of academic integrity and ethical behavior in completing assignments for evaluation, testing, research, and publication. Any practice or conduct by a member of the NYIT community that seriously deviates from the ethical standards that are commonly accepted within the professional community, and as outlined in this policy, constitutes academic dishonesty. Academic integrity violations encompass any act that compromises the integrity of the educational process. These violations include, but are not limited to:
- Plagiarism: Plagiarism refers to representing the words or ideas of another as one's own in any academic exercise without providing proper documentation of source. It is the responsibility of all students to understand the methods of proper attribution and to apply those principles in all written, oral, and electronic submissions. This information is available from instructors, library staff, library website and at the Writing Center. Examples include, but are not limited to:
- Copying information word for word from a source without using quotation marks and giving proper acknowledgement by way of footnote, endnote, or intertextual note.
- Paraphrasing or putting into one's own words information from a source without providing proper acknowledgement/citation.
- Reproducing without proper citation any other form of work of another person, such as a musical phrase, a proof, experimental data, laboratory report, graphics design or computer code.
- Cheating: Cheating refers to intentionally using or attempting to use unauthorized materials, information, or study aids in any academic exercise. Examples include, but are not limited to:
- Copying from another student's examination, research paper, case write-up, lab report, homework assignment, or computer program.
- Possessing or using unauthorized notes, text, or other aids during an examination, quiz, or other assignment.
- Looking at someone else's exam before or during an examination.
- Handing in the same paper for more than one course without the explicit permission of the instructors.
- Possessing an electronic device that contains unauthorized information for a test or assignment such as programming one's computer or calculator to gain an unfair advantage.
- Soliciting, obtaining, possessing, or providing to another person an examination or portions of an exam prior or subsequent to the administration of the exam.
- Talking, whispering, or using a cell phone during an examination for the purpose of obtaining answers to questions.
- Unauthorized Collaboration: Unauthorized collaboration refers to working with other students without the instructor's permission in the preparation and presentation of reports, laboratory reports, homework assignments, take-home exams, term papers, research projects, case studies, or otherwise failing to abide by the instructor's rules governing the academic exercise where the expectation is that the work to be completed is an individual and independent effort. Working in teams and collaborating with others in completing group projects and other assignments is an effective teaching pedagogy used by some instructors. However, collaborative learning must be sanctioned by the instructor. Students are encouraged to consult with the instructor if they are unsure about the assignment, course expectations, or what constitutes unauthorized collaboration.
- Fabrication: Fabrication refers to the intentional and unauthorized falsification, misrepresentation, or invention of any information, data, or citation in any academic exercise. Examples include, but are not limited to:
- Falsifying or altering the data collected in the conduct of research.
- Making up a source as a citation in an assignment or citing a source one did not use.
- Attempting to deceive the instructor by altering and resubmitting for additional credit assignments, tests, quizzes, or exams that have been graded and returned.
- Stating an opinion as a scientifically proven fact.
- Facilitation: Facilitation refers to intentionally or knowingly assisting any person in the commission of an academic integrity violation. Examples include, but are not limited to:
- Allowing another student to copy one's answers during an examination.
- Giving another student one's assignment or paper to copy answers to a test or assignment.
- Taking an examination or writing a paper for another student.
- Inaccurately listing someone as co-author of a paper, case write-up, lab report, or project, who did not contribute.
- Signing an attendance sheet for a student who was not present in class.
- Misrepresentation: Misrepresentation refers to intentionally engaging in deceptive practices and misusing one's relationship with the college to gain an unfair advantage in the admissions process, access to programs and facilities, employment opportunities, and any academic exercise. Examples include, but are not limited to:
- Arranging for another student to substitute for oneself during an examination session or in the completion of course work.
- Taking credit for work not done, such as taking credit for a group assignment without participating or contributing to the extent expected.
- Falsifying, misusing, omitting, or tampering with official college information in any form, including written, oral, or electronic, including test scores, transcripts, letters of recommendation, or statements of purpose to gain initial or continued access to the college's programs or facilities.
- Altering, changing, forging, or misusing academic records or any official college form regarding oneself.
- Causing any false information to be presented at an academic proceeding or intentionally destroying evidence important to an academic proceeding.
- Reporting an academic integrity violation known to be false.
- Misrepresenting or falsifying class attendance or that of another student.
- Participation in Dishonest Acts: Some dishonest acts that undermine the fundamental values of an intellectual community fall outside of the more specific academic integrity violations described above. Examples include, but are not limited to:
- Purchasing a pre-written paper through a mail-order service.
