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STATEMENT AND RESPONSE GUIDELINES ON BULLYING, THREATENING, AND OTHER FORMS OF DISRUPTIVE BEHAVIOR
General
Academic communities exist to facilitate the process of acquiring and exchanging knowledge and understanding, to enhance the personal and intellectual development of its members, and to advance the interests of society. Essential to this mission is that all members of the University Community are safe and free to engage in a civil process of teaching and learning through their experiences both inside and outside the classroom. Accordingly, no student should engage in any form of behavior that interferes with the academic or educational process, compromises the personal safety or well-being of another, or disrupts the administration of University programs or services.
Examples of Disruptive Behavior
Examples of disruptive behavior (collectively “Disruptive Behavior”) include, but are not limited to, the following:
• Academic Disruption/Interference: Behaviors that interfere with an academic activity (e.g., class, advising session, lecture, workshop) such as: persistently talking without being recognized; creating noise that obstructs the learning process; repeatedly interrupting others; maliciously or inappropriately mocking or ridiculing another’s work or comments; speaking in an abusive or derogatory manner; engaging in acts of physical aggression (e.g., causing or threatening injury, physical or verbal intimidation, damaging personal/University property, throwing items), or deliberately engaging in other behaviors that have the effect of compromising the learning process.
• Behaviors Targeted at Individuals: Behaviors that compromise the safety or well-being of others, such as
• bullying, threatening, tormenting, defaming, intimidating, stalking, exploiting known psychological or physical vulnerabilities or impairments, or other similar acts that a reasonable person would consider objectionable by its severity, pervasiveness, or persistence;
• maliciously or inappropriately mocking or ridiculing a person;
• engaging in acts of physical aggression (e.g., causing or threatening injury, physical or verbal intimidation, damaging personal/University property, throwing items); unauthorized photographing or filming of another or, without the person’s consent, the malicious use of that media to embarrass, socially ridicule, or defame that person;
• directing social media or other forms of electronic communication toward an individual in violation of NYU’s Electronic Communication and Social Media Policy [link].
• Engaging in conduct that unreasonably interferes with a person’s academic or work performance, opportunities or benefits, or a person’s mental, emotional, or physical well-being;
• Inciting or attempting to incite violence; or
• Engaging in any other conduct prohibited by applicable law or NYU policy.
• Disrupting the Administration of NYU Programs or Services: Behaviors that interfere with the effective delivery of administrative programs or services, or create a foreseeable risk of material and substantial disruption of NYU’s programs or services, such as persistently or obstructively talking, yelling, screaming, or making noises; speaking in an abusive or derogatory manner; maliciously or inappropriately mocking or ridiculing persons who provide or use/seek to use the program?service; or engaging in acts of physical aggression (e.g., causing or threatening injury, physical or verbal intimidation, damaging personal/University property, throwing items); or refusing to adhere to the established procedures associated with the delivery of such programs or services.
Guidelines for Response and Enforcement
Disruptive Behavior also may violate paragraphs B.1 and B.2. of the University’s Rules for the Maintenance of Public Order, see http://www.nyu.edu/about/policies-guidelines-compliance/policies-and-guidelines/rules-for-the-maintenance-of-public-order.html, or other University policies. Should the Disruptive Behavior be related to a characteristic of a targeted person that is a legally protected status, the person engaging in the Disruptive Behavior also may be violating the University’s policies on Sexual Assault, Harassment, and other forms of Sexual Misconduct or the University’s Anti-Harassment Policy.
Students alleged to have engaged in Disruptive Behaviors, or to have knowingly or negligently facilitated the Disruptive Behavior of others, will be subject to review and the possible imposition of penalties in accordance with the standards, practices, and procedures of the University and its Colleges/Schools/Institutes, and/or divisions.
• Academic Disruption/Interference: If a student has engaged in Disruptive Behavior, the faculty member is urged to ask the student to cease the behavior and warn the student that failure to do so can result in removal from the class, as well as disciplinary action. Should the student continue the Disruptive Behavior, the faculty member is authorized to ask the student to leave the classroom and, where deemed necessary, to call the NYU Department of Public Safety to assist in the student’s removal from the premises. Should the faculty member believe the circumstances are such that a danger exists that could reasonably be expected to cause death or serious physical harm, the faculty member should call the NYU Department of Public Safety or the New York City Police Department for assistance. Whenever a student has been so removed from the classroom, the faculty member should immediately inform the Office of the Dean of the College/School/Institute so that appropriate disciplinary action can be considered. The Office of the Dean of the College/School/Institute in which the student is enrolled may temporarily suspend the student, exclude that student from the classroom, or exclude the student from accessing certain campus facilities or prohibit him/her from having contact with other designated individuals pending resolution of the matter. Should such an action be taken, the student should be informed of the exclusion and offered an expedited review of the matter through the applicable student conduct process.
• Behaviors Targeted at Individuals: Any student, faculty member, staff member, or administrator who believes that he/she is the target of Disruptive Behavior by a student should ask that student to cease the associated behavior. Should the targeted person believe the Disruptive Behavior creates a danger of death or serious physical harm, he/she should call the NYU Department of Public Safety or the New York City Police Department for assistance. The targeted person may file a complaint with the Office of Community Standards and/or the Dean of the College/School/Institute in which the student is enrolled to initiate applicable disciplinary action. The Vice President for Student Affairs or the Dean may temporarily suspend the student or exclude the student from accessing certain campus facilities or prohibit him/her from having contact with other designated individuals pending resolution of the matter. Should such an action be taken, the student should be informed of the exclusion and offered an expedited review of the matter through the applicable student conduct process.
• Disrupting Administration of NYU Programs or Services: If a student engages in Disruptive Behavior that interferes with the effective delivery of NYU’s administrative programs or services, an involved administrator should ask the student to cease the Disruptive Behavior and warn the student that failure to do so can result in removal from the office, as well as disciplinary action. If the student persists in the Disruptive Behavior, the administrator is authorized to ask the student to leave the office/service and, if deemed necessary, to call the NYU Department of Public Safety to assist in the student’s removal from the premises. Should the administrator believe the Disruptive Behavior creates a danger of death or serious physical harm, the administrator is urged to call the NYU Department of Public Safety or the New York City Police Department for assistance. Whenever a student has been so removed, the administrator should immediately notify the Office of Community Standards and Compliance so that appropriate disciplinary action can be considered. The Vice President for Student Affairs or the Dean may temporarily exclude that student from the office/service pending resolution of the matter. Should such an action be taken, the student should be informed of the exclusion and offered an expedited review of the matter through the appropriate student conduct process.