- Selling, loaning, or otherwise distributing materials for the purpose of cheating, plagiarism, or other academically dishonest acts.
- Intentionally missing an examination or assignment deadline to gain an unfair advantage.
- Stealing or attempting to steal an examination or answer key from an instructor, proctor, or staff member.
- Infringing upon the right of other students to fair and equal access to any library materials and comparable or related academic resources
- Attempting to prevent access by other users to the college's computer system and its resources, to degrade its system performance, or to copy or destroy files or programs without consent
- Offering bribes (e.g., monetary remuneration, gifts, or favors) to any college official in exchange for special consideration, waiver of procedures, or change of grade on an assignment or course
Section 3 – Reporting Violations of Academic Integrity
Students, faculty and staff share in the responsibility for maintaining the academic standards of the college, for promoting integrity, and for upholding the Academic Integrity Policy. To protect the rights and maintain the trust of honest students and support appropriate behavior, instructors should regularly communicate high standards of integrity and reinforce them by taking reasonable steps to anticipate and deter acts of dishonesty in all assignments and examinations. To promote a learning environment that is built upon the fundamental values of honesty, trust, fairness, respect and responsibility, each NYIT community member is encouraged to confront instances of suspected wrongdoing and to report alleged violations of the Academic Integrity Policy to the appropriate instructor, department chair, academic dean, or dean of students (or designee). A standard Academic Dishonesty Incident Report, a personal letter, or meeting with the appropriate college official are all appropriate means by which referrals are made. Students are not obligated to report suspected violations, but they are encouraged to do so. Students may also approach those involved in alleged academic dishonesty to remind them of their obligation to uphold standards of academic integrity.
Section 4 – Academic Dishonesty Review Process
There are two types of forums provided by this code to review alleged violations of the Academic Integrity Policy:
a. Academic Resolution (Informal)
The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity. Students involved in academic dishonesty, either directly or indirectly as a participant, are immediately responsible to the instructor of the course who is obligated to address the alleged violation.
Academic resolutions are conducted by the instructor of the course in which an alleged violation of the Academic Integrity Policy has occurred. When an instructor suspects that a student may have violated the college's policy, the instructor shall meet with the student to discuss his concerns and present the student with any supporting evidence and documentation. The student shall be afforded the opportunity to respond to the allegations and to offer an explanation.
- Student Accepts Responsibility: At an academic resolution meeting if the instructor and the student agree that a violation has occurred and the student accepts responsibility for the violation, the instructor may at his discretion impose the following academic sanctions or grade penalties:
- Issue the student an oral warning together with advice about what is acceptable academic conduct.
- Change the grade on the assignment, including lowering or assessing a failing grade.
- Change the grade for the course, including lowering or assessing a failing grade.
- Allow the student to resubmit the assignment or retake the exam.
- Assign additional academic work or alternative assignments.
Imposing additional sanctions such as disciplinary probation, suspension, expulsion, or removing a student from class are outside the purview of the instructor and may not be issued as part of the academic resolution process. These sanctions may only be rendered through the student conduct process administered by the dean of students (or designee).
- Student Does Not Accept Responsibility: If the student does not accept responsibility and/or disputes the allegation or decision of the instructor at the academic resolution meeting, the instructor will assign an incomplete (I) grade on the assignment or in the course, pending the outcome of a hearing before the student conduct board as outlined in Section 4 (b) of the Academic Integrity Policy. Students assessed an incomplete grade will be allowed to continue in the course without prejudice, pending the outcome of the formal student conduct process. If the course ends before the student conduct board has acted, the instructor will submit the incomplete grade to the Office of the Registrar pending a hearing before the student conduct board. At the conclusion of the student conduct process, the instructor will submit a change-of-grade form to the registrar reflecting the outcome of the student conduct hearing and the instructor's evaluation of the student's work in the course.
- Academic Dishonesty Resolution Report: At the conclusion of the academic resolution meeting with the student, the instructor will complete an Academic Dishonesty Resolution Report, signed by both parties indicating whether or not the student has accepted responsibility for a violation of the Academic Integrity Policy and any academic sanctions or grade penalties imposed. The Academic Dishonesty Resolution Report may also be used by the instructor to request a formal review of the matter by the dean of students (or designee) and the student conduct board. If the student refuses, to or is unavailable, to sign the Academic Dishonesty Resolution Report, the instructor may forward the report to the dean of students (or designee), absent the student's signature.
- A copy of the report and all supporting evidence and documentation should be forwarded to the dean of students (or designee) and to the department chair within five business days at the conclusion of the academic resolution process. The Academic Dishonesty Resolution Report serves as the official record of the meeting and will become part of the student's student conduct record maintained by the dean of students (or designee). If the dean of students (or designee) receives a second Academic Dishonesty Resolution Report on a student (either from the same or a different faculty member), the dean of students (or designee) may proceed with an Informal Hearing as outlined in Section 4 (a.5) below.
Meeting With the dean of students (or Designee): Upon receipt of the Academic Dishonesty Resolution Report, the dean of students (or designee) may meet with the student who has accepted responsibility for a violation of the Academic Integrity Policy to review the policy and to stress its importance; outline the resources and services provided by the college to assist students who may be experiencing academic difficulty; and issue a written warning indicating that a further violation of the Academic Integrity Policy will be attended by more serious student conduct sanctions. In cases where a student is assessed and accepts a failing grade for the course by the instructor, the student will be informed that he is no longer allowed to attend the class. Students found responsible for a first violation may also be required to attend an ethics seminar coordinated through the dean of students (or designee). A summary letter of the meeting will be sent to the student and a copy forwarded to the instructor and department chair. In cases where the student does not accept responsibility for a violation of the Academic Integrity Policy, the dean of students (or designee) will initiate the formal student conduct process outlined in Section 4 (b) of the Academic Integrity Policy.
Informal Hearing with the dean of students (or Designee): In cases where the dean of students (or designee) receives a second Academic Dishonesty Resolution Report on a student, an informal hearing, in the form of a meeting with the dean of students (or designee), may commence. In this hearing, the dean of students (or designee) will determine an appropriate sanction for the student or refer the matter to a formal hearing with the student conduct board.
Academic Resolution Appeals: A student who accepts responsibility and agrees with the academic sanctions or grade penalties imposed by the instructor as part of the academic resolution process, cannot appeal the decision to a higher authority, student conduct board or the grade appeals committee. The decision and sanctions imposed by the instructor are final. A student who does not accept responsibility and/or disputes the allegation or decision of the instructor has the right to have the matter reviewed by the dean of students (or designee) with a referral to the student conduct board when determined by the dean of students (or designee).
b. Student Conduct Board (Formal)
- Initiating Charges: The dean of students (or designee) or comparable office on each campus is responsible for investigating complaints of alleged violations of the Academic Integrity Policy, and the student conduct board will be called upon to hear cases under the following circumstances:
- If after a thorough review of a complaint it is determined that there is sufficient evidence to formally charge a student with a violation of the policy.
- If at the conclusion of the academic resolution (informal) process the student disputes the allegation and does not accept responsibility for violating the Academic Integrity Policy or disagrees with the sanction(s) imposed by an instructor.
- A review of a student's disciplinary record indicates a second reported violation of the Academic Integrity Policy.
- The instructor or the dean of students (or designee) feels that the seriousness of the first offense warrants a review by the student conduct board.
If the dean of students (or designee) determines that there is insufficient evidence to charge a student with a violation of the policy, the formal disciplinary process will not be initiated and all parties will be notified in writing. If there is insufficient evidence to formally charge a student with a violation of the policy and the instructor chooses to issue an academic sanction or grade penalty, the student has the right to request a review of the matter by the grade appeals committee.
- Procedures: If the dean of students (or designee) determines that there is sufficient evidence to charge a student with a violation of the policy, the formal student conduct process will be conducted in accordance with the procedures set forth in the Student Code of Conduct (Section 10).
- Academic Sanctions and Grade Penalties: The student conduct board does not have the authority to issue academic sanctions or grade penalties in cases where a student is found responsible for violating the Academic Integrity Policy. The evaluation of a student's academic work and issuing a course grade is the responsibility of the instructor. However, the board may make a recommendation to the instructor for consideration. In cases where a student is found responsible for an academic integrity violation by the board and the student has exhausted the student conduct appeals process, the student cannot appeal the academic sanctions or grade penalties imposed by the instructor to the college's grade appeals committee. The board sanctions and any academic sanctions or grade penalties imposed by the instructor are final. In cases where a student is found not responsible for an academic integrity violation by the board and the instructor chooses to impose an academic sanction or grade penalty to reflect the outcome of the formal hearing, the dean of students (or designee) will refer the matter to the college's grade appeals committee.